O. Reg. 101/07: WASTE MANAGEMENT PROJECTS

 

Environmental Assessment Act
Loi sur les évaluations environnementales

ONTARIO REGULATION 101/07

Waste Management Projects

Note: This Regulation was revoked on February 22, 2024. (See: O. Reg. 50/24, s. 30)

Last amendment: 50/24.

Legislative History: 361/09, 250/11, 129/14, 277/21, 389/22, 243/23, 50/24.

This Regulation is made in English only.

CONTENTS

 

part i
interpretation

Interpretation

1. (1) In this Regulation,

“change” includes, with respect to a waste disposal site, an alteration, enlargement or extension of the site;

“Class A thermal treatment site” means a thermal treatment site that uses coal, oil or petroleum coke as a fuel for thermal treatment;

“Class B thermal treatment site” means a thermal treatment site that meets the following criteria:

1.  It does not use coal, oil or petroleum coke as a fuel for thermal treatment.

2.  Thermal treatment is not used for the principal purpose of recovering material described in subsection (3).

3.  Of the energy generated by thermal treatment that is used, all of it is used at the site to dispose of waste;

“Class C thermal treatment site” means a thermal treatment site that meets the following criteria:

1.  It does not use coal, oil or petroleum coke as a fuel for thermal treatment.

2.  If thermal treatment is used for the principal purpose of recovering material described in subsection (3), of the energy generated by thermal treatment that is used, some or all of it is used at a location other than the site.

3.  If thermal treatment is not used for the principal purpose of recovering material described in subsection (3), of the energy generated by thermal treatment that is used, some or all of it is,

i.  used at the site for a purpose other than disposal of waste, or

ii.  used at a location other than the site;

“Class D thermal treatment site” means a thermal treatment site that meets the following criteria:

1.  It does not use coal, oil or petroleum coke as a fuel for thermal treatment.

2.  Thermal treatment is used for the principal purpose of recovering material described in subsection (3).

3.  Of the energy generated by thermal treatment that is used, all of it is used at the site;

“energy” includes electricity or steam;

“Environmental Screening Process for Waste Management Projects” means Part B of the Ministry of the Environment publication entitled “Guide to Environmental Assessment Requirements for Waste Management Projects” and dated March 15, 2007, as amended from time to time, and available on a website of the Government of Ontario;

“forest products operations” includes the operations of a lumber mill, saw mill, pulp mill or similar facility;

“generation facility” has the same meaning as in Ontario Regulation 116/01 (Electricity Projects) made under the Environmental Assessment Act;

“landfilling site” means a waste disposal site where landfilling occurs;

“renewable energy generation facility” has the same meaning as in the Electricity Act, 1998;

“renewable energy source” has the same meaning as in the Electricity Act, 1998;

“thermal treatment” includes incineration, gasification, pyrolysis or plasma arc treatment;

“thermal treatment site” means a waste disposal site where thermal treatment is used;

“total waste disposal volume” means, for a landfilling site or dump, the maximum volume of waste, including the volume of any daily or intermediate cover, to be deposited at the landfilling site or dump in the space extending from the base of the waste fill zone or the top of any engineered facilities located on the base of the landfilling site or dump to the bottom of the final cover;

“waste disposal site” has the same meaning as in Part V of the Environmental Protection Act. O. Reg. 101/07, s. 1 (1); O. Reg. 361/09, s. 1 (1); O. Reg. 129/14, s. 1; O. Reg. 389/22, s. 1 (1, 2).

(2) In this Regulation, the following words and expressions have the same meanings as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act:

1.  Revoked:  O. Reg. 361/09, s. 1 (2).

2.  “Hazardous waste”.

3.  “Liquid industrial waste”.

4.  “Municipal waste”.

5.  “Woodwaste”.  O. Reg. 101/07, s. 1 (2); O. Reg. 361/09, s. 1 (2).

