jswizzle3737/ontario_laws_and_regs huggingface dataset:
PART I INTERPRETATION
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PART I.1 APPLICATION — RENEWABLE ENERGY GENERATION FACILITIES
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Application
 1.1 (1) This Regulation does not apply in respect of a waste disposal site that is a renewable energy generation facility.  O. Reg. 361/09, s. 2. (2) Despite subsection (1), this Regulation applies in respect of an undertaking designated under this Regulation that is a waste disposal site that is a renewable energy generation facility if, (a)  on a day before the day that subsection 4 (1) of Schedule G to the Green Energy and Green Economy Act, 2009 comes into force, (i)  the proponent was authorized under Part II or II.1 of the Act to proceed with the undertaking, (ii)  a notice of completion was issued or published by the proponent in respect of the undertaking and the proponent of the undertaking entered into a power purchase agreement with the Ontario Power Authority in respect of the supply of renewable energy from the undertaking, or (iii)  a statement of completion was filed with the Director of the Environmental Assessment and Approvals Branch in respect of the undertaking and all of the approvals, permits and other instruments mentioned in subsection 47.3 (1) of the Environmental Protection Act that are required to construct, install, operate or use the facility have been obtained; (b)  the facility has a name plate capacity of less than or equal to 500 kW and on an annual basis, less than 90 per cent of the electricity generated at the facility is generated from a renewable energy source; (c)  the facility has a name plate capacity of greater than 500 kW and on an annual basis, less than 95 per cent of the electricity generated at the facility is generated from a renewable energy source; (d)  the facility, (i)  changes or was changed from a generation facility that uses or used coal as its primary power source, and (ii)  has a name plate capacity of greater than 500 kW and on an annual basis, generates at least 95 per cent of its electricity from biomass within the meaning of Ontario Regulation 160/99 (Definitions and Exemptions) made under the Electricity Act, 1998; (d.1)  the facility is a thermal treatment facility as described in paragraph 12 of subsection 9 (1) of Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act) made under the Environmental Protection Act; or (e)  the undertaking consists of the changing of a facility mentioned in clause (a), (b), (c), (d) or (d.1). O. Reg. 361/09, s. 2; O. Reg. 129/14, s. 2; O. Reg. 277/21, s. 1. part ii   designation of undertakings — environmental assessment under part ii of act
PART II DESIGNATION OF UNDERTAKINGS — ENVIRONMENTAL ASSESSMENT UNDER PART II OF ACT
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Establishment of site
 2. The establishing of any of the following waste disposal sites is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies: 1.  A landfilling site or dump with a total waste disposal volume of more than 100,000 cubic metres. 2.  A Class A thermal treatment site unless, i.  the site is located at a commercial, industrial or manufacturing facility, ii.  the primary purpose of the facility is not the management of municipal waste, hazardous waste, liquid industrial waste or any other kind of waste, iii.  more than 100 tonnes of waste are received at the facility per day, and iv.  of the energy or fuel generated by thermal treatment at the site that is used, A.  all of the energy or fuel is used at the facility, and B.  not all of the energy or fuel is used to dispose of waste. 3.  A Class B thermal treatment site if the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 10 tonnes. 4.  A Class D thermal treatment site, if, i.  the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 100 tonnes, and ii.  the annual recovery rate calculated under subsection 1 (4) in respect of thermal treatment at the site is less than 70 per cent. 5.  A Class D thermal treatment site, if, i.  the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 1,000 tonnes, and ii.  the annual recovery rate calculated under subsection 1 (4) in respect of thermal treatment at the site is equal to or greater than 70 per cent. 6.  A waste disposal site at which hazardous waste or liquid industrial waste is finally disposed of. O. Reg. 389/22, s. 2.
Change that results in site described in s. 2
 3. (1) A change to a waste disposal site that is not described in section 2 that would result in it becoming a waste disposal site described in that section is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies.  O. Reg. 101/07, s. 3 (1); O. Reg. 389/22, s. 3. (2) Subsection (1) does not apply to a change to a landfilling site or dump, if, (a)  the change would result in the landfilling site or dump becoming a landfilling site or dump with a total waste disposal volume of more than 100,000 cubic metres; and (b)  the total waste disposal volume of the landfilling site or dump after the change would exceed by 100,000 cubic metres or less the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change.  O. Reg. 101/07, s. 3 (2).
