Environmental Assessment Act

PART I INTERPRETATION AND APPLICATION

1 (1) In this Act, “air” includes enclosed air; (“air”) “designated project” means a Part II.3 project or a Part II.4 project; (“projet désigné”) “Director” means a person appointed under section 31.1 to act as a Director; (“directeur”) “environment” means, (a) air, land or water, (b) plant and animal life, including human life, (c) the social, economic and cultural conditions that influence the life of humans or a community, (d) any building, structure, machine or other device or thing made by humans, (e) any solid, liquid, gas, odour, heat, sound, vibration or radiation resulting directly or indirectly from human activities, or (f) any part or combination of the foregoing and the interrelationships between any two or more of them, in or of Ontario; (“environnement”) “land” includes enclosed land, land covered by water and subsoil; (“terrain”) “Minister” means the Minister of the Enviro…

2 The purpose of this Act is the betterment of the people of the whole or any part of Ontario by providing for the protection, conservation and wise management in Ontario of the environment. R.S.O. 1990, c. E.18, s. 2.

2.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2020, c. 18, Sched. 6, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 2 - 21/07/2020

3 (1) The Lieutenant Governor in Council may make regulations designating projects as projects to which Part II.3 or II.4 apply. 2020, c. 18, Sched. 6, s. 3 (2). Same (2) A regulation under subsection (1) may designate a project or a class of projects. It may also describe a designated project with reference to a proponent or a class of proponents. 2020, c. 18, Sched. 6, s. 3 (2). Same, ancillary activities (3) A project that is designated under subsection (1) includes any enterprise or activity that is ancillary to that project. 2020, c. 18, Sched. 6, s. 3 (2). Same, ancillary project (4) A project that is designated as a Part II.3 project includes any Part II.4 project that is ancillary to the Part II.3 project and that has the same proponent as the Part II.3 project. The Part II.4 project shall be deemed not to be a Part II.4 project for the purposes of this Act. 2020, c. 18, Sched. 6…

3.0.1 (1) A person who carries out, proposes to carry out or is the owner or person having charge, management or control of a project that is not a designated project may enter into a written agreement with the Minister to have all or part of this Act and of the regulations apply to the project. 2020, c. 18, Sched. 6, s. 4 (2). Deemed Part II.3 or Part II.4 projects (2) If an agreement is entered into under subsection (1) with respect to a project and the agreement provides for Part II.3 or Part II.4 of this Act to apply with respect to the project, that project is deemed to be a Part II.3 project or a Part II.4 project, as the case may be. 2020, c. 18, Sched. 6, s. 4 (2). Deemed Part II.1 projects (3) If an agreement is entered into under subsection (1) with respect to a project and the agreement provides for Part II.1 of this Act to apply with respect to the project, that project is de…

3.0.2 (1) In this section, “Eagle’s Nest Agreement” means the agreement entered into under section 3.0.1 between the Minister of the Environment and Noront Resources Ltd., its agents, successors and assigns, having an effective date of September 9, 2011 and available on a website of the Government of Ontario, concerning various enterprises or activities for or related to the proposed Eagle’s Nest multi-metal mine in Northern Ontario near McFaulds Lake; (“entente Eagle’s Nest”) “Eagle’s Nest Approval” means the approval, issued on June 18, 2015 under subsection 6 (4) as that subsection read on that date and available on a website of the Government of Ontario, of terms of reference for the preparation of an environmental assessment concerning various enterprises or activities for or related to the proposed Eagle’s Nest multi-metal mine in Northern Ontario near McFaulds Lake. (“approbation …

3.1 (1) This section applies if, (a) another jurisdiction imposes requirements with respect to an undertaking to which this Act applies or with respect to a designated project; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause 3.1 (1) (a) of the Act is amended by striking out “with respect to an undertaking to which this Act applies or”. (See: 2020, c. 18, Sched. 6, s. 5 (4)) (b) the Minister considers the requirements imposed by the other jurisdiction to be equivalent to the requirements imposed by this Act. 2020, c. 18, Sched. 6, s. 5 (3). Order to vary or dispense (2) The Minister may by order vary or dispense with a requirement imposed under this Act with respect to the undertaking or designated project if, (a) both jurisdictions have agreed to harmonization or substitution of requirements in relation to the undertaking or project; or (b) there is an a…

3.2 (1) Subject to subsection (1.1), the Minister may by order, with the approval of the Lieutenant Governor in Council or of such ministers of the Crown as the Lieutenant Governor in Council may designate, (a) declare that this Act, the regulations, any provision of this Act or the regulations or any matter provided for under this Act does not apply with respect to an undertaking, class of undertakings, designated project, class of designated projects, person or class of persons; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 3.2 (1) (a) of the Act is amended by striking out “an undertaking, class of undertakings, designated project” and substituting “a designated project”. (See: 2020, c. 18, Sched. 6, s. 6 (2)) (b) suspend or revoke the declaration; (c) impose conditions on the declaration; or (d) amend or revoke conditions imposed on the declaration. 202…

