jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation
 1. (1) In this Regulation, “power supply infrastructure” means transmission lines and transmission stations described in subsection (3); “project commencement date” means, with respect to a transit project, the earliest date that, (a) any construction or installation begins as part of the project, or (b) any service is started, stopped or changed as part of the project; “transit project” means, (a) an enterprise or activity that is the planning, designing, establishing, constructing, operating, changing or retiring of, (i) a facility or service that, aside from any incidental use for walking, bicycling or other means of transporting people by human power, is used exclusively for the transportation of passengers by bus or rail, or (ii) anything that is ancillary to a facility or service described in subclause (i) and that is used to support or facilitate the transportation of passengers by bus or rail, or (b) a proposal, plan or program in respect of an enterprise or activity described in clause (a); “transit project assessment process” means the process set out in sections 5 to 17 of this Regulation.  O. Reg. 231/08, s. 1 (1); O. Reg. 76/15, s. 1 (1). (2) For the purposes of this Regulation, (a) the site of a transit project is the site of the facility or service referred to in subclause (a) (i) of the definition of “transit project” in subsection (1); and (b) the site of a change to a transit project is the site of the change to the facility or service referred to in subclause (a) (i) of the definition of “transit project” in subsection (1).  O. Reg. 231/08, s. 1 (2); O. Reg. 231/08, s. 18 (1). (3) For the purposes of this Regulation, power supply infrastructure consists of the following transmission lines and transmission stations if they are for the purposes of the electrification of a commuter rail corridor and are not associated with a generation facility mentioned in paragraph 1, 2, 3, 4, 5, 6 or 7 of subsection 4 (1) of Ontario Regulation 116/01 (Electricity Projects) made under the Act: 1. A transmission line that, i. can operate at nominal voltage of 115 kV and is greater than 2 kilometres in length, or ii. can operate at nominal voltage of greater than 115 kV and less than 500 kV and is greater than 2 kilometres and less than 50 kilometres in length. 2. A transmission station that can operate at nominal voltage of equal to or greater than 115kV and less than or equal to 500 kV. O. Reg. 76/15, s. 1 (2). (4) For the purposes of subsection (3), if a transmission station has more than one voltage level, the station’s nominal operating voltage is its highest voltage level. O. Reg. 76/15, s. 1 (2). Designation
Designation
nan
Designation
 1.1 (1) Subject to subsections (2) and (3), 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 is defined as a major commercial enterprise or activity and is designated as an undertaking to which the Act applies. O. Reg. 76/15, s. 2. (2) A change to a transmission line and the subsequent operation and retirement of the changed or expanded line is defined and designated under subsection (1) only if, (a) the work involved in changing the line requires replacement of poles or towers and/or changes in the right-of-way for existing transmission lines that are capable of operating at a nominal voltage equal to or greater than 115 kV and less than or equal to 500 kV; and (b) the changed line would operate at a nominal voltage of equal to or greater than 115 kV and less than or equal to 500 kV. O. Reg. 76/15, s. 2. (3) A change to a transmission station and the subsequent operation and retirement of the changed or expanded station is defined and designated under subsection (1) only if, (a) the change requires the acquisition of property; and (b) the changed station is capable of operating at a nominal voltage of equal to or greater than 115 kV and less than or equal to 500 kV. O. Reg. 76/15, s. 2. (4) For the purposes of subsection (3), if a transmission station has more than one voltage level, the station’s nominal operating voltage is its highest voltage level. O. Reg. 76/15, s. 2. Exemptions
Unconditional exemption of other transit projects
 3. (1) A transit project that does not belong to a class of transit projects described in Schedule 1 is exempt from Part II and subsection 15.1.1 (1) of the Act.  O. Reg. 231/08, s. 3 (1); O. Reg. 355/11, s. 3; O. Reg. 854/21, s. 1. (2) Subsection (1) ceases to apply to a transit project if the proponent gives the Director of the Environmental Assessment Branch and the appropriate regional director of the Ministry written notice indicating that the proponent will proceed with the transit project in accordance with Part II of the Act or an approved class environmental assessment. O. Reg. 231/08, s. 3 (2); O. Reg. 354/12, s. 2; O. Reg. 342/20, s. 3.
