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Environmental Assessment Act

ONTARIO REGULATION 50/24

PART II.3 PROJECTS - DESIGNATIONS AND EXEMPTIONS

Consolidation Period: From February 22, 2024 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

PART I
INTERPRETATION AND APPLICATION

1.

Interpretation

2.

Associated transmission lines, transmission stations

3.

Change includes expansion, etc.

4.

Clarification, establishing

5.

Conflict with other approvals

PART II
ELECTRICITY PROJECTS

6.

Interpretation

7.

Part II.3 electricity projects, comprehensive environmental assessments

8.

Same, changes

9.

Electricity projects, environmental screening

10.

Same, changes

11.

Exception, electricity projects

12.

Part II.3 exemption — environmental screening process

PART III
TRANSIT AND RAIL PROJECTS

13.

Definition

14.

Transit and rail projects by municipalities, ONTC or Metrolinx — project assessment

15.

Transit and rail projects by Ministry of Transportation — project assessment

16.

Transit and rail projects re electrification — project assessment

17.

Part II.3 exemption — project assessment process

18.

Part II.1 and Part II.3 exemption — project assessment process

PART IV
WASTE MANAGEMENT PROJECTS

19.

Interpretation

20.

Part II.3 waste projects, comprehensive environmental assessments

21.

Same, changes

22.

Waste projects — environmental screening

23.

Same, changes

24.

Exception, waste projects

25.

Part II.3 exemption — environmental screening process

PART V
WATERFRONT PROJECTS

26.

Part II.3 waterfront projects, comprehensive environmental assessments

PART VI
EXEMPTIONS — PRE-TRANSITION DATE PROJECTS

27.

Definition

28.

Establishing — ONTC projects

29.

Establishing — waterfront projects

 

Part I
Interpretation and Application

Interpretation

1. (1) In this Regulation,

“biomass” means, except in paragraph 5 of subsection 11 (2) and paragraph 3 of subsection 24 (2),

(a)  peat,

(b)  wood, other than woodwaste, or

(c)  organic materials that are grown or harvested for the purpose of being burned to generate electricity; (“biomasse”)

“energy” includes electricity or steam; (“énergie”)

“generation facility” has the same meaning as in the Electricity Act, 1998, except that for the purpose of this Regulation two or more generation facilities that function together as an integrated system for generating electricity are deemed to be a single generation facility; (“installation de production”)

“grade separation” means a crossing of rail and a road at different levels or a crossing of two roads or rail lines at different levels; (“saut-de-mouton”)

“landfill gas” means gas collected from the decomposition of organic materials in a landfilling site; (“gaz d’enfouissement”)

“landfilling site” means a waste disposal site where landfilling occurs; (“lieu d’enfouissement”)

“maintenance facility” means a facility for the servicing or repairing of major mechanical components of rail or transit vehicles; (“installation d’entretien”)

“name plate capacity” means, with respect to a generation facility, the total of the design electricity generating capacities of all the generation units in the facility; (“capacité nominale”)

“park-and-ride lot” means a parking lot associated with a passenger station for the purposes of passenger transfer between personal motor vehicles and rail or bus services; (“stationnement incitatif”)

“passenger pick-up/drop off area” means an area at a passenger station where a passenger can be dropped off or picked up; (“aire d’arrêt minute”)

“passenger station” means a station along a rail or bus route where passengers can embark or disembark to transfer between rail or bus routes or other travel modes but does not include a facility which is only a transit stop; (“gare ou station”)

“passing tracks” means rail tracks adjacent to a main rail line with a switching point at each end that are used to allow trains to pass one another; (“voies d’évitement”)

“primary power source” means, with respect to a generation facility, the primary power source used by the facility to generate electricity, based on the annual energy input of the power sources used by the facility to generate electricity; (“source d’énergie première”)

“rail line” means the track upon which rail service is provided and includes any right of way that is exclusively for the rail service but does not include a track in a rail yard or storage yard; (“ligne de chemin de fer”)

“rail yard” means a yard containing a series of non-main tracks for switching, storing, sorting, loading or unloading rail cars and includes any associated facilities within the yard such as maintenance facilities, storage yards and facilities for loading and unloading rail cars; (“dépôt de rails”)

“renewable energy generation facility” has the same meaning as in the Electricity Act, 1998; (“installation de production d’énergie renouvelable”)

“renewable energy source” has the same meaning as in the Electricity Act, 1998; (“source d’énergie renouvelable”)

“sensitive area” means,

(a)  an area of residential land use, or

(b)  an environmentally sensitive area such as an area that includes natural heritage features, cultural heritage or archaeological resources, recreational land uses or other sensitive land uses; (“zone sensible”)

“storage yard” means a facility for the storage of rail or transit vehicles and may include facilities used for fuelling or washing vehicles, loading and unloading goods or performing minor running maintenance; (“cour d’entreposage”)

