Environmental Assessment Act

ONTARIO REGULATION 53/24

GENERAL AND TRANSITIONAL MATTERS

Consolidation Period:  From July 28, 2026 to the e-Laws currency date.

Note: On January 1, 2027 the day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, the Regulation is amended by striking out “Ontario Regulation 50/24 (Part II.3 Projects — Designations and Exemptions) made under the Act” wherever it appears and substituting in each case “Ontario Regulation 50/24”. (See: O. Reg. 259/26, s. 1)

Last amendment: 259/26.

Legislative History: CTR 11 FE 25 - 1, 259/26.

This is the English version of a bilingual regulation.

CONTENTS

 

Interpretation

Definitions

1. In this Regulation,

“Municipal Class Environmental Assessment” means the Municipal Class Environmental Assessment approved by the Lieutenant Governor in Counsel on October 4, 2000 under Order in Council 1923/2000, as it may be amended or renamed from time to time; (“évaluation environnementale municipale de portée générale”)

Note: On January 1, 2027 the day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, the definition of “Municipal Class Environmental Assessment” in section 1 of the Regulation is revoked. (See: O. Reg. 259/26, s. 2 (2))

Note: On January 1, 2027 the day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, section 1 of the Regulation is amended by adding the following definitions: (See: O. Reg. 259/26, s. 2 (1))

“Ontario Regulation 50/24” means Ontario Regulation 50/24 (Designation of Part II.3 and II.4 Projects) made under the Act; (“Règlement de l’Ontario 50/24”)

“Ontario Regulation 258/26” means Ontario Regulation 258/26 (Part II.4 Projects — Requirements for Commencing and Proceeding) made under the Act; (“Règlement de l’Ontario 258/26”)

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

Note: On January 1, 2027 the day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, section 1 of the Regulation is amended by adding the following definition: (See: O. Reg. 259/26, s. 2 (1))

“Part II.4 transition date”, in respect of an undertaking referred to in section 15 of the Act, means the day the approval of the class environmental assessment that applies in respect of the undertaking is revoked; (“date de transition de la partie II.4”)

“private sector developer” means a developer of land other than land belonging to the Crown, a public body or a municipality; (“promoteur immobilier du secteur privé”)

“public body” has the same meaning as in subsection 1 (2) of Ontario Regulation 51/24 (Exemptions from the Act and from Part II.1 of the Act) made under the Act. (“organisme public”)

Note: On January 1, 2027 the day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, the definition of “public body” in section 1 of the Regulation is amended by striking out “Exemptions from the Act and from Part II.1 of the Act” and substituting “Exemptions”. (See: O. Reg. 259/26, s. 2 (3))

Major commercial or business enterprise or activity

2. An enterprise or activity is defined as a major commercial or business enterprise or activity and is designated for the purposes of clause (b) of the definition of “undertaking” in subsection 1 (1) of the Act if it is an enterprise or activity to which one of the following applies:

1. The Class Environmental Assessment for Waterpower Projects approved by the Lieutenant Governor in Council on September 24, 2008 under Order in Council 1623/2008, as it may be amended or renamed from time to time.

2. The Class Environmental Assessment for Minor Transmission Facilities of Hydro One approved by the Lieutenant Governor in Council on November 16, 2016 under Order in Council 1726/2016, as it may be amended or renamed from time to time.

Application of Specified Class Environmental Assessments

Revocation of Specified Class Environmental Assessments

3. (1) The Municipal Class Environmental Assessment applies in respect of,

(a) all municipalities; and

(b) private sector developers in respect of an undertaking designated under subsection (2).

(2) An enterprise or activity by a private sector developer is defined as a major commercial or business enterprise or activity and is designated for the purposes of clause (b) of the definition of “undertaking” in subsection 1 (1) of the Act if it is,

(a) of a type listed in Schedule C to the Municipal Class Environmental Assessment; and

(b) in respect of roads, water or wastewater provided for residents of a municipality.

