jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 The purpose of this Act is the betterment of the people of the whole or any part of Ontario by providing for the protection, conservation and wise management in Ontario of the environment.  R.S.O. 1990, c. E.18, s. 2.
2.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2020, c. 18, Sched. 6, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 2 - 21/07/2020
3 This Act applies to, (a)  enterprises or activities or proposals, plans or programs in respect of enterprises or activities by or on behalf of Her Majesty in right of Ontario or by a public body or public bodies or by a municipality or municipalities; (b)  major commercial or business enterprises or activities or proposals, plans or programs in respect of major commercial or business enterprises or activities of a person or persons, other than a person referred to in clause (a), designated by the regulations; (c)  an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity of a person or persons, other than a person or persons referred to in clause (a), if an agreement is entered into under section 3.0.1 in respect of the enterprise, activity, proposal, plan or program.  R.S.O. 1990, c. E.18, s. 3; 2001, c. 9, Sched. G, s. 3 (3); 2020, c. 18, Sched. 6, s. 3 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, section 3 of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 3 (2)) Designation of projects 3 (1) The Lieutenant Governor in Council may make regulations designating projects as projects to which Part II.3 or II.4 apply. 2020, c. 18, Sched. 6, s. 3 (2). Same (2) A regulation under subsection (1) may designate a project or a class of projects. It may also describe a designated project with reference to a proponent or a class of proponents. 2020, c. 18, Sched. 6, s. 3 (2). Same, ancillary activities (3) A project that is designated under subsection (1) includes any enterprise or activity that is ancillary to that project. 2020, c. 18, Sched. 6, s. 3 (2). Same, ancillary project (4) A project that is designated as a Part II.3 project includes any Part II.4 project that is ancillary to the Part II.3 project and that has the same proponent as the Part II.3 project. The Part II.4 project shall be deemed not to be a Part II.4 project for the purposes of this Act. 2020, c. 18, Sched. 6, s. 3 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 3 (3) - 29/06/2001 2020, c. 18, Sched. 6, s. 3 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 3 (2) - not in force
3.0.1 A person, other than a person referred to in clause 3 (a), who carries out, proposes to carry out or is the owner or person having charge, management or control of an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity may enter into a written agreement with the Minister to have this Act apply to the enterprise, activity, proposal, plan or program.  2001, c. 9, Sched. G, s. 3 (4); 2020, c. 18, Sched. 6, s. 4 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, section 3.0.1 of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 4 (2)) Agreement for application of Act 3.0.1 (1) A person who carries out, proposes to carry out or is the owner or person having charge, management or control of a project that is not a designated project may enter into a written agreement with the Minister to have all or part of this Act and of the regulations apply to the project. 2020, c. 18, Sched. 6, s. 4 (2). Deemed Part II.3 or Part II.4 projects (2) If an agreement is entered into under subsection (1) with respect to a project and the agreement provides for Part II.3 or Part II.4 of this Act to apply with respect to the project, that project is deemed to be a Part II.3 project or a Part II.4 project, as the case may be. 2020, c. 18, Sched. 6, s. 4 (2). Deemed Part II.1 projects (3) If an agreement is entered into under subsection (1) with respect to a project and the agreement provides for Part II.1 of this Act to apply with respect to the project, that project is deemed to be an undertaking to which the approved class environmental assessment identified in the agreement applies. 2020, c. 18, Sched. 6, s. 4 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3.0.1 (3) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 4 (3)) Transition, previous agreements (4) An enterprise or activity or a proposal, plan or program is deemed to be a Part II.3 project if, (a)  this Act applied to it by virtue of an agreement made before the day subsection 4 (2) of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force; and (b)  on the day Part II.3 comes into force, no approval had been given under section 9 or 9.1 to proceed with the enterprise or activity or the proposal, plan or program. 2020, c. 18, Sched. 6, s. 4 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 3 (4) - 29/06/2001 2020, c. 18, Sched. 6, s. 4 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 4 (2, 3)