(3) For the purposes of the definitions of “Class B thermal treatment site”, “Class C thermal treatment site” and “Class D thermal treatment site” in subsection (1), the following criteria must be satisfied with respect to the material:

1.  There is a demonstrated market demand for the material.

2.  The material satisfies at least one of the following descriptions:

i.  The material meets the requirements of an ASTM International Standard or an equivalent recognized industry standard.

ii.  The material is a gaseous emission that can be upgraded into a gaseous fuel that meets the requirements of a standard mentioned in subparagraph i.

iii.  The material is used as a feedstock to completely or partially replace any existing feedstock in an agricultural, commercial, manufacturing or industrial process or operation. O. Reg. 389/22, s. 1 (3).

(4) For the purposes of this Regulation, the annual recovery rate in respect of thermal treatment at a Class D thermal treatment site shall be calculated as follows:

A/B × 100

in which,

  “A”  is the mass of material described in subsection (3) that is projected to be recovered from waste that is subject to thermal treatment at the site in a year under normal operation, and

  “B”  is the mass of the waste projected to be subject to thermal treatment at the site in a year under normal operation.

O. Reg. 389/22, s. 1 (3).

Part I.1
Application — Renewable energy generation facilities

Application

1.1 (1) This Regulation does not apply in respect of a waste disposal site that is a renewable energy generation facility.  O. Reg. 361/09, s. 2.

(2) Despite subsection (1), this Regulation applies in respect of an undertaking designated under this Regulation that is a waste disposal site that is a renewable energy generation facility if,

(a)  on a day before the day that subsection 4 (1) of Schedule G to the Green Energy and Green Economy Act, 2009 comes into force,

(i)  the proponent was authorized under Part II or II.1 of the Act to proceed with the undertaking,

(ii)  a notice of completion was issued or published by the proponent in respect of the undertaking and the proponent of the undertaking entered into a power purchase agreement with the Ontario Power Authority in respect of the supply of renewable energy from the undertaking, or

(iii)  a statement of completion was filed with the Director of the Environmental Assessment and Approvals Branch in respect of the undertaking and all of the approvals, permits and other instruments mentioned in subsection 47.3 (1) of the Environmental Protection Act that are required to construct, install, operate or use the facility have been obtained;

(b)  the facility has a name plate capacity of less than or equal to 500 kW and on an annual basis, less than 90 per cent of the electricity generated at the facility is generated from a renewable energy source;

(c)  the facility has a name plate capacity of greater than 500 kW and on an annual basis, less than 95 per cent of the electricity generated at the facility is generated from a renewable energy source;

(d)  the facility,

(i)  changes or was changed from a generation facility that uses or used coal as its primary power source, and

(ii)  has a name plate capacity of greater than 500 kW and on an annual basis, generates at least 95 per cent of its electricity from biomass within the meaning of Ontario Regulation 160/99 (Definitions and Exemptions) made under the Electricity Act, 1998;

(d.1)  the facility is a thermal treatment facility as described in paragraph 12 of subsection 9 (1) of Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act) made under the Environmental Protection Act; or

(e)  the undertaking consists of the changing of a facility mentioned in clause (a), (b), (c), (d) or (d.1). O. Reg. 361/09, s. 2; O. Reg. 129/14, s. 2; O. Reg. 277/21, s. 1.

part ii
designation of undertakings — environmental assessment under part ii of act

Establishment of site

2. The establishing of any of the following waste disposal sites is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies:

1.  A landfilling site or dump with a total waste disposal volume of more than 100,000 cubic metres.

2.  A Class A thermal treatment site unless,

i.  the site is located at a commercial, industrial or manufacturing facility,

ii.  the primary purpose of the facility is not the management of municipal waste, hazardous waste, liquid industrial waste or any other kind of waste,

iii.  more than 100 tonnes of waste are received at the facility per day, and

iv.  of the energy or fuel generated by thermal treatment at the site that is used,

A.  all of the energy or fuel is used at the facility, and

B.  not all of the energy or fuel is used to dispose of waste.

3.  A Class B thermal treatment site if the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 10 tonnes.

4.  A Class D thermal treatment site, if,

i.  the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 100 tonnes, and

ii.  the annual recovery rate calculated under subsection 1 (4) in respect of thermal treatment at the site is less than 70 per cent.

