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ontario regulation 129/01

made under the

environmental bill of rights, 1993

Made:  April 25, 2001
Filed:  April 27, 2001
Printed in The Ontario Gazette: May 12, 2001

Amending O. Reg. 73/94

(General)

1. Section 3 of Ontario Regulation 73/94 is amended by adding the following subsections:

(2) Clauses 29 (1) (a) and (c) and section 34 of the Building Code Act, 1992 are prescribed for the purposes of section 16 of the Environmental Bill of Rights, 1993.

(3) Despite subsection (2), a regulation made under section 34 of the Building Code Act, 1992 is exempt from section 16 of the Environmental Bill of Rights, 1993 unless it relates to the construction, demolition, maintenance or operation of sewage systems as defined in Ontario Regulation 403/97 made under the Building Code Act, 1992.

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

(2) Despite subsection (1), an instrument made under clause 29 (1) (a) or (c) of the Building Code Act, 1992 is exempt from sections 19 to 26 of the Environmental Bill of Rights, 1993 unless it relates to the construction, demolition, maintenance or operation of sewage systems as defined in Ontario Regulation 403/97 made under the Building Code Act, 1992.

3. (1) Subsection 6 (1) of the Regulation is amended by striking out “section 3 of this Regulation” and substituting “subsection 3 (1) of this Regulation”.

(2) Section 6 of the Regulation is amended by adding the following subsection:

(1.1) Clauses 29 (1) (a) and (c) and section 34 of the Building Code Act, 1992 are prescribed for the purposes of Part IV of the Environmental Bill of Rights, 1993.

4. (1) Subsection 7 (1) of the Regulation is amended by striking out “under an Act” and substituting “under an Act or provision”.

(2) Subsection 7 (2) of the Regulation is revoked and the following substituted:

(2) Despite subsection (1), a regulation made under section 34 of the Building Code Act, 1992 is not prescribed for the purposes of Part IV of the Environmental Bill of Rights, 1993 unless it relates to the construction, demolition, maintenance or operation of sewage systems as defined in Ontario Regulation 403/97 made under the Building Code Act, 1992.

(2.1) For the purposes of subsection (1), a regulation made under an Act or provision includes a regulation made under the Act or provision before the Act or provision was first prescribed for the purposes of Part IV of the Environmental Bill of Rights, 1993.

5. Section 11 of the Regulation is amended by adding the following subsection:

(2) Despite subsection (1), an instrument made under clause 29 (1) (a) or (c) of the Building Code Act, 1992 is not prescribed for the purposes of Part V of the Environmental Bill of Rights, 1993.

6. (1) Subsection 12 (1) of the Regulation is amended by striking out “section 3 of this Regulation” and substituting “subsection 3 (1) of this Regulation”.

(2) Subsections 12 (2) and (3) of the Regulation are revoked and the following substituted:

(2) Clauses 29 (1) (a) and (c) and section 34 of the Building Code Act, 1992 are prescribed for the purposes of paragraphs 4, 5 and 6 of subsection 105 (3) of the Environmental Bill of Rights, 1993.

(3) A regulation or instrument is prescribed for the purposes of paragraphs 4 and 5 of subsection 105 (3) of the Environmental Bill of Rights, 1993 if it was made under an Act or provision that is prescribed for the purposes of paragraphs 4, 5 and 6 of subsection 105 (3) of the Environmental Bill of Rights, 1993.

(4) Despite subsection (3), an instrument made under clause 29 (1) (a) or (c) of the Building Code Act, 1992 or regulation made under section 34 of that Act is not prescribed for the purposes of paragraphs 4 and 5 of subsection 105 (3) of the Environmental Bill of Rights, 1993 unless it relates to the construction, demolition, maintenance or operation of sewage systems as defined in Ontario Regulation 403/97 made under the Building Code Act, 1992.

(5) For the purposes of subsection (3), a regulation or instrument includes a regulation or instrument made under an Act or provision before the Act or provision was first prescribed for the purposes of paragraphs 4, 5 and 6 of subsection 105 (3) of the Environmental Bill of Rights, 1993.