- not in force
3.2 (1) With the approval of the Lieutenant Governor in Council or of such ministers of the Crown as the Lieutenant Governor in Council may designate, the Minister may by order, (a)  declare that this Act, the regulations or a matter provided for under the Act does not apply with respect to a proponent, a class of proponents, an undertaking or a class of undertakings; (b)  suspend or revoke the declaration; (c)  impose conditions on the declaration; or (d)  amend or revoke conditions imposed on the declaration, if the Minister considers that it is in the public interest to do so having regard to the purpose of this Act and weighing it against the injury, damage or interference that might be caused to any person or property by the application of this Act to the undertaking or class.  1996, c. 27, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3.2 (1) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 6 (1)) Declaration (1) Subject to subsection (1.1), the Minister may by order, with the approval of the Lieutenant Governor in Council or of such ministers of the Crown as the Lieutenant Governor in Council may designate, (a)  declare that this Act, the regulations, any provision of this Act or the regulations or any matter provided for under this Act does not apply with respect to an undertaking, class of undertakings, designated project, class of designated projects, person or class of persons; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 3.2 (1) (a) of the Act is amended by striking out “an undertaking, class of undertakings, designated project” and substituting “a designated project”. (See: 2020, c. 18, Sched. 6, s. 6 (2)) (b)  suspend or revoke the declaration; (c)  impose conditions on the declaration; or (d)  amend or revoke conditions imposed on the declaration. 2020, c. 18, Sched. 6, s. 6 (1). Same (1.1) The Minister shall make an order under subsection (1) only if the Minister considers that it is in the public interest to do so having regard to the purpose of this Act and weighing it against the injury, damage or interference that might be caused to any person or property by the application of this Act to the undertaking, class of undertakings, designated project, class of designated projects, person or class of persons. 2020, c. 18, Sched. 6, s. 6 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3.2 (1.1) is amended by striking out “undertaking, class of undertakings”. (See: 2020, c. 18, Sched. 6, s. 6 (3)) Legislation Act, 2006, Part III (2) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to an order made under subsection (1).  1996, c. 27, s. 2; 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 2 - 01/01/1997 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2020, c. 18, Sched. 6, s. 6 (1-3) - not in force
3.3 (1) A traffic calming measure is not an undertaking for the purposes of this Act and cannot be included in the definition of a class for the purposes of this Act.  2006, c. 11, Sched. B, s. 5. Same (2) Sections 3.0.1 and 3.1 do not apply with respect to traffic calming measures.  2006, c. 11, Sched. B, s. 5. Transition (3) If an application, or part of an application, made under a provision of this Act in respect of proposed traffic calming measures is not finally determined before the day on which section 5 of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force, the application or part thereof in respect of traffic calming measures is discontinued on that day.  2006, c. 11, Sched. B, s. 5. Same (4) If any process, or part of a process, in respect of proposed traffic calming measures under an approved class environmental assessment has not been completed before the day on which section 5 of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force, the process or part thereof in respect of the proposed traffic calming measures are discontinued on that day.  2006, c. 11, Sched. B, s. 5. Immunity (5) No damages, amount in lieu of damages or other amount is payable by the Crown, a public body, a municipality or any other person as a result of or relating to the enactment of this section.  2006, c. 11, Sched. B, s. 5. Definition (6) In this section, “traffic calming measures” means physical measures designed to control traffic speeds and to encourage driving behaviour that is appropriate to the environment.  2006, c. 11, Sched. B, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, section 3.3 of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 7) Section Amendments with date in force (d/m/y) 2006, c. 11, Sched. B, s. 5 - 01/01/2007 2020, c. 18, Sched. 6, s. 7 - not in force
