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Environmental Bill of Rights, 1993
Charte des droits environnementaux de 1993

ONTARIO REGULATION 681/94

Amended to O. Reg. 420/05

CLASSIFICATION OF PROPOSALS FOR INSTRUMENTS

Historical version for the period June 30, 2005 to September 22, 2005.

This Regulation is made in English only.

PART I
MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS

Interpretation

0.1 In this Part, a proposal for an instrument includes a proposal to issue it, amend it or revoke it, whether the amendment or revocation is authorized by the same provision of an Act or regulation that authorizes the issuance of the instrument or by a different provision. O. Reg. 180/98, s. 1.

Class I Proposals — Gasoline Handling Code

1. The following is a Class I proposal for an instrument:

1. A proposal, pursuant to clause 19 (3) (c) of the Ministry of Consumer and Commercial Relations Act or section 18 of Ontario Regulation 521/93, for a variance from or permission to deviate from the requirements of any of the following provisions of the Gasoline Handling Code referred to in section 17 of that Regulation:

i. Subsections 4 (3) and (5).

ii. Section 5.

iii. Subsections 6 (1) to (34) and (38) to (43).

iv. Subsections 7 (1) to (9), (11) to (13), (18) to (28), (32) and (35) to (38).

v. Subsections 8 (1) to (16), (18), (19), (21) to (24), (37) to (41), (43), (51) to (53), (55) and (56), clauses 8 (58) (b) to (d) and subsections 8 (59) to (72), (75) to (96) and (99) to (110).

vi. Section 9.

vii. Subsections 10 (1) to (3), clauses 10 (4) (d) to (f), clauses 10 (5) (d), (e) and (g) and subsections 10 (6) to (9).

viii. Section 11.

ix. Section 12.

x. Subsections 13 (1) to (19), (24) to (30), (32), (33) and (41). O. Reg. 180/98, s. 1.

PART II
MINISTRY OF THE ENVIRONMENT

Interpretation

1.1 In this Part, a proposal for an instrument includes a proposal to issue it, amend it or revoke it, whether the amendment or revocation is authorized by the same provision of an Act or regulation that authorizes the issuance of the instrument or by a different provision. O. Reg. 180/98, s. 3.

Class I Proposals — Environmental Protection Act

2. (1) In this section,

“contaminant”, “discharge” and “waste” have the same meaning as in the Environmental Protection Act. O. Reg. 681/94, s. 2 (1).

(2) The following are Class I proposals for instruments:

1. A proposal for an approval under section 9 of the Environmental Protection Act, except an approval that would only permit contaminant discharge that falls into one or more of the following categories:

i. Discharge of a contaminant from any one discharge point for a total of less than 10 hours in any seven-day period.

ii. Discharge of a contaminant resulting from the preparation of food at a site for the purpose of selling the food at the site at retail or distributing it at the site free of charge.

iii. Discharge of a contaminant resulting from operating combustion equipment, if the equipment is not fired with fuel derived from waste, other than wood waste, and is not operated for the purpose of generating heat or electricity for sale.

iv. Discharge of a contaminant from a storage tank or vessel.

v. Discharge of a contaminant from a discharge point that is less than or equal to the discharge already approved under section 9 of the Environmental Protection Act for that contaminant and that discharge point.

2. A proposal for an approval under section 46 of the Environmental Protection Act. O. Reg. 681/94, s. 2 (2).

Class I Proposals — Ontario Water Resources Act

3. The following is a Class I proposal for an instrument:

1. A proposal for a permit under section 34 of the Ontario Water Resources Act that would authorize the taking of water over a period of one year or more, except a proposal for a permit to take water only for the purpose of irrigation of agricultural crops. O. Reg. 681/94, s. 3.

Class I Proposals — Pesticides Act

4. The following are Class I proposals for instruments:

1. A proposal to classify a pesticide under Regulation 914 of the Revised Regulations of Ontario, 1990, if the pesticide contains an active ingredient that is not classified under that Regulation and that is not contained in a pesticide classified under that Regulation.

