O. Reg. 616/98: DEADLINES

Environmental Assessment Act

ontario REGULATION 616/98

DEADLINES

Historical version for the period February 16, 2024 to February 21, 2024.

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, the Regulation is amended by striking out “Board” wherever it appears and substituting in each case “Tribunal”. (See: O. Reg. 60/24, s. 1)

Last amendment: 60/24.

Legislative History: 60/24.

This is the English version of a bilingual regulation.

1. In this Regulation,

“business day” means a day that is not a holiday for public servants under the Public Service Act; (“jour ouvrable”)

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, the definition of “business day” in section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 60/24, s. 2)

“business day” means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006;

“week” means a calendar week, except that the two consecutive calendar weeks in which Christmas Day and New Year’s Day fall shall be considered as one week. (“semaine”) O. Reg. 616/98, s. 1.

2. (1) Subject to subsection (2), a deadline referred to in Column 1 of the Table shall be determined in accordance with the corresponding entry in Column 2 of the Table.

(2) Subject to subsection (3), if a proponent gives the Ministry a notice in writing indicating that the proponent wishes to amend proposed terms of reference governing the preparation of an environmental assessment, the deadline under subsection 6 (6) of the Act for the Minister to notify the proponent whether or not the proposed terms of reference are approved shall be the later of the following dates:

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, subsection 2 (2) of the Regulation is amended by striking out “subsection 6 (6)” and substituting “subsection 17.4 (13)”. (See: O. Reg. 60/24, s. 3 (1))

1. The last business day of the seventh week after the earlier of the following dates:

i. The date the proponent’s amendments to the proposed terms of reference are given to the Ministry.

ii. The date that is 56 days after the day the proponent gives the Ministry the notice indicating that the proponent wishes to amend the proposed terms of reference.

2. The date determined in accordance with subsection (1).

(3) Subsection (2) does not apply unless the following conditions are met:

1. The notice indicating that the proponent wishes to amend the proposed terms of reference must be given to the Ministry before the Minister notifies the proponent whether or not the proposed terms of reference are approved.

2. If a matter in connection with the proposed terms of reference has been referred to mediation under subsection 6 (5) of the Act, the notice indicating that the proponent wishes to amend the proposed terms of reference must not be given to the Ministry until after the mediator’s report is received by the Minister.  O. Reg. 616/98, s. 2.

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, paragraph 2 of subsection 2 (3) of the Regulation is amended by striking out “subsection 6 (5)” and substituting “subsection 17.4 (12)”. (See: O. Reg. 60/24, s. 3 (2))

3. (1) The portion of subsection 10 (2) of the Act that imposes a deadline on when the Minister must decide an application under section 9 of the Act or refer it to the Board for a decision under section 9.1 of the Act does not apply to the Minister if,

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, subsection 3 (1) of the Regulation is amended by striking out “subsection 10 (2)” and substituting “subsection 17.19 (2)” in the portion before clause (a), striking out “section 9” and substituting “section 17.15” in the portion before clause (a), and striking out “section 9.1” and substituting “section 17.16” in the portion before clause (a). (See: O. Reg. 60/24, s. 4 (1))

(a) the Minister refers a matter in connection with the application to mediation under section 8 of the Act;

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, clause (a) of subsection 3 (1) of the Regulation is amended by striking out “section 8” and substituting “section 17.14”. (See: O. Reg. 60/24, s. 4 (2))

(b) the Minister refers a matter in connection with the application to the Board under section 9.2 of the Act not later than the last business day of the seventh week after the Minister receives the mediator’s report; and

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, clause (b) of subsection 3 (1) of the Regulation is amended by striking out “section 9.2” and substituting “section 17.17”. (See: O. Reg. 60/24, s. 4 (3))

(c) the Minister decides the application under section 9 of the Act not later than the last business day of the seventh week after the Minister receives the decision of the Board.

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, clause (c) of subsection 3 (1) of the Regulation is amended by striking out “section 9” and substituting “section 17.15”. (See: O. Reg. 60/24, s. 4 (4))

(2) The portion of subsection 10 (2) of the Act that imposes a deadline on when the Minister must decide an application under section 9 of the Act or refer it to the Board for a decision under section 9.1 of the Act does not apply to the Minister if,

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, subsection 3 (2) of the Regulation is amended by striking out “subsection 10 (2)” and substituting “subsection 17.19 (2)” in the portion before clause (a),striking out “section 9” and substituting “section 17.15” in the portion before clause (a), and striking out “section 9.1” and substituting “section 17.16” in the portion before clause (a). (See: O. Reg. 60/24, s. 4 (5))

(a) the Minister refers a matter in connection with the application to the Board under section 9.2 of the Act;

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, clause (a) of subsection 3 (2) of the Regulation is amended by striking out “section 9.2” and substituting “section 17.17”. (See: O. Reg. 60/24, s. 4 (6))

(b) the Minister refers a matter in connection with the application to mediation under section 8 of the Act not later than the last business day of the seventh week after the Minister receives the decision of the Board; and

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, clause (b) of subsection 3 (2) of the Regulation is amended by striking out “section 8” and substituting “section 17.14”. (See: O. Reg. 60/24, s. 4 (7))

(c) the Minister decides the application under section 9 of the Act not later than the last business day of the seventh week after the Minister receives the mediator’s report.  O. Reg. 616/98, s. 3.

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, clause (c) of subsection 3 (2) of the Regulation is amended by striking out “section 9” and substituting “section 17.15”. (See: O. Reg. 60/24, s. 4 (8))

4. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 616/98, s. 4.