4 This Act binds the Crown.  R.S.O. 1990, c. E.18, s. 4.
4.1 Section 21.2 (power to review) of the Statutory Powers Procedure Act does not apply with respect to decisions made under this Act. 2020, c. 18, Sched. 6, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 8 - 21/07/2020
4.2 A decision of the Minister or Director under this Act is not invalid solely on the ground that the decision was not made before the applicable deadline. 2020, c. 18, Sched. 6, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 8 - 21/07/2020 Note: On a day to be named by proclamation of the Lieutenant Governor, Part II of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 20) PART II   ENVIRONMENTAL ASSESSMENTS Application For Approval
5 (1) Every proponent who wishes to proceed with an undertaking shall apply to the Minister for approval to do so.  1996, c. 27, s. 3. Application (2) The application consists of the proposed terms of reference submitted under subsection 6 (1) and the environmental assessment subsequently submitted under subsection 6.2 (1).  1996, c. 27, s. 3. Form, manner of application (2.1) An application shall be submitted to the Minister in the form and manner specified by the Director. 2020, c. 18, Sched. 6, s. 9. Prohibition (3) No person shall proceed with an undertaking unless the Minister gives his or her approval to proceed under section 9 or the Tribunal gives its approval under section 9.1.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Same (4) No person shall proceed with an undertaking in a manner inconsistent with a condition imposed by the Minister or the Tribunal for proceeding with it.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Potential non-compliance (5) A proponent who has received approval to proceed with an undertaking shall promptly notify the Minister if the proponent may not be able to comply with the approval as a result of a change in circumstances.  1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 9 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - not in force
5.1 When preparing proposed terms of reference and an environmental assessment, the proponent shall consult with such persons as may be interested.  1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - not in force
6.1 (1) The proponent shall prepare an environmental assessment for an undertaking in accordance with the approved terms of reference.  1996, c. 27, s. 3. Contents (2) Subject to subsection (3), the environmental assessment must consist of, (a)  a description of the purpose of the undertaking; (b)  a description of and a statement of the rationale for, (i)  the undertaking, (ii)  the alternative methods of carrying out the undertaking, and (iii)  the alternatives to the undertaking; (c)  a description of, (i)  the environment that will be affected or that might reasonably be expected to be affected, directly or indirectly, (ii)  the effects that will be caused or that might reasonably be expected to be caused to the environment, and (iii)  the actions necessary or that may reasonably be expected to be necessary to prevent, change, mitigate or remedy the effects upon or the effects that might reasonably be expected upon the environment, by the undertaking, the alternative methods of carrying out the undertaking and the alternatives to the undertaking; (d)  an evaluation of the advantages and disadvantages to the environment of the undertaking, the alternative methods of carrying out the undertaking and the alternatives to the undertaking; and (e)  a description of any consultation about the undertaking by the proponent and the results of the consultation.  1996, c. 27, s. 3. Exception (3) The approved terms of reference may provide that the environmental assessment consist of information other than that required by subsection (2).  1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - not in force
6.2 (1) The proponent shall submit an environmental assessment for an undertaking to the Ministry.  1996, c. 27, s. 3. Amendment or withdrawal (2) After it is submitted to the Ministry, the proponent may amend or withdraw the environmental assessment at any time before the deadline for completion of the Ministry review of the environmental assessment.  1996, c. 27, s. 3. Same (3) The proponent may amend or withdraw the environmental assessment after the deadline for completion of the Ministry review only upon such conditions as the Minister may by order impose.  1996, c. 27, s. 3. Same (4) The Minister may by order amend or revoke conditions imposed under this section.  1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - not in force
6.3 (1) The proponent shall give public notice of the submission of the environmental assessment and shall do so by the prescribed deadline and in the manner required by the Director.  1996, c. 27, s. 3. Same (2) The public notice must indicate where and when members of the public may inspect the environmental assessment and state that they may give their comments about it to the Ministry.  It must also contain such other information as may be prescribed or as the Director may require.  1996, c. 27, s. 3. Notice to clerk of a municipality (3) The proponent shall give the information contained in the public notice to the clerk of each municipality in which the undertaking is to be carried out and shall do so by the deadline for giving the public notice.  1996, c. 27, s. 3. Notice to other persons (4) The proponent shall give the information contained in the public notice to such other persons as the Director may require and shall do so by the deadline for giving the public notice.  1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - not in force
