O. Reg. 52/24: TRANSIT PROJECTS AND METROLINX UNDERTAKINGS

 

ontario regulation 52/24

made under the

Environmental Assessment Act

Made: February 15, 2024
Filed: February 16, 2024
Published on e-Laws: February 20, 2024
Published in The Ontario Gazette: March 2, 2024

Amending O. Reg. 231/08

(TRANSIT PROJECTS AND METROLINX UNDERTAKINGS)

1. The title to Ontario Regulation 231/08 is amended by striking out “PROJECTS AND METROLINX UNDERTAKINGS” and substituting “AND RAIL PROJECT ASSESSMENT PROCESS”.

2. Section 1 of the Regulation is revoked and the following substituted:

Interpretation

Interpretation

1. (1) In this Regulation,

“project assessment process” means the process set out in sections 6 to 17;

“project commencement date” means, with respect to a transit or rail project, the earliest date that,

(a) any construction or installation begins as part of the project, or

(b) any service is started, stopped or changed as part of the project;

“transit or rail project” means a project that is,

(a) designated as a Part II.3 project under Part III (Transit and Rail Projects) of Ontario Regulation 50/24 (Part II.3 Projects — Designations and Exemptions) made under the Act, or

(b) deemed to be a Part II.3 project under clause 9 (a) of Ontario Regulation 53/24 (General and Transitional Matters) made under the Act.

(2) For the purposes of this Regulation, the site of a transit or rail project is,

(a) the site of the thing being established or constructed; and

(b) the site of a change to the thing.

3. Sections 1.1 to 5 of the Regulation are revoked and the following substituted:

Application

Application

2. This Regulation applies in respect of a transit or rail project if the proponent seeks to rely on subsection 17 (1) or 18 (1) of Ontario Regulation 50/24 (Part II.3 Projects — Designations and Exemptions) made under the Act in respect of the project.

4.  The Regulation is amended by adding the following heading before section 6:

Project Assessment Process

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

5. Submit a statement of completion of the transit project assessment process to the Director of the Environmental Assessment Branch under section 14.

(2) Subsection 6 (2) of the Regulation is revoked and the following substituted:

(2) Subject to section 10, the notice of completion of the environmental project report referred to in paragraph 4 of subsection (1) shall be prepared and distributed within 120 days after the first day on which the notice of commencement of the project assessment process is published under clause 7 (3) (b).

(3) Subsection 6 (3) of the Regulation is amended by striking out “by giving notices to that effect to the Director of the Environmental Assessment Branch and the appropriate regional director of the Ministry” at the end and substituting “by giving notice to that effect to the Director of the Environmental Assessment Branch”.

6. (1) Subclause 7 (3) (a) (iii) of the Regulation is revoked.

(2) Subclause 7 (3) (a) (iv) of the Regulation is amended by striking out “identified under clause (4) (b)” and substituting “listed for the purposes of subsection (4)”.

(3) Clause 7 (3) (b) of the Regulation is revoked and the following substituted:

(b) publishing the notice in a manner that, in the opinion of proponent, will promptly bring the notice to the attention of interested persons in the area of the site of the transit or rail project.

(4) Subsections 7 (4) to (6) of the Regulation are revoked and the following substituted:

(4) Before distributing the notice of commencement of the project assessment process, the proponent shall contact the Director of the Environmental Assessment Branch to obtain a list of Indigenous communities that may be interested in the project.

(5) The proponent shall request a list of persons who may be interested in transit or rail projects from the Director of the Environmental Assessment Branch and shall have regard to any list provided by the Director when forming the opinion under subclause (3) (a) (v).

7. Paragraph 11 of subsection 9 (2) of the Regulation is revoked and the following substituted:

11. A summary of each issue in respect of which notice was given to the Director of the Environmental Assessment Branch under subsection 10 (1), including,

i. a description of the issue,

ii. a description of what the proponent did to respond to the issue and the results of those efforts, and

iii. the date that notices were given to the Director of the Environmental Assessment Branch under subsections 10 (1) and 10 (3).

8. (1) Subsection 10 (1) of the Regulation is amended by striking out “written notices describing the issue to the Director of the Environmental Assessment Branch and the appropriate regional director of the Ministry” at the end and substituting “written notice describing the issue to the Director of the Environmental Assessment Branch”.

(2) Subsection 10 (3) of the Regulation is amended by striking out “and the appropriate regional director of the Ministry” at the end.

9. (1) Clause 11 (1) (b) of the Regulation is revoked and the following substituted:

(b) cause the notice to be published in a manner that, in the opinion of proponent, will promptly bring the notice to the attention of interested persons in the area of the site of the transit or rail project.

(2) Paragraph 3 of subsection 11 (3) of the Regulation is amended by striking out “or subsection (4)” at the end.

(3) Subsection 11 (4) of the Regulation is revoked.

10. (1) Subsection 12 (1) of the Regulation is amended by striking out “or subsection 11 (4)” in the portion before clause (a).

(2) Subsection 12 (2) of the Regulation is amended by striking out “or subsection 11 (4)” at the end.

11. Subsection 14 (1) of the Regulation is amended by striking out “statements of completion of the transit project assessment process to the Director of the Environmental Assessment Branch and the appropriate regional director of the Ministry” and substituting “a statement of completion of the transit project assessment process to the Director of the Environmental Assessment Branch” in the portion before clause (a).

12. (1) Paragraph 5 of subsection 15 (4) of the Regulation is amended by striking out “or subsection (8)”at the end.

(2) Subclause 15 (5) (a) (iii) of the Regulation is revoked.

(3) Subclause 15 (5) (a) (iv) of the Regulation is amended by striking out “identified under clause (6) (b)” and substituting “listed for the purposes of subsection (6)”.

(4) Clause 15 (5) (b) of the Regulation is revoked and the following substituted:

(b) causing the notice to be published in a manner that, in the opinion of proponent, will promptly bring the notice to the attention of interested persons in the area of the site of the transit or rail project.

(5) Subsections 15 (6) to (8) of the Regulation are revoked and the following substituted:

(6) Before distributing the notice of environmental project report addendum, the proponent shall contact the Director of the Environmental Assessment Branch to obtain a list of Indigenous communities that may be interested in the project.

(7) The proponent shall request a list of persons who may be interested in transit or rail projects from the Director of the Environmental Assessment Branch and shall have regard to any list provided by the Director when forming the opinion under subclause (5) (a) (v).

(6) Subsection 15 (11) of the Regulation is amended by striking out “or subsection (8)” in the portion before clause (a).

(7) Subsection 15 (12) of the Regulation is amended by striking out “or subsection (8)” at the end.

(8) Subsection 15 (22.8) of the Regulation is amended by striking out “or subsection (8)” in the portion before clause (a).

13. Schedules 1 and 2 of the Regulation are revoked.

14. The Regulation is amended by striking out “Part II of the Act” wherever it appears and substituting in each case “Part II.3 of the Act”.

15. The Regulation is amended by striking out “transit project assessment process” wherever it appears and substituting in each case “project assessment process”.

16. The Regulation is amended by striking out “transit project” wherever it appears and substituting in each case “transit or rail project”.

17. The Regulation is amended by striking out “transit projects” wherever it appears and substituting in each case “transit or rail projects”.

Commencement

18. This Regulation comes into force on the later of the day subsection 3 (2) of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force and the day this Regulation is filed.