O. Reg. 63/24: REGISTRATIONS UNDER PART II.2 OF THE ACT - WATER TAKING

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ontario regulation 63/24

made under the

Environmental Protection Act

Made: February 15, 2024
Filed: February 16, 2024
Published on e-Laws: February 20, 2024
Published in The Ontario Gazette: March 2, 2024

Amending O. Reg. 63/16

(REGISTRATIONS UNDER PART II.2 OF THE ACT - WATER TAKING)

1. The definition of “undertaking” in section 1 of Ontario Regulation 63/16 is revoked.

2. (1) Subsection 4 (1) of the Regulation is revoked and the following substituted:

Registration requirements

(1) A person who proposes to engage in an activity prescribed by section 2 shall not register the activity in the Registry until the following conditions are met, as applicable:

1. The person proposing to engage in the activity has received a copy of a water body report that is prepared by a person who meets the qualifications set out in subsection (2) and includes the information and statements set out in subsection (3).

2. If the highway project or transit project forms part of a Part II.3 project to which the Environmental Assessment Act applies,

i. all of the requirements under Ontario Regulation 231/08 (Transit and Ontario Northland Transportation Commission Project Assessment Process) made under the Environmental Assessment Act that are necessary to proceed with the highway project or transit project have been met, and

ii. an approval has been given under Part II.3 of the Environmental Assessment Act to proceed with the Part II.3 project.

3. If the highway project or transit project forms part of an undertaking to which the Environmental Assessment Act applies,

i. a class environmental assessment approved under Part II.1 of the Environmental Assessment Act applies to the undertaking,

ii. all of the requirements that are necessary to proceed with the undertaking under the class environmental assessment have been satisfied, and

iii. no order has been issued under subsection 16 (1) of that Act.

(2) Section 4 of the Regulation is amended by adding the following subsection:

(4) In this section,

“Part II.3 project” and “undertaking” have the same meaning as in the Environmental Assessment Act.

3. The definition of “construction project” in section 6 of the Regulation is amended by striking out “or undertaking”.

Commencement

4. This Regulation comes into force on the later of the day subsection 3 (2) of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force and the day this Regulation is filed.

 

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