6.4 (1) Any person may inspect the environmental assessment in the places and at the times set out in the public notice.  1996, c. 27, s. 3. Comments (2) Any person may comment in writing on the undertaking or on the environmental assessment to the Ministry and, if the person wishes the comments to be considered during the preparation of the Ministry review, shall submit the comments by the prescribed deadline.  1996, c. 27, s. 3; 2000, c. 26, Sched. E, s. 2 (4). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (4) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - not in force
6.5 In addition to complying with any requirements under this Act with respect to public notice, a proponent shall make available such information as the Director may require with respect to the application and the undertaking in such form and manner as the Director may require. 2020, c. 18, Sched. 6, s. 11. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 11 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - not in force Ministry Review
7 (1) The Ministry shall prepare a review of the environmental assessment and shall take into account any comments received from members of the public by the deadline prescribed under subsection 6.4 (2).  1996, c. 27, s. 3. Completion date (2) The review must be completed by the prescribed deadline.  1996, c. 27, s. 3. Extension (3) The deadline for completing the review may be extended by the Director for a prescribed reason or for an unusual, unexpected or urgent reason that the Director considers compelling. The Director shall notify such persons as he or she considers appropriate if the deadline is extended. 2020, c. 18, Sched. 6, s. 12 (1). Deficient environmental assessment (4) If the Director considers that the environmental assessment is deficient in relation to the approved terms of reference and the purpose of the Act, the Director may give the proponent a statement describing the deficiencies and shall do so at least 14 days before the deadline for completing the review.  1996, c. 27, s. 3. Remedying deficiencies (5) The proponent may take such steps as are necessary to remedy the deficiencies described in the statement and shall do so within seven days after receiving the statement or such other period as the Director may specify in the statement given under subsection (4).  1996, c. 27, s. 3; 2020, c. 18, Sched. 6, s. 12 (2). Rejection of environmental assessment (6) The Minister may reject the environmental assessment if the Director is not satisfied that the deficiencies have been remedied within the seven-day period or such other period as the Director may specify in the statement given under subsection (4).  1996, c. 27, s. 3; 2020, c. 18, Sched. 6, s. 12 (3). Notice of rejection (7) The Director shall notify the proponent, the clerk of each municipality in which the undertaking is to be carried out and the public if the Minister rejects the environmental assessment, and shall do so before the deadline for completing the review.  1996, c. 27, s. 3; 2000, c. 26, Sched. E, s. 2 (5). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (5) - 06/12/2000 2020, c. 18, Sched. 6, s. 12 (1-3) - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - not in force
7.1 (1) The Director shall notify the proponent and the clerk of each municipality in which the undertaking is to be carried out when the Ministry review is completed.  1996, c. 27, s. 3. Public notice (2) The Director shall give public notice of the completion of the review in the manner the Director considers suitable.  1996, c. 27, s. 3. Same (3) The public notice must indicate where and when members of the public may inspect the review and state that they may give their comments about it to the Ministry.  It must also contain such other information as may be prescribed.  1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - not in force
7.2 (1) Any person may inspect the Ministry review in the places and at the times set out in the public notice.  1996, c. 27, s. 3. Comments (2) Any person may comment in writing on the undertaking, the environmental assessment and the review to the Ministry and, if the person wishes the comments to be considered when the Minister decides the proponent’s application, shall submit the comments by the prescribed deadline.  1996, c. 27, s. 3. Request for hearing (3) Any person may request that the Minister refer the proponent’s application or a matter that relates to it to the Tribunal for hearing and decision.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Same (4) A request under subsection (3) must be made in writing to the Ministry before the deadline for submitting comments on the review.  1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - not in force Decisions on the Application
8 (1) Before the application is decided, the Minister may appoint one or more persons to act as mediators who shall endeavour to resolve such matters as may be identified by the Minister as being in dispute or of concern in connection with the undertaking.  1996, c. 27, s. 3. Same (2) The Minister may appoint the Tribunal to act as mediator.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Notice of mediation (3) The Minister shall notify the following persons of his or her decision to refer certain matters to mediation and shall give them written reasons for the decision: 1.  The proponent. 2.  The clerk of each municipality in which the undertaking is to be carried out. 3.  Every person who submitted comments under subsection 6.4 (2) or 7.2 (2). 4.  Such other persons as the Minister considers appropriate.  1996, c. 27, s. 3. Parties (4) The parties to the mediation are the proponent and such other persons as the Minister may identify.  Instead of identifying parties by name, the Minister may determine the manner in which they are to be identified and invited to participate.  