“thermal treatment” includes incineration, gasification, pyrolysis or plasma arc treatment; (“traitement thermique”)

“thermal treatment site” means a waste disposal site where thermal treatment is used; (“lieu de traitement thermique”)

“transit stop” means a location along a rail or bus route that is used by passengers to embark or disembark and has no structures other than simple structures such as passenger shelters and benches; (“arrêt de transport en commun”)

“transmission station” means a station that is used in the transmission or transformation of electrical power and may comprise transformer stations, switching stations, compensation stations, regulating stations, terminal or tap stations, high voltage direct current stations or other types of stations; (“poste de transport”)

“waste disposal site” has the same meaning as in Part V of the Environmental Protection Act. (“lieu d’élimination des déchets”)

(2) In this Regulation, unless otherwise indicated, 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.  Dump.

2.  Hazardous waste.

3.  Landfilling.

4.  Liquid industrial waste.

5.  Municipal waste.

6.  Woodwaste.

(3) For clarity, a maintenance facility or storage yard located in a rail yard may be used to maintain or store buses.

(4) For clarity, a storage yard may consist solely of tracks adjacent to a rail line, however, passing tracks that are used to temporarily store trains are not considered to be a storage yard.

(5) If a transmission station is designed to operate at more than one voltage, a reference in this Regulation to “nominal operating voltage” with respect to the station is a reference to the highest voltage at which the station is designed to operate.

(6) For the purposes of subsection 3 (3) of the Act, an enterprise or activity is not ancillary to a Part II.3 project if the proponent of the enterprise or activity is different than the proponent of the project.

(7) Subsection (6) does not apply if the proponent of the enterprise or activity and the proponent of the project jointly notify the Director that the enterprise or activity is ancillary to the project.

Associated transmission lines, transmission stations

2. (1) For the purposes of this Regulation,

(a)  a transmission line is associated with a generation facility if the line is used to transmit electricity at the facility or from the facility to the IESO-controlled grid; and

(b)  a transmission station is associated with a generation facility if the station is used to transform the voltage of electricity at the facility or on a transmission line associated with the facility.

(2) In this section,

“IESO-controlled grid” has the same meaning as in the Electricity Act, 1998.

Change includes expansion, etc.

3. (1) In this Regulation, a reference to a change, with respect to a waste disposal site, includes an alteration, enlargement or extension of the site but does not include the decommissioning or retirement of the site.

(2) In this Regulation, a reference to a change, with respect to a generation facility, transmission line or transmission station, includes an expansion of the facility, line or station but does not include the decommissioning or retirement of the facility, line or station.

Clarification, establishing

4. In this Regulation, a reference to establishing a thing does not include,

(a)  planning the thing;

(b)  acquiring property or an interest in property in respect of the thing; or

(c)  issuing or granting a licence, permit, approval, permission or consent in respect of the thing.

Conflict with other approvals

5. If, under section 12, 17, 18 or 25, a project is exempt from Part II.3 of the Act and proceeding with the project would conflict with a condition imposed by an approval under the Act that applies to another project, subsections 17.2 (5) and 17.27 (6) and section 38 of the Act do not apply to the condition to the extent of the conflict.

Part II
Electricity Projects

Interpretation

6. (1) In this Part,

“biogas” means gas collected from the decomposition of organic materials in sewage sludge; (“biogaz)

Environmental Screening Process for Electricity Projects” means Part B of the Ministry publication entitled “Guide to Environmental Assessment Requirements for Electricity Projects” dated January 2011, as amended from time to time, and available on a website of the Government of Ontario; (“processus d’examen environnemental pour les projets de production d’électricité”)

“significant modification” means a change described in subsection (3); (“modification importante”)

“waste biomass” means agricultural waste, sewage, woodwaste and gases generated from the decomposition of organic materials, but does not include biogas or landfill gas. (“biomasse résiduelle”)

(2) In this Part, a reference to municipal waste is a reference to municipal waste that does not include waste biomass.

(3) Each of the following changes constitutes a significant modification:

1.  With respect to a generation facility that does not use coal, hazardous waste, liquid industrial waste, municipal waste or oil as a power source, a change that would result in the facility using coal, hazardous waste, liquid industrial waste, municipal waste or oil as a power source.

2.  With respect to a generation facility that uses coal as its primary power source, a change that would increase the name plate capacity of the facility.

3.  With respect to a generation facility that uses oil as its primary power source, a change that would increase the name plate capacity of the facility by one megawatt or more.

4.  With respect to a generation facility that uses hazardous waste, liquid industrial waste, municipal waste or wind energy as its primary power source, a change that would increase the name plate capacity of the facility by two megawatts or more.

5.  With respect to a generation facility that uses biomass or natural gas as its primary power source, a change that would increase the name plate capacity of the facility by five megawatts or more.