Note: On January 1, 2027 the day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 259/26, s. 3)

Revocation, Municipal Class Environmental Assessment

3. The approval of the Municipal Class Environmental Assessment by Order in Council 1923/2000 is revoked. O. Reg. 259/26, s. 3.

General

Preparation of environmental assessment, contents

4. (1) An environmental assessment prepared for a Part II.3 project must consist of, in addition to the information required under subsection 17.6 (2) of the Act,

(a) a brief summary of the environmental assessment organized in accordance with the matters set out in subsection 17.6 (2) of the Act;

(b) a list of studies and reports which are under the control of the proponent and which were done in connection with the Part II.3 project or matters related to the project;

(c) a list of studies and reports done in connection with the Part II.3 project or matters related to the project of which the proponent is aware and that are not under the control of the proponent; and

(d) if the environmental assessment is for a Part II.3 project with a fixed location, at least two well-marked, legible and reproducible maps showing the location of the project and the area to be affected by it.

(2) Of the maps referred to in clause (1) (d), one shall be a simplified base map suitable for reproduction in any notices that may be published and the other may include more detail such as a 1:10,000 scale Ontario Base Map.

(3) The maps referred to in clause (1) (d) may show alternative proposals.

Transition

Transition to Part II.3

5. (1) If, before the Part II.3 transition date, a proponent has given terms of reference to the Ministry under subsection 6 (1) of the Act in respect of an undertaking and no decision has been made under section 9 or 9.1 of the Act in respect of an application for approval to proceed with the undertaking, the following rules apply:

1. An application submitted under subsection 5 (1) of the Act for approval to proceed with the undertaking is deemed to have been submitted under subsection 17.2 (1) of the Act.

2. The proposed terms of reference given to the Ministry under subsection 6 (1) of the Act is deemed to have been given to the Ministry under subsection 17.4 (1) of the Act.

3. If a proponent has given public notice under subsection 6 (3.1) of the Act, the public notice is deemed to have been given under subsection 17.4 (4) of the Act.

4. If a terms of reference has been approved under subsection 6 (4) of the Act, the terms of reference is deemed to have been approved under subsection 17.4 (10) of the Act.

5. If an environmental assessment has been submitted under subsection 6.2 (1) of the Act, the environmental assessment is deemed to have been submitted under subsection 17.7 (1) of the Act.

6. If a proponent has given public notice under subsection 6.3 (1) of the Act, the public notice is deemed to have been given under subsection 17.8 (1) of the Act.

7. If the Director issued any requirements in respect of a proponent under section 6.3 of the Act, the same requirements are deemed to have been issued in respect of the proponent under section 17.8 of the Act.

8. If a statement describing deficiencies of an environmental assessment has been given under subsection 7 (4) of the Act, the statement is deemed to have been given under subsection 17.11 (4) of the Act.

9. If the Director has given public notice under subsection 7.1 (2) of the Act, the public notice is deemed to have been given under subsection 17.12 (2) of the Act.

(2) An undertaking mentioned in subsection (1) is deemed to be a Part II.3 project.

(3) If a class environmental assessment applies to an undertaking referred to in subsection (2), Part II.1 of the Act does not apply to the undertaking and instead Part II.3 applies to the project.

Note: On January 1, 2027 the day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, section 5 of the Regulation is amended by adding the following subsection: (See: O. Reg. 259/26, s. 4)

(3.1) If an undertaking referred to in subsection (2) is designated as a Part II.4 project under Ontario Regulation 50/24, Part II.4 of the Act does not apply to the project and Part II.3 applies instead. O. Reg. 259/26, s. 4.

(4) The exemptions set out in subsections 12 (1), 17 (1), 18 (1) and 25 (1) of Ontario Regulation 50/24 (Part II.3 Projects — Designations and Exemptions) made under the Act do not apply in respect of an undertaking referred to in subsection (2) of this section.