1996, c. 27, s. 3. Closed proceedings (5) Unless the mediators decide otherwise, the mediation is not open to the public.  1996, c. 27, s. 3. Report (6) The mediators shall give the Minister a written report on the conduct and results of the mediation.  1996, c. 27, s. 3. Deadline (7) The mediators shall give their report to the Minister within 60 days after their appointment or by such earlier deadline as the Minister may specify.  1996, c. 27, s. 3. Confidentiality (8) No person except the Minister shall make public any portion of the report.  1996, c. 27, s. 3. Disclosure (9) The Minister shall make the report public promptly after the Minister makes his or her decision under section 9 or the decision of the Tribunal under section 9.1 becomes effective.  The Minister may make all or part of the report public before then only with the consent of the parties to the mediation.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Fees and expenses (10) The proponent shall pay the fees and reasonable expenses of the mediators.  1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - not in force
9.1 (1) The Minister may refer an application to the Tribunal for a decision.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Powers of the Tribunal (2) The Tribunal may make any decision the Minister is permitted to make under subsection 9 (1).  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Basis for decision (3) The Tribunal shall consider the following things when deciding an application: 1.  The purpose of the Act. 2.  The approved terms of reference for the environmental assessment. 3.  The environmental assessment. 4.  The Ministry review of the environmental assessment. 5.  The comments submitted under subsections 6.4 (2) and 7.2 (2). 6.  If a mediators’ report has been given to the Minister under section 8, any portion of the report that has been made public.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Same (4) The decision of the Tribunal must be consistent with the approved terms of reference for the environmental assessment.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Deadline (5) The Tribunal shall make its decision by the deadline the Minister specifies or by such later date as the Minister may permit if he or she considers that there is a sufficient reason (which is unusual, urgent or compassionate) for doing so.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - not in force
9.2 (1) The Minister may refer to the Tribunal for hearing and decision a matter that relates to an application.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Restrictions (2) The Minister may give such directions or impose such conditions on the referral as the Minister considers appropriate and may amend the referral.  1996, c. 27, s. 3. Proposed decision (3) The Minister shall inform the Tribunal of decisions that the Minister proposes to make on matters not referred to the Tribunal in connection with the application.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Notice of referral (4) The Minister shall give notice of the referral to the proponent and to every person who submitted comments to the Ministry under subsection 7.2 (2) and shall give them the information given to the Tribunal under subsection (3).  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Basis for decision (5) The Tribunal shall observe any directions given and conditions imposed by the Minister when referring the matter to the Tribunal and shall consider the following things to the extent that the Tribunal considers them relevant: 1.  The purpose of the Act. 2.  The approved terms of reference for the environmental assessment. 3.  The Ministry review of the environmental assessment. 4.  The comments submitted under subsections 6.4 (2) and 7.2 (2). 5.  If a mediators’ report has been given to the Minister under section 8, any portion of the report that has been made public. 6.  The decisions the Minister proposes to make on matters not referred to the Tribunal in connection with the application.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Deadline for deciding (6) The Tribunal shall make its decision by the deadline the Minister specifies or by such later date as the Minister may permit if he or she considers that there is a sufficient reason (which is unusual, urgent or compassionate) for doing so.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - not in force
9.3 (1) This section applies if under subsection 7.2 (3) a person requests the Minister to refer an application or a matter that relates to one to the Tribunal for hearing and decision.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Referral of application (2) If referral of the application is requested, the Minister shall refer the application to the Tribunal under section 9.1 unless in his or her absolute discretion, (a)  the Minister considers the request to be frivolous or vexatious; (b)  the Minister considers a hearing to be unnecessary; or (c)  the Minister considers that a hearing may cause undue delay in determining the application.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Same, related matter (3) If referral of a matter that relates to the application is requested, the Minister shall refer the matter to the Tribunal under section 9.2 except in the circumstances described in subsection (2).  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Referral in part (4) Despite subsection (2) or (3), if referral of an application or of matters relating to the application is requested but the Minister considers a hearing to be appropriate in respect of only some matters, the Minister shall refer those matters to the Tribunal under section 9.2.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - not in force