2. A proposal to reclassify a pesticide under Regulation 914 of the Revised Regulations of Ontario, 1990.

3. A proposal to declassify a pesticide under Regulation 914 of the Revised Regulations of Ontario, 1990, unless,

i. declassification would take place at the request of, or with the consent of, the registrant, or

ii. the pesticide is no longer registered under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada). O. Reg. 313/01, s. 1.

Class II Proposals — Environmental Protection Act

5. (1) In this section,

“waste disposal site” has the same meaning as in the Environmental Protection Act. O. Reg. 681/94, s. 5 (1).

(2) The following are Class II proposals for instruments:

1. A proposal for an order under section 7 of the Environmental Protection Act.

2. A proposal for an order under section 8 of the Environmental Protection Act.

3. A proposal for an approval under section 10 of the Environmental Protection Act.

4. A proposal for an order under section 17 of the Environmental Protection Act.

5. A proposal for an order under section 18 of the Environmental Protection Act.

6. A proposal for an approval under section 27 of the Environmental Protection Act for the use, operation, establishment, alteration, enlargement or extension of a waste disposal site, except,

i. a proposal for an approval for which a hearing is required by section 30 of that Act,

ii. a proposal for an approval for an organic soil conditioning site within the meaning of Regulation 347 of the Revised Regulations of Ontario, 1990,

iii. a proposal for an approval to operate a waste disposal site for household hazardous waste for a period of not more than 12 days per year, and

iv. a proposal for an approval for mobile waste processing equipment.

7. A proposal for an approval under section 31 of the Environmental Protection Act.

8. A proposal for an order under section 43 of the Environmental Protection Act.

9. A proposal for an order under section 44 of the Environmental Protection Act.

10. A proposal for directions under section 94 of the Environmental Protection Act.

11. A proposal for an order under section 97 of the Environmental Protection Act.

12. A proposal for an order under section 136 of the Environmental Protection Act.

13. A proposal for an order under subsection 4 (2), (3) or (4) of Regulation 346 of the Revised Regulations of Ontario, 1990.

Note: On November 30, 2005, paragraph 13 is revoked and the following substituted:

13. A proposal for an order under subsection 20 (5) of Ontario Regulation 419/05 (Air Pollution — Local Air Quality) made under the Environmental Protection Act.

13.1 A proposal for an approval under subsection 32 (21) of Ontario Regulation 419/05.

13.2 A proposal for an order under subsection 39 (3), (4) or (5) of Ontario Regulation 419/05.

See: O. Reg. 420/05, ss. 1, 2.

14. A proposal for a declaration under subsection 2 (1) or (2) of Regulation 350 of the Revised Regulations of Ontario, 1990. O. Reg. 681/94, s. 5 (2); O. Reg. 180/98, s. 4.

Class II Proposals — Ontario Water Resources Act

6. (1) In this section,

“discharge” has the same meaning as in the Ontario Water Resources Act. O. Reg. 681/94, s. 6 (1).

(2) The following are Class II proposals for instruments:

1. A proposal for an order under section 31 of the Ontario Water Resources Act.

2. A proposal for an order under section 32 of the Ontario Water Resources Act.

3. A proposal for a notice under subsection 34 (7) of the Ontario Water Resources Act.

4. A proposal for an order or for directions under subsection 52 (3) of the Ontario Water Resources Act.

5. A proposal for directions under subsection 52 (6) of the Ontario Water Resources Act.

6. A proposal for an approval under subsection 53 (1) of the Ontario Water Resources Act that would set limits for the discharge of specific contaminants from a discharge point unless,

i. there is already an approval under subsection 53 (1) relating to the discharge point, and

ii. the proposed approval would not permit an increase in the discharge of any of the specific contaminants from the discharge point.

7. A proposal for an order or for directions under subsection 53 (3) of the Ontario Water Resources Act.

8. A proposal for directions under section 61 of the Ontario Water Resources Act.

9. A proposal for a report under subsection 62 (1) of the Ontario Water Resources Act.

10. A proposal for directions under section 91 of the Ontario Water Resources Act.

11. A proposal for an order under section 92 of the Ontario Water Resources Act.

12. A proposal for directions under subsection 21 (5) of Regulation 903 of the Revised Regulations of Ontario, 1990. O. Reg. 681/94, s. 6 (2); O. Reg. 180/98, s. 5.