5.  A Class D thermal treatment site, if,

i.  the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 1,000 tonnes, and

ii.  the annual recovery rate calculated under subsection 1 (4) in respect of thermal treatment at the site is equal to or greater than 70 per cent.

6.  A waste disposal site at which hazardous waste or liquid industrial waste is finally disposed of. O. Reg. 389/22, s. 2.

Change that results in site described in s. 2

3. (1) A change to a waste disposal site that is not described in section 2 that would result in it becoming a waste disposal site described in that section is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies.  O. Reg. 101/07, s. 3 (1); O. Reg. 389/22, s. 3.

(2) Subsection (1) does not apply to a change to a landfilling site or dump, if,

(a)  the change would result in the landfilling site or dump becoming a landfilling site or dump with a total waste disposal volume of more than 100,000 cubic metres; and

(b)  the total waste disposal volume of the landfilling site or dump after the change would exceed by 100,000 cubic metres or less the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change.  O. Reg. 101/07, s. 3 (2).

Change to landfilling site or dump, increase in total waste disposal volume

4. (1) A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if the total waste disposal volume of the landfilling site or dump after the change would exceed the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change by more than 375,000 cubic metres. O. Reg. 243/23, s. 1.

(2) A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if the following criteria are met:

1.  The total waste disposal volume of the landfilling site or dump after the change would exceed the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change by more than 100,000 cubic metres but by less than or equal to 375,000 cubic metres.

2.  The change is not defined as a major commercial or business enterprise or activity and designated as an undertaking to which the Act applies under subsection 13 (2). O. Reg. 243/23, s. 1.

Change to landfilling site or dump, excavation of waste

5. A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if,

(a)  the change involves the excavation of waste that was previously disposed of at the landfilling site or dump; and

(b)  the excavation would increase by more than 100,000 cubic metres the amount of waste that could be deposited at the landfilling site or dump without any increase in the total waste disposal volume that the landfilling site or dump is authorized to have under the Environmental Protection Act.  O. Reg. 101/07, s. 5.

Change to landfilling site or dump, hazardous waste or liquid industrial waste

6. A change to a landfilling site or dump at which hazardous waste or liquid industrial waste is finally disposed of is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if,

(a)  the total waste disposal volume of the landfilling site or dump after the change would exceed the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change; or

(b)  the change involves the excavation of waste that was previously disposed of at the landfilling site or dump.  O. Reg. 101/07, s. 6.

Change to thermal treatment site, type of thermal treatment site

7. (1) A change to a thermal treatment site described in a paragraph of section 2 is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if, after the change, the thermal treatment site would be a thermal treatment site described in a different paragraph of that section. O. Reg. 389/22, s. 4.

(2) For greater certainty, a change to a thermal treatment site described in a paragraph of section 2 includes a change to a thermal treatment site described in paragraph 6 of that section at which hazardous waste or liquid industrial waste is finally disposed of. O. Reg. 389/22, s. 4.

Change to thermal treatment site, increase in amount of waste

8. A change to a thermal treatment site described in section 2, including a change to a thermal treatment site described in paragraph 6 of that section at which hazardous waste or liquid industrial waste is finally disposed of, is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if the amount of waste that would be subject to thermal treatment at the site on any day after the change would exceed the amount of waste that was authorized under the Environmental Protection Act to be subject to thermal treatment at the site before the change. O. Reg. 389/22, s. 4.

Exceptions

9. (1) Despite sections 2 to 8, the establishing or changing of a waste disposal site is not designated under this Part as an undertaking to which the Act applies if,

(a)  pursuant to the regulations made under the Environmental Protection Act, the establishing or changing of the site is exempt from section 27 of that Act; or

(b)  pursuant to the regulations made under the Ontario Water Resources Act, the establishing or changing of the site is exempt from section 53 of that Act.  O. Reg. 101/07, s. 9 (1).