3.3 Repealed: 2020, c. 18, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2006, c. 11, Sched. B, s. 5 - 01/01/2007 2020, c. 18, Sched. 6, s. 7 - 22/02/2024

4 This Act binds the Crown. R.S.O. 1990, c. E.18, s. 4.

4.1 Section 21.2 (power to review) of the Statutory Powers Procedure Act does not apply with respect to decisions made under this Act. 2020, c. 18, Sched. 6, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 8 - 21/07/2020

4.2 A decision of the Minister or Director under this Act is not invalid solely on the ground that the decision was not made before the applicable deadline. 2020, c. 18, Sched. 6, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 8 - 21/07/2020 PART II (S. 5-12.4) Repealed: 2020, c. 18, Sched. 6, s. 20.

5 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 9 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

5.1 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

6 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (2, 3) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

6.0.1 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 10 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

6.1-6.3 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

6.4 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (4) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

6.5 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 11 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

7 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (5) - 06/12/2000 2020, c. 18, Sched. 6, s. 12 (1-3) - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

7.1 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

7.2-8 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

9 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 13 (1, 2) - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

9.1-9.3 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

10 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 14 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

11 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (3, 4) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 2021, c. 4, Sched. 6, s. 44 (1) - 01/06/2021

11.1 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

11.2 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (6, 7) - 06/12/2000; 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 15 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

11.3 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

11.4 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2019, c. 9, Sched. 6, s. 2 (1, 2) - 06/06/2019 2020, c. 18, Sched. 6, s. 16 (1, 2) - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

11.5 Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 17 - no effect - see 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

12 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 18 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

12.1 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

12.2 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 19 (1, 2) - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

12.3 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - 22/02/2024

12.4 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2019, c. 9, Sched. 6, s. 3 (1, 2) - 06/06/2019 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 Note: On a day to be named by proclamation of the Lieutenant Governor, Part II.1 of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 26)

PART II.1 CLASS ENVIRONMENTAL ASSESSMENTS

13 On and after the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent, no application for approval of a class environmental assessment shall be submitted and any application in respect of which no approval has been given under this Part before that day shall be terminated. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020, 2020, c. 18, Sched. 6, s. 26 - not in force

13.1 Repealed: 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020

13.2 Repealed: 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2001, c. 9, Sched. G, s. 3 (5) - 29/06/2001 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020

14 In this Part, “change to an undertaking” means a change to an undertaking that is proposed after the undertaking is authorized to proceed under an approved class environmental assessment and is provided for in the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2019, c. 9, Sched. 6, s. 4 - 06/06/2019 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force

15 Sections 15.1 to 17 apply in respect of undertakings to which one of the following approved class environmental assessments, as amended or renamed from time to time, applies: 1. GO Transit Class Environmental Assessment Document approved by the Lieutenant Governor in Council on December 13, 1995 under Order in Council 2316/1995. 2. Class Environmental Assessment for Provincial Transportation Facilities approved by the Lieutenant Governor in Council on October 6, 1999 under Order in Council 1653/1999. 3. Municipal Class Environmental Assessment approved by the Lieutenant Governor in Council on October 4, 2000 under Order in Council 1923/2000. 4. Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects approved by the Lieutenant Governor in Council on December 11, 2002 under Order in Council 2211/2002. 5. Class Environmental Assessment for Remedial F…

15.1 (1) The proponent of an undertaking referred to in section 15 who issues a notice of completion or a notice of addendum under an approved class environmental assessment shall submit a copy of the notice to the Director in the manner specified by the Director. 2020, c. 18, Sched. 6, s. 21 (1). (2) Repealed: 2023, c. 5, Sched. 1, s. 1. Extension of comment period (3) If a proponent of an undertaking referred to in section 15 extends the comment period provided for in a notice of completion or a notice of addendum in accordance with the approved class environmental assessment, the proponent shall give the Director notice of the extension. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force 2023, c. 5, Sched. 1, s. 1 - 18/05/2023

15.1.1 (1) No person shall proceed with an undertaking referred to in section 15 unless the person does so in accordance with the approved class environmental assessment and with subsections (5) to (9). 2020, c. 18, Sched. 6, s. 21 (1, 2). Exception (2) Despite subsection (1), a proponent of an undertaking referred to in section 15 may apply under subsection 17.2 (1) to the Minister for approval to proceed with the undertaking as a Part II.3 project. On and after the day the proponent applies under subsection 17.2 (1), the undertaking shall be deemed to be a Part II.3 project and Part II.3 applies in respect of it instead of this section. 2020, c. 18, Sched. 6, s. 21 (3). Same (3) Subsection (2) ceases to apply if the application for approval to proceed with the undertaking as a Part II.3 project is withdrawn by the proponent. 2020, c. 18, Sched. 6, s. 21 (3). Same (4) Despite subsection…

