O. Reg. 76/15: TRANSIT PROJECTS AND METROLINX UNDERTAKINGS

 

ontario regulation 76/15

made under the

Environmental Assessment Act

Made: April 1, 2015
Filed: April 7, 2015
Published on e-Laws: April 7, 2015
Printed in The Ontario Gazette: April 25, 2015

Amending O. Reg. 231/08

(TRANSIT PROJECTS AND METROLINX UNDERTAKINGS)

1. (1) Subsection 1 (1) of Ontario Regulation 231/08 is amended by adding the following definition:

“power supply infrastructure” means transmission lines and transmission stations described in subsection (3);

(2) Section 1 of the Regulation is amended by adding the following subsections:

(3) For the purposes of this Regulation, power supply infrastructure consists of the following transmission lines and transmission stations if they are for the purposes of the electrification of a commuter rail corridor and are not associated with a generation facility mentioned in paragraph 1, 2, 3, 4, 5, 6 or 7 of subsection 4 (1) of Ontario Regulation 116/01 (Electricity Projects) made under the Act:

1. A transmission line that,

i. can operate at nominal voltage of 115 kV and is greater than 2 kilometres in length, or

ii. can operate at nominal voltage of greater than 115 kV and less than 500 kV and is greater than 2 kilometres and less than 50 kilometres in length.

2. A transmission station that can operate at nominal voltage of equal to or greater than 115kV and less than or equal to 500 kV.

(4) For the purposes of subsection (3), if a transmission station has more than one voltage level, the station’s nominal operating voltage is its highest voltage level.

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

Designation

Designation

1.1 (1) Subject to subsections (2) and (3), the planning, designing, establishing, constructing, operating, changing or retiring of power supply infrastructure in relation to the electrification of a new or existing commuter rail corridor is defined as a major commercial enterprise or activity and is designated as an undertaking to which the Act applies.

(2) A change to a transmission line and the subsequent operation and retirement of the changed or expanded line is defined and designated under subsection (1) only if,

(a) the work involved in changing the line requires replacement of poles or towers and/or changes in the right-of-way for existing transmission lines that are capable of operating at a nominal voltage equal to or greater than 115 kV and less than or equal to 500 kV; and

(b) the changed line would operate at a nominal voltage of equal to or greater than 115 kV and less than or equal to 500 kV.

(3) A change to a transmission station and the subsequent operation and retirement of the changed or expanded station is defined and designated under subsection (1) only if,

(a) the change requires the acquisition of property; and

(b) the changed station is capable of operating at a nominal voltage of equal to or greater than 115 kV and less than or equal to 500 kV.

(4) For the purposes of subsection (3), if a transmission station has more than one voltage level, the station’s nominal operating voltage is its highest voltage level.

3. Section 2 of the Regulation is amended by adding the following subsections:

(7) Subsection (8) applies if, before the day section 1.1 came into force,

(a) the proponent of a transit project described in subsection 1.1 (1) submitted an environmental assessment or proposed terms of reference in respect of the project to the Ministry; or

(b) the proponent of a transit project described in subsection 1.1 (1) gave a notice to the public in accordance with an approved class environmental assessment.

(8) In the circumstances described in subsection (7), subsection (1) does not apply to the transit project unless, not later than December 31, 2015, the Director of the Environmental Approvals Branch and the appropriate regional director of the Ministry have received written notice from the proponent stating that the proponent will comply with the transit project assessment process.

(9) The validity of anything done before section 1.1 came into force is not affected if, after receipt of the notices referred to in subsection (8), the transit project assessment process is terminated under subsection 6 (3) or clause 13 (4) (b) or 15 (20) (b).

(10) If a proponent of a transit project that belongs to a class of transit projects described in Schedule 1 proposes to carry out a transit project with one or more other proponents of a transit project that belongs to a class of transit projects described in Schedule 1, the proponents may proceed with the transit project assessment process jointly.

4. Paragraph 7 of subsection 2 (1) of Schedule 1 to the Regulation is revoked.

5. Schedule 1 to the Regulation is amended by adding the following section:

Transit projects for purposes of electrification

2.1 Subsection 2 (1) of this Regulation applies to a transit project that is carried out by any proponent or any of its successors or assigns if the transit project includes any one or more of the following in relation to the electrification of a new or existing commuter rail corridor:

1. The electrification of rail equipment propulsion. May include planning, designing, establishing, constructing, operating, changing or retiring an associated power distribution system.

2. The planning, designing, establishing, constructing, operating, changing or retiring of power supply infrastructure.

Commencement

6. This Regulation comes into force on the later of July 1, 2015 and the day it is filed.