(2) For greater certainty, nothing in this Part designates the acquisition or disposition of a waste disposal site or a change in the owner or person having charge, management or control of a waste disposal site as an undertaking to which the Act applies.  O. Reg. 101/07, s. 9 (2).

part iii
designation of undertakings — environmental screening process available

Environmental Screening Process

10. (1) An undertaking that is designated under this Part as an undertaking to which the Act applies is exempt from Part II of the Act if the undertaking is carried out in accordance with the Environmental Screening Process for Waste Management Projects.  O. Reg. 101/07, s. 10 (1).

(2) Revoked: O. Reg. 243/23, s. 2 (1).

(3) Subsection (1) ceases to apply to an undertaking if, in accordance with the Environmental Screening Process for Waste Management Projects, the Minister gives the proponent a notice to prepare an environmental assessment.  O. Reg. 101/07, s. 10 (3); O. Reg. 243/23, s. 2 (2).

(4) Revoked: O. Reg. 243/23, s. 2 (3).

(5) If, pursuant to subsection (1), Part II of the Act does not apply to an undertaking and proceeding with the undertaking conflicts with a condition imposed by an approval under the Act that applies to another undertaking, subsections 5 (4) and 12.2 (6) and section 38 of the Act do not apply to the condition to the extent of the conflict.  O. Reg. 101/07, s. 10 (5).

Establishment of site

11. The establishing of any of the following waste disposal sites is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies:

1.  A landfilling site or dump with a total waste disposal volume of 40,000 cubic metres or more but not more than 100,000 cubic metres.

2.  A Class A thermal treatment site if it satisfies the criteria set out in subparagraphs 2 i to iv of section 2.

3.  A Class B thermal treatment site if the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is less than or equal to 10 tonnes.

4.  A Class C thermal treatment site.

5.  A Class D thermal treatment site, if,

i.  the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 10 tonnes but less than or equal to 100 tonnes, and

ii.  the annual recovery rate calculated under subsection 1 (4) in respect of thermal treatment at the site is less than 70 per cent.

6.  A Class D thermal treatment site, if,

i.  the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 100 tonnes but less than or equal to 1,000 tonnes, and

ii.  the annual recovery rate calculated under subsection 1 (4) in respect of thermal treatment at the site is equal to or greater than 70 per cent.

7.  A waste disposal site at which waste is handled, treated or processed, if, on an annual basis, an average of more than 1,000 tonnes of waste per day is transferred from the site for final disposal. O. Reg. 389/22, s. 5.

Change that results in site described in s. 11

12. (1) A change to a waste disposal site that is not described in section 11 that would result in it becoming a waste disposal site described in that section is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies. O. Reg. 389/22, s. 6.

(2) Subsection (1) does not apply to a change to a landfilling site or dump, if,

(a)  the change would result in the landfilling site or dump becoming a landfilling site or dump with a total waste disposal volume of 40,000 cubic metres or more but not more than 100,000 cubic metres; and

(b)  the total waste disposal volume of the landfilling site or dump after the change would exceed by less than 40,000 cubic metres the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change.  O. Reg. 101/07, s. 12 (2).

Change to landfilling site or dump, increase in total waste disposal volume

13. (1) A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if the total waste disposal volume of the landfilling site or dump after the change would exceed by 40,000 cubic metres or more but not more than 100,000 cubic metres the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change. O. Reg. 101/07, s. 13.

(2) A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if the change meets the following criteria:

1.  The total waste disposal volume of the landfilling site or dump after the change would exceed the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change by more than 100,000 cubic metres but by less than or equal to 375,000 cubic metres.

2.  The increase in the total waste disposal volume of the landfilling site or dump would not exceed 25 per cent of the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change.

3.  If a notice of completion under the Environmental Screening Process for Waste Management Projects has been submitted to the Ministry in respect of a previous change to the landfilling site or dump that meets the criteria in paragraphs 1 and 2, the day on which the notice of commencement is issued under the Environmental Screening Process for Waste Management Projects in respect of the change is at least 10 years after the day the notice of completion in respect of the previous change was submitted. O. Reg. 243/23, s. 3.