15.1.2 (1) Before a proponent is authorized to proceed with an undertaking referred to in section 15, a person may, (a) take any action in connection with the undertaking that may be necessary to comply with this Act; (b) acquire property or rights in property in connection with the undertaking; (c) prepare a feasibility study and engage in research in connection with the undertaking; or (d) establish a reserve fund or another financing mechanism in connection with the undertaking. 2020, c. 18, Sched. 6, s. 21 (1). Restriction on issuing certain documents (2) No person shall issue a document evidencing that an authorization required at law to proceed with the undertaking has been given until the proponent is authorized to proceed with the undertaking under an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Exception (3) Despite subsection (2), a document descri…

15.1.3 (1) If there is a change in circumstances or new information concerning the approval of a class environmental assessment listed in section 15 and if the Minister considers it appropriate to do so, he or she may reconsider the approval under this section. 2020, c. 18, Sched. 6, s. 21 (1). Same (2) The Minister may request the Tribunal to determine whether it is appropriate to reconsider the approval. 2020, c. 18, Sched. 6, s. 21 (1). Same (3) The Minister may refer the reconsideration of the approval of a class environmental assessment under this section to the Tribunal and, in that case, the Tribunal may conduct the reconsideration instead of the Minister. 2020, c. 18, Sched. 6, s. 21 (1). Minister may require plans, etc. (4) For the purposes of making a decision under this section, the Minister or the Tribunal may, by order, require a person given approval in respect of a class e…

15.1.4 The Lieutenant Governor in Council may by regulation amend or revoke an approval of a class environmental assessment or amend an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 22. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 22 - 01/01/2022; 2020, c. 18, Sched. 6, s. 26 - not in force

15.2 (1) This section applies if an approved class environmental assessment provides that only certain proponents or classes of proponents may proceed with undertakings in accordance with it. 1996, c. 27, s. 3. Regulations (2) The Lieutenant Governor in Council may, by regulation, authorize additional proponents or classes of proponents to proceed with undertakings in accordance with a specified class environmental assessment, may impose conditions on the proponents’ doing so and may vary the class environmental assessment as it applies to those proponents. 1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 26 - not in force

15.3 (1) A class environmental assessment as it is approved or amended may provide that this Act does not apply with respect to one or more undertakings within the class, including as a result of the evaluation of screening criteria specified within the class environmental assessment. 2019, c. 9, Sched. 6, s. 5. Exemption of undertakings (2) An undertaking provided for in subsection (1) is exempt from this Act. 2019, c. 9, Sched. 6, s. 5. Specific exemptions that are based on meeting criteria (3) Where a proponent determines that it is not required to conduct further assessment or public consultation in respect of an undertaking based on evaluation of screening criteria specified within one of the following class environmental assessments, as amended or re-named from time to time before May 1, 2019, that undertaking is exempt from this Act as long as any conditions specified within the c…

15.4 (1) The Minister may amend an approved class environmental assessment in accordance with this section. 2019, c. 9, Sched. 6, s. 5. Notice and comment (2) When the Minister is considering amending an approved class environmental assessment under this section, the Minister shall ensure that adequate public notice of the proposed amendment is provided and that members of the public have an opportunity to comment on it. 2019, c. 9, Sched. 6, s. 5; 2020, c. 18, Sched. 6, s. 24. Approval (3) The Minister may amend an approved class environmental assessment if the Minister is satisfied that the amendments are consistent with the purpose of this Act and the public interest. 2019, c. 9, Sched. 6, s. 5. Reasons (4) When amending or refusing to amend an approved class environmental assessment, the Minister shall give written reasons to the person given approval in respect of the class environm…

16 (1) The Minister may make an order declaring a proposed undertaking referred to in section 15 to be a Part II.3 project. 2020, c. 18, Sched. 6, s. 25 (2). Same (2) In an order under subsection (1), the Minister may do the following: 1. Set out directions with respect to the terms of reference governing the preparation of an environmental assessment for the project. 2. Declare that the proponent has satisfied such requirements for the preparation of an environmental assessment as are specified in the order. 2020, c. 18, Sched. 6, s. 25 (1, 3). Order imposing additional conditions (3) The Minister may by order impose conditions on an undertaking referred to in section 15, in addition to the conditions that were imposed upon the approval of the class environmental assessment. 2020, c. 18, Sched. 6, s. 25 (1). Same (4) An order under subsection (1) or (3) may be made on the initiative of …

