O. Reg. 261/01: CLASSIFICATION OF PROPOSALS FOR INSTRUMENTS

 

ontario regulation 261/01

made under the

environmental bill of rights, 1993

Made:  June 27, 2001
Filed:  June 27, 2001
Printed in The Ontario Gazette: July 14, 2001

Amending O. Reg. 681/94

(Classification of Proposals for Instruments)

Note: Since the end of 2000, Ontario Regulation 681/94 has been amended by Ontario Regulation 130/01.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 20, 2001.

1. Ontario Regulation 681/94 is amended by adding the following Part:

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.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

2. This Regulation comes into force on September 1, 2001.