Project changes inconsistent with final environmental impact assessment or early works
 21. (1) If, after submitting a statement of completion of the Ontario Line Project assessment process or the early works assessment process, Metrolinx wishes to make a change to the Ontario Line Project or early works that is inconsistent with the environmental impact assessment report or final early works report referred to in that statement, or any conditions imposed by the Minister pursuant to subsections 12 (1) or 19 (1), Metrolinx shall prepare an addendum to that report that contains the following information: 1.  A description of the change. 2.  The reasons for the change. 3.  Metrolinx’s assessment and evaluation of any impacts that the change might have on the environment. 4.  A description of any measures proposed by Metrolinx for mitigating any negative impacts that the change might have on the environment. 5.  A statement of whether Metrolinx is of the opinion that the change is a significant change to the Ontario Line Project or the early works, and the reasons for the opinion. 6.  A description of any impacts to the timeline for implementation of the Ontario Line Project or early works. (2) Subsection (1) does not apply to a change that is required to comply with another Act, a regulation made under another Act, or an order, permit, approval or other instrument issued under another Act. (3) If Metrolinx is of the opinion that a change described in an addendum prepared under subsection (1) is a significant change to the Ontario Line Project or early works, Metrolinx shall prepare a notice of addendum in accordance with subsection (4). (4) The notice of addendum shall contain the following: 1.  A description of the change. 2.  The reasons for the change. 3.  Information as to where and how members of the public may examine the addendum to the final environmental impact assessment report or to the final early works report and obtain copies. 4.  Information on how members of the public and Indigenous communities can provide comments to Metrolinx in respect of the addendum to the final environmental impact assessment report or final early works report. 5.  A description of any impacts to the timeline for implementation of the Ontario Line Project. (5) Metrolinx shall distribute the notice of addendum by, (a)  giving a copy of the notice to, (i)  every assessed owner of land within 30 metres of the site of the change to the Ontario Line Project or early works, (ii)  the Director of the Ministry’s Environmental Assessment Branch, (iii)  the Director of the Ministry’s Central Region Office, (iv)  every Indigenous community that is identified on the list provided by the Director described in section 3, and (v)  any other person who, in the opinion of Metrolinx, may be interested in the change; and (b)  publishing the notice in a manner that, in the opinion of Metrolinx, will promptly bring the notice to the attention of interested persons near the site of the change to the Ontario Line Project or early works. (6) For the purposes of identifying persons who may be interested in the Ontario Line Project or early works under subclause (5) (a) (v), Metrolinx shall have regard to Schedule 2 of Ontario Regulation 231/08 (Transit Projects and Metrolinx Undertakings) made under the Act. (7) Metrolinx shall post the notice of addendum on its website. (8) Metrolinx shall provide all of the persons to whom a copy of the notice under clause (5) (a) is given an opportunity to participate in the consultation. (9) Subject to subsections (10) to (12), Metrolinx shall consult with Indigenous communities and interested persons in the way Metrolinx considers appropriate. (10) Metrolinx shall ensure that all of the persons or Indigenous communities to whom a copy of the notice under clause (5) (a) is given are provided with access to a copy of the addendum to the final environmental impact assessment report or final early works report. (11) As part of the consultation, Metrolinx shall discuss with each Indigenous community that may be negatively impacted by the change to the Ontario Line Project or early works, (a)  any existing aboriginal or treaty rights as recognized and affirmed in section 35 of the Constitution Act, 1982 that are identified by the community as potentially being negatively impacted by the change; and (b)  measures for preventing, mitigating or remedying potential negative impacts on the rights referred to in clause (a), including any measures identified by the community. (12) Metrolinx shall establish an issues resolution process to attempt to resolve, (a)  any concerns raised by Indigenous communities or interested persons, in a way that does not cause unreasonable delay to the implementation of the Ontario Line Project or early works, and (b)  any adverse impacts to the existing aboriginal or treaty rights of the aboriginal peoples of Canada, as recognized and affirmed in section 35 of the Constitution Act, 1982, related to the change. (13) Within 65 days of publishing the notice of addendum to the final environmental impact assessment report or final early works report pursuant to clause (5) (b), Metrolinx shall, (a)  complete the consultation and issues resolution under this section; (b)  update the addendum to the final environmental impact assessment report or final