Metrolinx undertakings
 4. (1) Any undertaking of Metrolinx that is described in section 6, 7, 8 or 8.1 of the Metrolinx Act, 2006 is exempt from Part II and subsection 15.1.1 (1) of the Environmental Assessment Act.  O. Reg. 355/11, s. 4; O. Reg. 854/21, s. 1. (2) Subsection (1) does not apply to an undertaking that is a transit project if the transit project belongs to a class of transit projects described in Schedule 1.  O. Reg. 231/08, s. 4 (2). Project Assessment Process
Project Assessment Process
nan
Application
 5. Sections 6 to 17 apply if the proponent of a transit project that belongs to a class of transit projects described in Schedule 1 seeks to rely on subsection 2 (1).  O. Reg. 231/08, s. 5.
Process and timing
 6. (1) Before the project commencement date, the proponent shall complete the following steps: 1. Prepare and distribute a notice of commencement of the transit project assessment process under section 7. 2. Conduct consultations under section 8. 3. Prepare an environmental project report under section 9. 4. Prepare and distribute a notice of completion of the environmental project report under section 11. 5. Submit statements of completion of the transit project assessment process to the Director of the Environmental Assessment Branch and the appropriate regional director of the Ministry under section 14. O. Reg. 231/08, s. 6 (1); O. Reg. 354/12, s. 3 (1); O. Reg. 342/20, s. 4 (1). (2) Subject to section 10, the notice of completion of the environmental project report referred to in paragraph 4 of subsection (1) shall be prepared and distributed within 120 days after, (a) the first day on which the notice of commencement of the transit project assessment process is published in a newspaper under clause 7 (3) (b); or (b) if there is no newspaper publication under clause 7 (3) (b) because there is no newspaper with general circulation in the area where the site of the transit project is located, the date on which the notice of commencement of the transit project assessment process is first published under subsection 7 (6).  O. Reg. 231/08, s. 6 (2). (3) A proponent may, at any time before submitting a statement of completion of the transit project assessment process under section 14, terminate the transit project assessment process by giving notices to that effect to the Director of the Environmental Assessment Branch and the appropriate regional director of the Ministry. O. Reg. 231/08, s. 6 (3); O. Reg. 354/12, s. 3 (2); O. Reg. 342/20, s. 4 (2). (4) The termination of the transit project assessment process by the proponent under subsection (3) does not prevent the proponent from, (a) preparing and distributing a new notice of commencement of the transit project assessment process under section 7 and starting the transit project assessment process again; or (b) proceeding with the transit project in accordance with Part II of the Act or an approved class environmental assessment.  O. Reg. 231/08, s. 6 (4).
Consultation
 8. (1) Subject to subsection (2), the proponent shall consult with persons, including Indigenous communities, who, in the opinion of the proponent, may be interested in the transit project.  O. Reg. 231/08, s. 8 (1); O. Reg. 342/20, s. 1. (2) The proponent shall ensure that all of the persons to whom a copy of the notice of commencement of the transit project assessment process was given under clause 7 (3) (a) are given an opportunity to participate in the consultation.  O. Reg. 231/08, s. 8 (2). (3) Subject to subsections (4) and (5), the consultation shall be conducted in the way the proponent considers appropriate.  O. Reg. 231/08, s. 8 (3). (4) As part of the consultation, the proponent shall provide information about, (a) the basis on which the proponent selected the preferred method of carrying out the transit project, including, (i) the proponent’s assessment and evaluation of the impacts that the preferred method and the other methods considered might have on the environment, (ii) the proponent’s criteria for assessment and evaluation of those impacts, and (iii) any completed studies with respect to those impacts; (b) any measures proposed by the proponent for mitigating any negative impacts that the preferred method of carrying out the transit project might have on the environment; and (c) if mitigation measures are proposed under clause (b), a description of the means the proponent proposes to use to monitor or verify their effectiveness.  O. Reg. 231/08, s. 8 (4). (5) As part of the consultation, the proponent shall discuss with each Indigenous community that may be interested in the transit project, (a) any existing aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982, that are identified by the community as potentially being negatively impacted by the transit project; and (b) measures for mitigating potential negative impacts on the right referred to in clause (a), including any measures identified by the community.  O. Reg. 231/08, s. 8 (5); O. Reg. 342/20, s. 1, 6.