6.  With respect to a generation facility that uses waste biomass as its primary power source, a change that would increase the name plate capacity of the facility by 10 megawatts or more.

7.  With respect to a generation facility that uses biogas or landfill gas as its primary power source, a change that would increase the name plate capacity of the facility by 25 megawatts or more.

8.  With respect to a generation facility that uses municipal waste as its primary power source, a change that would,

i.  increase the name plate capacity of the facility, and

ii.  increase the capacity of the facility to burn municipal waste by five tonnes or more on any day.

9.  With respect to a generation facility that uses water power as its primary power source, a change that would increase the name plate capacity of the facility by greater than or equal to 25 per cent.

10.  With respect to a transmission line that has a nominal operating voltage of greater than or equal to 115 kilovolts, a change in the line that would include one or more of the following if, after the change in the line, the line would have a nominal operating voltage of greater than or equal to 115 kilovolts:

i.  The replacement of a pole or tower.

ii.  A change in a right of way for the line.

11.  With respect to a transmission station, a change in the station that would include the installation of additional transmission equipment, if,

i.  the installation of the additional equipment requires an extension of the site where the station is located, and

ii.  after the installation of the additional equipment, the station would have a nominal operating voltage of greater than or equal to 115 kilovolts.

12.  With respect to a transmission station that has a nominal operating voltage of less than or equal to 230 kilovolts, a change in the station that would include the installation of additional transmission equipment, if the installation of the additional equipment would increase the nominal operating voltage to be greater than 230 kilovolts.

(4) For the purposes of subsection 3 (3) of the Act, activities that are ancillary to a project described in sections 7, 8, 9 or 10 include the following activities:

1.  Establishing or changing a transmission line or transmission station as part of establishing a generation facility.

2.  Establishing or changing a transmission line or transmission station as part of changing a generation facility.

Part II.3 electricity projects, comprehensive environmental assessments

7. Subject to section 11, establishing any of the following things is designated as a project to which Part II.3 of the Act applies:

1.  A generation facility that uses coal as its primary power source.

2.  A generation facility that has a name plate capacity of greater than or equal to five megawatts and that uses oil as its primary power source.

3.  A generation facility that has a name plate capacity of greater than or equal to 200 megawatts and that uses water power as its primary power source.

Same, changes

8. Subject to section 11, making one or more of the following changes is designated as a project to which Part II.3 of the Act applies:

1.  A change to a generation facility not described in section 7 if making the change results in the facility becoming a facility described in that section.

2.  A change to a generation facility described in section 7 if the change is a significant modification.

Electricity projects, environmental screening

9. Subject to sections 11 and 12, establishing any of the following things is designated as a project to which Part II.3 of the Act applies:

1.  A generation facility that has a name plate capacity of greater than or equal to one megawatt but less than five megawatts and that uses oil as its primary power source.

2.  A generation facility that has a name plate capacity of greater than or equal to two megawatts and that uses wind energy as its primary power source.

3.  A generation facility that has a name plate capacity of greater than or equal to five megawatts and that uses biomass or natural gas as its primary power source.

4.  A generation facility that has a name plate capacity of greater than or equal to 10 megawatts and that uses waste biomass as its primary power source.

5.  A generation facility that has a name plate capacity of greater than or equal to 25 megawatts and that uses biogas as its primary power source.

6.  A generation facility that has a name plate capacity of greater than or equal to 25 megawatts, uses landfill gas as its primary power source and is located at a waste disposal site the establishment of which does not or did not require approval under the Act.

7.  A generation facility that has a name plate capacity of less than 200 megawatts and that uses water power as its primary power source.

8.  A transmission line that,

i.  is not associated with a generation facility described in this section,

ii.  is greater than two kilometres in length, and

iii.  has a nominal operating voltage of greater than or equal to 115 kilovolts.

9.  A transmission line that has a nominal operating voltage of greater than or equal to 115 kilovolts and is associated with a generation facility described in this section.

10.  A transmission station that has a nominal operating voltage of greater than or equal to 115 kilovolts.

Same, changes

10. Subject to sections 11 and 12, making one or more of the following changes is designated as a project to which Part II.3 of the Act applies:

1.  A change to a generation facility, transmission line or transmission station not described in section 9 if making the change results in the facility, line or station becoming a facility, line or station described in that section.