Change to landfilling site or dump, increase in total waste disposal volume
 4. (1) A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if the total waste disposal volume of the landfilling site or dump after the change would exceed the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change by more than 375,000 cubic metres. O. Reg. 243/23, s. 1. (2) A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if the following criteria are met: 1.  The total waste disposal volume of the landfilling site or dump after the change would exceed the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change by more than 100,000 cubic metres but by less than or equal to 375,000 cubic metres. 2.  The change is not defined as a major commercial or business enterprise or activity and designated as an undertaking to which the Act applies under subsection 13 (2). O. Reg. 243/23, s. 1.
Change to landfilling site or dump, excavation of waste
 5. A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if, (a)  the change involves the excavation of waste that was previously disposed of at the landfilling site or dump; and (b)  the excavation would increase by more than 100,000 cubic metres the amount of waste that could be deposited at the landfilling site or dump without any increase in the total waste disposal volume that the landfilling site or dump is authorized to have under the Environmental Protection Act.  O. Reg. 101/07, s. 5.
Change to landfilling site or dump, hazardous waste or liquid industrial waste
 6. A change to a landfilling site or dump at which hazardous waste or liquid industrial waste is finally disposed of is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if, (a)  the total waste disposal volume of the landfilling site or dump after the change would exceed the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change; or (b)  the change involves the excavation of waste that was previously disposed of at the landfilling site or dump.  O. Reg. 101/07, s. 6.
Change to thermal treatment site, type of thermal treatment site
 7. (1) A change to a thermal treatment site described in a paragraph of section 2 is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if, after the change, the thermal treatment site would be a thermal treatment site described in a different paragraph of that section. O. Reg. 389/22, s. 4. (2) For greater certainty, a change to a thermal treatment site described in a paragraph of section 2 includes a change to a thermal treatment site described in paragraph 6 of that section at which hazardous waste or liquid industrial waste is finally disposed of. O. Reg. 389/22, s. 4.
Change to thermal treatment site, increase in amount of waste
 8. A change to a thermal treatment site described in section 2, including a change to a thermal treatment site described in paragraph 6 of that section at which hazardous waste or liquid industrial waste is finally disposed of, is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if the amount of waste that would be subject to thermal treatment at the site on any day after the change would exceed the amount of waste that was authorized under the Environmental Protection Act to be subject to thermal treatment at the site before the change. O. Reg. 389/22, s. 4.
Exceptions
 9. (1) Despite sections 2 to 8, the establishing or changing of a waste disposal site is not designated under this Part as an undertaking to which the Act applies if, (a)  pursuant to the regulations made under the Environmental Protection Act, the establishing or changing of the site is exempt from section 27 of that Act; or (b)  pursuant to the regulations made under the Ontario Water Resources Act, the establishing or changing of the site is exempt from section 53 of that Act.  O. Reg. 101/07, s. 9 (1). (2) For greater certainty, nothing in this Part designates the acquisition or disposition of a waste disposal site or a change in the owner or person having charge, management or control of a waste disposal site as an undertaking to which the Act applies.  O. Reg. 101/07, s. 9 (2). part iii   designation of undertakings — environmental screening process available
PART III DESIGNATION OF UNDERTAKINGS — ENVIRONMENTAL SCREENING PROCESS AVAILABLE
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Environmental Screening Process
 10. (1) An undertaking that is designated under this Part as an undertaking to which the Act applies is exempt from Part II of the Act if the undertaking is carried out in accordance with the Environmental Screening Process for Waste Management Projects.  O. Reg. 101/07, s. 10 (1). (2) Revoked: O. Reg. 243/23, s. 2 (1). (3) Subsection (1) ceases to apply to an undertaking if, in accordance with the Environmental Screening Process for Waste Management Projects, the Minister gives the proponent a notice to prepare an environmental assessment.  O. Reg. 101/07, s. 10 (3); O. Reg. 243/23, s. 2 (2). (4) Revoked: O. Reg. 243/23, s. 2 (3). (5) If, pursuant to subsection (1), Part II of the Act does not apply to an undertaking and proceeding with the undertaking conflicts with a condition imposed by an approval under the Act that applies to another undertaking, subsections 5 (4) and 12.2 (6) and section 38 of the Act do not apply to the condition to the extent of the conflict.  O. Reg. 101/07, s. 10 (5).