Environmental project report
 9. (1) The proponent shall prepare an environmental project report in accordance with subsection (2).  O. Reg. 231/08, s. 9 (1). (2) The environmental project report shall contain the following: 1. A statement of the purpose of the transit project and a summary of background information relating to the transit project. 2. The final description of the transit project, including a description of the preferred method of carrying out the transit project, and a description of the other methods that were considered. 3. A map showing the site of the transit project. 4. A description of the local environmental conditions at the site of the transit project. 5. A description of all studies undertaken in relation to the transit project, including, i. a summary of all data collected or reviewed, and ii. a summary of all results and conclusions. 6. The proponent’s assessment and evaluation of the impacts that the preferred method of carrying out the transit project and other methods might have on the environment, and the proponent’s criteria for assessment and evaluation of those impacts. 7. A description of any measures proposed by the proponent for mitigating any negative impacts that the preferred method of carrying out the transit project might have on the environment. 8. If mitigation measures are proposed under paragraph 7, a description of the means the proponent proposes to use to monitor or verify their effectiveness. 9. A description of any municipal, provincial, federal or other approvals or permits that may be required for the transit project. 10. A consultation record, including, i. a description of the consultations carried out with interested persons, including Indigenous communities, ii. a list of the interested persons, including Indigenous communities, who participated in the consultations, iii. summaries of the comments submitted by interested persons, including Indigenous communities, iv. a summary of discussions that the proponent had with Indigenous communities under subsection 8 (5), and copies of all written comments submitted by Indigenous communities, and v. a description of what the proponent did to respond to concerns expressed by interested persons, including Indigenous communities. 11. A summary of each issue in respect of which notice was given to the Director of the Environmental Assessment Branch and the appropriate regional director of the Ministry under subsection 10 (1), including, i. a description of the issue, ii. a description of what the proponent did to respond to the issue and the results of those efforts, and iii. the dates that notices were given to the Director of the Environmental Assessment Branch and the appropriate regional director of the Ministry under subsections 10 (1) and (3). O. Reg. 231/08, s. 9 (2); O. Reg. 354/12, s. 5; O. Reg. 342/20, s. 1, 7.
Notice of issue, suspension of 120-day period
 10. (1) If, at any time during the 120-day period referred to in subsection 6 (2), the proponent is of the opinion that the transit project may have a negative impact on a matter of provincial importance that relates to the natural environment or has cultural heritage value or interest, or on the existing aboriginal or treaty rights of the aboriginal peoples of Canada, as recognized and affirmed in section 35 of the Constitution Act, 1982, the proponent may give written notices describing the issue to the Director of the Environmental Assessment Branch and the appropriate regional director of the Ministry. O. Reg. 342/20, s. 8 (1). (2) The proponent shall also post the notice on its website, if any.  O. Reg. 231/08, s. 10 (2). (3) If notice is given under subsection (1), the 120-day period referred to in subsection 6 (2) stops running until the proponent gives notices of resumption to the Director of the Environmental Assessment Branch and the appropriate regional director of the Ministry. O. Reg. 231/08, s. 10 (3); O. Reg. 354/12, s. 6 (2); O. Reg. 342/20, s. 8 (2).
