O. Reg. 511/21: GENERAL

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ontario regulation 511/21

made under the

Environmental Assessment Act

Made: June 30, 2021
Filed: June 30, 2021
Published on e-Laws: July 2, 2021
Printed in The Ontario Gazette: July 17, 2021

Amending Reg. 334 of R.R.O. 1990

(GENERAL)

1. Regulation 334 of the Revised Regulations of Ontario, 1990 is amended by adding the following section:

14.1 (1) Subject to subsection (3), the following undertakings by or on behalf of the Crown in right of Ontario are exempt from the Act:

1. All undertakings that relate to a settlement agreement involving the Crown in right of Ontario and an Indigenous community with respect to a land claim, including, for greater certainty, an interim agreement.

2. The undertakings listed in subsection (2) that implement an agreement, other than an agreement mentioned in paragraph 1, about land or any interests in land and that include as parties,

i. the Crown in right of Ontario as represented by the Minister of Indigenous Affairs, and

ii. an Indigenous community or a person authorized to hold any interests in land on behalf of an Indigenous community.

(2) The undertakings listed for the purposes of paragraph 2 of subsection (1) are,

(a) the disposition or release of,

(i) any interests in land,

(ii) reservations or conditions respecting land that benefit the Crown, whether in letters patent, in an agreement or pursuant to an Act, and

(iii) interests in Crown resources other than land that are related to a disposition or release of any interests in land;

(b) the transfer or acceptance of administration and control of land;

(c) the acquisition of any interests in land;

(d) establishing, amending or rescinding boundaries of provincial parks and conservation reserves; and

(e) activities carried out in advance of a disposition of any interests in land or transfer of administration and control of land or to prepare lands for disposition or transfer of administration and control, including authorizing interim uses of lands or related Crown resources by an Indigenous community or by a person with the consent of an Indigenous community.

(3) Subsection (1) does not apply to,

(a) the class of undertakings that is subject to the order entitled “Declaration – Projects and Activities being considered for inclusion in the Algonquin Land Claim Settlement”, made pursuant to subsection 3.2 (1) of the Act, dated July 23, 2007 and approved by Order in Council 1900/2007, as it may be amended from time to time; or

(b) an undertaking respecting which a process of public consultation pursuant to a class environmental assessment or order under the Act was commenced before July 1, 2021.

(4) In this section,

“land claim” means,

(a) a claim to an outstanding entitlement with respect to reserve land or the improper use of reserve land by others,

(b) a claim respecting unsold surrendered land, or

(c) an aboriginal rights and title claim.

Commencement

2. This Regulation comes into force on the later of July 1, 2021 and the day it is filed.

 

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