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O. Reg. 244/23: TRANSIT PROJECTS AND METROLINX UNDERTAKINGS

filed August 8, 2023 under Environmental Assessment Act, R.S.O. 1990, c. E.18

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ontario regulation 244/23

made under the

Environmental Assessment Act

Made: July 20, 2023
Filed: August 8, 2023
Published on e-Laws: August 8, 2023
Published in The Ontario Gazette: August 26, 2023

Amending O. Reg. 231/08

(TRANSIT PROJECTS AND METROLINX UNDERTAKINGS)

1. Section 12 of Ontario Regulation 231/08 is amended by adding the following subsections:

(1.1) The Minister may give the proponent a notice amending or revoking a condition in a notice given under clause (1) (c), whether the notice was given under that clause before or after this subsection came into force, and the notice may set out any transitional requirements related to the amendment or revocation of the condition.

. . . . .

(7) The Minister may give notice under subsection (1.1) only if the Minister is of the opinion that,

(a) if the notice amends a condition, the amendment will result in the condition appropriately addressing the negative impact that it was imposed to address; or

(b) if the notice revokes a condition, the condition is not necessary to appropriately address the negative impact that it was imposed to address.

2. Section 14 of the Regulation is amended by adding the following subsection:

(5) For the purposes of clause (4) (b), if a notice has been given under subsection 12 (1.1), the proponent shall proceed with the transit project in accordance with,

(a) the environmental project report, subject to conditions as amended by the Minister under subsection 12 (1.1); and

(b) any transitional requirements set out by the Minister in the notice under subsection 12 (1.1).

3. Section 15 of the Regulation is amended by adding the following subsections:

(11.1) The Minister may give the proponent a notice amending or revoking a condition in a notice given under clause (11) (c), whether the notice was given under that clause before or after this subsection came into force, and the notice may set out any transitional requirements related to the amendment or revocation of the condition.

. . . .  .

(16.1) The Minister may give notice under subsection (11.1) only if the Minister is of the opinion that,

(a) if the notice amends a condition, the amendment will result in the condition appropriately addressing the negative impact that it was imposed to address; or

(b) if the notice revokes a condition, the condition is not necessary to appropriately address the negative impact that it was imposed to address.

Commencement

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