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ontario regulation 263/07

made under the

environmental assessment act

Made: June 6, 2007
 Filed: June 13, 2007
Published on e-Laws: June 14, 2007
Printed in The Ontario Gazette: June 30, 2007

Amending Reg. 334 of R.R.O. 1990

(General)

1. (1) Subsection 2 (1) of Regulation 334 of the Revised Regulations of Ontario, 1990 is amended by striking out “subsection 5 (3) of the Act” in the portion before clause (a) and substituting “subsection 6.1 (2) of the Act”.

(2) Clause 2 (1) (a) of the Regulation is amended by striking out “subsection 5 (3) of the Act” at the end and substituting “subsection 6.1 (2) of the Act”.

(3) Clause 2 (1) (d) of the Regulation is revoked and the following substituted:

(d) where the environmental assessment is for an undertaking with a fixed location, at least two unbound, well marked, legible and reproducible maps that are an appropriate size to fit on a 215 millimetre by 280 millimetre page, showing the location of the undertaking and the area to be affected by it.

2. Paragraph 5 of section 3 of the Regulation is revoked and the following substituted:

5. Ontario Energy Board.

3. (1) Subsection 4 (1) of the Regulation is amended by,

(a) striking out “subsection 5 (1) of the Act” and substituting “section 5 of the Act”; and

(b) striking out “subsection 6 (1) of the Act” at the end and substituting “section 12.2 of the Act”.

(2) Subsection 4 (2) of the Regulation is amended by striking out “section 38 of the Act” and substituting “subsection 5 (5) of the Act”.

4. (1) Clause (d) of the definition of “estimated cost” in subsection 5 (1.1) of the Regulation is amended by striking out “the Building Code Act” at the end and substituting “the Building Code Act, 1992”.

(2) Subsection 5 (2) of the Regulation is amended by striking out “subsection 5 (1) of the Act” in the portion before clause (a) and substituting “section 5 of the Act”.

(3) Clause 5 (2) (i) of the Regulation is amended by striking out “described in clause (4) (a)” and substituting “described in the Municipal Class Environmental Assessment”.

(4) Clause 5 (3) (a) of the Regulation is revoked and the following substituted:

(a) an undertaking of a type described in the Municipal Class Environmental Assessment;

(5) Subsection 5 (4) of the Regulation is revoked.

(6) Subsection 5 (5) of the Regulation is revoked.

(7) Subsection 5 (6) of the Regulation is amended by,

(a) striking out “Except as provided for in subsection (4)” at the beginning; and

(b) striking out “subsection 5 (1) of the Act” at the end and substituting “section 5 of the Act”.

5. (1) Subsection 6 (1) of the Regulation is revoked and the following substituted:

(1) All undertakings and classes of undertakings by or on behalf of Her Majesty in right of Ontario and carried out by,

(a) the Minister of Agriculture, Food and Rural Affairs;

(b) the Attorney General;

(c) the Minister of Community and Social Services;

(d) the Minister of Community Safety and Correctional Services;

(e) the Minister of Education;

(f) the Minister of Health and Long-Term Care;

(g) the Minister of Health Promotion;

(h) the Minister of Finance;

(i) the Minister of Labour;

(j) the Minister of Municipal Affairs and Housing;

(k) the Minister of Small Business and Entrepreneurship; and

(l) the Minister of Training, Colleges and Universities,

are exempt from section 5 of the Act.

(2) Subsection 6 (2) of the Regulation is amended by striking out the portion after clause (c) and substituting the following:

are exempt from section 5 of the Act.

6. Section 7 of the Regulation is amended by striking out “the Chair of the Management Board of Cabinet” in the portion before clause (a) and substituting “the Minister of Public Infrastructure Renewal”.

7. (1) Subsection 8 (2) of the Regulation is amended by striking out “subsection 5 (1) of the Act” in the portion before clause (a) and substituting “section 5 of the Act”.

(2) Subsection 8 (3) of the Regulation is amended by striking out “subsection 5 (1) of the Act” at the end and substituting “section 5 of the Act”.

8. Section 9 of the Regulation is amended by striking out “subsection 5 (1) of the Act” at the end and substituting “section 5 of the Act”.

9. Section 10 of the Regulation is amended by striking out “an environmental assessment of an undertaking is submitted” and substituting “proposed terms of reference governing the preparation of an environmental assessment for an undertaking are submitted”.

10. Subsection 11 (2) of the Regulation is amended by striking out “subsection 5 (1) of the Act” at the end and substituting “section 5 of the Act”.

11. Subsection 12 (2) of the Regulation is amended by striking out “subsection 5 (1) of the Act” and substituting “section 5 of the Act”.

12. The Regulation is amended by adding the following section:

15.1 For the purpose of subsection 15.2 (2) of the Act,

(a) municipalities are authorized to proceed with undertakings in accordance with the Municipal Class Environmental Assessment; and

(b) if an undertaking of a private sector developer is designated as an undertaking to which the Act applies under subsection 2 (1) of Ontario Regulation 345/93 (Designation and Exemption — Private Sector Developers) made under the Act, the private sector developer is authorized to proceed with the undertaking in accordance with the Municipal Class Environmental Assessment.

13. This Regulation comes into force on the day it is filed.