11 (1) No person who is engaged in any of the following projects, activities or undertakings shall use a well to access an area, including an underground geological formation, and inject any substance into the area, unless the person holds a permit to do so: 1. A project to enhance the recovery of oil, gas or formation water. 2. A project to inject, store or withdraw oil, gas or another prescribed substance. 3. A project to dispose of oil field fluid. 4. Any other prescribed project, activity or undertaking. 5. A compressed air energy storage project that is prescribed, or any part or portion of such a project as may be prescribed. 2017, c. 8, Sched. 23, s. 3. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (1) of the Act is amended by adding the following paragraph: (See: 2023, c. 9, Sched. 23, s. 7) 6. A project designated as a special project under section 11.1. (1.1) Repealed: 2023, c. 2, Sched. 5, s. 2. Referral to Board (2) If the point of injection proposed in an application for a permit under subsection (1) is within 1.6 kilometres of an area designated as a gas storage area under the Ontario Energy Board Act, 1998, the Minister shall refer the application to the Board for a report.  1996, c. 30, s. 65; 1998, c. 15, Sched. E, s. 24 (1). Hearing (3) The Board may hold a hearing, but is not required to do so, before reporting to the Minister.  1996, c. 30, s. 65. Minister entitled to be heard (3.1) The Minister is entitled to be heard at a hearing held under subsection (3). 2019, c. 14, Sched. 15, s. 50. Exception (4) Subsection (1) does not prohibit the injection of gas for storage in an area designated as a gas storage area under the Ontario Energy Board Act, 1998.  1996, c. 30, s. 65; 1998, c. 15, Sched. E, s. 24 (2). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 65 - 27/06/1997; 1998, c. 15, Sched. E, s. 24 (1, 2) - 07/11/1998 2010, c. 16, Sched. 10, s. 3 (4) - 25/10/2010 2017, c. 8, Sched. 23, s. 3 - 17/05/2017 2019, c. 14, Sched. 15, s. 50 - 10/12/2019 2023, c. 2, Sched. 5, s. 2 - 22/03/2023; 2023, c. 9, Sched. 23, s. 7 - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2023, c. 9, Sched. 23, s. 8) Special projects, Minister’s designation 11.1 (1) The Minister may issue to a person a designation designating a project as a special project. 2023, c. 9, Sched. 23, s. 8. Same, term of designation (2) A designation of a special project may include the term of the designation. 2023, c. 9, Sched. 23, s. 8. Same, varying term (3) The Minister may vary the term of the designation. 2023, c. 9, Sched. 23, s. 8. Same, transfer of designation (4) A designation may be transferred, but only if the Minister consents to the transfer and the prescribed requirements have been met. 2023, c. 9, Sched. 23, s. 8. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 23, s. 8 - not in force Requirements for projects to be designated 11.2 In order for a project to be designated as a special project under section 11.1, the following requirements must be met: 1. The purpose of the project must be to test, assess, pilot or demonstrate a technology, method or activity that is new or innovative to Ontario. 2. There is a reasonable expectation, in the opinion of the Minister, that it will be possible to design, construct, operate and decommission the project in a manner that protects public safety and the environment. 3. The project must use, or intend to use, at least one existing well or proposed well to access underground geological formations of Cambrian or more recent age. 4. Any other prescribed requirements. 2023, c. 9, Sched. 23, s. 8. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 23, s. 8 - not in force Requirements for making designation requests 11.3 The following requirements apply to a person making a request to be issued a designation designating a project as a special project under section 11.1: 1. The person must meet any prescribed eligibility requirements. 2. The request must be in writing. 3. The request must include the following: i. A description of the project, including the purpose of the project, the wells, proposed wells and other works that will be used in the project and the location of the project. ii. A description of how the project meets the requirements referred to in section 11.2. iii. A description of how the person who is making the request meets the requirements referred to in paragraph 1. iv. Any other prescribed requirements. 2023, c. 9, Sched. 23, s. 8. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 23, s. 8 - not in force Exemptions for special projects 11.4 (1) The Minister may exempt a special project designated under section 11.1, or any part or aspect of such a project, from any requirement under this Act or the regulations or substitute any requirement in place of a requirement under this Act or the regulations if the Minister is of the opinion that, (a) a requirement is not suitable or another requirement should apply with respect to the special project; and (b) public safety and the environment will be adequately protected despite the exemption or substitution. 2023, c. 9, Sched. 23, s. 8. Same (2) Any exemption or substitution of a requirement referred to in subsection (1) shall be included in, (a) the designation of the special project; or (b) the terms and conditions of a licence or permit issued with respect to the special project. 2023, c. 9, Sched. 23, s. 8. Exception, certain works (3) A designation under section 11.1 may provide that any pipeline or other structure or equipment that is, or will be, a part of a special project is not a work for the purposes of this Act. 2023, c. 9, Sched. 23, s. 8. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 23, s. 8 - not in force Use of wells, licences and permits 11.5 No person shall use a well for a special project designated under section 11.1 unless such a use is expressly allowed by a licence or permit relating to the well. 2023, c. 9, Sched. 23, s. 8. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 23, s. 8 - not in force Project end 11.6 After the term for a special project designated under section 11.1 ends, (a) any well which forms part of the special project continues to be a well for the purposes of this Act and the regulations; and (b) any other work which forms part of the special project continues to be a work for the purposes of this Act and the regulations if the work, or the use of the work, meets the prescribed conditions. 2023, c. 9, Sched. 23, s. 8. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 23, s. 8 - not in force