16.1 (1) The Minister shall not make an order under subsection 16 (1) or (3) on his or her own initiative if more than 30 days, or such other number of days as may be prescribed, has elapsed after the end of the comment period provided for in a notice of completion issued under the approved class environmental assessment, as that comment period may be extended in accordance with the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 25 (1). Notice of proposed order (2) Despite subsection (1), the Minister may make an order under subsection 16 (1) or (3) on his or her own initiative after the time limit described in subsection (1) if before the time limit has elapsed the Director gives the proponent notice that the Minister is considering making the order. 2020, c. 18, Sched. 6, s. 25 (1). New time limit (3) If notice of a proposed order is given by the Director under subs…

17 (1) A class environmental assessment approved by the Minister before this Part comes into force shall be deemed to have been approved under this Part and to have been valid from the date on which it was approved. 1996, c. 27, s. 3. Same (2) A class environmental assessment approved by the Minister before this Part comes into force shall be deemed to comply with this Part. 1996, c. 27, s. 3. Same (3) Section 16 applies with respect to an undertaking commenced after this Part comes into force that is proceeding in accordance with a class environmental assessment approved by the Minister before this Part comes into force. 1996, c. 27, s. 3. Same (4) Section 12.4 applies with necessary modifications with respect to a class environmental assessment. 1996, c. 27, s. 3. Transition: amendments to class environmental assessments (5) An amendment to a class environmental assessment made before …

17.1 Repealed: 2020, c. 18, Sched. 6, s. 28. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 27 - 21/07/2020; 2020, c. 18, Sched. 6, s. 28 - 22/02/2024

Part II.3 Comprehensive Environmental Assessments

17.2 (1) Every proponent who wishes to proceed with a Part II.3 project shall apply to the Minister for approval to do so. 2020, c. 18, Sched. 6, s. 29. Application (2) The application consists of the proposed terms of reference submitted under subsection 17.4 (1) and the environmental assessment subsequently submitted under subsection 17.7 (1). 2020, c. 18, Sched. 6, s. 29. Form, manner of application (3) An application shall be submitted to the Minister in the form and manner specified by the Director. 2020, c. 18, Sched. 6, s. 29. Prohibition (4) No person shall proceed with a Part II.3 project unless the Minister gives his or her approval to proceed under section 17.15 or the Tribunal gives its approval under section 17.16. 2020, c. 18, Sched. 6, s. 29. Same (5) No person shall proceed with a Part II.3 project in a manner inconsistent with a condition imposed by the Minister or the T…

17.3 When preparing proposed terms of reference and an environmental assessment, the proponent shall consult with such persons as may be interested. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024

17.4 (1) The proponent shall give the Ministry proposed terms of reference governing the preparation of an environmental assessment for the Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Same (2) The proposed terms of reference must, (a) indicate that the environmental assessment will be prepared in accordance with the requirements set out in subsection 17.6 (2); (b) indicate that the environmental assessment will be prepared in accordance with such requirements as may be prescribed for the class of Part II.3 project the proponent wishes to proceed with, which may include requirements to provide information that is greater than or less than what is required under subsection 17.6 (2); or (c) specify in detail the requirements for the preparation of the environmental assessment, which may include requirements to provide information that is greater than or less than what is required under…

17.5 (1) In this section, “area of settlement” has the same meaning as in subsection 1 (1) of the Planning Act; (“zone de peuplement”) “landfilling site” means a waste disposal site where landfilling occurs; (“lieu d’enfouissement”) “parcel of land” has the same meaning as in subsection 46 (1) of the Planning Act; (“parcelle de terrain”) “waste disposal site” has the same meaning as in Part V of the Environmental Protection Act. (“lieu d’élimination des déchets”) 2020, c. 18, Sched. 6, s. 29. Same (2) For the purposes of this section, the following terms have the meaning assigned to them under subsection 1 (1) of the Municipal Act, 2001: 1. Local municipality. 2. Municipality. 2020, c. 18, Sched. 6, s. 29. Application (3) This section applies in respect of a proponent who wishes to proceed with a Part II.3 project to establish a waste disposal site that is a landfilling site. 2020, c. 18…

17.6 (1) The proponent shall prepare an environmental assessment for a Part II.3 project in accordance with the approved terms of reference. 2020, c. 18, Sched. 6, s. 29. Contents (2) Subject to clauses 17.4 (2) (b) and (c), the environmental assessment must consist of, (a) a description of the purpose of the project; (b) a description of and a statement of the rationale for, (i) the Part II.3 project, (ii) the alternative methods of carrying out the Part II.3 project, and (iii) the alternatives to the Part II.3 project; (c) a description of, (i) the environment that will be affected or that might reasonably be expected to be affected, directly or indirectly, (ii) the effects that will be caused or that might reasonably be expected to be caused to the environment, and (iii) the actions necessary or that may reasonably be expected to be necessary to prevent, change, mitigate or remedy the…

