Order in Council 1149/2018

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas pursuant to subsection 2(1) of the Executive Council Act, a member of the Executive Council has been appointed under the Great Seal to hold office as the Minister of the Environment, Conservation and Parks;

Therefore, pursuant to subsections 2(2), 5(1) and 8(1) of the Executive Council Act:

Minister to preside over Ministry

1. The Minister of the Environment, Conservation and Parks (the “Minister”) shall preside over a ministry known as the Ministry of the Environment, Conservation and Parks (the “Ministry”).

Minister

2. The Minister shall exercise the powers and perform the duties, functions and responsibilities that are assigned by law to the Minister or that may otherwise be assigned to or undertaken by the Minister in respect of the environment, conservation, provincial parks, conservation reserves, species at risk, and any other matters related to the Minister’s portfolio.
3. The Minister shall exercise the powers and perform the duties, functions and responsibilities that had been previously assigned and transferred to the Minister of the Environment and Climate Change under Order in Council O.C. 1174/2014 dated September 17, 2014, as amended, and such powers, duties, functions and responsibilities are assigned and transferred accordingly. These include but are not limited to the powers, duties, functions and responsibilities of the Minister of the Environment in respect of the following Acts:
   1. Capital Investment Plan Act, 1993, in respect of the Ontario Clean Water Agency
   2. Environmental Assessment Act
   3. Environmental Protection Act
   4. Ministry of the Environment Act
   5. Municipal Water and Sewage Transfer Act, 1997
   6. Ontario Water Resources Act
   7. Pesticides Act
4. The Minister shall exercise the powers and perform the duties, functions and responsibilities that had been previously assigned and transferred to the Minister of Natural Resources and Forestry under Order in Council O.C. 1175/2014 dated September 17, 2014, as amended, in respect of provincial parks, conservation reserves, species at risk, and certain matters related to conservation authorities, and such powers, duties, functions and responsibilities are assigned and transferred accordingly. These include but are not limited to the powers, duties, functions and responsibilities of the Minister of Natural Resources under the Conservation Authorities Act, except in respect of:
   1. clause 13.1(6) (b) as it applies to flood control
   2. clause 21 (1) (o)
   3. section 23
   4. section 28 as it applies to matters that relate to the management and control of natural hazards
   5. sections 28 to 28.4 on and after the date those provisions come into force
   6. subsection 32 (1)
   7. clauses 40 (3) (e), (f), (g) and (h) on and after the date those provisions come into force
5. The Minister may exercise any of the other powers and perform any of the other duties, functions and responsibilities under the Conservation Authorities Act which can be applied to support the powers, duties, functions and responsibilities assigned to the Minister under paragraph 4 of this Order in Council.
6. The Minister shall exercise the powers and perform any of the duties, functions and responsibilities under sections 7, 9, and 12, of the Ministry of Natural Resources Act to support the powers, duties, functions and responsibilities of the Minister related to conservation authorities, provincial parks, conservation reserves and species at risk.
7. The Minister shall exercise the powers and perform the duties, functions and responsibilities under the Nutrient Management Act, 2002 except in respect of: the development and approval of nutrient management plans and strategies; registries for nutrient management plans and strategies and other documents; licences and certificates; authorizations; and the delegation of powers and duties pursuant to section 56 of the Nutrient Management Act, 2002.
8. The Minister may exercise any of the other powers or perform any of the other duties and functions under the Nutrient Management Act, 2002 which can be applied to support the responsibilities assigned to the Minister including but not limited to, responding to appeals of decisions of the Environmental Review Tribunal arising out of instruments issued by the Ministry.

Ministry

9. The Ministry shall carry out the functions, responsibilities and programs that are assigned by law to the Ministry or that may otherwise be assigned to or undertaken by the Ministry in respect of the environment, conservation, provincial parks, conservation reserves, species at risk, and any other matters related to the Minister’s portfolio.
10. The Ministry shall carry out the functions, responsibilities and programs that had been previously assigned and transferred to the Ministry of the Environment and Climate Change under Order in Council O.C. 1174/2014 dated September 17, 2014, as amended, and such functions, responsibilities and programs are assigned and transferred accordingly. These include but are not limited to the functions, responsibilities and programs of the Ministry of the Environment in respect of the following Acts:
    1. Capital Investment Plan Act, 1993, in respect of the Ontario Clean Water Agency
    2. Environmental Assessment Act
    3. Environmental Protection Act
    4. Ministry of the Environment Act
    5. Municipal Water and Sewage Transfer Act, 1997
    6. Ontario Water Resources Act
    7. Pesticides Act
11. The Ministry shall carry out the functions, responsibilities and programs that had been previously assigned and transferred to the Ministry of Natural Resources and Forestry in respect of provincial parks, conservation reserves, species at risk, and certain matters related to conservation authorities, and such functions, responsibilities and programs are assigned and transferred accordingly. These include but are not limited to the functions, responsibilities and programs of the Ministry of Natural Resources under the Conservation Authorities Act, except in respect of:
    1. clause 13.1(6) (b) as it applies to flood control
    2. clause 21 (1) (o)
    3. section 23
    4. section 28 as it applies to matters that relate to the management and control of natural hazards
    5. sections 28 to 28.4 on and after the date those provisions come into force
    6. subsection 32 (1)
    7. clauses 40 (3) (e), (f), (g) and (h) on and after the date those provisions come into force
12. The Ministry may carry out the functions, responsibilities and programs under any of the provisions of the Conservation Authorities Act which can be applied to support the functions, responsibilities and programs assigned to the Ministry under paragraph 11 of this Order in Council.
13. The Ministry shall carry out the functions, responsibilities and programs under sections 7, 9, and 12, of the Ministry of Natural Resources Act to support the functions, responsibilities and programs of the Ministry related to conservation authorities, provincial parks, conservation reserves and species at risk.
14. The Ministry shall share the exception under subsection 54 (2) of the Endangered Species Act, 2007 with the Ministry of Natural Resources and Forestry.
15. The Ministry shall carry out the functions, responsibilities and programs under the Nutrient Management Act, 2002 except in respect of: the development and approval of nutrient management plans and strategies; registries for nutrient management plans and strategies and other documents; licences and certificates; and authorizations.
16. The Ministry may carry out the functions, responsibilities and programs under any provisions of the Nutrient Management Act, 2002 which can be applied to support the responsibilities assigned to the Ministry including but not limited to responding to appeals of decisions of the Environmental Review Tribunal arising out of instruments issued by the Ministry.

Administration of Statutes

17. Despite any provision of a statute or any other Order in Council, the administration of the statutes set out in the Appendix to this Order in Council is assigned to the Minister.

Revocation of Order in Council

18. Order in Council O.C. 1174/2014 dated September 17, 2014, as revised by Order in Council O.C. 223/2016 dated February 10, 2016, Order in Council O.C. 1335/2016 dated September 14, 2016, Order in Council O.C. 462/2018 dated March 7, 2018, and Order in Council O.C. 987/2018 dated June 29, 2018, is hereby revoked.

Appendix