TABLE

 

Item	Column 1 Deadline	Column 2 Method of Determination
1.	Terms of Reference The deadline under subsection 6 (6) of the Act for the Minister to notify the proponent whether or not the proposed terms of reference are approved.	The last business day of, (a) the twelfth week after the proposed terms of reference are received by the Ministry under subsection 6 (1) of the Act, if there is no reference to mediation under subsection 6 (5) of the Act; or (b) the seventh week after the mediator’s report is received by the Minister, if there is a reference to mediation under subsection 6 (5) of the Act.
2.	Public Notice The deadline under subsection 6.3 (1) of the Act for the proponent to give public notice of the submission of the environmental assessment.	The later of, (a) the last business day of the second week after the environmental assessment is received by the Ministry under subsection 6.2 (1) of the Act; and (b) the last business day of the second week after the proponent is advised by the Director of any requirements of the Director under subsection 6.3 (1), (2) or (4) of the Act.
3.	Initial Comment Period The deadline under subsection 6.4 (2) of the Act for a person to comment to the Ministry, if the person wishes the comments to be considered during the preparation of the Ministry review.	The last business day of the seventh week after public notice is given under subsection 6.3 (1) of the Act.
4.	Review Completion The deadline under subsection 7 (2) of the Act for the completion of the review.	The last business day of the twelfth week after public notice is given under subsection 6.3 (1) of the Act.
5.	Final Comment Period The deadline under subsection 7.2 (2) of the Act for a person to comment to the Ministry, if the person wishes the comments to be considered when the Minister decides the proponent’s application.	The last business day of the fifth week after the Director gives public notice of the completion of the review under subsection 7.1 (2) of the Act.
6.	Minister’s Decision (Partial) The deadline under subsection 10 (1) of the Act for the Minister to determine whether to refer a matter in connection with an application to mediation or to the Board under section 9.2.	The last business day of the thirteenth week after the deadline for comments under subsection 7.2 (2) of the Act
7.	Minister’s Decision (Complete) The deadline under subsection 10 (2) of the Act for the Minister to decide the application under section 9 of the Act or refer it to the Board for a decision under section 9.1 of the Act.	The last business day of, (a) the thirteenth week after the deadline for comments under subsection 7.2 (2) of the Act, if there is no reference to mediation under section 8 of the Act or to the Board under section 9.2 of the Act; (b) the seventh week after the Minister receives the mediator’s report, if there is a reference to mediation under section 8 of the Act; or (c) the seventh week after the Minister receives the decision of the Board, if there is a reference to the Board under section 9.2 of the Act.

O. Reg. 616/98, Table.

Note: On February 22, 2024, the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, the Table to the Regulation is revoked and the following substituted: (See: O. Reg. 60/24, s. 5)

Table

 

Item	Column 1 Deadline	Column 2 Method of Determination
1.	Terms of reference The deadline under subsection 17.4 (13) of the Act for the Minister to notify the proponent whether or not the proposed terms of reference are approved.	The last business day of, (a) the twelfth week after the Ministry receives the proposed terms of reference that are required to be given under subsection 17.4 (1) of the Act, if there is no referral to mediation under subsection 17.4 (12) of the Act; or (b) the seventh week after the Minister receives the mediators’ report that is required to be given under subsection 17.14 (6) of the Act, if a matter is referred to mediation under subsection 17.4 (12) of the Act.
2.	Public notice re environmental assessment The deadline under subsection 17.8 (1) of the Act for the proponent to give public notice of the submission of the environmental assessment.	The later of, (a) the last business day of the second week after the Ministry receives the environmental assessment that is required to be submitted under subsection 17.7 (1) of the Act; and (b) the last business day of the second week after the Director advises the proponent of any requirements under subsection 17.8 (1), (2) or (4) of the Act.
3.	Initial comment period The deadline under subsection 17.9 (2) of the Act for a person to submit comments to the Ministry on the Part II.3 project or on the environmental assessment, if the person wishes the comments to be considered during the preparation of the Ministry review.	The last business day of the seventh week after the proponent gives public notice of the submission of the environmental assessment under subsection 17.8 (1) of the Act.
4.	Review completion The deadline under subsection 17.11 (2) of the Act for the Ministry to complete the review of the environmental assessment.	The last business day of the twelfth week after the proponent gives public notice of the submission of the environmental assessment under subsection 17.8 (1) of the Act.
5.	Final comment period The deadline under subsection 17.13 (2) of the Act for a person to submit comments to the Ministry on the Part II.3 project, the environmental assessment or the Ministry review, if the person wishes the comments to be considered when the Minister decides the proponent’s application.	The last business day of the fifth week after the Director gives public notice under subsection 17.12 (2) of the Act that the Ministry review of the environmental assessment is complete.
6.	Minister’s decision (partial) The deadline under subsection 17.19 (1) of the Act for the Minister to determine whether to refer a matter in connection with an application to mediation under section 17.14 of the Act or to the Tribunal under section 17.17 of the Act.	The last business day of the thirteenth week after the deadline set out in item 5 of this Table.
7.	Minister’s decision (complete) The deadline under subsection 17.19 (2) of the Act for the Minister to decide the application under section 17.15 of the Act or refer it to the Tribunal for a decision under section 17.16 of the Act.	The last business day of, (a) the thirteenth week after the deadline set out in item 5 of this Table, if there is no referral to mediation under section 17.14 of the Act or to the Tribunal under section 17.17 of the Act; (b) the seventh week after the Minister receives the mediator’s report, if there is a referral to mediation under section 17.14 of the Act; or (c) the seventh week after the Minister receives the decision of the Tribunal, if there is a referral to the Tribunal under section 17.17 of the Act.

O. Reg. 60/24, s. 5.