Exemptions from Part II of Act
 23. Despite any provision of the Act or Part II or III of this Regulation, Part II of the Act does not apply to any of the following things: 1.  An undertaking in respect of a waste disposal site 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, unless, if the undertaking were 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, the undertaking would be designated under Part II or III as an undertaking to which the Act applies. 2.  A change to a waste disposal site, if, i.  the change is required by an order made under the Environmental Protection Act
or the Ontario Water Resources Act, or ii.  the change involves the excavation of waste that was previously disposed of at the waste disposal site and a Director appointed under section 5 of the Environmental Protection Act or section 5 of the Ontario Water Resources Act is of the opinion that, A.  the primary purpose of the excavation is not to increase the amount of waste that will be deposited at the site, and B.  all of the purposes of the excavation are appropriate. 3.  The establishing of a thermal treatment site, if the site would cease operation within 12 months after waste is first received at the site. 4.  The establishing or changing of a thermal treatment site, other than a Class D thermal treatment site, if, 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.  not 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. 5.  The establishing or changing of a thermal treatment site, if, 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.  all the waste that is subject to thermal treatment at the site is generated at the facility, and iv.  of the energy or fuel generated by thermal treatment at the site that is used, all of the energy or fuel is used to dispose of waste. 6.  The changing of a landfilling site, if, i.  the change is an increase in the service area of the landfilling site or an increase in the rate at which waste may be received at the landfilling site from areas within its service area, and ii.  the increase referred to in subparagraph i is exempt, under section 5.2 of Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act, from being the subject matter of a hearing under section 20.15 of that Act. 7.  The establishing or changing of a waste disposal site, other than a waste disposal site where liquid industrial waste or hazardous waste is disposed of, if the Director is of the opinion that the establishing or changing of the waste disposal site will alleviate an emergency situation that exists by reason of, i.  danger to the health or safety of any person, ii.  impairment or immediate risk of impairment of the quality of the natural environment for any use that can be made of it, or iii.  injury or damage or immediate risk of injury or damage to any property or to any plant or animal life. 8.  The establishing or changing of a landfilling site or dump owned by a person engaged in forest products operations, if, i.  no hazardous waste or liquid industrial waste is deposited at the landfilling site or dump, ii.  the only waste deposited at the landfilling site or dump is produced by the person who owns the landfilling site or dump or by other persons engaged in forest products operations, and iii.  the waste deposited at the landfilling site or dump is predominantly solid process waste, such as woodwaste, effluent treatment solids, hog fired boiler ash, recycling process rejects, lime mud, grits or dregs. 9.  The establishing or changing of a waste disposal site, if the only waste deposited, disposed of, handled, stored, transferred, treated or processed at the site is waste that, under Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act, is exempt from Part V of that Act.  O. Reg. 101/07, s. 23; O. Reg. 361/09, s. 4; O. Reg. 250/11, s. 1; O. Reg. 389/22, s. 12.