32 (1) Section 22 does not apply where, in the minister’s opinion, the issuance, amendment or revocation of an instrument would be a step towards implementing an undertaking or other project approved by, (a)  a decision made by a tribunal under an Act after affording an opportunity for public participation; or (b)  a decision made under the Environmental Assessment Act.  1993, c. 28, s. 32 (1). Same (2) Section 22 does not apply where, in the minister’s opinion, the issuance, amendment or revocation of an instrument would be a step towards implementing an undertaking that has been exempted from the Environmental Assessment Act, (a)  by a regulation made under that Act; or (b)  under section 15.3 of that Act. 2020. c. 18, Sched. 6, s. 51 (1). Same (3) A decision about a class of undertaking is a decision within the meaning of subsection (1) and an exemption for a class of undertaking is an exemption within the meaning of subsection (2).  1993, c. 28, s. 32 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, section 32 of the Act is repealed and the following substituted: (See: 2020. c. 18, Sched. 6, s. 51 (2)) Exception: instruments in accordance with statutory decisions 32 (1) Section 22 does not apply to a proposal to issue, amend or revoke an instrument where, in the minister’s opinion, the issuance, amendment or revocation of the instrument would be a step towards implementing an undertaking or a project that, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 32 (1) of the Act is amended by striking out “an undertaking or” in the portion before clause (a) (See: 2020. c. 18, Sched. 6, s. 51 (3)) (a)  has been approved by a decision made by a tribunal under an Act after affording an opportunity for public participation; (b)  has been approved to proceed by a decision made under the Environmental Assessment Act; or (c)  has satisfied the prescribed requirements for commencing the Part II.4 project under Part II.4 of the Environmental Assessment Act. 2020. c. 18, Sched. 6, s. 51 (2). Same (2) Section 22 does not apply to a proposal to issue, amend or revoke an instrument where, in the minister’s opinion, the issuance, amendment or revocation of the instrument would be a step towards implementing an undertaking or a project, (a)  that has been exempted from the Environmental Assessment Act by a regulation made under that Act; or (b)  that has been exempted from the Environmental Assessment Act pursuant to section 15.3 of that Act. 2020. c. 18, Sched. 6, s. 51 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 32 (2) of the Act is repealed and the following substituted: (See: 2020. c. 18, Sched. 6, s. 51 (4)) Same (2) Section 22 does not apply to a proposal to issue, amend or revoke an instrument where, in the minister’s opinion, the issuance, amendment or revocation of the instrument would be a step towards implementing a project that has been exempted from the Environmental Assessment Act by a regulation made under that Act. 2020. c. 18, Sched. 6, s. 51 (4). Same (3) A decision about a class of undertakings or a class of projects is a decision about each undertaking or project in the class for the purposes of clause (1) (a) or (b). 2020. c. 18, Sched. 6, s. 51 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 32 (3) of the Act is repealed and the following substituted: (See: 2020. c. 18, Sched. 6, s. 51 (5)) Same (3) A decision about a class of projects is a decision about each project in the class for the purposes of clause (1) (a). 2020. c. 18, Sched. 6, s. 51 (5). Same (4) An exemption of a class of undertakings or class of projects under the Environmental Assessment Act is an exemption of each undertaking or project in the class for the purposes of subsection (2). 2020. c. 18, Sched. 6, s. 51 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 32 (4) of the Act is repealed and the following substituted: (See: 2020. c. 18, Sched. 6, s. 51 (6)) Same (4) An exemption of a class of projects under the Environmental Assessment Act
is an exemption of each project in the class for the purposes of subsection (2). 2020. c. 18, Sched. 6, s. 51 (6). Transition (5) Subsection (2), as it read on the day before the day subsection 51 (4) of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 came into force, continues to apply to a proposal to issue, amend or revoke an instrument on or after that day where, in the Minister’s opinion, the issuance, amendment or revocation of the instrument would be a step in implementing an undertaking that, before the day Part II.1 of the Environmental Assessment Act
was repealed by section 26 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020, (a)  was an undertaking within the meaning of the Environmental Assessment Act; (b)  was exempted from the Environmental Assessment Act by a regulation made under that Act or pursuant to section 15.3 of that Act; and (c)  had commenced proceeding. 2020. c. 18, Sched. 6, s. 51 (6). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 51 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 51 (2-6) - not in force