Transition — development and infrastructure
 23. (1) This section applies to the following activities: 1. Construction or demolition of a building under the authority of a building permit that was issued before June 30, 2008 under section 8 of the Building Code Act, 1992. 2. Laying down highways and lots upon the ground within a draft plan of subdivision under the authority of subsection 51 (57) of the Planning Act, if the draft plan was approved before June 30, 2008. 3. Development of a lot, if, i. the lot is within a draft plan of subdivision that was approved under the Planning Act before June 30, 2008, ii. the plan of subdivision has not been registered under the Registry Act or Land Titles Act, and iii. the development is not prohibited by any zoning by-law passed under subsection 34 (1) of the Planning Act or by any order made under section 47 of that Act. 4. Development of a lot, if, i. the lot was created by a provisional consent that was given under section 53 of the Planning Act before June 30, 2008, ii. the lot has not been registered under the Registry Act or Land Titles Act, and iii. the development is not prohibited by any zoning by-law passed under subsection 34 (1) of the Planning Act or by any order made under section 47 of that Act. 5. Development in a site plan control area that is designated under subsection 41 (2) of the Planning Act, if an approval that applies to the development was obtained under subsection 41 (4) of that Act before June 30, 2008. 6. Development that is authorized by a development permit issued before June 30, 2008 under Ontario Regulation 608/06 (Development Permits) made under the Planning Act. 7. Development of a unit within the meaning of the
Condominium Act, 1998, if, i. the unit is within a draft declaration and description that were approved pursuant to subsection 9 (2) of the Condominium Act, 1998 before June 30, 2008, ii. the declaration and description have not been registered under the Land Titles Act, and iii. the development is not prohibited by any zoning by-law passed under subsection 34 (1) of the Planning Act or by any order made under section 47 of that Act. 8. Development that is authorized by a development permit issued before June 30, 2008 under By-law 2004-180 of the Township of Lake of Bays, including any amendments made to the by-law before that day. 9. Carrying out an undertaking, if approval to proceed with the undertaking was given under Part II of the Environmental Assessment Act before June 30, 2008. 10. Carrying out an undertaking, if proceeding with the undertaking was authorized before June 30, 2008 under, i. the Class Environmental Assessment Process for Management Board Secretariat and Ontario Realty Corporation that was approved under the Environmental Assessment Act on
April 28, 2004, ii. the Class Environmental Assessment for Minor Transmission Facilities that was approved under the Environmental Assessment Act on April 23, 1992, iii. the Class Environmental Assessment for Modifications to Hydroelectric Facilities that was approved under the Environmental Assessment Act on August 19, 1993, as extended on August 5, 1998, August 15, 2000, August 19, 2003 and August 8, 2005. iv. the Class Environmental Assessment for Provincial Transportation Facilities approved under the Environmental Assessment Act on October 6, 1999 and amended on July 14, 2000, v. the Class Environmental Assessment for Remedial Flood and Erosion Control Projects by Conservation Authorities that was approved under the Environmental Assessment Act on June 26, 2002, vi. the GO Transit Class Environmental Assessment Document that was approved under the Environmental Assessment Act on December 13, 1995 and amended on August 8, 2005, or vii. the Municipal Class Environmental Assessment approved under the Environmental Assessment Act
on October 4, 2000 and amended on September 6, 2007. 11. Carrying out an undertaking, if proceeding with the undertaking was authorized before June 30, 2008 under, i. Ontario Regulation 116/01 (Electricity Projects) made under the Environmental Assessment Act, or ii. Ontario Regulation 101/07 (Waste Management Projects) made under the Environmental Assessment Act. 12. Carrying out the undertaking described in the order made under section 3.2 of the Environmental Assessment Act and approved by Order in Council 2174/99 on December 8, 1999 with respect to hydroelectric facilities on the Mattagami River. 13. Constructing a hydrocarbon line or station under the authority of an order made under Part VI of the Ontario Energy Board Act, 1998 before June 30, 2008. 14.-16.  Revoked: O. Reg. 176/13, s. 11 (1). O. Reg. 242/08, s. 23 (1); O. Reg. 176/13, s. 11 (1). (2) With respect to a species listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who is engaging in an activity described in subsection (1), if the person has entered into an agreement with the Minister that complies with subsection (3), the agreement is in force and the person has complied with the agreement.  O. Reg. 242/08, s. 23 (2). (3) An agreement referred to in subsection (2) complies with this subsection if, (a) the agreement was entered into before June 30, 2010; (b) the agreement specifically provides that it applies to the species; and (c) the agreement states that, (i) the Minister is of the opinion that the agreement requires the person who engages in the activity to take reasonable steps to minimize adverse effects on the species, (ii) the Minister is of the opinion that, if the agreement is complied with, the activity will not jeopardize the survival or recovery of the species in Ontario, and (iii) the Minister is of the opinion that the agreement does not conflict with the obligation of the Minister to ensure the implementation of any action under subsection 11 (9) of the Act, as it read immediately before June 30, 2010.  O. Reg. 242/08, s. 23 (3); O. Reg. 831/21, s. 4. (4) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a species if, (a) pursuant to subsection (2), clause 9 (1) (a) of the Act did not apply with respect to the member of the species; and (b) the agreement referred to in subsection (2) is in force and the person who engages in the activity described in subsection (1) has complied with the agreement.  O. Reg. 242/08, s. 23 (4). (5) Despite subsection (2), with respect to a species listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, clause 9 (1) (a) and subsection 10 (1) of the Act do not apply during the period from June 30, 2008 to September 30, 2008 to a person who is, (a) maintaining drainage works, if an agreement for the maintenance was filed under subsection 2 (2) of the Drainage Act before June 30, 2008; (b) maintaining or repairing drainage works, if a report that applies to the drainage works was adopted under subsection 3 (15) or 45 (1) of the Drainage Act before June 30, 2008; or (c) maintaining a ditch constructed under The Ditches and Watercourses Act, being chapter 109 of the Revised Statutes of Ontario, 1960, in accordance with subsection 3 (18) of the Drainage Act.  O. Reg. 242/08, s. 23 (5). (6) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a species if, pursuant to subsection (5), clause 9 (1) (a) of the Act did not apply with respect to the member of the species.  O. Reg. 242/08, s. 23 (6). (7) This section does not apply to the operation of a hydro-electric generating station.  O. Reg. 242/08, s. 23 (7). (8) Revoked: O. Reg. 176/13, s. 11 (3)