Class II Proposals — Pesticides Act

7. The following are Class II proposals for instruments:

1. A proposal for a notice under subsection 13 (7) of the Pesticides Act.

2. A proposal for an order under section 27 of the Pesticides Act.

3. A proposal for an order under section 28 of the Pesticides Act.

4. A proposal for an order under section 30 of the Pesticides Act. O. Reg. 681/94, s. 7.

Class III Proposals — Environmental Protection Act

8. The following is a Class III proposal for an instrument:

1. A proposal for an approval under section 27 of the Environmental Protection Act for which a hearing is required by section 30 of that Act. O. Reg. 681/94, s. 8.

Class III Proposals — Ontario Water Resources Act

9. The following are Class III proposals for instruments:

1. A proposal for an approval under subsection 53 (1) of the Ontario Water Resources Act.

2. A proposal for an order under subsection 74 (2) of the Ontario Water Resources Act. O. Reg. 681/94, s. 9.

Review of Classification

10. The Minister of Environment and Energy shall review sections 2 to 9 of this Regulation within two years after the day on which this Regulation is filed and shall prepare proposals to amend the classification scheme that these sections set out as the Minister considers advisable. O. Reg. 681/94, s. 10.

PART II.1
MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING

Interpretation

10.1 In this Part, a proposal for an instrument includes a proposal to issue it, amend it or revoke it, whether the amendment or revocation is authorized by the same provision of an Act or regulation that authorizes the issuance of the instrument or by a different provision. O. Reg. 324/99, s. 1.

Class I Proposals — Building Code Act, 1992

10.1.1 The following is a Class I proposal for an instrument:

1. A proposal for a ruling under clause 29 (1) (a) or (c) of the Building Code Act, 1992 that relates to the construction, demolition, maintenance or operation of sewage systems as defined in Ontario Regulation 403/97 made under that Act. O. Reg. 130/01, s. 1.

Class I Proposals — Planning Act

10.2 (1) In this section,

“Minister” means the Minister of Municipal Affairs and Housing. O. Reg. 324/99, s. 1.

(2) The following are Class I proposals for instruments:

1. A proposal for approval by the Minister of an official plan under section 17 of the Planning Act.

2. A proposal for approval by the Minister of an amendment to an official plan under section 21 of the Planning Act.

3. A proposal for approval by the Minister of a consent under section 53 of the Planning Act in an area where there is no official plan in place.

4. A proposal for approval by the Minister of a plan of subdivision under section 51 of the Planning Act in an area where there is no official plan in place. O. Reg. 324/99, s. 1.

PART II.2
MINISTRY OF NATURAL RESOURCES

Class I Proposals — Aggregate Resources Act

10.3 (1) The following are Class I proposals for instruments:

1. A proposal to approve an amendment to a site plan under subsection 16 (2) of the Aggregate Resources Act, if notice of the proposal is served under clause 16 (5) (b) of that Act.

2. A proposal to approve an amendment to a site plan under subsection 16 (2) of the Aggregate Resources Act to permit,

i. an increase in the number of tonnes of aggregate that may be removed in a calendar year,

ii. a lowering of the final extraction elevation, or

iii. a reduction in the excavation setback area that will allow excavation at a location described in subsection (2).

3. A proposal to revoke a licence under subsection 20 (1) of the Aggregate Resources Act, other than a proposal to revoke a licence for failure to pay an annual licence fee under subsection 14 (1) of that Act.

4. A proposal to issue an aggregate permit under section 37 of the Aggregate Resources Act to allow the excavation of aggregate described in clause 34 (1) (d) of that Act.

5. A proposal to grant relief under subsection 68 (1) of the Aggregate Resources Act, if notice of the proposal is served under subsection 68 (4) of that Act.

6. A proposal to grant relief under subsection 68 (1) of the Aggregate Resources Act to permit a reduction in an excavation setback area that will allow excavation at a location described in subsection (2).