17.7 (1) After receiving notice that the terms of reference of a Part II.3 project are approved by the Minister, the proponent shall submit an environmental assessment for the project to the Ministry. 2020, c. 18, Sched. 6, s. 29. Time limits (2) A time period within which a proponent must submit an environmental assessment for a Part II.3 project to the Ministry may be set out in the approved terms of reference or may be prescribed. 2020, c. 18, Sched. 6, s. 29. Compliance with time limits (3) A proponent of a Part II.3 project shall submit the environmental assessment for the project, (a) within the time period set out in the approved terms of reference, if any; or (b) if no time period is set out in the approved terms of reference, within any prescribed time period. 2020, c. 18, Sched. 6, s. 29. Extension of deadline (4) Any time period for the submission of an environmental assessmen…

17.8 (1) The proponent shall give public notice of the submission of the environmental assessment and shall do so by the prescribed deadline and in the form and manner as the Director may require. 2020, c. 18, Sched. 6, s. 29. Same (2) The public notice must indicate where and when members of the public may inspect the environmental assessment, state that they may give their comments about it to the Ministry and contain such other information as the Director may require. 2020, c. 18, Sched. 6, s. 29. Notice to clerk of a municipality (3) The proponent shall give the information contained in the public notice to the clerk of each municipality in which the Part II.3 project is to be carried out and shall do so by the deadline for giving the public notice. 2020, c. 18, Sched. 6, s. 29. Notice to other persons (4) The proponent shall give the information contained in the public notice to suc…

17.9 (1) Any person may inspect the environmental assessment in the places and at the times set out in the public notice. 2020, c. 18, Sched. 6, s. 29. Comments (2) Any person may comment in writing on the Part II.3 project or on the environmental assessment to the Ministry and, if the person wishes the comments to be considered during the preparation of the Ministry review, shall submit the comments by the prescribed deadline. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024

17.10 In addition to complying with any requirements under this Act with respect to public notice, a proponent shall make available such information as the Director may require with respect to the application and the Part II.3 project in such form and manner as the Director may require. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024

Ministry Review

17.11 (1) The Ministry shall prepare a review of the environmental assessment and shall take into account any comments received from members of the public by the deadline prescribed under subsection 17.9 (2). 2020, c. 18, Sched. 6, s. 29. Completion date (2) The review must be completed by the prescribed deadline. 2020, c. 18, Sched. 6, s. 29. Extension (3) The deadline for completing the review may be extended by the Director for a prescribed reason or for an unusual, unexpected or urgent reason that the Director considers compelling. The Director shall notify such persons as he or she considers appropriate if the deadline is extended. 2020, c. 18, Sched. 6, s. 29. Deficient environmental assessment (4) If the Director considers that the environmental assessment is deficient in relation to the approved terms of reference and the purpose of this Act, the Director may give the proponent a…

17.12 (1) The Director shall notify the proponent and the clerk of each municipality in which the Part II.3 project is to be carried out when the Ministry review is completed. 2020, c. 18, Sched. 6, s. 29. Public notice (2) The Director shall give public notice of the completion of the review in such form and manner as the Director considers suitable. 2020, c. 18, Sched. 6, s. 29. Same (3) The public notice must indicate where and when members of the public may inspect the review and state that they may give their comments about it to the Ministry. It must also contain such other information as may be prescribed. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024

17.13 (1) Any person may inspect the Ministry review in the places and at the times set out in the public notice. 2020, c. 18, Sched. 6, s. 29. Comments (2) Any person may comment in writing on the Part II.3 project, the environmental assessment and the review to the Ministry and, if the person wishes the comments to be considered when the Minister decides the proponent’s application, shall submit the comments by the prescribed deadline. 2020, c. 18, Sched. 6, s. 29. Request for hearing (3) Any person may request that the Minister refer the proponent’s application or a matter that relates to it to the Tribunal for hearing and decision. 2020, c. 18, Sched. 6, s. 29. Same (4) A request under subsection (3) must be made in writing to the Ministry before the deadline for submitting comments on the review. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18…

Decisions on the Application

17.14 (1) Before the application is decided, the Minister may appoint one or more persons to act as mediators who shall endeavour to resolve such matters as may be identified by the Minister as being in dispute or of concern in connection with the Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Same (2) The Minister may appoint the Tribunal to act as mediator. 2020, c. 18, Sched. 6, s. 29. Notice of mediation (3) The Minister shall notify the following persons of his or her decision to refer certain matters to mediation and shall give them written reasons for the decision: 1. The proponent. 2. The clerk of each municipality in which the Part II.3 project is to be carried out. 3. Every person who submitted comments under subsection 17.9 (2) or 17.13 (2). 4. Such other persons as the Minister considers appropriate. 2020, c. 18, Sched. 6, s. 29. Parties (4) The parties to the mediation are…

