O. Reg. 616/98: DEADLINES

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Environmental Assessment Act

ontario REGULATION 616/98

DEADLINES

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

Last amendment: 60/24.

Legislative History: 60/24.

This is the English version of a bilingual regulation.

1. In this Regulation,

“business day” means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006;

“week” means a calendar week, except that the two consecutive calendar weeks in which Christmas Day and New Year’s Day fall shall be considered as one week. (“semaine”) O. Reg. 616/98, s. 1; O. Reg. 60/24, s. 2.

2. (1) Subject to subsection (2), a deadline referred to in Column 1 of the Table shall be determined in accordance with the corresponding entry in Column 2 of the Table. O. Reg. 616/98, s. 2 (1).

(2) Subject to subsection (3), if a proponent gives the Ministry a notice in writing indicating that the proponent wishes to amend proposed terms of reference governing the preparation of an environmental assessment, the deadline under subsection 17.4 (13) of the Act for the Minister to notify the proponent whether or not the proposed terms of reference are approved shall be the later of the following dates:

1. The last business day of the seventh week after the earlier of the following dates:

i. The date the proponent’s amendments to the proposed terms of reference are given to the Ministry.

ii. The date that is 56 days after the day the proponent gives the Ministry the notice indicating that the proponent wishes to amend the proposed terms of reference.

2. The date determined in accordance with subsection (1). O. Reg. 616/98, s. 2 (2); O. Reg. 60/24, s. 3 (1).

(3) Subsection (2) does not apply unless the following conditions are met:

1. The notice indicating that the proponent wishes to amend the proposed terms of reference must be given to the Ministry before the Minister notifies the proponent whether or not the proposed terms of reference are approved.

2. If a matter in connection with the proposed terms of reference has been referred to mediation under subsection 17.4 (12) of the Act, the notice indicating that the proponent wishes to amend the proposed terms of reference must not be given to the Ministry until after the mediator’s report is received by the Minister.  O. Reg. 616/98, s. 2 (3); O. Reg. 60/24, s. 3 (2).

3. (1) The portion of subsection 17.19 (2) of the Act that imposes a deadline on when the Minister must decide an application under section 17.15 of the Act or refer it to the Tribunal for a decision under section 17.16 of the Act does not apply to the Minister if,

(a) the Minister refers a matter in connection with the application to mediation under section 17.14 of the Act;

(b) the Minister refers a matter in connection with the application to the Tribunal under section 17.17 of the Act not later than the last business day of the seventh week after the Minister receives the mediator’s report; and

(c) the Minister decides the application under section 17.15 of the Act not later than the last business day of the seventh week after the Minister receives the decision of the Tribunal. O. Reg. 616/98, s. 3 (1); O. Reg. 60/24, s. 1, 4 (1-4).

(2) The portion of subsection 17.19 (2) of the Act that imposes a deadline on when the Minister must decide an application under section 17.15 of the Act or refer it to the Tribunal for a decision under section 17.16 of the Act does not apply to the Minister if,

(a) the Minister refers a matter in connection with the application to the Tribunal under section 17.17 of the Act;

(b) the Minister refers a matter in connection with the application to mediation under section 17.14 of the Act not later than the last business day of the seventh week after the Minister receives the decision of the Tribunal; and

(c) the Minister decides the application under section 17.15 of the Act not later than the last business day of the seventh week after the Minister receives the mediator’s report.  O. Reg. 616/98, s. 3 (2); O. Reg. 60/24, s. 1, 4 (5-8).

4. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 616/98, s. 4.

Table

Item	Column 1 Deadline	Column 2 Method of Determination
1.	Terms of reference The deadline under subsection 17.4 (13) of the Act for the Minister to notify the proponent whether or not the proposed terms of reference are approved.	The last business day of, (a) the twelfth week after the Ministry receives the proposed terms of reference that are required to be given under subsection 17.4 (1) of the Act, if there is no referral to mediation under subsection 17.4 (12) of the Act; or (b) the seventh week after the Minister receives the mediators’ report that is required to be given under subsection 17.14 (6) of the Act, if a matter is referred to mediation under subsection 17.4 (12) of the Act.
2.	Public notice re environmental assessment The deadline under subsection 17.8 (1) of the Act for the proponent to give public notice of the submission of the environmental assessment.	The later of, (a) the last business day of the second week after the Ministry receives the environmental assessment that is required to be submitted under subsection 17.7 (1) of the Act; and (b) the last business day of the second week after the Director advises the proponent of any requirements under subsection 17.8 (1), (2) or (4) of the Act.
3.	Initial comment period The deadline under subsection 17.9 (2) of the Act for a person to submit comments to the Ministry on the Part II.3 project or on the environmental assessment, if the person wishes the comments to be considered during the preparation of the Ministry review.	The last business day of the seventh week after the proponent gives public notice of the submission of the environmental assessment under subsection 17.8 (1) of the Act.
4.	Review completion The deadline under subsection 17.11 (2) of the Act for the Ministry to complete the review of the environmental assessment.	The last business day of the twelfth week after the proponent gives public notice of the submission of the environmental assessment under subsection 17.8 (1) of the Act.
5.	Final comment period The deadline under subsection 17.13 (2) of the Act for a person to submit comments to the Ministry on the Part II.3 project, the environmental assessment or the Ministry review, if the person wishes the comments to be considered when the Minister decides the proponent’s application.	The last business day of the fifth week after the Director gives public notice under subsection 17.12 (2) of the Act that the Ministry review of the environmental assessment is complete.
6.	Minister’s decision (partial) The deadline under subsection 17.19 (1) of the Act for the Minister to determine whether to refer a matter in connection with an application to mediation under section 17.14 of the Act or to the Tribunal under section 17.17 of the Act.	The last business day of the thirteenth week after the deadline set out in item 5 of this Table.
7.	Minister’s decision (complete) The deadline under subsection 17.19 (2) of the Act for the Minister to decide the application under section 17.15 of the Act or refer it to the Tribunal for a decision under section 17.16 of the Act.	The last business day of, (a) the thirteenth week after the deadline set out in item 5 of this Table, if there is no referral to mediation under section 17.14 of the Act or to the Tribunal under section 17.17 of the Act; (b) the seventh week after the Minister receives the mediator’s report, if there is a referral to mediation under section 17.14 of the Act; or (c) the seventh week after the Minister receives the decision of the Tribunal, if there is a referral to the Tribunal under section 17.17 of the Act.

O. Reg. 60/24, s. 5.

 

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