Change to landfilling site or dump, excavation of waste

14. A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if,

(a)  the change involves the excavation of waste that was previously disposed of at the landfilling site or dump; and

(b)  the excavation would increase by 40,000 cubic metres or more but not more than 100,000 cubic metres the amount of waste that could be deposited at the landfilling site or dump without any increase in the total waste disposal volume that the landfilling site is authorized to have under the Environmental Protection Act.  O. Reg. 101/07, s. 14.

Change to landfilling site or dump, increase in rate of fill

15. A change to a landfilling site or dump described in paragraph 1 of section 2 or paragraph 1 of section 11, or to a landfilling site or dump that is a waste disposal site described in paragraph 6 of section 2, is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if the rate at which the landfilling site or dump is filled after the change would exceed the rate at which the landfilling site or dump was authorized to be filled under the Environmental Protection Act before the change.  O. Reg. 101/07, s. 15; O. Reg. 389/22, s. 7.

Change to thermal treatment site, type of thermal treatment site

15.1 A change to a thermal treatment site described in a paragraph of section 11 is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if, after the change, the thermal treatment site would be a thermal treatment site described in a different paragraph of that section. O. Reg. 389/22, s. 8.

Change to thermal treatment site, increase in amount of waste

16. A change to a thermal treatment site described in section 11 is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if the amount of waste that would be subject to thermal treatment at the site on any day after the change would exceed the amount of waste that was authorized under the Environmental Protection Act to be subject to thermal treatment at the site before the change.  O. Reg. 101/07, s. 16; O. Reg. 389/22, s. 9.

Change to site that transfers waste, increase in amount of waste

17. A change to a waste disposal site described in paragraph 7 of section 11 is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if, on an annual basis, the average amount of waste transferred from the site per day after the change would exceed by more than 1,000 tonnes the average amount of waste that was authorized to be transferred from the site for final disposal under the Environmental Protection Act before the change.  O. Reg. 101/07, s. 17; O. Reg. 361/09, s. 3; O. Reg. 389/22, s. 10.

Change to geographic area

18. A change to a waste disposal site described in section 2 or 11 is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies, if the geographic area from which the site receives waste after the change would include any area from which the site was not authorized to receive waste under the Environmental Protection Act before the change.  O. Reg. 101/07, s. 18; O. Reg. 389/22, s. 11.

Exceptions

19. (1) Sections 11 to 18 do not apply to the establishing or changing of a waste disposal site if the establishing or changing of the site is designated under Part II of this Regulation as an undertaking to which the Act applies.  O. Reg. 101/07, s. 19 (1).

(2) Despite sections 11 to 18, the establishing or changing of a waste disposal site is not designated under this Part as an undertaking to which the Act applies if,

(a)  pursuant to the regulations made under the Environmental Protection Act, the establishing or changing of the site is exempt from section 27 of that Act; or

(b)  pursuant to the regulations made under the Ontario Water Resources Act, the establishing or changing of the site is exempt from section 53 of that Act.  O. Reg. 101/07, s. 19 (2).

(3) For greater certainty, nothing in this Part designates the acquisition or disposition of a waste disposal site or a change in the owner or person having charge, management or control of a waste disposal site as an undertaking to which the Act applies.  O. Reg. 101/07, s. 19 (3).

part iv
miscellaneous

Application of O. Reg. 116/01

20. Ontario Regulation 116/01 (Electricity Projects) made under the Act does not apply to anything that is designated under Part II or III of this Regulation as an undertaking to which the Act applies.  O. Reg. 101/07, s. 20.

Undertakings otherwise subject to the Act

21. (1) Subject to subsection (2), Parts II and III do not affect the application of the Act to an undertaking by or on behalf of Her Majesty in right of Ontario or by a public body or public bodies or by a municipality or municipalities.  O. Reg. 101/07, s. 21 (1).