17.15 (1) The Minister may decide an application and, with the approval of the Lieutenant Governor in Council or of such ministers of the Crown as the Lieutenant Governor in Council may designate, the Minister may, (a) give approval to proceed with the Part II.3 project; (b) give approval to proceed with the Part II.3 project subject to such conditions as the Minister considers necessary to carry out the purpose of this Act and in particular requiring or specifying, (i) the methods and phasing of the carrying out of the Part II.3 project, (ii) the works or actions to prevent, mitigate or remedy effects of the Part II.3 project on the environment, (iii) such research, investigations, studies and monitoring programs related to the Part II.3 project, and reports thereof, as the Minister considers necessary, (iv) such changes in the Part II.3 project as the Minister considers necessary, (v) …

17.16 (1) The Minister may refer an application to the Tribunal for a decision. 2020, c. 18, Sched. 6, s. 29. Powers of Tribunal (2) The Tribunal may make any decision the Minister is permitted to make under subsection 17.15 (1). 2020, c. 18, Sched. 6, s. 29. Basis for decision (3) The Tribunal shall consider the following things when deciding an application: 1. The purpose of this Act. 2. The approved terms of reference for the environmental assessment. 3. The environmental assessment. 4. The Ministry review of the environmental assessment. 5. The comments submitted under subsections 17.9 (2) and 17.13 (2). 6. If a mediators’ report has been given to the Minister under section 17.14, any portion of the report that has been made public. 2020, c. 18, Sched. 6, s. 29. Same (4) The decision of the Tribunal must be consistent with the approved terms of reference for the environmental assessm…

17.17 (1) The Minister may refer to the Tribunal for hearing and decision a matter that relates to an application. 2020, c. 18, Sched. 6, s. 29. Restrictions (2) The Minister may give such directions or impose such conditions on the referral as the Minister considers appropriate and may amend the referral. 2020, c. 18, Sched. 6, s. 29. Proposed decision (3) The Minister shall inform the Tribunal of decisions that the Minister proposes to make on matters not referred to the Tribunal in connection with the application. 2020, c. 18, Sched. 6, s. 29. Notice of referral (4) The Minister shall give notice of the referral to the proponent and to every person who submitted comments to the Ministry under subsection 17.13 (2) and shall give them the information given to the Tribunal under subsection (3). 2020, c. 18, Sched. 6, s. 29. Basis for decision (5) The Tribunal shall observe any directions…

17.18 (1) This section applies if under subsection 17.13 (3) a person requests the Minister to refer an application or a matter that relates to one to the Tribunal for hearing and decision. 2020, c. 18, Sched. 6, s. 29. Referral of application (2) If referral of the application is requested, the Minister shall refer the application to the Tribunal under section 17.16 unless in his or her absolute discretion, (a) the Minister considers the request to be frivolous or vexatious; (b) the Minister considers a hearing to be unnecessary; or (c) the Minister considers that a hearing may cause undue delay in determining the application. 2020, c. 18, Sched. 6, s. 29. Same, related matter (3) If referral of a matter that relates to the application is requested, the Minister shall refer the matter to the Tribunal under section 17.17 except in the circumstances described in subsection (2). 2020, c. 1…

17.19 (1) Once the deadline has passed for submitting comments on the Ministry review of an environmental assessment, the Minister shall determine by the prescribed deadline whether to refer a matter in connection with the application to mediation or to the Tribunal under section 17.17. 2020, c. 18, Sched. 6, s. 29. Same (2) By the prescribed deadline, the Minister shall decide the application under section 17.15 or refer it to the Tribunal for a decision under section 17.16. 2020, c. 18, Sched. 6, s. 29. Different deadlines (3) For the purpose of subsection (2), different deadlines may be prescribed for applications in which a matter is referred to mediation or to the Tribunal under section 17.17 and for applications in which no referral is made. 2020, c. 18, Sched. 6, s. 29. Same (4) If the Minister has not made a decision under subsection (2) by the prescribed deadline, the Minister s…

17.20 (1) The Minister may refer to a tribunal (other than the Ontario Land Tribunal) or an entity for decision a matter that relates to an application if the Minister considers it appropriate in the circumstances. 2020, c. 18, Sched. 6, s. 29; 2021, c. 4, Sched. 6, s. 44 (2). Deadline for referring (2) The Minister shall make any decision to refer a matter to the tribunal or entity by the deadline by which the application must otherwise be decided. 2020, c. 18, Sched. 6, s. 29. Restrictions (3) The Minister may give such directions or impose such conditions on the referral as the Minister considers appropriate and may direct that the matter be decided without a hearing, whether or not a hearing on the matter is otherwise required. 2020, c. 18, Sched. 6, s. 29. Same (4) If the Minister refers a matter under this section, the Minister shall refer it to the tribunal or entity, if any, that…