Note: On January 1, 2027 the day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, the Regulation is amended by adding the following section: (See: O. Reg. 259/26, s. 5)

Deemed Part II.3 projects

5.1 (1) On and after the Part II.4 transition date in respect of an undertaking, the undertaking is deemed to be a Part II.3 project if, after the Part II.3 transition date and before the Part II.4 transition date, the proponent has given terms of reference to the Ministry under subsection 17.4 (1) of the Act in respect of the undertaking. O. Reg. 259/26, s. 5.

(2) If the undertaking referred to in subsection (1) is designated as a Part II.4 project, Part II.3 of the Act applies instead of Part II.4. O. Reg. 259/26, s. 5.

Deadlines

6. For the purposes of determining deadlines set out in the Act and in Ontario Regulation 616/98 (Deadlines) made under the Act, the following rules apply:

1. A terms of reference mentioned in paragraph 2 of subsection 5 (1) is deemed to have been received by the Ministry on the day the terms of reference that was given under subsection 6 (1) of the Act was received by the Ministry.

2. An environmental assessment mentioned in paragraph 5 of subsection 5 (1) is deemed to be received by the Ministry on the day the environmental assessment that was submitted under subsection 6.2 (1) of the Act was received by the Ministry.

3. Public notice mentioned in paragraph 6 of subsection 5 (1) is deemed to have been given on the day it was given under subsection 6.3 (1) of the Act.

4. A requirement mentioned in paragraph 7 of subsection 5 (1) is deemed to have been issued on the day it was issued under section 6.3 of the Act.

5. A statement mentioned in paragraph 8 of subsection 5 (1) is deemed to have been given on the day it was given under subsection 7 (4) of the Act.

6. Public notice mentioned in paragraph 9 of subsection 5 (1) is deemed to have been given on the day it was given under subsection 7.1 (2) of the Act.

7. If the deadline for comments under subsection 7.2 (2) of the Act is less than 13 weeks before the Part II.3 transition date,

i. the deadline determined under subsection 17.19 (1) of the Act is deemed to be the last business day of the 13th week after the deadline for comments under subsection 7.2 (2) of the Act, and

ii. the deadline determined under subsection 17.19 (2) of the Act is deemed to be the last business day of,

A. the 13th week after the deadline for comments under subsection 7.2 (2) of the Act, if there is no reference to mediation under section 8 or 17.14 of the Act or to the Tribunal under section 9.2 or 17.17 of the Act,

B. the seventh week after the Minister receives the mediator’s report, if there is a reference to mediation under section 8 or 17.14 of the Act, or

C. the seventh week after the Minister receives the decision of the Tribunal, if there is a reference to the Tribunal under section 9.2 or 17.17 of the Act.

Landfilling site, municipal support required

7. For the purposes of subsection 17.5 (4) of the Act, public notice mentioned in paragraph 3 of subsection 5 (1) of this Regulation is deemed to have been given on the day it was given under subsection 6 (3.1) of the Act.

Pending application, landfilling site

8. (1) For greater certainty, if, immediately before its repeal, section 6.0.1 of the Act applied to a proponent in respect of establishing a waste disposal site that is a landfilling site, section 17.5 of the Act applies to the proponent in respect of the activity.

(2) Written confirmation given by the Director under subsection 6.0.1 (10) of the Act after July 21, 2020 and before the Part II.3 transition date is deemed to have been given under subsection 17.5 (8) of the Act.

Notice of commencement re transit project assessment process

9. If, before the Part II.3 transition date, a proponent prepared and distributed a notice of commencement of the transit project assessment process under section 7 of Ontario Regulation 231/08 (Transit Projects and Metrolinx Undertakings) made under the Act as it read immediately before subsection 6 (3) of Ontario Regulation 52/24 made under the Act came into force,

(a) the transit project that is the subject of the notice of commencement is deemed to be a Part II.3 project and the exemptions in sections 17 and 18 of Ontario Regulation 50/24 (Part II.3 Projects — Designations and Exemptions) made under the Act apply with necessary modifications; and

(b) section 11 of Ontario Regulation 231/08, as it read immediately before subsection 9 (1) of Ontario Regulation 52/24 came into force, continues to apply in respect of the proponent.

