O. Reg. 49/19: CLASSIFICATION OF PROPOSALS FOR INSTRUMENTS
filed March 22, 2019 under Environmental Bill of Rights, 1993, S.O. 1993, c. 28
Skip to contentontario regulation 49/19
made under the
Environmental Bill of Rights, 1993
Made: March 21, 2019
Filed: March 22, 2019
Published on e-Laws: March 22, 2019
Printed in The Ontario Gazette: April 6, 2019
Amending O. Reg. 681/94
(CLASSIFICATION OF PROPOSALS FOR INSTRUMENTS)
1. (1) Subparagraph 2 ii of section 1 of Ontario Regulation 681/94 is amended by striking out “3.5.8” at the end and substituting “3.5.6”.
(2) Subparagraph 2 vi of section 1 of the Regulation is amended by striking out “7.6.7” at the end and substituting “7.6.6”.
2. The heading to Part II of the Regulation is revoked and the following substituted:
Ministry of the Environment, Conservation and Parks
3. The Regulation is amended by adding the following sections immediately after section 1.1:
Class I Proposals — Conservation Authorities Act
1.2 (1) Subject to subsection (2), a proposal for an approval of the sale, lease or other disposition of land under subsection 21 (2) of the Conservation Authorities Act is a Class I proposal for an instrument.
(2) Subsection (1) does not apply to a proposal,
(a) for an approval of the sale, lease or other disposition of land if terms and conditions are imposed on the approval under subsection 21 (3) of the Conservation Authorities Act that prohibit a change in use of the land and prohibit altering the site; and
(b) for an approval of the sale, lease or other disposition of land to a previous owner if the land was taken away from the owner under the Expropriations Act.
Class I Proposals — Endangered Species Act, 2007
1.3 (1) A proposal to enter into an agreement under section 16 of the Endangered Species Act, 2007 is a Class I proposal for an instrument if all of the following criteria are satisfied:
1. The agreement is for the purpose of assisting a party to the agreement to introduce or reintroduce, into any part of Ontario, members of a species that, under the Endangered Species Act, 2007, is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species.
2. The agreement would authorize a party to the agreement to engage in an activity specified in the agreement that would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.
3. The authorization referred to in paragraph 2 does not apply to an animal.
4. The party to the agreement that would be authorized to engage in the activity referred to in paragraph 2 is not the Crown in right of Ontario, a municipality or a public body within the meaning of the Environmental Assessment Act.
5. The authority to engage in the activity referred to in paragraph 2,
i. would not apply on Crown land, and
ii. would not apply in a provincial park.
(2) If a proposal to enter into an agreement under section 16 of the Endangered Species Act, 2007 is a Class I proposal for an instrument, a proposal to amend that agreement is a Class I proposal for an instrument if the proposed amendment would authorize a party to,
(a) engage in an activity already specified in the agreement in respect of an additional species; or
(b) engage in an additional activity that would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.
(3) If a proposal to enter into an agreement under section 16 of the Endangered Species Act, 2007 is not a Class I proposal for an instrument, a proposal to amend that agreement is a Class I proposal for an instrument if the proposal to enter into the agreement in its amended form would be a Class I proposal for an instrument under subsection (1).
(4) A proposal to issue a permit under clause 17 (2) (a) of the Endangered Species Act, 2007 is a Class I proposal for an instrument if all of the following criteria are satisfied:
1. The permit would authorize a person to engage in an activity specified in the permit that,
i. in the opinion of the Minister, would be likely to jeopardize the survival of a species in Ontario that, under the Endangered Species Act, 2007, is listed on the Species at Risk in Ontario List as an endangered or threatened species, and
ii. would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.
2. The species referred to in paragraph 1 is not an animal.
3. The person to whom the permit would be issued is not the Crown in right of Ontario, a municipality or a public body within the meaning of the Environmental Assessment Act.
4. The authority to engage in the activity referred to in paragraph 1,
i. would not apply on Crown land, and
ii. would not apply in a provincial park.
(5) A proposal to issue a permit under clause 17 (2) (b) of the Endangered Species Act, 2007 is a Class I proposal for an instrument if all of the following criteria are satisfied:
1. The permit would be issued for the purpose of assisting a person to introduce or reintroduce, into any part of Ontario, members of a species that, under the Endangered Species Act, 2007, is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species.
2. The permit would authorize a person to engage in an activity specified in the permit that would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.
3. The species referred to in paragraph 1 is not an animal.
4. The person to whom the permit would be issued is not the Crown in right of Ontario, a municipality or a public body within the meaning of the Environmental Assessment Act.
5. The authority to engage in the activity referred to in paragraph 2,
i. would not apply on Crown land, and
ii. would not apply in a provincial park.
(6) A proposal to issue a permit under clause 17 (2) (c) or (d) of the Endangered Species Act, 2007 is a Class I proposal for an instrument if all of the following criteria are satisfied:
1. The permit would authorize a person to engage in an activity specified in the permit that would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.
2. The species that would be specified in the permit is not an animal.
3. The person to whom the permit would be issued is not the Crown in right of Ontario, a municipality or a public body within the meaning of the Environmental Assessment Act.
4. The authority to engage in the activity referred to in paragraph 1,
i. would not apply on Crown land, and
ii. would not apply in a provincial park.
(7) If a proposal to issue a permit under clause 17 (2) (a), (b), (c) or (d) of the Endangered Species Act, 2007 is a Class I proposal for an instrument under subsection (4), (5) or (6), a proposal to amend the permit under subclause 17 (7) (a) (i) or (ii) or clause 17 (7) (b) of the Endangered Species Act, 2007 is a Class I proposal for an instrument if the proposal to amend the permit is for the purpose of authorizing a person to,
(a) engage in an activity already specified in the permit in respect of an additional species; or
(b) engage in an additional activity that would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.
(8) If a proposal to issue a permit under clause 17 (2) (a), (b), (c) or (d) of the Endangered Species Act, 2007 is not a Class I proposal for an instrument, a proposal to amend the permit under subclause 17 (7) (a) (i) or (ii) or clause 17 (7) (b) of that Act is a Class I proposal for an instrument if the proposal to issue the permit in its amended form would be a Class I proposal for an instrument under subsection (4), (5) or (6).
(9) A proposal under subclause 17 (7) (a) (iii) or clause 17 (7) (b) of the Endangered Species Act, 2007 to revoke a permit is a Class I proposal for an instrument if a proposal to issue the permit would be a Class I proposal for an instrument under subsection (4), (5) or (6).
4. The heading to Part II.1 of the Regulation is revoked and the following substituted:
Ministry of Municipal Affairs and Housing
5. Paragraph 1 of section 10.4 of the Regulation is revoked.
6. Section 10.5 of the Regulation is revoked.
7. The heading to Part III of the Regulation is revoked and the following substituted:
Ministry of Energy, Northern Development and Mines
Commencement
8. This Regulation comes into force on the later of the day section 6 of Schedule 15 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force and the day this Regulation is filed.