17.21 (1) The Minister may defer deciding a matter that relates to an application if the Minister considers it appropriate to do so because the matter is being considered in another forum or for scientific, technical or other reasons. 2020, c. 18, Sched. 6, s. 29. Same, Tribunal (2) The Tribunal may defer deciding a matter that relates to an application if the Tribunal considers it appropriate to do so because the matter is being considered in another forum or for scientific, technical or other reasons. 2020, c. 18, Sched. 6, s. 29. Deadline (3) The Minister or the Tribunal shall make any decision to defer deciding a matter by the deadline by which the application must otherwise be decided. 2020, c. 18, Sched. 6, s. 29. Notice of deferral (4) The Minister or the Tribunal shall give notice of the deferral to the proponent and to every person who submitted comments to the Ministry under su…

17.22 (1) The Minister may review a decision of the Tribunal under section 17.16 and may make an order or give a notice described in subsection (3) within 28 days after receiving a copy of the decision or within such longer period as the Minister may determine within that 28-day period. 2020, c. 18, Sched. 6, s. 29. Same; s. 17.17 (2) The Minister may review a decision of the Tribunal under section 17.17 and may make an order or give a notice described in subsection (3) at any time before the Minister decides the application under section 17.15. 2020, c. 18, Sched. 6, s. 29. Order (3) With the approval of the Lieutenant Governor in Council or such ministers of the Crown as the Lieutenant Governor in Council may designate, the Minister may, (a) by order, vary the decision of the Tribunal; (b) by order, substitute his or her decision for the decision of the Tribunal; or (c) by a notice to …

17.23 A decision of the Tribunal is effective only after the expiry of the period under section 17.22 during which the Minister may review it and make an order or give a notice in respect of it. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024

17.24 (1) If there is a change in circumstances or new information concerning an application and if the Minister considers it appropriate to do so, he or she may reconsider an approval given by the Minister or the Tribunal to proceed with a Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Same (2) The Minister may request the Tribunal to determine whether it is appropriate to reconsider an approval. 2020, c. 18, Sched. 6, s. 29. Same (3) The Minister may request the Tribunal to reconsider an approval given by the Minister or the Tribunal. 2020, c. 18, Sched. 6, s. 29. Minister may require plans, etc. (4) For the purposes of making a decision under this section, the Minister or the Tribunal may, by order, require the proponent of the Part II.3 project to provide plans, specifications, technical reports or other information and to carry out and report on tests or experiments relating to th…

17.25 (1) Subject to subsection (5), this section applies in respect of an approval to proceed with a Part II.3 project if the approval does not specify a period of time following the giving of the approval after which the approval expires or a date after which a proponent cannot proceed under the approval. 2020, c. 18, Sched. 6, s. 29. Expiry (2) If the Part II.3 project has not been substantially commenced by the 10th anniversary of the day approval to proceed with the project was given under this Act or by the end of any extension to that 10-year period granted by the Minister under subsection (3), the approval expires on the later of, (a) the 10th anniversary or the end of the extended period, as the case may be; or (b) the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force. 2020, c. 18, Sched. 6, s. 29. Extension (3) The Minister may, by notice…

Other Matters

17.26 (1) A proponent may submit a second environmental assessment to replace an environmental assessment withdrawn by the proponent or rejected by the Minister. 2020, c. 18, Sched. 6, s. 29. Same (2) The second environmental assessment must be prepared in accordance with the approved terms of reference. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024

17.27 (1) Before a proponent receives approval to proceed with a Part II.3 project, a person may, (a) take any action in connection with the Part II.3 project that may be necessary to comply with this Act; (b) acquire property or rights in property in connection with the Part II.3 project; (c) prepare a feasibility study and engage in research in connection with the Part II.3 project; (d) establish a reserve fund or another financing mechanism in connection with the Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Restriction on issuing certain documents (2) No person shall issue a document evidencing that an authorization required at law to proceed with the Part II.3 project has been given until the proponent receives approval under this Act to proceed with the Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Exception (3) Despite subsection (2), a document described in that subsection …

17.28 Section 17.24 applies in respect of an environmental assessment to which all or part of Part II or a predecessor to that Part applied, and such an environmental assessment is deemed to be an application for the purpose of section 17.24. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Exemption, Chatham-Kent Waste Disposal Site

17.28.1 (1) In this section, “designated activities” means the activities that are designated by Ontario Regulation 50/24 (Part II.3 Projects – Designations and Exemptions) made under the Act as a project to which Part II.3 applies; (“activités désignées”) “waste disposal site activities” means the activities designated under section 2 of Ontario Regulation 284/24 (Designation – Chatham-Kent Waste Disposal Site) made under the Act as it read immediately before it was revoked. (“activités au lieu d’élimination des déchets”) 2025, c. 4, Sched. 3, s. 2 (1). Exemption re Part II.3 (2) Any waste disposal site activities that are designated activities are exempt from Part II.3. 2025, c. 4, Sched. 3, s. 2 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, section 17.28.1 of the Act is repealed. (See: 2025, c. 4, Sched. 3, s. 2 (2)) Section Amendments with date in fo…