7. A proposal to determine under subsection 72 (3) of the Aggregate Resources Act the natural edge of the Niagara Escarpment for the purposes of subsection 72 (1) or (2) of that Act. O. Reg. 261/01, s. 1.

(2) The following locations are described for the purposes of paragraphs 2 and 6 of subsection (1):

1. Within 30 metres of a river and stream system or fish habitat, as defined in the Provincial Policy Statement issued under section 3 of the Planning Act and approved by the Lieutenant Governor in Council by Order in Council No. 764-96.

2. Within 50 metres of woodlands, as defined in the Forestry Act, if the area of the woodlands is at least one hectare.

3. Within 50 metres of hazardous lands, hazardous sites or significant areas of natural and scientific interest under the Provincial Policy Statement described in paragraph 1.

4. Within 50 metres of land identified as a significant wildlife habitat,

i. by the municipality in which the land is located, in its official plan, or

ii. by the Ministry of Natural Resources on maps located in the Ministry’s District Office for the area in which the land is located.

5. Within 50 metres of land that is determined by the Ministry of Natural Resources to be necessary for the survival of populations of a species of fauna or flora that is,

i. declared to be threatened with extinction by regulations made under the Endangered Species Act,

ii. designated as threatened by the Ministry of Natural Resources on the List of Vulnerable, Threatened, Endangered, Extirpated or Extinct Species of Ontario, issued by the Ministry, or

iii. designated as endangered by the national Committee on the Status of Endangered Wildlife of Canada on the List of Vulnerable, Threatened, Endangered, Extirpated or Extinct Species of Ontario, issued by the Ministry of Natural Resources.

6. Within 100 metres of a mine hazard, as defined in the Provincial Policy Statement described in paragraph 1.

7. Within 120 metres of significant wetlands, as defined in the Provincial Policy Statement described in paragraph 1. O. Reg. 261/01, s. 1.

Class I Proposals — Conservation Authorities Act

10.4 The following are Class I proposals for instruments:

1. A proposal to approve under subsection 21 (2) of the Conservation Authorities Act the sale, lease or other disposition of land other than,

i. a proposal for approval for which terms and conditions are imposed under subsection 21 (3) of that Act that prohibit a change in use of the land and prohibit altering the site, and

ii. a proposal for approval of a sale, lease or other disposition of land to the previous owner if the land was taken from that owner under the Expropriations Act.

2. A proposal to require an authority to carry out flood control operations under clause 23 (1) (a) of the Conservation Authorities Act.

3. A proposal to require an authority to follow instructions under clause 23 (1) (b) of the Conservation Authorities Act.

4. A proposal to take over the operation of a water control structure under clause 23 (1) (c) or (2) (c) of the Conservation Authorities Act.

5. A proposal to require the council of a municipality to carry out flood control operations under clause 23 (2) (a) of the Conservation Authorities Act.

6. A proposal to require the council of a municipality to follow instructions under clause 23 (2) (b) of the Conservation Authorities Act. O. Reg. 261/01, s. 1.

Class I Proposals — Crown Forest Sustainability Act, 1994

10.5 The following is a Class I proposal for an instrument:

1. A proposal to issue a forest resource processing facility licence under subsection 54 (1) of the Crown Forest Sustainability Act, 1994 to authorize construction of a new facility of a type described as A, C, D, E, F, H or K in Column 1 of Schedule 3 to Ontario Regulation 167/95 made under that Act. O. Reg. 261/01, s. 1.

Class I Proposals — Fish and Wildlife Conservation Act, 1997

10.6 The following are Class I proposals for instruments:

1. A proposal to issue an authorization under subsection 54 (1) of the Fish and Wildlife Conservation Act, 1997 to release wildlife or an invertebrate, other than an authorization to release,

i. an invertebrate imported into Ontario for release under a permit issued under the Plant Protection Act (Canada),

ii. a northern bobwhite, chukar partridge or ring-necked pheasant that is propagated or raised in captivity, if it is released into a licensed game bird hunting preserve,

iii. a northern bobwhite, chukar partridge or ring-necked pheasant that is propagated or raised in captivity, if it is released for the purposes of training dogs or conducting dog trials, or

iv. a ring-necked pheasant that is propagated or raised in captivity, if it is released for hunting under a licence issued under a municipal by-law passed under subsection 79 (1) of that Act.