Environmental screening processes

10. For greater certainty, if, before the Part II.3 transition date, a proponent has commenced one of the following processes, any step taken in the process may be relied on for the purposes of the exemptions set out in sections 12, 17, 18 and 25 of Ontario Regulation 50/24 (Part II.3 Projects — Designations and Exemptions) made under the Act, as applicable:

1. The “Environmental Screening Process” as that term was defined in subsection 1 (1) of Ontario Regulation 116/01 (Electricity Projects) made under the Act immediately before that Regulation was revoked.

2. The “transit project assessment process” as that term was defined in subsection 1 (1) of Ontario Regulation 231/08 (Transit Projects and Metrolinx Undertakings) made under the Act immediately before section 2 of Ontario Regulation 52/24 came into force.

3. The “Environmental Screening Process for Waste Management Projects” as that term was defined in subsection 1 (1) of Ontario Regulation 101/07 (Waste Management Projects) made under the Act immediately before that Regulation was revoked.

Private sector developer projects

11. (1) Section 3 of this Regulation applies in respect of an enterprise or activity by a private sector developer if, before the Part II.3 transition date, a notice of commencement was issued under the Municipal Class Environmental Assessment in respect of the enterprise or activity.

(2) Any step taken under the Municipal Class Environmental Assessment by a private sector developer before the Part II.3 transition date in respect of an enterprise or activity referred to in subsection (1) is deemed to be a step taken under Part II.1 of the Act.

Note: On January 1, 2027 the day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, section 11 of the Regulation is revoked and the following substituted: (See: O. Reg. 259/26, s. 6)

Shoreline and in-water works projects

11. (1) A project designated as a Part II.3 project under section 27 of Ontario Regulation 50/24 is exempt from Part II.3 of the Act if,

(a) before February 22, 2024, 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 February 22, 2024 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 any of the works that are part of the project. O. Reg. 259/26, s. 6.

(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 February 22, 2024. O. Reg. 259/26, s. 6.

(3) The exemption in clause (1) (b) ceases to apply on February 22, 2029, unless the construction of the thing is substantially completed before that date. O. Reg. 259/26, s. 6.

Ontario Northland Transportation Commission projects

11.1 (1) Any project designated as a Part II.3 project under section 14 of Ontario Regulation 50/24 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 commenced before December 31, 2025; and

(c) before February 22, 2024, the activity that is designated as the project was exempt from the Act. O. Reg. 259/26, s. 6.

(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. O. Reg. 259/26, s. 6.

Order under s. 16 (1) of the Act

12. An order issued under subsection 16 (1) of the Act before the Part II.3 transition date is deemed to include a declaration that the proposed undertaking is a Part II.3 project.

Expired approvals, end of transition rule

13. If an undertaking is deemed to be a Part II.3 project under section 38.3 of the Act and the approval in respect of that project expires under section 17.25 of the Act, the project is no longer deemed to be a Part II.3 project on and after the expiration date.

Records re Part II.1 of the Act, retention etc.

14. On request, the Director shall make the following records available for inspection unless the record has been disposed of in accordance with the Archives and Recordkeeping Act, 2006:

1. Any record that the Director was required to maintain under section 30 of the Act, as it read on July 20, 2020, in respect of an application submitted under Part II.1 of the Act.

2. Any record that the Director was required to maintain under section 30 of the Act, as it read immediately before the Part II.3 transition date, in respect of an undertaking for which an application was submitted under Part II of the Act.

15. Omitted (revokes other Regulations).

Note: On January 1, 2027 the day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, section 15 of the Regulation is revoked and the following substituted: (See: O. Reg. 259/26, s. 7)

Transition to Part II.4

Authorized under class environmental assessment

15. If, in accordance with section 38.5 of the Act or clause 16 (1) (a) of this Regulation, an undertaking is deemed to be a Part II.4 project, the following rules apply for the purposes of Ontario Regulation 258/26:

1. The project file report or environmental study report, as the case may be, prepared in respect of the undertaking under the applicable approved class environmental assessment, is deemed to be the final report in respect of the project.