10 (1) Once the deadline has passed for submitting comments on the Ministry review of an environmental assessment, the Minister shall determine by the prescribed deadline whether to refer a matter in connection with the application to mediation or to the Tribunal under section 9.2.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Same (2) By the prescribed deadline, the Minister shall decide the application under section 9 or refer it to the Tribunal for a decision under section 9.1.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Different deadlines (3) For the purpose of subsection (2), different deadlines may be prescribed for applications in which a matter is referred, (a)  to mediation; or (b)  to the Tribunal under section 9.2, and for those in which no referral is made.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). (4) Repealed: 2020, c. 18, Sched. 6, s. 14. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 14 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - not in force
11 (1) The Minister may refer to a tribunal (other than the Ontario Land Tribunal) or an entity for decision a matter that relates to an application if he or she considers it appropriate in the circumstances.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (3); 2021, c. 4, Sched. 6, s. 44 (1). Deadline for referring (2) The Minister shall make any decision to refer a matter to the tribunal or entity by the deadline by which the application must otherwise be decided.  1996, c. 27, s. 3. Restrictions (3) The Minister may give such directions or impose such conditions on the referral as the Minister considers appropriate and may direct that the matter be decided without a hearing, whether or not a hearing on the matter is otherwise required.  1996, c. 27, s. 3. Same (4) If the Minister refers a matter under this section, the Minister shall refer it to the tribunal or entity, if any, that is authorized under another Act to decide such matters.  However, the Minister is not required to select that tribunal or entity if he or she has a reason not to.  1996, c. 27, s. 3. Amendment (5) The Minister may amend a referral to the tribunal or entity.  1996, c. 27, s. 3. Deemed decision (6) A decision of the tribunal or entity under this section shall be deemed to be a decision of the Minister.  1996, c. 27, s. 3. Referral by Tribunal (7) The Tribunal may refer to another tribunal or entity for decision a matter that relates to an application and subsections (1) to (6) apply with necessary modifications with respect to the referral.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (4). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (3, 4) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - not in force 2021, c. 4, Sched. 6, s. 44 (1) - 01/06/2021
11.1 (1) The Minister may defer deciding a matter that relates to an application if the Minister considers it appropriate to do so because the matter is being considered in another forum or for scientific, technical or other reasons.  1996, c. 27, s. 3. Same, Tribunal (2) The Tribunal may defer deciding a matter that relates to an application if the Tribunal considers it appropriate to do so because the matter is being considered in another forum or for scientific, technical or other reasons.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Deadline (3) The Minister or the Tribunal shall make any decision to defer deciding a matter by the deadline by which the application must otherwise be decided.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Notice of deferral (4) The Minister or the Tribunal shall give notice of the deferral to the proponent and to every person who submitted comments to the Ministry under subsection 7.2 (2).  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Reasons (5) The Minister or the Tribunal shall give written reasons for a deferral, indicating why the deferral is appropriate in the circumstances.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - not in force
11.2 (1) The Minister may review a decision of the Tribunal under section 9.1 and may make an order or give a notice described in subsection (2) within 28 days after he or she receives a copy of the decision or within such longer period as the Minister may determine within that 28-day period.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Same; s. 9.2 (1.1) The Minister may review a decision of the Tribunal under section 9.2 and may make an order or give a notice described in subsection (2) at any time before the Minister decides the application under section 9.  2000, c. 26, Sched. E, s. 2 (6). Order (2) With the approval of the Lieutenant Governor in Council or such ministers of the Crown as the Lieutenant Governor in Council may designate, the Minister may, (a)  by order, vary the decision of the Tribunal; (b)  by order, substitute his or her decision for the decision of the Tribunal; or (c)  by a notice to the Tribunal, (i)  require the Tribunal to hold a new hearing respecting all or part of the application and reconsider its decision, if the notice is given under subsection (1), or (ii)  require the Tribunal to hold a new hearing respecting all or part of the matter referred to the Tribunal under section 9.2 and reconsider its decision, if the notice is given under subsection (1.1).  1996, c. 27, s. 3; 2000, c. 26, Sched. E, s. 2 (7); 2000, c. 26, Sched. F, s. 11 (6). Same (2.1) If the Minister reviews under subsection (1) a decision of the Tribunal made under section 9.1 and then, with the approval of the Lieutenant Governor in Council or of such ministers of the Crown as the Lieutenant Governor in Council may designate, makes an order under clause (2) (a) or (b), the varied or substituted decision is deemed to be the decision made by the Minister, with the necessary approval, under section 9. 2020, c. 18, Sched. 6, s. 15. Notice of order, etc. (3) The Minister shall notify the persons who were given a copy of the Tribunal’s decision, (a)  that the Minister has made an order or given a notice described in subsection (2); or (b)  that the Minister intends to do so within the period specified in the notice.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Copy of order, etc. (4) The Minister shall give a copy of his or her order or notice under subsection (2), together with the reasons for it, to the persons who were given a copy of the Tribunal’s decision.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (6, 7) - 06/12/2000; 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 15 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - not in force