(2) Section 10 applies, with necessary modifications, to an undertaking by or on behalf of Her Majesty in right of Ontario or by a public body or public bodies or by a municipality or municipalities, if the undertaking would be designated under Part III as an undertaking to which the Act applies were it not an undertaking by or on behalf of Her Majesty in right of Ontario or by a public body or public bodies or by a municipality or municipalities.  O. Reg. 101/07, s. 21 (2).

(3) Clause 5 (2) (a) of Regulation 334 of the Revised Regulations of Ontario, 1990 (General) made under the Act does not apply to an undertaking by a municipality or municipalities, if the undertaking would be designated under Part II or III of this Regulation as an undertaking to which the Act applies were it not an undertaking by a municipality or municipalities.  O. Reg. 101/07, s. 21 (3).

(4) If an undertaking is designated under another regulation made under the Act as an undertaking to which the Act applies and is also designated under Part III of this Regulation as an undertaking to which the Act applies, section 10 of this Regulation applies to the undertaking unless the undertaking is exempt from subsection 5 (1) of the Act under another regulation made under the Act.  O. Reg. 101/07, s. 21 (4).

Exemption from s. 12 of Act

22. Section 12 of the Act does not apply to a change to an undertaking in respect of a waste disposal site.  O. Reg. 101/07, s. 22.

Exemptions from Part II of Act

23. Despite any provision of the Act or Part II or III of this Regulation, Part II of the Act does not apply to any of the following things:

1.  An undertaking in respect of a waste disposal site by or on behalf of Her Majesty in right of Ontario or by a public body or public bodies or by a municipality or municipalities, unless, if the undertaking were not an undertaking by or on behalf of Her Majesty in right of Ontario or by a public body or public bodies or by a municipality or municipalities, the undertaking would be designated under Part II or III as an undertaking to which the Act applies.

2.  A change to a waste disposal site, if,

i.  the change is required by an order made under the Environmental Protection Act or the Ontario Water Resources Act, or

ii.  the change involves the excavation of waste that was previously disposed of at the waste disposal site and a Director appointed under section 5 of the Environmental Protection Act or section 5 of the Ontario Water Resources Act is of the opinion that,

A.  the primary purpose of the excavation is not to increase the amount of waste that will be deposited at the site, and

B.  all of the purposes of the excavation are appropriate.

3.  The establishing of a thermal treatment site, if the site would cease operation within 12 months after waste is first received at the site.

4.  The establishing or changing of a thermal treatment site, other than a Class D thermal treatment site, if,

i.  the site is located at a commercial, industrial or manufacturing facility,

ii.  the primary purpose of the facility is not the management of municipal waste, hazardous waste, liquid industrial waste or any other kind of waste,

iii.  not more than 100 tonnes of waste are received at the facility per day, and

iv.  of the energy or fuel generated by thermal treatment at the site that is used,

A.  all of the energy or fuel is used at the facility, and

B.  not all of the energy or fuel is used to dispose of waste.

5.  The establishing or changing of a thermal treatment site, if,

i.  the site is located at a commercial, industrial or manufacturing facility,

ii.  the primary purpose of the facility is not the management of municipal waste, hazardous waste, liquid industrial waste or any other kind of waste,

iii.  all the waste that is subject to thermal treatment at the site is generated at the facility, and

iv.  of the energy or fuel generated by thermal treatment at the site that is used, all of the energy or fuel is used to dispose of waste.

6.  The changing of a landfilling site, if,

i.  the change is an increase in the service area of the landfilling site or an increase in the rate at which waste may be received at the landfilling site from areas within its service area, and

ii.  the increase referred to in subparagraph i is exempt, under section 5.2 of Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act, from being the subject matter of a hearing under section 20.15 of that Act.

7.  The establishing or changing of a waste disposal site, other than a waste disposal site where liquid industrial waste or hazardous waste is disposed of, if the Director is of the opinion that the establishing or changing of the waste disposal site will alleviate an emergency situation that exists by reason of,

i.  danger to the health or safety of any person,

ii.  impairment or immediate risk of impairment of the quality of the natural environment for any use that can be made of it, or

iii.  injury or damage or immediate risk of injury or damage to any property or to any plant or animal life.