Establishment of site
 11. The establishing of any of the following waste disposal sites is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies: 1.  A landfilling site or dump with a total waste disposal volume of 40,000 cubic metres or more but not more than 100,000 cubic metres. 2.  A Class A thermal treatment site if it satisfies the criteria set out in subparagraphs 2 i to iv of section 2. 3.  A Class B thermal treatment site if the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is less than or equal to 10 tonnes. 4.  A Class C thermal treatment site. 5.  A Class D thermal treatment site, if, i.  the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 10 tonnes but less than or equal to 100 tonnes, and ii.  the annual recovery rate calculated under subsection 1 (4) in respect of thermal treatment at the site is less than 70 per cent. 6.  A Class D thermal treatment site, if, i.  the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 100 tonnes but less than or equal to 1,000 tonnes, and ii.  the annual recovery rate calculated under subsection 1 (4) in respect of thermal treatment at the site is equal to or greater than 70 per cent. 7.  A waste disposal site at which waste is handled, treated or processed, if, on an annual basis, an average of more than 1,000 tonnes of waste per day is transferred from the site for final disposal. O. Reg. 389/22, s. 5.
Change that results in site described in s. 11
 12. (1) A change to a waste disposal site that is not described in section 11 that would result in it becoming a waste disposal site described in that section is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies. O. Reg. 389/22, s. 6. (2) Subsection (1) does not apply to a change to a landfilling site or dump, if, (a)  the change would result in the landfilling site or dump becoming a landfilling site or dump with a total waste disposal volume of 40,000 cubic metres or more but not more than 100,000 cubic metres; and (b)  the total waste disposal volume of the landfilling site or dump after the change would exceed by less than 40,000 cubic metres the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change.  O. Reg. 101/07, s. 12 (2).
Change to landfilling site or dump, increase in total waste disposal volume
 13. (1) A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if the total waste disposal volume of the landfilling site or dump after the change would exceed by 40,000 cubic metres or more but not more than 100,000 cubic metres the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change. O. Reg. 101/07, s. 13. (2) A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if the change meets the following criteria: 1.  The total waste disposal volume of the landfilling site or dump after the change would exceed the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change by more than 100,000 cubic metres but by less than or equal to 375,000 cubic metres. 2.  The increase in the total waste disposal volume of the landfilling site or dump would not exceed 25 per cent of the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act
before the change. 3.  If a notice of completion under the Environmental Screening Process for Waste Management Projects has been submitted to the Ministry in respect of a previous change to the landfilling site or dump that meets the criteria in paragraphs 1 and 2, the day on which the notice of commencement is issued under the Environmental Screening Process for Waste Management Projects in respect of the change is at least 10 years after the day the notice of completion in respect of the previous change was submitted. O. Reg. 243/23, s. 3.
Change to landfilling site or dump, excavation of waste
 14. A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if, (a)  the change involves the excavation of waste that was previously disposed of at the landfilling site or dump; and (b)  the excavation would increase by 40,000 cubic metres or more but not more than 100,000 cubic metres the amount of waste that could be deposited at the landfilling site or dump without any increase in the total waste disposal volume that the landfilling site is authorized to have under the Environmental Protection Act.  O. Reg. 101/07, s. 14.
Change to landfilling site or dump, increase in rate of fill
 15. A change to a landfilling site or dump described in paragraph 1 of section 2 or paragraph 1 of section 11, or to a landfilling site or dump that is a waste disposal site described in paragraph 6 of section 2, is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if the rate at which the landfilling site or dump is filled after the change would exceed the rate at which the landfilling site or dump was authorized to be filled under the Environmental Protection Act before the change.  O. Reg. 101/07, s. 15; O. Reg. 389/22, s. 7.
Change to thermal treatment site, type of thermal treatment site
 15.1 A change to a thermal treatment site described in a paragraph of section 11 is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if, after the change, the thermal treatment site would be a thermal treatment site described in a different paragraph of that section. O. Reg. 389/22, s. 8.
Change to thermal treatment site, increase in amount of waste
 16. A change to a thermal treatment site described in section 11 is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if the amount of waste that would be subject to thermal treatment at the site on any day after the change would exceed the amount of waste that was authorized under the Environmental Protection Act to be subject to thermal treatment at the site before the change.  O. Reg. 101/07, s. 16; O. Reg. 389/22, s. 9.
Change to site that transfers waste, increase in amount of waste
 17. A change to a waste disposal site described in paragraph 7 of section 11 is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if, on an annual basis, the average amount of waste transferred from the site per day after the change would exceed by more than 1,000 tonnes the average amount of waste that was authorized to be transferred from the site for final disposal under the Environmental Protection Act before the change.  O. Reg. 101/07, s. 17; O. Reg. 361/09, s. 3; O. Reg. 389/22, s. 10.
Change to geographic area
 18. A change to a waste disposal site described in section 2 or 11 is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if the geographic area from which the site receives waste after the change would include any area from which the site was not authorized to receive waste under the Environmental Protection Act before the change.  O. Reg. 101/07, s. 18; O. Reg. 389/22, s. 11.