2. The day that the report referred to in paragraph 1 is published is deemed to be the day the final report is published on the project website.

3. Any addendum published in respect of the undertaking under the applicable approved class environmental assessment is deemed to be an addendum published in respect of the project.

4. The list of Indigenous communities, if any, provided to the proponent under the applicable approved class environmental assessment is deemed to be the list provided by the Director in respect of the project. O. Reg. 259/26, s. 7.

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

Note: On January 1, 2027 the day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, section 16 of the Regulation is revoked and the following substituted: (See: O. Reg. 259/26, s. 7)

Class environmental assessments in progress

16. (1) The following rules apply if the approval for a class environmental assessment that applies to an undertaking is revoked and, before the Part II.4 transition date in respect of the undertaking, the proponent has given the first mandatory notice under the class environmental assessment to one or more Indigenous communities or to the public but is not authorized, on or before the Part II.4 transition date, to proceed with the undertaking in accordance with the applicable approved class environmental assessment:

1. Part II.1 of the Act and the applicable class environmental assessment continue to apply in respect of the undertaking until the day the proponent is authorized to proceed with the undertaking.

2. On and after the day the proponent is authorized to proceed with the undertaking,

i. the undertaking is deemed to be a Part II.4 project, and

ii. the proponent is deemed to have satisfied all of the requirements for commencing the project prescribed under Ontario Regulation 258/26. O. Reg. 259/26, s. 7.

(2) Subsection (1) does not apply in respect of an undertaking for which a broad master planning notice has been given and for which a notice of completion has not been given. O. Reg. 259/26, s. 7.

(3) The following rules apply if the approved class environmental assessment that applies to an undertaking allows for an archaeological screening process to be carried out in respect of the undertaking, the approval for the class environmental assessment has been revoked and, before the Part II.4 transition date in respect of the undertaking, the proponent has contacted one or more Indigenous communities in respect of the screening process for the undertaking, but has not completed the screening process on or before the Part II.4 transition date:

1. Part II.1 of the Act and the applicable class environmental assessment continue to apply in respect of the undertaking until the day the proponent completes the screening process.

2. On and after the day the proponent completes the screening process, the Act no longer applies to the undertaking. O. Reg. 259/26, s. 7.

(4) Despite subsections (1) and (3), if, within 90 days after the Part II.4 transition date in respect of an undertaking described in those subsections, a proponent gives the Director a written notice of termination of the class environmental assessment process in respect of the undertaking,

(a) if the undertaking is not designated under Ontario Regulation 50/24 as a Part II.4 project, the Act ceases to apply in respect of the undertaking on the day the notice is given; or

(b) if the undertaking is designated under Ontario Regulation 50/24 as a Part II.4 project, Part II.1 of the Act and the applicable class environmental assessment cease to apply in respect of the undertaking on the day the notice is given and Part II.4 of the Act applies instead. O. Reg. 259/26, s. 7.

(5) Before giving a notice of termination of the class environmental assessment process in respect of the following undertakings, the proponent must give an advance notice in accordance with subsection (6):

1. An undertaking referred to in subsection (1) that is described in section 29, 32, 35, 37 or 38 of Ontario Regulation 50/24.

2. An undertaking that is not designated under Ontario Regulation 50/24 as a Part II.4 project. O. Reg. 259/26, s. 7.

(6) The proponent shall give an advance notice that includes the following information to each Indigenous community and person contacted by the proponent under the applicable approved class environmental assessment and to any other person who, in the opinion of the proponent, may be interested, and the proponent shall allow at least 30 days to provide comments:

1. A description of the undertaking.

2. An indication of the approved class environmental assessment process being carried out.

3. A statement that the proponent intends to terminate the class environmental assessment process.

4. An indication of whether,

i. Part II.4 will apply to the project, or

ii. the Act will cease to apply to the undertaking.

5. A statement that a person may submit comments to the proponent respecting any concerns about potential adverse impacts of the undertaking on the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.

6. The deadline for providing comments to the proponent in respect of any potential adverse impacts of the undertaking and directions on how to do so. O. Reg. 259/26, s. 7.