8.  The establishing or changing of a landfilling site or dump owned by a person engaged in forest products operations, if,

i.  no hazardous waste or liquid industrial waste is deposited at the landfilling site or dump,

ii.  the only waste deposited at the landfilling site or dump is produced by the person who owns the landfilling site or dump or by other persons engaged in forest products operations, and

iii.  the waste deposited at the landfilling site or dump is predominantly solid process waste, such as woodwaste, effluent treatment solids, hog fired boiler ash, recycling process rejects, lime mud, grits or dregs.

9.  The establishing or changing of a waste disposal site, if the only waste deposited, disposed of, handled, stored, transferred, treated or processed at the site is waste that, under Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act, is exempt from Part V of that Act.  O. Reg. 101/07, s. 23; O. Reg. 361/09, s. 4; O. Reg. 250/11, s. 1; O. Reg. 389/22, s. 12.

Undertakings subject to class environmental assessments

24. (1) Despite subsection 10 (1) and section 23, Part II of the Act applies to an undertaking that is designated under this Regulation as an undertaking to which the Act applies if the undertaking is of a type that is subject to an approved class environmental assessment.  O. Reg. 101/07, s. 24 (1).

(2) Subsection (1) does not prevent a proponent from proceeding with an undertaking that the proponent is otherwise authorized to proceed with in accordance with the approved class environmental assessment.  O. Reg. 101/07, s. 24 (2).

(3) Subsections (1) and (2) apply, with necessary modifications, to an undertaking by or on behalf of Her Majesty in right of Ontario or by a public body or public bodies or by a municipality or municipalities, if the undertaking is of a type that is subject to an approved class environmental assessment.  O. Reg. 101/07, s. 24 (3).

Application for approval to proceed

25. (1) Despite subsection 10 (1) and section 23, Part II of the Act applies to an undertaking that is designated under this Regulation as an undertaking to which the Act applies if the proponent applies to the Minister for approval to proceed with the undertaking.  O. Reg. 101/07, s. 25 (1).

(2) Subsection (1) applies, with necessary modifications, to an undertaking by or on behalf of Her Majesty in right of Ontario or by a public body or public bodies or by a municipality or municipalities, if the proponent applies to the Minister for approval to proceed with the undertaking.  O. Reg. 101/07, s. 25 (2).

26., 27. Revoked: O. Reg. 389/22, s. 13.

Transition: previous approvals

28. (1) Despite subsection 10 (1) and section 23, Part II of the Act applies to an undertaking that is designated under this Regulation as an undertaking to which the Act applies if, before March 23, 2007, an approval was issued for the undertaking under the Act.  O. Reg. 101/07, s. 28 (1); O. Reg. 389/22, s. 14.

(2) Subsection (1) applies, with necessary modifications, to an undertaking by or on behalf of Her Majesty in right of Ontario or by a public body or public bodies or by a municipality or municipalities if, before March 23, 2007, an approval was issued for the undertaking under the Act.  O. Reg. 101/07, s. 28 (2).

(3) If Part II of the Act applies to an undertaking under subsection (1) or (2), the proponent shall proceed with the undertaking in accordance with the approval.  O. Reg. 101/07, s. 28 (3).

Transition, landfill expansions

29. (1) Despite subsection 10 (1) of this Regulation, Part II of the Act applies to an undertaking described in subsection 13 (2) of this Regulation if, as part of an application under subsection 5 (1) of the Act, a proponent has given a proposed terms of reference to the Ministry under subsection 6 (1) of the Act in respect of the undertaking before the date that Ontario Regulation 243/23 came into force and no decision was made in respect of the application under subsection 7 (6) or section 9 or 9.1 of the Act before that date. O. Reg. 243/23, s. 4.

(2) Subsection (1) applies to an undertaking even if the application was withdrawn during the period beginning on November 26, 2021 and ending on the day before the date that Ontario Regulation 243/23 came into force. O. Reg. 243/23, s. 4.