2. A proposal to issue a licence for the purposes of clause 47 (1) (b) of the Fish and Wildlife Conservation Act, 1997 to authorize a person to engage in aquaculture if,

i. the person is required by the Ministry of Natural Resources to submit a detailed ecological risk analysis, or

ii. the licence authorizes the culture of fish in a cage in water covering Crown land or covering land described in letters patent issued under the Public Lands Act as a water lot or as part of the bed of a body of water. O. Reg. 261/01, s. 1.

Class I Proposals — Niagara Escarpment Planning and Development Act

10.7 The following are Class I proposals for instruments:

1. A proposal to make a declaration under subsection 13 (2) of the Niagara Escarpment Planning and Development Act.

2. A proposal to amend a local plan under subsection 15 (2) of the Niagara Escarpment Planning and Development Act.. O. Reg. 261/01, s. 1.

Class I Proposals — Public Lands Act

10.8 The following are Class I proposals for instruments:

1. A proposal to designate an area as a zone under subsection 12 (1) of the Public Lands Act.

2. A proposal to issue a permit under subsection 13 (1) of the Public Lands Act for the erection of a building or structure or the making of an improvement on private land if the building, structure or improvement will be located within 20 metres of the water’s edge of a body of water and if,

i. the permit will authorize development that is inconsistent with the Development Guidelines or Lake Management Plan issued by the Ministry of Natural Resources for the area or will require a minor variance in accordance with the Guidelines or Plan, or

ii. the permit will authorize new commercial, industrial or institutional development. O. Reg. 261/01, s. 1.

Class II Proposals — Aggregate Resources Act

10.9 The following are Class II proposals for instruments:

1. A proposal to issue a Class A licence described in clause 7 (2) (a) of the Aggregate Resources Act, other than a licence referred to in subsection 71 (5) of that Act.

2. A proposal to issue a Class B licence described in clause 7 (2) (b) of the Aggregate Resources Act, other than a licence referred to in subsection 71 (5) of that Act.

3. A proposal to add a condition to a licence under subsection 13 (2) of the Aggregate Resources Act or to rescind or vary a condition of a licence under that subsection if notice of the proposal is served under clause 13 (3) (b) of that Act.

4. A proposal to vary or eliminate a condition to a licence under subsection 13 (2) of the Aggregate Resources Act if the effect will be to authorize an increase in the number of tonnes of aggregate to be removed in a calendar year.

5. A proposal to require a site plan amendment under subsection 16 (1) of the Aggregate Resources Act if notice of the proposal is served under clause 16 (5) (b) of that Act. O. Reg. 261/01, s. 1.

Class II Proposals — Lakes and Rivers Improvement Act

10.10 The following are Class II proposals for instruments:

1. A proposal to make an order under any of the following provisions of the Lakes and Rivers Improvement Act, other than an immediate order under subsection 11 (5) of that Act:

i. Subsection 17 (2), (3) or (4).

ii. Subsection 18 (1).

iii. Subsection 22 (2).

iv. Subsection 23 (1).

v. Subsection 36 (2).

vi. Subsection 38 (3).

2. A proposal to issue an order for repair or removal under subsection 17 (1) of the Lakes and Rivers Improvement Act, other than an immediate order under subsection 11 (5) of that Act. O. Reg. 261/01, s. 1.

Class II Proposals — Niagara Escarpment Planning and Development Act

10.11 The following is a Class II proposal for an instrument:

1. A proposal to approve an amendment to the Niagara Escarpment Plan with or without modifications under subsection 10 (11) of the Niagara Escarpment Planning and Development Act. O. Reg. 261/01, s. 1.

Class II Proposals — Oil, Gas and Salt Resources Act

10.12 The following are Class II proposals for instruments:

1. A proposal to grant a permit under subsection 13 (1) of the Oil, Gas and Salt Resources Act to inject a substance other than oil, gas or water into a geological formation in connection with a project for enhancing oil or gas recovery.