11.3 A decision of the Tribunal is effective only after the expiry of the period under section 11.2 during which the Minister may review it and make an order or give a notice in respect of it.  1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - not in force
12 If a proponent wishes to change an undertaking after receiving approval to proceed with it, other than a change in the undertaking that is addressed in a condition mentioned in subclause 9 (1) (b) (iv.1), the proposed change to the undertaking shall be deemed to be an undertaking for the purposes of this Act. 2020, c. 18, Sched. 6, s. 18. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 18 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - not in force
12.1 (1) A proponent may submit a second environmental assessment to replace an environmental assessment withdrawn by the proponent or rejected by the Minister.  1996, c. 27, s. 3. Same (2) The second environmental assessment must be prepared in accordance with the approved terms of reference.  1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - not in force
12.2 (1) Before a proponent receives approval to proceed with an undertaking, a person may, (a)  take any action in connection with the undertaking that may be necessary to comply with this Act; (b)  acquire property or rights in property in connection with the undertaking; (c)  prepare a feasibility study and engage in research in connection with the undertaking; (d)  establish a reserve fund or another financing mechanism in connection with the undertaking.  1996, c. 27, s. 3. Restriction on issuing certain documents (2) No person shall issue a document evidencing that an authorization required at law to proceed with the undertaking has been given until the proponent receives approval under this Act to proceed with the undertaking.  1996, c. 27, s. 3. Exception (3) Despite subsection (2), a document described in that subsection may be issued with respect to an activity permitted by subsection (1) before the proponent receives the approval.  1996, c. 27, s. 3. Restriction on provincial funding (4) The Crown or a Crown agency shall not give a loan, grant, subsidy or guarantee with respect to the undertaking until the proponent receives approval to proceed with the undertaking.  1996, c. 27, s. 3; 2020, c. 18, Sched. 6, s. 19 (1). Exception (5) Despite subsection (4), a loan, grant, subsidy or guarantee described in that subsection may be given with respect to an activity permitted by subsection (1) before the proponent receives the approval.  1996, c. 27, s. 3; 2020, c. 18, Sched. 6, s. 19 (2). Prohibition following approval (6) No person shall issue a document described in subsection (2) or give a loan, grant, subsidy or guarantee described in subsection (4) with respect to an undertaking if it would be inconsistent with a condition imposed upon the approval to proceed with the undertaking.  1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 19 (1, 2) - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - not in force
12.3 An approval to proceed with an undertaking does not preclude a proceeding for a contravention of the Environmental Protection Act or the Ontario Water Resources Act or a regulation made under either Act.  1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - not in force
12.4 (1) Subject to subsection (4), this Part, as it read immediately before the coming into force of section 3 of the Environmental Assessment and Consultation Improvement Act, 1996, continues to apply with respect to the following: 1.  An environmental assessment submitted before the coming into force of section 3 of that Act. 2.  Subject to subsection (2), an environmental assessment submitted within one year after section 3 of that Act comes into force.  1996, c. 27, s. 3; 2019, c. 9, Sched. 6, s. 3 (1). Election (2) A proponent who wishes the predecessor Part to apply shall notify the Ministry in writing when submitting the environmental assessment.  1996, c. 27, s. 3. Same (3) Despite subsection (1), the Minister may by order direct that all or any portion of this Part or Part II.1, as they read after section 3 of the Environmental Assessment and Consultation Improvement Act, 1996 comes into force, apply with respect to an environmental assessment described in subsection (1).  1996, c. 27, s. 3. Application of s. 11.4 (4) Despite subsection (1), a notification given under subsection (2) or any order made under subsection (3), section 11.4 applies in respect of an environmental assessment to which all or part of the predecessor Part applied and such an environmental assessment is deemed to be an application for the purpose of section 11.4. 2019, c. 9, Sched. 6, s. 3 (2). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2019, c. 9, Sched. 6, s. 3 (1, 2) - 06/06/2019 2020, c. 18, Sched. 6, s. 20 - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, Part II.1 of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 26) PART II.1   CLASS ENVIRONMENTAL ASSESSMENTS