Part II.4 Streamlined Environmental Assessments

17.29 (1) No person shall proceed with a Part II.4 project until the person has satisfied the prescribed requirements for commencing the project, including the completion of a prescribed environmental assessment process. 2020, c. 18, Sched. 6, s. 30. Exception (2) Despite subsection (1), a proponent of a Part II.4 project may apply under subsection 17.2 (1) to the Minister for approval to proceed with the Part II.4 project as a Part II.3 project. On and after the day the proponent applies under subsection 17.2 (1), the project shall be deemed to be a Part II.3 project and Part II.3 applies in respect of it instead of this section. 2020, c. 18, Sched. 6, s. 30. Same (3) Subsection (2) ceases to apply if the application for approval to proceed with a project as a Part II.3 project is withdrawn by the proponent. 2020, c. 18, Sched. 6, s. 30. Same (4) Despite subsection (1), if the Minister …

17.30 (1) Before the proponent of a Part II.4 project has satisfied the prescribed requirements for commencing the project, a person may, (a) take any action in connection with the project that may be necessary to comply with this Act; (b) acquire property or rights in property in connection with the project; (c) prepare a feasibility study and engage in research in connection with the project; or (d) establish a reserve fund or another financing mechanism in connection with the project. 2020, c. 18, Sched. 6, s. 30. Restriction on issuing certain documents (2) No person shall issue a document evidencing that an authorization required at law to proceed with the project has been given until the proponent has satisfied the prescribed requirements for commencing the project. 2020, c. 18, Sched. 6, s. 30. Exception (3) Despite subsection (2), a document described in that subsection may be is…

17.31 (1) The Minister may make an order declaring a Part II.4 project to be a Part II.3 project for the purposes of this Act. 2020, c. 18, Sched. 6, s. 30. Same (2) In an order under subsection (1), the Minister may do the following: 1. Set out directions with respect to the terms of reference governing the preparation of an environmental assessment under Part II.3 for the project. 2. Declare that the proponent has satisfied such requirements for the preparation of an environmental assessment under Part II.3 as are specified in the order. 2020, c. 18, Sched. 6, s. 30. Same, additional requirements (3) The Minister may by order impose requirements on a Part II.4 project in addition to any prescribed requirements for commencing or proceeding with the project. 2020, c. 18, Sched. 6, s. 30. Same (4) An order under subsection (1) or (3) may be made on the initiative of the Minister or on the…

PART III TRIBUNAL PROCEEDINGS

18 This Part applies to proceedings before the Tribunal under this Act. 2000, c. 26, Sched. F, s. 11 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000

19 (1) The parties to a proceeding with respect to an application are the proponent or applicant, any person who under subsection 17.13 (3) requests the Minister to refer the application to the Tribunal, such other persons as the Tribunal considers have an interest in the application and such other persons as the Tribunal may specify having regard to the purpose of this Act. 2000, c. 26, Sched. F, s. 11 (5); 2020, c. 18, Sched. 6, s. 31. Public notice of hearing (2) The Tribunal shall give notice of its hearing to the public in such manner as the Minister may direct and to such other persons as the Minister may require. 2000, c. 26, Sched. F, s. 11 (5). Minister entitled to take part in proceedings (3) The Minister is entitled, by counsel or otherwise, to take part in proceedings before the Tribunal. 2000, c. 26, Sched. F, s. 11 (5). Section Amendments with date in force (d/m/y) 2000, c.…

20 (1) The Tribunal may render a decision without a hearing and may do so even though a matter is referred for hearing and decision. 2000, c. 26, Sched. F, s. 11 (5). Validity of decision (2) A decision of the Tribunal is not invalid solely on the ground that a matter was not addressed by testimony at a hearing. 2000, c. 26, Sched. F, s. 11 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000

21 Repealed: 2021, c. 4, Sched. 6, s. 44 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 2021, c. 4, Sched. 6, s. 44 (3) - 01/06/2021

22 The Tribunal shall give a copy of its decision on an application to the Minister, the parties, each person who submits comments under subsection 17.13 (2) and the clerk of each municipality in which the undertaking is to be carried out. 2000, c. 26, Sched. F, s. 11 (5); 2020, c. 18, Sched. 6, s. 32; 2021, c. 4, Sched. 6, s. 44 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 2020, c. 18, Sched. 6, s. 32 - 22/02/2024 2021, c. 4, Sched. 6, s. 44 (4) - 01/06/2021

23 Except as otherwise provided in this Act, the Statutory Powers Procedure Act applies to the proceedings of the Tribunal. 2000, c. 26, Sched. F, s. 11 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000

23.1 Subject to section 17.22, a decision of the Tribunal is final and not subject to appeal, and a decision of the Tribunal shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreasonable. 2000, c. 26, Sched. F, s. 11 (5); 2020, c. 18, Sched. 6, s. 33. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 2020, c. 18, Sched. 6, s. 33 - 22/02/2024

PART IV PROVINCIAL OFFICERS