Exceptions
 19. (1) Sections 11 to 18 do not apply to the establishing or changing of a waste disposal site if the establishing or changing of the site is designated under Part II of this Regulation as an undertaking to which the Act applies.  O. Reg. 101/07, s. 19 (1). (2) Despite sections 11 to 18, the establishing or changing of a waste disposal site is not designated under this Part as an undertaking to which the Act applies if, (a)  pursuant to the regulations made under the Environmental Protection Act, the establishing or changing of the site is exempt from section 27 of that Act; or (b)  pursuant to the regulations made under the Ontario Water Resources Act, the establishing or changing of the site is exempt from section 53 of that Act.  O. Reg. 101/07, s. 19 (2). (3) For greater certainty, nothing in this Part designates the acquisition or disposition of a waste disposal site or a change in the owner or person having charge, management or control of a waste disposal site as an undertaking to which the Act applies.  O. Reg. 101/07, s. 19 (3). part iv   miscellaneous
PART IV MISCELLANEOUS
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Application of O. Reg. 116/01
 20. Ontario Regulation 116/01 (Electricity Projects) made under the Act does not apply to anything that is designated under Part II or III of this Regulation as an undertaking to which the Act applies.  O. Reg. 101/07, s. 20.
Undertakings otherwise subject to the Act
 21. (1) Subject to subsection (2), Parts II and III do not affect the application of the Act to an undertaking 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.  O. Reg. 101/07, s. 21 (1). (2) Section 10 applies, with necessary modifications, to an undertaking 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, if the undertaking would be designated under Part III as an undertaking to which the Act applies were it not an undertaking 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.  O. Reg. 101/07, s. 21 (2). (3) Clause 5 (2) (a) of Regulation 334 of the Revised Regulations of Ontario, 1990 (General) made under the Act does not apply to an undertaking by a municipality or municipalities, if the undertaking would be designated under Part II or III of this Regulation as an undertaking to which the Act applies were it not an undertaking by a municipality or municipalities.  O. Reg. 101/07, s. 21 (3). (4) If an undertaking is designated under another regulation made under the Act as an undertaking to which the Act applies and is also designated under Part III of this Regulation as an undertaking to which the Act applies, section 10 of this Regulation applies to the undertaking unless the undertaking is exempt from subsection 5 (1) of the Act under another regulation made under the Act.  O. Reg. 101/07, s. 21 (4).
Exemption from s. 12 of Act
 22. Section 12 of the Act does not apply to a change to an undertaking in respect of a waste disposal site.  O. Reg. 101/07, s. 22.
Undertakings subject to class environmental assessments
 24. (1) Despite subsection 10 (1) and section 23, Part II of the Act applies to an undertaking that is designated under this Regulation as an undertaking to which the Act applies if the undertaking is of a type that is subject to an approved class environmental assessment.  O. Reg. 101/07, s. 24 (1). (2) Subsection (1) does not prevent a proponent from proceeding with an undertaking that the proponent is otherwise authorized to proceed with in accordance with the approved class environmental assessment.  O. Reg. 101/07, s. 24 (2). (3) Subsections (1) and (2) apply, with necessary modifications, to an undertaking 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, if the undertaking is of a type that is subject to an approved class environmental assessment.  O. Reg. 101/07, s. 24 (3).
Application for approval to proceed
 25. (1) Despite subsection 10 (1) and section 23, Part II of the Act applies to an undertaking that is designated under this Regulation as an undertaking to which the Act applies if the proponent applies to the Minister for approval to proceed with the undertaking.  O. Reg. 101/07, s. 25 (1). (2) Subsection (1) applies, with necessary modifications, to an undertaking 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, if the proponent applies to the Minister for approval to proceed with the undertaking.  O. Reg. 101/07, s. 25 (2). 26., 27. Revoked: O. Reg. 389/22, s. 13.
Transition: previous approvals
 28. (1) Despite subsection 10 (1) and section 23, Part II of the Act applies to an undertaking that is designated under this Regulation as an undertaking to which the Act applies if, before March 23, 2007, an approval was issued for the undertaking under the Act.  O. Reg. 101/07, s. 28 (1); O. Reg. 389/22, s. 14. (2) Subsection (1) applies, with necessary modifications, to an undertaking 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 if, before March 23, 2007, an approval was issued for the undertaking under the Act.  O. Reg. 101/07, s. 28 (2). (3) If Part II of the Act applies to an undertaking under subsection (1) or (2), the proponent shall proceed with the undertaking in accordance with the approval.  O. Reg. 101/07, s. 28 (3).