ontario regulation 258/26

made under the

Environmental Assessment Act

Made: July 16, 2026
Filed: July 28, 2026
Published on e-Laws: July 28, 2026
Published in The Ontario Gazette: August 15, 2026

Part II.4 PROJECTS - Requirements for commencing and Proceeding

CONTENTS

 

Part I
Interpretation

Definitions

1. In this Regulation,

“process completion period” means the period of 120 days beginning on the day notice of a draft report is published on the project website, as may be extended under section 9; (“période d’achèvement du processus”)

“project area”, in relation to a Part II.4 project, means the land where the project is to be carried out; (“zone du projet”)

“project website” means a website maintained by or on behalf of the proponent of a Part II.4 project on which information about the project is publicly available; (“site Web du projet”)

“study area”, in relation to a Part II.4 project, means any land that may be impacted by the project and includes the project area. (“zone d’étude”)

Project website

2. (1) In this Regulation, a requirement to publish a document on a project website includes a requirement to indicate the date of publication.

(2) Despite any requirement in this Regulation to maintain a document on a project website, the Director may give written notice that the requirement no longer applies.

Consultation record

3. In this Regulation, a reference to a consultation record in respect of a Part II.4 project or a change to a Part II.4 project is a reference to a record that includes,

(a)  a summary of any consultations carried out by the proponent with Indigenous communities, government entities or other persons in respect of the proposed Part II.4 project or change;

(b)  a summary of any comments provided to the proponent by Indigenous communities, government entities or other persons in respect of the proposed Part II.4 project or change; and

(c)  a summary of the responses given by the proponent in relation to any concerns expressed by Indigenous communities, government entities or other persons.

Changes to a project affecting application

4. (1) If a change would make a Part II.4 project a Part II.3 project, the proponent shall notify the Director in writing and, for greater certainty, Part II.4 of the Act and this Regulation cease to apply to the changed project and Part II.3 applies instead.

(2) If a change would make a Part II.4 project neither a Part II.3 nor a Part II.4 project, the proponent shall notify the Director in writing and, for greater certainty, this Regulation and Part II.4 of the Act cease to apply to the project.

(3) For greater certainty, a change to a Part II.4 project includes a change to its description, project area, mitigation measures or commitments as set out in the final report or any addendum.

Part II
Commencing a Part II.4 Project

Requirements for commencing

5. (1) The following requirements for commencing a Part II.4 project are prescribed for the purposes of subsection 17.29 (1) of the Act:

1.  Complete the environmental assessment process prescribed under section 6 or 22, as applicable.

2.  Wait at least 35 days after notice of the final report is published on the project website, or such shorter period as may be specified in writing by the Minister.

(2) If a shorter period is specified, the proponent shall, as soon as possible after receiving the Minister’s direction, publish notice of the shorter period on the project website and maintain it on the website for at least 35 days.

(3) Despite subsection (1), if notice is given to the proponent of a Part II.4 project under subsection 18 (3), no person shall commence the project until after the date specified in that notice.

(4) The proponent shall give written notice to all persons, communities and entities referred to in clause 9 (1) (a) in the following circumstances:

1.  If, after publishing notice of the draft report on the project website, the proponent decides not to complete the environmental assessment process referred to in section 6 or 22, as applicable.

2.  If, after satisfying the prescribed requirements for commencing a Part II.4 project, the proponent decides not to proceed with the project.

(5) Despite subsection (4), the proponent of a Part II.4 project to which Part V applies is not required to give notice to any government entity or other person the proponent considers may be interested.

(6) No later than the day a notice is first given under subsection (4), the proponent shall publish it on the project website and maintain it there for at least 30 days.

(7) Subsection 9 (3) does not apply to the proponent of a Part II.4 project who gives notice under paragraph 2 of subsection (4) of this section.

Streamlined environmental assessment process

6. (1) The following environmental assessment process is prescribed for the purposes of subsection 17.29 (1) of the Act as a requirement that the proponent must satisfy in respect of commencing a Part II.4 project, unless a modified environmental assessment process has been prescribed under this Regulation in respect of the project:

1.  Contact the Director to obtain a list of Indigenous communities that may be interested in the proposed Part II.4 project.

2.  Assess the potential impacts of the proposed Part II.4 project on the environment and identify any mitigation measures.

3.  Identify the methods that will be used to verify the effectiveness of each mitigation measure that will be implemented.

4.  Publish a draft report that includes the information set out in Schedule 1 on the project website and, as soon as possible after publication, give notice of it in accordance with section 7.

5.  Consult in respect of the proposed Part II.4 project in accordance with section 8 and give notice, consider comments and give responses as required by that section.

6.  Before the process completion period expires, publish a final report that includes the information set out in Schedule 2 on the project website and, as soon as possible after publication, give notice of it in accordance with section 9.

(2) Alternatives to the proposed Part II.4 project or alternative methods of carrying out the proposed Part II.4 project are not required to be assessed for the purposes of the assessment referred to in paragraph 2 of subsection (1).

Notice re draft streamlined environmental assessment report

7. (1) For the purposes of paragraph 4 of subsection 6 (1), the proponent shall,

(a)  give written notice of the draft report that includes the information set out in Schedule 3 to,

(i)  all assessed owners of land adjacent to the proposed project area,

(ii)  each Indigenous community on the Director’s list obtained under paragraph 1 of subsection 6 (1) and any other Indigenous community the proponent considers may be interested,

(iii)  any government entity or other person the proponent considers may be interested, and

(iv)  the Director; and

(b)  no later than the day a notice is first given under clause (a), publish it on the project website and by at least one additional method likely to reach interested persons.

