20 (1) In this section, “implementation decision” means a decision whether or not to implement a proposal for an instrument.  1993, c. 28, s. 20 (1). Steps to develop regulation to classify instrument proposals (2) In developing a proposal under section 19 for a regulation to classify proposals for instruments as Class I, II or III proposals, the minister shall take the following steps: 1.  Review all Acts prescribed for the purposes of section 16 and administered by the minister for the ministry and list all provisions of those Acts that permit implementation decisions to be made. 2.  Exclude from the list compiled in step 1 all provisions that permit implementation decisions to be made on review of or appeal from an earlier implementation decision made under an Act. 3.  Consider each provision remaining on the list after step 2 to identify the provisions under which an implementation decision could be made that could have a significant effect on the environment. 4.  Consider each provision identified in step 3 and identify and describe each type of proposal for an instrument about which an implementation decision could be made under the provision that the minister considers should be classified as a Class I, II or III type of proposal because of the potential for implementation decisions about proposals of that type to have a significant effect on the environment. 5.  In determining whether a decision could have a significant effect on the environment for the purposes of steps 3 and 4, consider, i.  the extent and nature of the measures that might be required to mitigate or prevent any harm to the environment that could result from the decision, ii.  the geographic extent, whether local, regional or provincial, of any harm to the environment that could result from the decision, iii.  the nature of the private and public interests, including governmental interests, involved in the decision, and iv.  any other matter that the minister considers relevant. 6.  Classify each type of proposal for an instrument identified in step 4 as a Class I, II or III type of proposal, in accordance with steps 7 to 10. 7.  Classify a type of proposal as a Class II type of proposal if the minister considers that the public notice and public participation requirements of sections 23 to 25 ought to apply to it because of the level of risk and extent of potential harm to the environment involved. 8.  Classify a type of proposal as a Class II type of proposal if an Act provides for the exercise of discretion on whether a hearing should be held before an implementation decision is made on a proposal of the type, but does not require the hearing to be held if the discretion is not exercised. 9.  Classify a type of proposal as a Class III type of proposal if an Act requires hearings to be held to determine whether or not proposals of the type should be implemented, even if the Act provides for the exercise of discretion not to hold a hearing. 10.  Classify a type of proposal for an instrument as a Class I type of proposal if it has not been classified as a Class II or III type of proposal in steps 7 to 9. 11.  Prepare a proposal for a regulation that would classify proposals of each type identified in step 4 as Class I, II or III proposals in accordance with steps 7 to 10.  1993, c. 28, s. 20 (2).