Notice of completion of environmental project report
 11. (1) After conducting consultations in accordance with section 8 and preparing the environmental project report in accordance with section 9, the proponent shall prepare a notice of completion of the environmental project report and shall, (a) give a copy of the notice to, (i) every person to whom a notice was given under clause 7 (3) (a), (ii) every person from whom the proponent has received a written request for a copy of the notice, and (iii) every person who, in the opinion of the proponent, may be interested in receiving a copy of the notice; and (b) cause the notice to be published in a newspaper having general circulation in the area where the site of the transit project is located, subject to subsection (4).  O. Reg. 231/08, s. 11 (1). (2) The proponent shall also post the notice on its website, if any.  O. Reg. 231/08, s. 11 (2). (3) The notice of completion of the environmental project report shall include the following: 1. Information as to where and how members of the public may examine the environmental project report and obtain copies. 2. A statement that there are circumstances in which the Minister has authority to require further consideration of the transit project, or impose conditions on it, if he or she is of the opinion that, i. the transit project may have a negative impact on a matter of provincial importance that relates to the natural environment or has cultural heritage value or interest, or ii. the transit project may have a negative impact on the existing aboriginal or treaty rights of the aboriginal peoples of Canada, as recognized and affirmed in section 35 of the Constitution Act, 1982. 3. A statement that, before exercising the authority referred to in paragraph 2, the Minister is required to consider any written objections to the transit project that he or she receives within 30 days after the notice of completion of the environmental project report is first published under clause (1) (b) or subsection (4).  O. Reg. 231/08, s. 11 (3); O. Reg. 342/20, s. 9. (4) If there is no newspaper with general circulation in the area where the site of the transit project is located, the proponent shall publish the notice of completion of the environmental project report in some other way that, in the proponent’s opinion, will promptly bring the notice to the attention of the public in that area.  O. Reg. 231/08, s. 11 (4). (5) If the proponent has given a notice describing an issue under subsection 10 (1), a notice of completion of the environmental project report shall not be prepared or distributed under this section unless the proponent has also given notices of resumption under subsection 10 (3) in respect of the issue.  O. Reg. 231/08, s. 11 (5).
Revised environmental project report
 13. (1) A notice under clause 12 (1) (b) requiring further consideration of a transit project shall require the proponent to, within time periods specified in the notice, (a) take such steps as are specified in the notice to give further consideration to the transit project, including consultation with specified persons; and (b) prepare a revised environmental project report that includes a description of the steps taken under clause (a) and any changes to the report that arise from taking those steps.  O. Reg. 231/08, s. 13 (1). (2) After preparing the revised environmental project report, the proponent shall give a copy of the revised report to the Minister and to such other persons as may be specified in the notice given under clause 12 (1) (b).  O. Reg. 231/08, s. 13 (2). (3) The proponent shall also post the revised environmental project report on its website, if any.  O. Reg. 231/08, s. 13 (3). (4) The Minister may, within 30 days after receiving the revised environmental project report, give the proponent, (a) a notice allowing the proponent to proceed with the transit project in accordance with the revised environmental project report; or (b) a notice terminating the transit project assessment process and requiring the proponent to comply with Part II of the Act or an approved class environmental assessment before proceeding with the transit project.  O. Reg. 231/08, s. 13 (4). (5) The Minister may give a notice under clause (4) (b) only if he or she is of the opinion that the revised environmental project report does not appropriately address, (a) the negative impact referred to in subclause 12 (5) (a) (i), if the notice requiring further consideration of the transit project was given under clause 12 (5) (a); or (b) the negative impact referred to in subclause 12 (5) (b) (i), if the notice requiring further consideration of the transit project was given under clause 12 (5) (b).  O. Reg. 231/08, s. 13 (5).
Review of transit projects not commenced within 10 years
 16. If the project commencement date of a transit project does not occur within 10 years after the earliest date the proponent was permitted by subsection 14 (1) to submit statements of completion of the transit project assessment process, the proponent shall not proceed with the project unless, (a) the proponent has prepared a review of the transit project that includes, (i) an analysis of existing environmental conditions at the site of the transit project, and (ii) an analysis of whether any changes are required to the measures for mitigating any negative impacts that the transit project may have on the environment; (b) the proponent has posted the review on its website, if any; (c) the proponent has complied with section 15 with respect to any changes to the transit project; and (d) the proponent is of the opinion that it is still appropriate to proceed with the transit project.  O. Reg. 231/08, s. 16.
Time
 17. Time limits in sections 5 to 16 that would otherwise expire on a Saturday are extended to include the next day that is not a holiday.  O. Reg. 231/08, s. 17. 18. Omitted (provides for amendments to this Regulation).  O. Reg. 231/08, s. 18. 19. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 231/08, s. 19. Schedule 1   CLASSES OF Transit Projects Exempted Conditional on Compliance with Transit Project Assessment Process
Classes of transit projects exempted conditional on compliance with transit project assessment process
nan
Identification of interested persons
nan