2.  A change to a generation facility, transmission line or transmission station described in section 9.

3.  A change to a generation facility described in section 7 if the change is not a significant modification.

Exception, electricity projects

11. (1) Sections 7 to 10 do not apply to,

(a)  establishing or changing a generation facility that is constructed only for the purpose of providing electricity to the site where the generation facility is located in the event of a failure of a distributor to deliver electricity to the site;

(b)  establishing or changing a generation facility that uses biogas, biomass, landfill gas, natural gas or waste biomass as its primary power source, if the facility has a name plate capacity of less than or equal to 25 megawatts, and,

(i)  the ratio of the facility’s output energy to its input energy is greater than 0.60, or

(ii)  none of the electricity generated by the facility is sold by the generator through the IESO-administered markets and none of the electricity generated by the facility is sold by the generator directly to persons who use the electricity at a location other than the site on which the facility is located;

(c)  establishing or changing a transmission line or transmission station associated with a generation facility described in clause (a) or (b);

(d)  with respect to a generation facility that uses coal, hazardous waste, liquid industrial waste, municipal waste or oil as its primary power source, making a change to the facility that would result in,

(i)  the facility using less coal, hazardous waste, liquid industrial waste, municipal waste or oil and not using more of any of those power sources, and

(ii)  the name plate capacity of the facility being less than the maximum name plate capacity determined in accordance with the following formula,

A = B + ((C − D) × 0.5)

where,

A =  the maximum name plate capacity of the facility after making the change,

B =  the name plate capacity of the facility before making the change,

C =  the capacity of the facility to generate electricity from coal, hazardous waste, liquid industrial waste, municipal waste or oil before making the change,

D =  the capacity of the facility to generate electricity from coal, hazardous waste, liquid industrial waste, municipal waste or oil after making the change;

(e)  making a change to a generation facility that was changed in the manner described in clause (d) if making the change would result in the facility no longer using coal, hazardous waste, liquid industrial waste, municipal waste or oil as its primary power source;

(f)  making a change to a generation facility, transmission line or transmission station that was constructed before April 23, 2001 if,

(i)  no approval under section 5 of the Act, as it read on April 23, 2001, was required to construct the thing, and

(ii)  the change, together with any other change made since the thing was constructed, is not a significant modification;

(g)  a project that is designated under Part IV of this Regulation as a project to which Part II.3 of the Act applies;

(h)  a project that is designated under paragraph 2 or 3 of subsection 16 (1) as a project to which Part II.3 of the Act applies;

(i)  an undertaking of a type to which an approved class environmental assessment applies; or

(j)  establishing or changing a renewable energy generation facility.

(2) Despite clause (1) (j), sections 7 to 10 apply to a project described in that clause if any of the following criteria are met:

1.  The renewable energy generation facility uses water power as its primary power source.

2.  The renewable energy generation facility has a name plate capacity of less than or equal to 500 kilowatts and on an annual basis, less than 90 per cent of the electricity generated at the facility is generated from a renewable energy source.

3.  The renewable energy generation facility has a name plate capacity of greater than 500 kilowatts and on an annual basis, less than 95 per cent of the electricity generated at the facility is generated from a renewable energy source.

4.  The renewable energy generation 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.

5.  The renewable energy generation 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 kilowatts 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.

6.  Before September 24, 2009, any of the following criteria were met:

i.  The proponent was authorized under Part II or II.1 of the Act to proceed with the project.

ii.  The proponent issued or published a notice of completion in respect of the renewable energy generation facility and entered into a power purchase agreement with the Ontario Power Authority in respect of the supply of renewable energy from the facility.

iii.  A statement of completion was filed with the Director of the Environmental Assessment and Approvals Branch in respect of the renewable energy generation facility 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.

(3) In this section,

“distributor” has the same meaning as in the Electricity Act, 1998; (“transporteur”)

“generator” has the same meaning as in the Electricity Act, 1998; (“producteur”)

“IESO-administered markets” has the same meaning as in the Electricity Act, 1998. (“marchés administrés par la SIERE”)

Part II.3 exemption — environmental screening process

12. (1) A project designated as a Part II.3 project under section 9 or 10 is exempt from Part II.3 of the Act if the project is carried out in accordance with the Environmental Screening Process for Electricity Projects.

(2) Despite subsection (1), a project is not exempt from Part II.3 of the Act if,

(a)  the Minister issues a notice, in accordance with the Environmental Screening Process for Electricity Projects, requiring the proponent to prepare an environmental assessment in respect of the project;

(b)  the proponent applies under subsection 17.2 (1) of the Act for approval to proceed with the Part II.3 project; or

(c)  the project is deemed to be a Part II.3 project under section 38.3 of the Act.

Part III
Transit and Rail Projects

Definition

13. In this Part,

“linear component of a transit system” means a road or rail line that, aside from any incidental use for walking, biking or other means of transporting people by human power, is used exclusively for transportation of passengers by bus or rail; (“composante linéaire d’un réseau de transport en commun”)

“rail freight facility” means a facility for the loading and unloading of freight from rail cars that is not located in a rail yard. (“installation de transport ferroviaire de marchandises”)

Transit and rail projects by municipalities, ONTC or Metrolinx — project assessment

14. (1) Subject to sections 17 and 18, the following activities are designated as projects to which Part II.3 of the Act applies if the activity is carried out by a municipality, the Ontario Northland Transportation Commission, Metrolinx or any of Metrolinx’s successors or assigns:

1.  Constructing any of the following things in or adjacent to a sensitive area:

i.  A new passenger station.

ii.  A new passenger pick-up/drop off area.

iii.  A new park-and-ride lot.

iv.  A new grade separation in respect of a rail line or a linear component of a transit system.

v.  A new storage yard.

vi.  A new maintenance facility.

vii.  A new rail yard.

viii.  A new rail freight facility.

