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Environmental Assessment Act
Loi sur les évaluations environnementales

ONTARIO REGULATION 345/93

DESIGNATION AND EXEMPTION — PRIVATE SECTOR DEVELOPERS

Note: This Regulation was revoked on February 22, 2024. (See: O. Reg. 53/24, s. 15 (1))

Last amendment: 53/24.

Legislative History: 391/01, 53/24.

This Regulation is made in English only.

1. In this Regulation,

“private sector developer” means a developer of land other than land belonging to Her Majesty in right of Ontario, a public body or a municipality.  O. Reg. 345/93, s. 1.

2. (1) An enterprise or activity by a private sector developer is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if it is,

(a) of a type listed in Schedule C of the Municipal Class Environmental Assessment that was approved on October 4, 2000 under section 9 of the Act; and

(b) a project provided for residents of a municipality for roads, water or wastewater.  O. Reg. 345/93, s. 2 (1); O. Reg. 391/01, s. 1 (1).

(2) An undertaking designated under subsection (1) is exempt from section 5 of the Act if,

(a) no other environmental assessment has been submitted to the Minister; and

(b) the procedure for the undertaking is set out in the Municipal Class Environmental Assessment and its approval does not require a further approval under section 5 of the Act.  O. Reg. 391/01, s. 1 (2).

3. Revoked:  O. Reg. 391/01, s. 2.

4. This Regulation does not apply with respect to an enterprise or activity by a private sector developer that is commenced before June 7, 1993 if all of the contract drawings and plans related to the enterprise or activity are completed and submitted on or before November 30, 1993 to the municipal engineer of the municipality in which the enterprise or activity is being carried out.  O. Reg. 345/93, s. 4.

5. Copies of the approval and class environmental assessment referred to in this Regulation may be found in the public records maintained under section 30 of the Act.  O. Reg. 391/01, s. 3.