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O. Reg. 274/24: GENERAL
filed June 27, 2024 under Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B
Skip to contentontario regulation 274/24
made under the
Ontario Energy Board Act, 1998
Made: June 26, 2024
Filed: June 27, 2024
Published on e-Laws: June 27, 2024
Published in The Ontario Gazette: July 13, 2024
Amending O. Reg. 328/03
(GENERAL)
1. Ontario Regulation 328/03 is amended by adding the following section:
Interpretation
0.1 In this Regulation,
“aboriginal or treaty rights” means existing aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982.
2. Section 3 of the Regulation is amended by adding the following subsections:
(2) Subsection 90 (1) of the Act applies to the relocation or reconstruction of a hydrocarbon line only if any of the following conditions is met:
1. The diameter of the line is increased.
2. The acquisition of additional land or authority to use additional land is necessary, subject to subsection (3).
(3) Paragraph 2 of subsection (2) does not apply if the Board makes a determination, on application, that leave under subsection 90 (1) of the Act is not required with respect to the relocation or reconstruction because,
(a) the relocation or reconstruction is to facilitate a priority transit project within the meaning of the Building Transit Faster Act, 2020 or a project by a road authority within the meaning of the Public Service Works on Highways Act, and,
(i) any additional land required for the relocation or reconstruction is under the control of the priority transit project proponent or the road authority, as the case may be, and
(ii) the relocation or reconstruction is undertaken pursuant to an agreement between the applicant and the priority transit project proponent or the road authority that specifies that the cost of the relocation or reconstruction is to be paid for wholly or partly by the priority transit project proponent or the road authority; and
(b) the Board makes a determination that the Crown’s duty to consult, if it applies in respect of the application, has been adequately discharged.
(4) For the purposes of making a determination under clause (3) (b), the Board shall provide all Indigenous communities that have or may have aboriginal or treaty rights that may be adversely impacted by the proposed hydrocarbon line with a reasonable opportunity to notify the Board of any concerns that the Crown’s duty to consult has not been adequately discharged.
(5) The Board may, for the purposes of this section, rely on information from the Ministry of Energy and Electrification, if any, as to whether the Crown’s duty to consult applies in respect of the application and the Indigenous communities that have or may have aboriginal or treaty rights that may be adversely impacted by the proposed hydrocarbon line.
(6) For greater certainty, an application may be made under subsection (3) with respect to the relocation or reconstruction of a hydrocarbon line even if, before the day Ontario Regulation 274/24 made under the Act came into force, the relocation or reconstruction was the subject of an application for leave under subsection 90 (1) of the Act that was refused or not finally determined before that day.
3. The Regulation is amended by adding the following section:
Exemption under subs. 95 (2) of the Act
3.0.1 (1) The Board shall, on application, make an order under subsection 95 (2) of the Act exempting a person from having to obtain the Board’s leave under subsection 90 (1) of the Act to construct a hydrocarbon line if,
(a) leave is required only by virtue of clause 90 (1) (b) of the Act;
(b) the proposed hydrocarbon line is projected to cost more than the amount specified in section 3 for the purposes of that clause but not more than $10 million; and
(c) the Board makes a determination that the Crown’s duty to consult, if it applies in respect of the application, has been adequately discharged.
(2) For the purposes of making a determination under clause (1) (c), the Board shall provide all Indigenous communities that have or may have aboriginal or treaty rights that may be adversely impacted by the proposed hydrocarbon line with a reasonable opportunity to notify the Board of any concerns that the Crown’s duty to consult has not been adequately discharged.
(3) The Board may, for the purposes of this section, rely on information from the Ministry of Energy and Electrification, if any, as to whether the Crown’s duty to consult applies in respect of the application and the Indigenous communities that have or may have aboriginal or treaty rights that may be adversely impacted by the proposed hydrocarbon line.
(4) For greater certainty, this section applies with respect to the construction of a hydrocarbon line even if, before the day Ontario Regulation 274/24 made under the Act came into force, the construction was the subject of an application for leave under subsection 90 (1) of the Act that was refused or not finally determined before that day.
Commencement
4. (1) Except as other provided in this section, this Regulation comes into force on the day it is filed.
(2) Sections 1 and 2 come into force on the later of the day section 1 of Schedule 11 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force and the day this Regulation is filed.
(3) Section 3 comes into force on the later of the day section 7 of the Keeping Energy Costs Down Act, 2024 comes into force and the day this Regulation is filed.