2.  Establishing a new rail line or a new linear component of a transit system.

3.  Constructing or making a change to tracks to increase the rail service on an existing rail line, including the following:

i.  Constructing additional mainline tracks or passing tracks.

ii.  Making a change to existing mainline tracks or passing tracks.

iii.  Constructing short sections of track to maintain continuity of an existing rail line or to address capacity requirements.

iv.  Constructing or relocating a storage yard.

4.  Making a change to a rail yard or storage yard if,

i.  the change requires an extension of the site where the rail yard or storage yard is located, and

ii.  the rail yard or storage yard is located in or adjacent to a sensitive area.

5.  Repairing or replacing a culvert associated with a rail line or a linear component of a transit system, if the repair or replacement changes the capacity of the culvert or drainage area.

6.  Reconstructing a water crossing associated with a rail line or a linear component of a transit system, if the reconstructed water crossing will not have the same location, purpose, use or hydraulic capacity as it had before the reconstruction.

7.  Reconstructing a rail line or a linear component of a transit system if the reconstructed rail line or linear component of a transit system will not have the same location, purpose or use as it had before the reconstruction.

8.  Widening or extending a rail line or a linear component of a transit system.

9.  Widening a road to create transit lanes for bus or rail.

(2) Subsection (1) does not apply in respect of,

(a)  an activity described in paragraph 2, 3, 7 or 8 of subsection (1) if the activity is carried out by the Ontario Northland Transportation Commission and the only tracks being constructed or changed as part of the activity are,

(i)  less than 1.5 kilometres in length, and

(ii)  not located in or adjacent to a sensitive area;

(b)  an activity described in paragraph 5 or 6 of subsection (1) if the activity is ancillary to an activity described in clause (a);

(c)  an activity described in paragraph 3 if the activity is making a change to tracks by installing a switching mechanism to bring existing passing tracks into service; or

(d)  an activity carried out by a municipality if the activity is,

(i)  making a change to a storage yard,

(ii)  constructing a transit loop, or

(iii)  an activity described in paragraph 5 of subsection (1).

(3) For the purposes of subsection 3 (3) of the Act, activities that are ancillary to a project described in paragraph 2 of subsection (1) of this Regulation include the following activities:

1.  Making a change to an existing rail line or an existing linear component of a transit system as part of establishing a new rail line or a new linear component of a transit system under paragraph 2 of subsection (1).

2.  Constructing any of the things listed in paragraph 1 of subsection (1) as part of establishing a new rail line or a new linear component of a transit system under paragraph 2 of that subsection, whether or not the thing is constructed in or adjacent to a sensitive area.

3.  Constructing any other thing related to the maintenance or operation of a rail line or the linear component of a transit system as part of establishing a new rail line or a new linear component of a transit system under paragraph 1 of subsection (1).

(4) In this section,

“transit loop” means a facility constructed for the primary purpose of allowing a transit vehicle to turn around, either at the end of or midway along its route and may include structures such as passenger shelters and washrooms for operators.

Transit and rail projects by Ministry of Transportation — project assessment

15. (1) Subject to sections 17 and 18, the following activities are designated as projects to which Part II.3 of the Act applies if the activity is carried out by the Ministry of Transportation:

1.  Establishing new transit or rail infrastructure.

2.  Making a change to existing transit or rail infrastructure.

(2) For the purposes of paragraph 2 of subsection (1), if making a change to existing transit or rail infrastructure includes making a change to a transitway or reserved bus lane, any extending or realigning of the transitway or reserved bus lane is considered to be part of making the change.

(3) In this section,

“transit or rail infrastructure” includes transitways, reserved bus lanes, rail lines, passenger stations, park-and-ride lots, passenger pick-up/drop off areas, storage yards, maintenance facilities and traffic control centres.

Transit and rail projects re electrification — project assessment

16. (1) Subject to sections 17 and 18, the following activities are designated as projects to which Part II.3 of the Act applies if the activity is in respect of the electrification of a new or existing rail corridor:

1.  Establishing or making a change to a power distribution system for the electrification of rail equipment propulsion.

2.  Subject to subsection (2), establishing or making a change to a transmission line that has a nominal operating voltage of equal to or greater than 115 kilovolts and that is greater than two kilometres in length.

3.  Subject to subsection (3), establishing or making a change to a transmission station that has a nominal operating voltage of equal to or greater than 115 kilovolts.