(7) Subsection (4) does not apply if, in respect of the undertaking,

(a) a notice of completion has been issued under the applicable approved class environmental assessment before the Part II.4 transition date;

(b) a request has been made under subsection 16 (6) of the Act and, immediately before the Part II.4 transition date, no decision has been made in respect of the request;

(c) an order under subsection 16 (3) of the Act has been issued before the Part II.4 transition date;

(d) an Indigenous community has raised concerns in written comments submitted to the proponent in response to an advance notice given under subsection (6); or

(e) the proponent has given a written notice under clause 18 (1) (a) of Ontario Regulation 50/24 that they will carry out the undertaking in accordance with the applicable approved class environmental assessment. O. Reg. 259/26, s. 7.

(8) In this section,

“broad master planning notice” means a notice in respect of Approach #1 in Section A.2.7.1 of the Municipal Class Environmental Assessment, as last amended on February 22, 2024. O. Reg. 259/26, s. 7.

Changes to projects

17. If, on the Part II.4 transition date in respect of an undertaking, a proponent has given a notice of addendum under the applicable approved class environmental assessment in respect of a proposed change to the undertaking but is not authorized, on that date, to make the proposed change,

(a) Part II.1 of the Act and the class environmental assessment continue to apply in respect of the proposed change to the undertaking; and

(b) paragraphs 2 and 3 of subsection 10 (1) of Ontario Regulation 258/26 do not apply in respect of the proposed change to the undertaking. O. Reg. 259/26, s. 7.

Municipal projects, previously exempt

18. (1) An activity designated as a Part II.4 project under Part V, VI, VII or VIII of Ontario Regulation 50/24 is exempt from Part II.4 of the Act, if,

(a) immediately before the day Ontario Regulation 259/26 comes into force, the activity was exempt from the Act or the Act did not apply to the activity; and

(b) in the case of an activity designated under section 28, 31, 34 or 36, the proponent substantially proceeded with the activity before the day Ontario Regulation 259/26 came into force. O. Reg. 259/26, s. 7.

(2) For the purposes of clause (1) (b), activities such as entering contracts, performing geotechnical or other investigations for the purposes of construction, site preparation, fencing and staging do not constitute substantially proceeding with an activity. O. Reg. 259/26, s. 7.

Municipal projects, previous archaeological assessment

19. (1) An undertaking designated as a Part II.4 project under section 29, 32, 35, 37 or 38 of Ontario Regulation 50/24 is exempt from Part II.4 of the Act if, after January 1, 2011 and before the Part II.4 transition date in respect the undertaking, one or more of the following reports, as applicable, in respect of all parts of the land where the undertaking will be carried out, were entered in the Ontario Public Register of Archaeological Reports:

1. A Stage 1 report.

2. A Stage 2 report, if a Stage 1 report recommends Stage 2 assessment.

3. A marine report. O. Reg. 259/26, s. 7.

(2) In this section,

“marine report”, “Ontario Public Register of Archaeological Reports”, “Stage 1 report”, “Stage 2 assessment” and “Stage 2 report” have the same meaning as in Ontario Regulation 258/26. O. Reg. 259/26, s. 7.

Orders under s. 16 of the Act

20. (1) If, before the Part II.4 transition date in respect of an undertaking, an order has been issued under subsection 16 (1) of the Act requiring the proponent to comply with Part II.3 before proceeding with the undertaking, then, on and after that date,

(a) the order is deemed to be an order issued under subsection 17.31 (1) of the Act declaring the undertaking to be a Part II.3 project; and

(b) Part II.3 applies with respect to the project. O. Reg. 259/26, s. 7.

(2) If, before the Part II.4 transition date in respect of an undertaking, an order has been issued under subsection 16 (3) of the Act imposing conditions on the undertaking, then, on and after the day the undertaking is deemed to be a Part II.4 project, the order is deemed to have been issued under subsection 17.31 (3) of the Act. O. Reg. 259/26, s. 7.