Highway 413 Act, 2024

Bills that amended this Act0

No published amendment links yet for this Act.

Sections19

• 1Definitions

  1 In this Act, “change to the Highway 413 Project” means, (a) a change to the Highway 413 Project as the project is described in the final environmental impact assessment report published under subsection 8 (4), as amended by any final addendum published under subsection 9 (8), (b) a change to the manner in which the Highway 413 Project is carried out, including a change to how the Ministry will mitigate negative impacts on the environment and monitor and verify the effectiveness of its mitigation, as described in the final environmental impact assessment report published under subsection 8 (4), as amended by any final addendum published under subsection 9 (8), and (c) a prescribed type of change; (“modification du projet d’autoroute 413”, “modification du projet”) “environment” has the same meaning as in the Environmental Assessment Act; (“environnement”) “highway” has the same meaning …

• 2Exemptions from Environmental Assessment Act

  2 (1) The following are exempt from the Environmental Assessment Act: 1. The Highway 413 Project, including any change to the Highway 413 Project. 2. The Highway 413 early works projects. 3. Any enterprise or activity other than an enterprise or activity referred to in paragraph 1 or 2 that, i. is carried out by or on behalf of the Minister, and ii. is for or related to Highway 413 or extensions of Highway 410 and 427 to connect them to Highway 413, including establishing Highway 413 and the extensions. 4. Any enterprise or activity to which the terms of reference for the GTA West Corridor, approved on March 4, 2008 under the Environmental Assessment Act with file number EA-02-07, apply. 5. Any proposal, plan or program in respect of an enterprise or activity referred to in paragraphs 1 to 4. 6. Any prescribed enterprise or activity or proposal, plan or program in respect of an enterpris…

• 3Prohibition re carrying out Highway 413 Project

  3 (1) Subject to subsection (2), no person shall carry out the Highway 413 Project except in accordance with the final environmental impact assessment report published under subsection 8 (4) as amended by any final addendum published under subsection 9 (8). Non-application — change (2) If the Minister makes a change to the Highway 413 Project that is not a significant change, subsection (1) does not apply to the extent that carrying out the change does not accord with the final environmental impact assessment report published under 8 (4), as amended by any final addendum published under subsection 9 (8). Activities before process completed (3) For greater certainty, nothing in this Act prevents a person from carrying out the following activities before the requirements set out in sections 4 to 9 are fulfilled: 1. The Highway 413 early works projects. 2. Acquiring land or interests in lan…

• 4Indigenous consultation plan

  4 (1) The Minister shall prepare an Indigenous consultation plan that includes, (a) a list of Indigenous communities that have or may have existing Aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982, that may be impacted by the Highway 413 Project; (b) a list of any Indigenous communities that may otherwise be interested in the Highway 413 Project; and (c) the plan for, (i) consulting with Indigenous communities referred to in clause (a) in respect of the impacts of the Highway 413 Project, including any significant change, on existing Aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982, and (ii) consulting with Indigenous communities referred to in clauses (a) and (b) in respect of the assessment of the impacts of the Highway 413 Project and identification of mitigation required by section 5…

• 5Assessment of impacts on environment

  5 (1) Before completing the draft environmental impact assessment report under section 6, the Minister shall, (a) assess the impacts of the Highway 413 Project on the environment; and (b) identify how the Ministry will mitigate negative impacts identified in the assessment under clause (a). Assessment based on preliminary design (2) The assessment of impacts and identification of mitigation under subsection (1) shall be based on the Ministry’s preliminary design for the Highway 413 Project. Use of studies, etc. (3) For greater certainty, in fulfilling the requirements of subsection (1), the Minister may use studies, research, evaluations or other work carried out before or after this Act came into force in respect of the Highway 413 Project.

• 6Draft environmental impact assessment report

  6 (1) The Minister shall prepare a draft environmental impact assessment report in accordance with subsection (2). Contents (2) The draft environmental impact assessment report shall contain the following: 1. A statement of the purpose of the Highway 413 Project. 2. A description of the Highway 413 Project based on the Ministry’s preliminary design for the Highway 413 Project. 3. A map showing the location of Highway 413 and extensions of Highway 410 and Highway 427 to connect them to Highway 413. 4. One or more maps and drawings showing the Ministry’s preliminary design for the Highway 413 Project, including the alignment for Highway 413 and extensions of Highway 410 and Highway 427 to connect them to Highway 413. 5. A description of the other alignments for Highway 413 and extensions of Highway 410 and Highway 427 to connect them to Highway 413 that were considered by the Ministry sinc…

• 7Notice of draft environmental impact assessment report

  7 (1) The Minister shall prepare and distribute a notice of draft environmental impact assessment report. Contents (2) The notice shall include the following information: 1. The Project website’s address. 2. A map showing the location of Highway 413 and extensions of Highway 410 and Highway 427 to connect them to Highway 413. 3. A statement that the draft environmental impact assessment report is available for comment. 4. Information on how to access a copy of the draft environmental impact assessment report. 5. The name, phone number and email address of a person who may be contacted on behalf of the Ministry. 6. Information about the opportunity to submit written comments on the draft environmental impact assessment report, including the date by which any comments must be submitted. Distribution (3) The Minister shall distribute the notice by, (a) giving a copy of the notice to, (i) ev…