(2) A project described in paragraph 2 of subsection (1) that involves making a change to a transmission line is designated as a project to which Part II.3 of the Act applies only if,

(a)  the work involved in changing the line requires the replacement of a pole or tower or changes in the right of way for existing transmission lines that have a nominal operating voltage of equal to or greater than 115 kilovolts; and

(b)  the changed line would have a nominal operating voltage of equal to or greater than 115 kilovolts.

(3) A project described in paragraph 3 of subsection (1) that involves making a change to a transmission station is designated as a project to which Part II.3 of the Act applies only if,

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

(b)  the changed transmission station would have a nominal operating voltage of equal to or greater than 115 kilovolts.

Part II.3 exemption — project assessment process

17. (1) If a project designated as a Part II.3 project under section 14, 15 or 16 is not also an undertaking referred to in section 15 of the Act, the project is exempt from Part II.3 of the Act if the project is carried out in accordance with the project assessment process set out in Ontario Regulation 231/08 (Transit and Rail Project Assessment Process) made under the Act.

(2) Despite subsection (1), a project is not exempt from Part II.3 of the Act if,

(a)  the Minister issues a notice, in accordance with the project assessment process set out in Ontario Regulation 231/08 (Transit and Rail Project Assessment Process), requiring the proponent to prepare an environmental assessment in respect of the project;

(b)  the proponent applies under subsection 17.2 (1) of the Act for approval to proceed with the Part II.3 project and gives written notice of the application to the Director of the Environmental Assessment Branch; or

(c)  the project is deemed to be a Part II.3 project under section 38.3 of the Act.

Part II.1 and Part II.3 exemption — project assessment process

18. (1) A project that is designated as a Part II.3 project under section 14, 15 or 16 and that is also an undertaking referred to in section 15 of the Act is,

(a)  exempt from Part II.3 of the Act if the proponent gives written notice to the Director of the Environmental Assessment Branch that the proponent will carry out the undertaking in accordance with the approved class environmental assessment; or

(b)  exempt from Parts II.1 and II.3 of the Act if the proponent carries out the project in accordance with the project assessment process set out in Ontario Regulation 231/08 (Transit and Rail Project Assessment Process).

(2) Despite clause (1) (b), a project described in that clause exempt from Part II.1 of the Act but not exempt from Part II.3 of the Act if,

(a)  the Minister issues a notice, in accordance with the project assessment process set out in Ontario Regulation 231/08 (Transit and Rail Project Assessment Process), requiring the proponent to prepare an environmental assessment in respect of the project;

(b)  the proponent applies under subsection 17.2 (1) of the Act for approval to proceed with the Part II.3 project; or

(c)  the project is deemed to be a Part II.3 project under section 38.3 of the Act.

Part IV
Waste Management Projects

Interpretation

19. (1) In this Part,

“Class A thermal treatment site” means a thermal treatment site that uses coal, oil or petroleum coke as a fuel for thermal treatment; (“lieu de traitement thermique de catégorie A”)

“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 (2).

3.  Of the energy generated by thermal treatment that is used, all of it is used at the site to dispose of waste; (“lieu de traitement thermique de catégorie B”)

“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 (2), 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 (2), 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; (“lieu de traitement thermique de catégorie C”)

“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 (2).

3.  Of the energy generated by thermal treatment that is used, all of it is used at the site; (“lieu de traitement thermique de catégorie D”)

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” dated March 15, 2007, as amended from time to time, and available on a website of the Government of Ontario; (“processus d’examen environnemental pour les projets de gestion des déchets”)

“forest products operations” includes the operations of a lumber mill, saw mill, pulp mill or similar facility; (“activités liées aux produits forestiers”)

“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. (“volume total d’élimination des déchets”)

(2) For the purposes of the definition 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.

(3) For the purposes of this Part, 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 (2) 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.

Part II.3 waste projects, comprehensive environmental assessments

20. Subject to section 24, establishing any of the following waste disposal sites is designated as a project to which Part II.3 of the Act applies:

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

2.  A Class A thermal treatment site other than a Class A thermal treatment site described in paragraph 2 of section 22.

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 greater 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 greater than 100 tonnes, and

ii.  the annual recovery rate calculated under subsection 19 (3) 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 greater than 1,000 tonnes, and

ii.  the annual recovery rate calculated under subsection 19 (3) 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.

Same, changes

21. (1) Subject to section 24, making one or more of the following changes is designated as a project to which Part II.3 of the Act applies:

1.  A change to a waste disposal site not described in section 20 if making the change results in the site becoming a site described in paragraph 2, 3, 4, 5 or 6 of that section.

2.  A change to a landfilling site or dump 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.

3.  A change to a landfilling site or dump that meets the following criteria:

i.  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 greater than 100,000 cubic metres but by less than or equal to 375,000 cubic metres.

ii.  The change does not meet the criteria in paragraph 3 of section 23.