early works report, including by adding, (i)  a description of the issues resolution process employed by Metrolinx in respect of any concerns raised by Indigenous communities and interested persons, (ii)  a description of the concerns raised by Indigenous communities and interested persons in the issues resolution process and of the outcome of the process, including what, if anything, Metrolinx did or will do in respect of the concerns raised, and (iii)  a description of any impacts to the timeline for implementation of the Ontario Line Project or early works as a result of how Metrolinx has addressed the concerns; and (c)  publish the addendum to the final environmental impact assessment report or final early works report, as updated in accordance with clause (b), on its website. (14) Metrolinx shall ensure that all of the persons to whom a copy of the notice under clause (5) (a) was given are notified of the updated addendum to the final environmental impact assessment report or final early works report that is published under clause (13) (c) and provided with access to a copy of it. (15) Within 35 days after receipt of the notice given under subsection (14) by the Directors of the Ministry’s Environmental Assessment Branch and Ministry’s Central Region Office, the Minister may, in the circumstances specified in subsection (16), issue a notice to Metrolinx imposing conditions related to the change to the Ontario Line Project or early works. (16) The Minister may issue a notice pursuant to subsection (15) only if, (a)  the Minister is of the opinion that, (i)  the way in which Metrolinx has addressed a concern raised in the issues resolution process established under subsection (12) in the updated addendum to the final environmental impact assessment report or the final early works report that is published under clause (13) (c) would cause unreasonable delay to the implementation of the Ontario Line Project or the early works, and (ii)  the conditions in the Minister’s notice change the way in which the concern is addressed in the updated addendum to the final environmental impact assessment report or final early works report without causing unreasonable delay to the implementation of the Ontario Line Project or early works; or (b)  the Minister is of the opinion that, (i)  the change to the Ontario Line Project or early works may have an adverse impact on the existing aboriginal or treaty rights of the aboriginal peoples of Canada, as recognized and affirmed in section 35 of the Constitution Act, 1982, and (ii)  the conditions may prevent, mitigate, or remedy the adverse impact referred to in subclause (i). (17) If the Minister decides not to issue a notice pursuant to subsection (15), the Minister may, during the time period specified in that subsection, inform Metrolinx in writing of this decision. (18) Metrolinx shall submit a statement of completion of the change process to the Director of the Ministry’s Environmental Assessment Branch and the Director of the Ministry’s Central Region Office after the time period specified in subsection (15). (19) Despite subsection (18), Metrolinx may submit the statement of completion of the change process before the expiry of the time period specified in subsection (15) if the Minister informs Metrolinx pursuant to subsection (17) that a notice will not be issued pursuant to subsection (15). (20) The statement of completion of the change process shall indicate that Metrolinx intends to proceed with the change to the Ontario Line Project or early works in accordance with the updated addendum to the final environmental impact assessment report or final early works report that is published pursuant to clause (13) (c), subject to any conditions imposed by the Minister pursuant to subsection (15). (21) Metrolinx shall post the statement of completion on its website. (22) Metrolinx shall not, after submitting a statement of completion pursuant to section 13 or 20 make a change to the early works or Ontario Line Project that is inconsistent with the final early works report or final environmental impact assessment report referred to in that statement, or any conditions imposed by the Minister pursuant to subsections 12 (1) or 19 (1), unless, (a)  the change is required to comply with another Act, a regulation made under another Act, or an order, permit, approval or other instrument issued under another Act; or (b)  Metrolinx has prepared an addendum to the final early works report or final environmental impact assessment report in accordance with subsection (1) that describes the change and, (i)  Metrolinx is of the opinion that the change is not a significant change to the early works or Ontario Line Project, or (ii)  Metrolinx is of the opinion that the change is a significant change to the early works or the Ontario Line Project and complies with the requirements in subsections (3) to (14) and any conditions imposed by the Minister pursuant to subsection (15). (23) If Metrolinx proceeds with a change to the early works or the Ontario Line Project, it shall do so in accordance with the updated addendum to the final early works report or final environmental impact assessment report in respect of the change that is published pursuant to clause (13) (c), subject to any conditions imposed by the Minister pursuant to subsection (15).