jswizzle3737/ontario_laws_and_regs huggingface dataset:
2.1 (1) This Regulation does not apply to the planning, designing, establishing, constructing, operating, changing or retiring of power supply infrastructure in relation to the electrification of a new or existing commuter rail corridor if the planning, designing, establishing, constructing, operating, changing or retiring is designated under Ontario Regulation 231/08 (Transit Projects and Metrolinx Undertakings) made under the Act as an undertaking to which the Act applies. O. Reg. 77/15, s. 1. (2) In this section, “power supply infrastructure” has the same meaning as in Ontario Regulation 231/08. O. Reg. 77/15, s. 1.
3. (1) The planning, designing, establishing, constructing, operating, changing, expanding or retiring of any of the following things is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies: 1. A
generation facility that uses coal as its primary power source. 2. A
generation facility that has a name plate capacity of five megawatts or more and that uses oil as its primary power source. 3. A generation facility that has a name plate capacity of 200 megawatts or more and that uses water power as its primary power source. 4. A transmission line that is more than two kilometres in length, is designed to operate at a nominal voltage of 115 kilovolts or more and is not associated with a generation facility described in paragraphs 1 to 7 of subsection 4 (1). 5. A transformer station or distribution station that is designed to operate at a nominal voltage of 115 kilovolts or more and is not associated with a generation facility described in paragraphs 1 to 7 of subsection 4 (1).  O. Reg. 116/01, s. 3 (1). (2) Revoked:  O. Reg. 273/11, s. 1. (3) Any expansion of or change in a generation facility, transmission line, transformer station or distribution station that would result in it becoming a thing described in subsection (1) is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies.  O. Reg. 116/01, s. 3 (3). (4) An undertaking that is designated under this section as an undertaking to which the Act applies is exempt from Part II of the Act if, (a) the undertaking is the expansion of or a change in a thing; (b) the undertaking is not a significant modification; and (c) the undertaking is carried out in accordance with the Environmental Screening Process.  O. Reg. 116/01, s. 3 (4); O. Reg. 360/09, s. 3. (5) If the proponent of an undertaking submitted an environmental assessment or proposed terms of reference in respect of the undertaking to the Ministry before this Regulation came into force, subsection (4) does not apply to the undertaking unless, not later than 60 days after this Regulation comes into force, the Director of the Ministry’s Environmental Assessment and Approvals Branch has received written notice from the proponent stating that the undertaking will be carried out in accordance with the procedure set out in the Environmental Screening Process.  O. Reg. 116/01, s. 3 (5). (6) Subsection (4) ceases to apply to an undertaking if, in accordance with the Environmental Screening Process, the Minister gives the proponent a notice to prepare an environmental assessment.  O. Reg. 116/01, s. 3 (6).
4.1 (1) Subject to subsections (2) and (3), sections 3 and 4 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. 360/09, s. 5. (2) Subsections 3 (4), (5) and (6) 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 would be designated under section 3 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. 360/09, s. 5. (3) Subsections 4 (4), (5) and (6) 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 would be designated under section 4 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. 360/09, s. 5. (4) 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 section 3 or 4 of this Regulation as an undertaking to which the Act applies were it not an undertaking by a municipality or municipalities.  O. Reg. 360/09, s. 5. (5) 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 section 3 or 4 as an undertaking to which the Act applies, subsections 3 (4), (5) and (6) and 4 (4), (5) and (6) apply to the undertaking unless the undertaking is exempt from subsection 5 (1) of the Act under another regulation made under the Act.  O. Reg. 360/09, s. 5.
4.2 Despite any provision of the Act or this Regulation, Part II of the Act does not apply to an undertaking in respect of a generation facility, transmission line, transmission station or distribution station 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 section 3 or 4 as an undertaking to which the Act applies.  O. Reg. 360/09, s. 5.
5. (1) Despite sections 3 and 4, an undertaking is not defined as a major commercial or business enterprise or activity and is not designated as an undertaking to which the Act applies if, (a) the undertaking is the changing or expanding of a generation facility that uses coal, hazardous waste, liquid industrial waste, municipal waste or oil as its primary power source; (b) after completion of the undertaking, the facility will use less coal, hazardous waste, liquid industrial waste, municipal waste or oil and will not use more of any of those power sources; and (c) after the completion of the undertaking, the name plate capacity of the facility will be less than the maximum name plate capacity determined in accordance with the following formula: A = B + ((C - D) ´ 0.5) where, A = the maximum name plate capacity of the facility after the completion of the undertaking, B = the name plate capacity of the facility before the start of the undertaking, C = the capacity of the facility to generate electricity from coal, hazardous waste, liquid industrial waste, municipal waste and oil before the start of the undertaking, D = the capacity of the facility to generate electricity from coal, hazardous waste, liquid industrial waste, municipal waste and oil after the completion of the undertaking. O. Reg. 116/01, s. 5 (1). (2) An undertaking that is designated under this Regulation as an undertaking to which the Act applies and that is the operating, changing, expanding or retiring of a generation facility is exempt from Part II of the Act if, (a) the facility was changed or expanded and, pursuant to subsection (1), the undertaking to change or expand the facility was not defined as a major commercial or business enterprise or activity and was not designated as an undertaking to which the Act applies; and (b) as a result of the undertaking to change or expand the facility, the facility no longer uses coal, hazardous waste, liquid industrial waste, municipal waste or oil as its primary power source.  O. Reg. 116/01, s. 5 (2).