4.  A change to a landfilling site or dump, if,

i.  the change involves the excavation of waste that was previously disposed of at the landfilling site or dump, and

ii.  the excavation would increase by greater 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.

5.  A change to a landfilling site or dump at which hazardous waste or liquid industrial waste is finally disposed of, if,

i.  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

ii.  the change involves the excavation of waste that was previously disposed of at the landfilling site or dump.

6.  A change to a thermal treatment site described in a paragraph of section 20 if, after the change, the thermal treatment site would be a thermal treatment site described in a different paragraph of that section.

7.  A change to a thermal treatment site described in section 20, 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, 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.

8.  A change to a thermal treatment site described in paragraph 2 of section 20 if,

i.  of the energy or fuel generated by thermal treatment at the site that is used before the change, not all of the energy or fuel is used to dispose of waste,

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

iii.  after the change, the site would continue to be a thermal treatment site described in paragraph 2 of section 20.

(2) For greater certainty, a change to a thermal treatment site described in paragraph 6 of subsection (1) includes a change to a thermal treatment site described in paragraph 2, 3, 4, or 5 of section 20 even if the only result of the change is that the thermal treatment site is, after the change, also described by paragraph 6 of that section.

Waste projects — environmental screening

22. Subject to sections 24 and 25, establishing any of the following waste disposal sites is designated as a project to which Part II.3 of the Act applies:

1.  A landfilling site or dump with a total waste disposal volume of greater than or equal to 40,000 cubic metres but less than or equal to 100,000 cubic metres.

2.  A Class 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.  greater 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 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 greater than 10 tonnes but less than or equal to 100 tonnes, and

ii.  the annual recovery rate calculated under subsection 19 (3) 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 greater than 100 tonnes but less than or equal to 1,000 tonnes, and

ii.  the annual recovery rate calculated under subsection 19 (3) 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.

Same, changes

23. Subject to sections 24 and 25, making one or more of the following changes is designated as a project to which Part II.3 of the Act applies:

1.  A change to a waste disposal site not described in section 22 if making the change results in the site becoming a site described in paragraph 2, 3, 4, 5, 6 or 7 of that section.

2.  A change to a landfilling site or dump 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 greater than or equal to 40,000 cubic metres but by less than or equal to 100,000 cubic metres.

3.  A change to a landfilling site or dump that meets the following criteria:

i.  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 greater than 100,000 cubic metres but by less than or equal to 375,000 cubic metres.

ii.  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.

iii.  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 subparagraphs i and ii, 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.

4.  A change to a landfilling site or dump, if,

i.  the change involves the excavation of waste that was previously disposed of at the landfilling site or dump, and

ii.  the excavation would increase by greater than 40,000 cubic metres but by less than or equal to 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.

5.  A change to a landfilling site or dump described in paragraph 1 or 6 of section 20 or paragraph 1 of section 22 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.

6.  A change to a thermal treatment site described in a paragraph of section 22, if after the change, the thermal treatment site would be a thermal treatment site described in a different paragraph of that section.

7.  A change to a thermal treatment site described in a paragraph of section 22 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.

8.  A change to a waste disposal site described in paragraph 7 of section 22 if, on an annual basis, the average amount of waste transferred from the site per day after the change would exceed by greater 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.

9.  A change to a waste disposal site described in section 20 or section 22 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.

Exception, waste projects

24. (1) Sections 20 to 23 do not apply to,

(a)  establishing a waste disposal site if establishing the site is exempt from section 27 of the Environmental Protection Act or section 53 of the Ontario Water Resources Act;

(b)  making a change to a waste disposal site if making the change is exempt from section 27 of the Environmental Protection Act or section 53 of the Ontario Water Resources Act;

(c)  establishing or making a change to 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;

(d)  making a change to a waste disposal site if making the change is required by an order made under the Environmental Protection Act or the Ontario Water Resources Act;

(e)  making a change to a waste disposal site that involves excavating waste that was previously disposed of at the site if the Director is of the opinion that,

(i)  the primary purpose of the excavation is not to increase the amount of waste that will be deposited at the site, and

(ii)  all of the purposes of the excavation are appropriate;

(f)  establishing or making a change to 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 establishing or changing the 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;

(g)  establishing a thermal treatment site if the site would cease operations within 12 months after waste is first received at the site;

(h)  establishing or making a change to 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;

(i)  establishing or making a change to 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;

(j)  establishing or making a change to a landfilling site or dump if,

(i)  the landfilling site or dump is owned by a person engaged in forest products operations,

(ii)  no hazardous waste or liquid industrial waste is deposited at the landfilling site or dump,

(iii)  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

(iv)  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;

(k)  making a change that 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 subsection 20.15 (1) of that Act, if the change is to a landfilling site and the change increases,

(i)  the service area of the landfilling site, or

(ii)  the rate at which waste may be received at the landfilling site from areas within its service area;

(l)  a project that is an undertaking of a type to which an approved class environmental assessment applies; or

  (m)  establishing or making a change to a waste disposal site that is a renewable energy generation facility.