13 On and after the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent, no application for approval of a class environmental assessment shall be submitted and any application in respect of which no approval has been given under this Part before that day shall be terminated. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020, 2020, c. 18, Sched. 6, s. 26 - not in force 13.1 Repealed:
2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020 13.2 Repealed:
2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2001, c. 9, Sched. G, s. 3 (5) - 29/06/2001 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020
14 In this Part, “change to an undertaking” means a change to an undertaking that is proposed after the undertaking is authorized to proceed under an approved class environmental assessment and is provided for in the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2019, c. 9, Sched. 6, s. 4 - 06/06/2019 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force
15 Sections 15.1 to 17 apply in respect of undertakings to which one of the following approved class environmental assessments, as amended or renamed from time to time, applies: 1.  GO Transit Class Environmental Assessment Document approved by the Lieutenant Governor in Council on December 13, 1995 under Order in Council 2316/1995. 2.  Class Environmental Assessment for Provincial Transportation Facilities approved by the Lieutenant Governor in Council on October 6, 1999 under Order in Council 1653/1999. 3.  Municipal Class Environmental Assessment approved by the Lieutenant Governor in Council on October 4, 2000 under Order in Council 1923/2000. 4.  Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects approved by the Lieutenant Governor in Council on December 11, 2002 under Order in Council 2211/2002. 5.  Class Environmental Assessment for Remedial Flood and Erosion Control Projects approved by the Lieutenant Governor in Council on June 26, 2002 under Order in Council 1381/2002. 6.  Class Environmental Assessment Process for Management Board Secretariat and Ontario Realty Corporation approved by the Lieutenant Governor in Council on April 28, 2004 under Order in Council 913/2004. 7.  Class Environmental Assessment for Provincial Parks and Conservation Reserves approved by the Lieutenant Governor in Council on September 23, 2004 under Order in Council 1900/2004. 8.  Class Environmental Assessment for Waterpower Projects approved by the Lieutenant Governor in Council on September 24, 2008 under Order in Council 1623/2008. 9.  Class Environmental Assessment for Activities of the Ministry of Northern Development and Mines under the Mining Act approved by the Lieutenant Governor in Council on December 12, 2012 under Order in Council 1952/2012. 10.  Class Environmental Assessment for Minor Transmission Facilities of Hydro One approved by the Lieutenant Governor in Council on November 16, 2016 under Order in Council 1726/2016. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force
15.1 (1) The proponent of an undertaking referred to in section 15 who issues a notice of completion or a notice of addendum under an approved class environmental assessment shall submit a copy of the notice to the Director in the manner specified by the Director. 2020, c. 18, Sched. 6, s. 21 (1). (2) Repealed: 2023, c. 5, Sched. 1, s. 1. Extension of comment period (3) If a proponent of an undertaking referred to in section 15 extends the comment period provided for in a notice of completion or a notice of addendum in accordance with the approved class environmental assessment, the proponent shall give the Director notice of the extension. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force 2023, c. 5, Sched. 1, s. 1 - 18/05/2023
15.1.2 (1) Before a proponent is authorized to proceed with an undertaking referred to in section 15, a person may, (a)  take any action in connection with the undertaking that may be necessary to comply with this Act; (b)  acquire property or rights in property in connection with the undertaking; (c)  prepare a feasibility study and engage in research in connection with the undertaking; or (d)  establish a reserve fund or another financing mechanism in connection with the undertaking. 2020, c. 18, Sched. 6, s. 21 (1). Restriction on issuing certain documents (2) No person shall issue a document evidencing that an authorization required at law to proceed with the undertaking has been given until the proponent is authorized to proceed with the undertaking under an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Exception (3) Despite subsection (2), a document described in that subsection may be issued with respect to an activity permitted by subsection (1) before the proponent is authorized to proceed with the undertaking under an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Restriction on provincial funding (4) The Crown or a Crown agency shall not give a loan, grant, subsidy or guarantee with respect to the undertaking until the proponent is authorized to proceed with the undertaking under an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Exception (5) Despite subsection (4), a loan, grant, subsidy or guarantee described in that subsection may be given with respect to an activity permitted by subsection (1) before the proponent is authorized to proceed with the undertaking under an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Prohibition following approval (6) No person shall issue a document described in subsection (2) or give a loan, grant, subsidy or guarantee described in subsection (4) with respect to an undertaking if it would be inconsistent with the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force