• 8Final environmental impact assessment report

  8 (1) After publishing the notice of draft environmental impact assessment report under clause 7 (3) (b), the Minister shall do the following: 1. Provide the Indigenous communities and persons to whom a copy of the notice under clause 7 (3) (a) is required to be given and the public an opportunity to submit written comments on the draft environmental impact assessment report. 2. Provide access to a copy of the draft environmental impact assessment report to the Indigenous communities and persons to whom a copy of the notice under clause 7 (3) (a) is required to be given and to the public by publishing a copy on the Project website or by such other means as the Minister considers appropriate. 3. Prepare the final environmental impact assessment report in accordance with subsections (2) and (3). Preparation of final environmental impact assessment report (2) In preparing the final environm…

• 9Significant change — process

  9 (1) The Minister shall carry out the following steps with respect to a significant change: 1. Undertake any studies of the environment in relation to the significant change that the Minister considers appropriate. 2. Assess any impacts of the significant change on the environment. 3. Identify how the Ministry will mitigate any negative impacts identified in the assessment under paragraph 2. 4. Prepare a draft addendum to the final environmental impact assessment report and a final addendum in accordance with this section. Draft addendum — contents (2) A draft addendum to the final environmental impact assessment report shall include the following information: 1. A description of the significant change. 2. The reasons for the significant change. 3. A description of any studies of the environment undertaken by the Minister in relation to the significant change and identification of the a…

• 10Notice of completion

  10 Once the Minister is satisfied the Highway 413 Project is complete, the Minister shall publish a notice that meets the prescribed requirements, if any, on the Project website indicating that the Highway 413 Project is complete.

• 11Deemed authorization

  11 (1) For the purposes of any provincial plan, as these may be amended from time to time, the Highway 413 Project, including any change to the Highway 413 Project, and the Highway 413 early works projects are deemed to have been subject to, and approved or otherwise authorized under, the Environmental Assessment Act as of the Minister publishing the final environmental impact assessment report under subsection 8 (4). Definition (2) In subsection (1), “provincial plan” has the same meaning as in the Planning Act.

• 12Non-application of Planning Act provisions

  12 (1) Clause 3 (5) (a) of the Planning Act does not apply to a decision of a minister of the Crown or a ministry, board, commission or agency of the Government of Ontario in respect of the Highway 413 Project, including any change to the Highway 413 Project, or the Highway 413 early works projects. Same (2) Subsection 3 (6) of the Planning Act does not apply in respect of the Highway 413 Project, including any change to the Highway 413 Project, or the Highway 413 early works projects. Environmental Bill of Rights, 1993

• 13

  13 Part II of the Environmental Bill of Rights, 1993 does not apply to a proposal to issue, amend or revoke an instrument for or related to the Highway 413 Project, including any change to the Highway 413 Project, or the Highway 413 early works projects despite the proposal being a type of proposal for an instrument that is classified by a regulation made under that Act.

• 14Notice

  14 (1) A notice that must be given to a person under this Act is sufficiently given, (a) by personal delivery to the person; (b) through regular mail delivery addressed to the person at the most recent address the Ministry has on record for the person; (c) using any method of mail delivery that permits the delivery to be verified; or (d) by electronic transmission. Deemed receipt — regular mail (2) A notice delivered in accordance with clause (1) (b) is deemed to be given to the person it is addressed to on the fifth day after it is mailed. Deemed receipt — electronic transmission (3) A notice delivered in accordance with clause (1) (d) is be deemed to be given on the day after it is sent, unless that day is a holiday in which case the document is deemed to be received on the next day that is not a holiday.

• 15Regulations

  15 (1) The Lieutenant Governor in Council may make regulations, (a) respecting anything that is referred to in this Act as being prescribed; (b) defining any word or expression used in this Act that is not already defined and further defining any word or expression used in this Act that is already defined in this Act; (c) prescribing types of change for the purposes of the definition of “significant change” in section 1; (d) prescribing activities for the purposes of the definition of “Highway 413 Project” in section 1; (e) prescribing activities for the purposes of the definition of “Highway 413 early works projects” in section 1; (f) altering the area for the purpose of the definition of “Highway 413 route” in section 1; (g) governing assessment and mitigation of impacts of the Highway 413 Project on the environment; (h) governing notices required to be given under this Act; (i) varyin…

• 16Retroactivity

  16 If it so provides, a regulation is effective with respect to a period before it is filed.

• 17Adoption of documents in regulations

  17 (1) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted. Rolling incorporation by reference (2) The power to adopt by reference and require compliance with a document in subsection (1) includes the power to adopt a document as it may be amended from time to time. Same (3) The adoption by reference of an amendment to a document comes into effect on publication of a notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993.

• 18

  18 Omitted (provides for coming into force of provisions of this Act).

• 19

  19 Omitted (enacts short title of this Act). ______________