(2) Despite clause (1) (m), a project described in that clause is designated as a project to which Part II.3 of the Act applies if any of the following criteria are met:

1.  The facility has a name plate capacity of less than or equal to 500 kilowatts and on an annual basis, less than 90 per cent of the electricity generated at the facility is generated from a renewable energy source.

2.  The facility has a name plate capacity of greater than 500 kilowatts and on an annual basis, less than 95 per cent of the electricity generated at the facility is generated from a renewable energy source.

3.  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 kilowatts 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.

4.  The renewable energy generation 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.

5.  Before September 24, 2009 any of the following criteria were met:

i.  The proponent was authorized under Part II or II.1 of the Act to proceed with the project.

ii.  The proponent issued or published a notice of completion in respect of the renewable energy generation facility and entered into a power purchase agreement with the Ontario Power Authority in respect of the supply of renewable energy from the facility.

iii.  A statement of completion was filed with the Director of the Environmental Assessment and Approvals Branch in respect of the renewable energy generation facility 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.

Part II.3 exemption — environmental screening process

25. (1) A project designated as a Part II.3 project under section 22 or 23 is exempt from Part II.3 of the Act, if,

(a)  the project is not described in section 20 or 21; and

(b)  the project is carried out in accordance with the Environmental Screening Process for Waste Management Projects.

(2) Despite subsection (1), a project is not exempt from Part II.3 of the Act, if,

(a)  the Minister issues a notice, in accordance with the Environmental Screening Process for Waste Management Projects, requiring the proponent to prepare an environmental assessment in respect of the project;

(b)  the proponent applies under subsection 17.2 (1) of the Act to proceed with the Part II.3 project; or

(c)  the project is deemed to be a Part II.3 project under section 38.3 of the Act.

Part V
WAterfront Projects

Part II.3 waterfront projects, comprehensive environmental assessments

26. (1) Establishing one or more works is designated as a project to which Part II.3 of the Act applies if the works, taken together,

(a)  alter at least one kilometre of shoreline in the Great Lakes-St. Lawrence River system; and

(b)  require at least four hectares of lakebed or riverbed in the Great Lakes-St. Lawrence River system to be filled.

(2) For greater certainty, if a single works or any combination of works satisfies clauses (1) (a) and (b), the works or combination of works is a Part II.3 project.

(3) The length of shoreline in clause (1) (a) and the area of lakebed or riverbed in clause (1) (b) do not include the length of any shoreline or area of any lakebed or riverbed, respectively, of a tributary of the Great Lakes-St. Lawrence River system, other than the mouth of the tributary.

(4) In this section,

“Great Lakes-St. Lawrence River system” means the major water system consisting of,

(a)  Lake Ontario, Lake Erie, Lake Huron, Lake Superior and Lake St. Clair,

(b)  the St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers, and

(c)  the mouth of any tributary to a water body mentioned in clauses (a) and (b); (“réseau hydrographique des Grands Lacs et du Saint-Laurent”)

“works” means any thing that may be established on or near a waterfront, including a beach, berm, breakwall, channel, groyne, island, marina, pier or riprap. (“ouvrage”)

part Vi
Exemptions — Pre-Transition date Projects

Definition

27. In this Part,

“Part II.3 transition date” means the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force.

Establishing — ONTC projects

28. (1) Any project designated as a Part II.3 project under section 14 is exempt from Part II.3 of the Act if,

(a)  the activity that is designated as the project is carried out by the Ontario Northland Transportation Commission;

(b)  the project involves construction of a thing and the construction commences before December 31, 2025; and

(c)  before the Part II.3 transition date, the activity that is designated as the project was exempt from the Act.

(2) The exemption in subsection (1) ceases to apply on December 31, 2030 unless the construction of the thing is substantially completed before that date.

Establishing — waterfront projects

29. (1) A project designated as a Part II.3 project under section 26 is exempt from Part II.3 of the Act, if,

(a)  before the Part II.3 transition date, a process of public consultation was commenced in respect of the project in accordance with an approved class environmental assessment;

(b)  construction of any of the works that are part of the project commenced before the Part II.3 transition date and, when the construction of the works commenced, the Act did not apply in respect of the project; or

(c)  before March 10, 2023, an application under the Planning Act was made in respect of the any works that are part of the project.

(2) For greater certainty, a reference to a project in clause (1) (a) is a reference to a project that was an undertaking or a part of an undertaking before the Part II.3 transition date.

(3) The exemption in clause (1) (b) ceases to apply on the fifth anniversary of the Part II.3 transition date unless the construction of the thing is substantially completed before that date.

Part VII (OMITTED)

30. Omitted (revokes other Regulations).

31. Omitted (provides for coming into force of provisions of this Regulation).

 

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