5.1 (1) In this section, “municipal waste pilot project site” has the same meaning as in section 5.0.1 of Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act.  O. Reg. 104/07, s. 1. (2) An undertaking that is designated under this Regulation as an undertaking to which the Environmental Assessment Act applies and that is in respect of the processing or disposing of municipal waste on a municipal waste pilot project site is exempt from Part II of that Act if section 5.0.1 of Regulation 347 of the Revised Regulations of Ontario, 1990 applies to an application for an environmental compliance approval under section 20.2 of the Environmental Protection Act in respect of the use, operation, establishment, alteration, extension or enlargement of the site.  O. Reg. 273/11, s. 3.
6. (1) An undertaking that is designated under this Regulation as an undertaking to which the Act applies and that is the constructing, operating, changing, expanding or retiring of a thing is exempt from Part II of the Act if no approval was required under section 5 of the Act to construct the thing and, (a) construction of the thing began before this Regulation came into force; or (b) any approvals required to begin construction, and any approvals required under the Environmental Protection Act or the Ontario Water Resources Act
to operate the thing, were obtained before this Regulation came into force.  O. Reg. 116/01, s. 6 (1). (2) For the purpose of clause (1) (a), construction shall be deemed to have begun, (a) on the date on which the first contract was awarded for carrying out part or all of the construction, if any contracts were awarded for that purpose; and (b) on the date on which construction started, if no contracts were awarded for carrying out part or all of the construction.  O. Reg. 116/01, s. 6 (2). (3) Subsection (1) ceases to apply to an undertaking on the fifth anniversary of the coming into force of this Regulation, unless construction of the thing is substantially completed before that date.  O. Reg. 116/01, s. 6 (3). (4) Subsection (1) does not apply to an undertaking that is the expansion, after January 1, 2001, of the generation facility at Atikokan, if coal is to be used as the primary power source of any part of the facility that is added by the expansion.  O. Reg. 116/01, s. 6 (4).
7. An undertaking that is designated under this Regulation as an undertaking to which the Act applies and that is the changing or expanding of a thing that was constructed before this Regulation came into force is exempt from Part II of the Act if, (a) no approval under section 5 of the Act was required to construct the thing; and (b) the change or expansion, together with any other change or expansion of the thing that occurred since the thing was constructed, is not a significant modification.  O. Reg. 116/01, s. 7.
8. (1) Despite subsections 3 (4), 4 (4) and 6 (1), 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 a class environmental assessment approved after January 1, 2001 or to the Class Environmental Assessment for Minor Transmission Facilities approved pursuant to Order in Council 1173/92.  O. Reg. 116/01, s. 8 (1). (2) If an undertaking that is designated under this Regulation as an undertaking to which the Act applies is of a type that is subject to a class environmental assessment referred to in subsection (1), the proponent shall proceed with the undertaking in accordance with the class environmental assessment, even if the proponent is not the applicant who obtained approval of the class environmental assessment.  O. Reg. 116/01, s. 8 (2). (3) Subsections (1) and (2) do not apply to an undertaking of a type that is subject to the Class Environmental Assessment for Minor Transmission Facilities approved pursuant to Order in Council 1173/92 if the undertaking is the planning, designing, establishing, constructing, operating, changing, expanding or retiring of a thing referred to in paragraph 8 or 9 of subsection 4 (1).  O. Reg. 116/01, s. 8 (3). (4) Subsections (1) and (2) do not apply to an undertaking that is a waterpower project if, (a) before the Class Environmental Assessment for Waterpower Projects is approved, a notice of commencement of a screening or a notice of commencement of an environmental review has been issued under the Environmental Screening Process for the undertaking; and (b) a notice of completion of a screening report or a notice of completion of an environmental review report is issued under the Environmental Screening Process for the undertaking no later than December 31, 2010.  O. Reg. 336/08, s. 1.
9. Despite subsections 3 (4), 4 (4) and 6 (1), 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. 116/01, s. 9.
10. (1) Despite subsections 3 (4), 4 (4) and 6 (1), 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 this Regulation came into force, an approval was issued for the undertaking under the Act.  O. Reg. 116/01, s. 10 (1). (2) If Part II of the Act applies to an undertaking under subsection (1), the proponent shall proceed with the undertaking in accordance with the approval.  O. Reg. 116/01, s. 10 (2).