2. A proposal to amend, suspend or revoke a term, condition, duty or liability imposed on the issue of a permit under subsection 13 (2) of the Oil, Gas and Salt Resources Act or to impose an additional term, condition, duty or liability if,

i. the proposed change to the permit would authorize the injection of a substance other than oil, gas or water into a geological formation in connection with a project for enhancing oil or gas recovery, or

ii. the permit already authorizes the injection of a substance other than oil, gas or water into a geological formation.

3. A proposal to suspend or cancel a permit under subsection 14 (1) of the Oil, Gas and Salt Resources Act if the Minister refers the matter to the Commissioner for a report and if the permit authorizes the injection of a substance other than oil, gas or water. O. Reg. 261/01, s. 1.

PART III

MINISTRY OF NORTHERN DEVELOPMENT AND MINES

Interpretation

11. In this Part, a proposal for an instrument includes a proposal to issue it, amend it or revoke it, whether the amendment or revocation is authorized by the same provision of an Act or regulation that authorizes the issuance of the instrument or by a different provision. O. Reg. 180/98, s. 6.

Class I Proposals — Mining Act

12. The following are Class I proposals for instruments:

1. A proposal for a consent under section 34 of the Mining Act.

2. A proposal to award surface rights under subsection 39 (2) of the Mining Act.

3. A proposal to reinstate a licence of occupation under subsection 41 (4) of the Mining Act, unless the reinstatement would not have a significant effect on the environment.

4. A proposal to direct that buildings, structures, machinery, chattels, personal property, ore, mineral slimes or tailings do not belong to the Crown under subsection 53 (1) of the Mining Act.

5. A proposal to exchange a lease for replacement leases under subsection 83 (1) of the Mining Act, unless the exchange would not have a significant effect on the environment.

6. A proposal to lease surface rights under subsection 84 (1) of the Mining Act.

7. A proposal to direct the inclusion of reservations or provisions under subsection 86 (3) of the Mining Act, unless the inclusion would not have a significant effect on the environment.

8. A proposal to grant permission to cut and use trees under subsection 92 (5) of the Mining Act.

9. A proposal to acknowledge receipt of a closure plan under clause 140 (4) (a) of the Mining Act.

10. A proposal to acknowledge receipt of a closure plan under clause 141 (3) (a) of the Mining Act.

11. A proposal for an approval under subsection 142 (2) of the Mining Act.

12. A proposal for an approval under subsection 142 (3) of the Mining Act.

13. A proposal for an approval under subsection 142 (6) of the Mining Act.

14. A proposal for an order under subsection 143 (2) of the Mining Act.

15. A proposal for an order under subsection 143 (3) of the Mining Act.

16. A proposal for an order under subsection 145 (2) of the Mining Act.

17. A proposal for an order under subsection 147 (1) of the Mining Act.

18. A proposal to enter lands to rehabilitate a mine hazard under subsection 147 (2) of the Mining Act.

19. A proposal for an order under subsection 148 (2) of the Mining Act.

20. A proposal to issue a direction under subsection 148 (5) of the Mining Act.

21. A proposal to surrender mining lands under subsection 149.1 (1) of the Mining Act.

22. A proposal to alter or revoke a decision of the Commissioner under subsection 152 (11) of the Mining Act.

23. A proposal for an order under subsection 153.2 (3) of the Mining Act.

24. A proposal to have the Crown or an agent of the Crown carry out rehabilitation measures under clause 153.2 (4) (b) of the Mining Act.

25. A proposal for an approval under subsection 165 (1) of the Mining Act.

26. A proposal for an order under subsection 175 (1) of the Mining Act.

27. A proposal for a subsequent order or award under subsection 175 (13) of the Mining Act.

28. A proposal to issue or validate an unpatented mining claim, licence of occupation, lease or patent under subsection 176 (3) of the Mining Act, unless the issuance or validation would not have a significant effect on the environment.

29. A proposal for a consent under section 177 of the Mining Act.

30. A proposal to accept the surrender of mining lands under subsection 183 (1) of the Mining Act, unless the acceptance would not have a significant effect on the environment. O. Reg. 313/01, s. 2.