(2) The proponent shall allow a period of at least 30 days for persons, communities and entities referred to in clause (1) (a) to provide comments in respect of the proposed Part II.4 project.

(3) The proponent may extend the comment period one or more times, whether or not the most recent comment deadline has passed, by giving written notice of the new deadline to the persons, communities and entities referred to in clause (1) (a) and by publishing the notice on the project website no later than the day on which the notice is first given.

(4) The proponent shall maintain the notice of the draft report and the draft report on the project website until at least the last day of the applicable waiting period referred to in section 5.

Consultation

8. (1) For the purposes of paragraph 5 of subsection 6 (1), the proponent shall consult the persons, communities and entities referred to in clause 7 (1) (a), other than the Director, in respect of the proposed Part II.4 project.

(2) As part of the consultation, the proponent shall provide each Indigenous community an opportunity to discuss,

(a)  any potential adverse impacts on existing aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982; and

(b)  measures to mitigate those impacts, including any mitigation measures identified by the community.

(3) If a concern respecting a matter referred to in subsection (2), or any other concern respecting consultation with Indigenous communities, is raised during consultation with Indigenous communities or in comments provided under section 7, the proponent shall promptly notify the Director in writing of the concern and describe how the concern has been or will be addressed.

(4) In preparing the final report, the proponent shall consider all comments received during the comment period referred to in section 7 and during consultations carried out under this section and, if any raise a concern, shall, no later than 30 days before publishing notice of the final report on the project website, give a written response to the commenter describing how the concern has been or will be addressed.

Notice re final streamlined environmental assessment report

9. (1) For the purposes of paragraph 6 of subsection 6 (1), the proponent shall,

(a)  before the process completion period expires, give written notice of the final report to,

(i)  all persons, communities and entities referred to in clause 7 (1) (a),

(ii)  any other person who provided comments during the comment period referred to in section 7, and

(iii)  any other person the proponent considers may be interested; and

(b)  no later than the day a notice is first given under clause (a), publish it on the project website and by at least one additional method likely to reach interested persons.

(2) A notice of the final report must include the information required for a notice of the draft report, as updated to reflect any changes to such information, except that it need not include the information set out in paragraphs 8 and 9 of Schedule 3 and all references to “draft report” in that Schedule are deemed to be references to “final report”.

(3) The proponent shall maintain the notice of the final report and the final report on the project website for at least one year after the Part II.4 project is completed.

(4) The proponent may, before the process completion period expires, extend the period by publishing notice on the project website that includes the new expiry date, the reason additional time is required and the action to be taken during the extended period.

(5) The proponent shall notify the Director in writing as soon as possible after publishing notice under subsection (4) and shall maintain each such notice on the project website until the final report is published.

(6) If the process completion period has expired and the proponent has not given the notice referred to in subsection (1) to all persons, communities and entities specified in that subsection, the proponent may request an extension from the Minister, who may, by written notice, extend the period if satisfied it is in the public interest to do so.

(7) The proponent shall, as soon as possible after receiving a notice under subsection (6), publish it on the project website and keep it there until the final report is published.

(8) The process completion period may be extended one or more times under subsection (4) or (6), but shall not be further extended under subsection (4) after it has been extended under subsection (6).

Part III
Proceeding with a Part II.4 Project

Requirements for proceeding

10. (1) The following requirements for proceeding with a Part II.4 project are prescribed for the purposes of subsection 17.29 (5) of the Act as requirements the person referred to in that subsection must satisfy in respect of a Part II.4 project, unless requirements for proceeding have been prescribed in respect of the project under another Part of this Regulation:

1.  Proceed with the project in accordance with the final report published on the project website and any addendum published under section 12, 13 or 14.

2.  If, after satisfying the requirements referred to in subsection 5 (1), the proponent wishes to make a change to the project, before making the change:

i.  Determine whether the change is a significant change by considering the factors referred to in section 11.

ii.  If the change is a significant change, satisfy the requirements referred to in section 12.

iii.  If the change is not a significant change, satisfy the requirements referred to in section 13.

3.  If, after satisfying the requirements referred to in subsection 5 (1), the proponent is required by provincial or federal law to make a change to the project, satisfy the requirements referred to in section 14 before making the change.

4.  If the proponent has not substantially proceeded with the project within 10 years after the final report or any subsequent review report is published on the project website, satisfy the requirements referred to in section 15 before proceeding with the project.

(2) If the proponent wishes to make a change to a Part II.4 project and the change is also required to be made by provincial or federal law, paragraph 3 of subsection (1) applies instead of paragraph 2 of that subsection.

(3) For the purposes of paragraph 4 of subsection (1), activities such as entering contracts, site preparation, fencing, staging and performing geotechnical or other investigations for the purposes of construction do not constitute substantially proceeding with a Part II.4 project.

Significant change

11. The following are the factors referred to in subparagraph 2 i of subsection 10 (1):

1.  Whether it may have a potential negative impact on the environment.

2.  Whether it may worsen a potential negative impact on the environment identified in the final report or any addendum or review report.

3.  For each potential negative impact, whether a mitigation measure exists that is not identified in the final report or any addendum or review report.

4.  Any other factor the proponent considers relevant.

Making a significant change to a Part II.4 project

12. (1) The following are the requirements referred to in subparagraph 2 ii of subsection 10 (1):

1.  Assess the potential impacts of the proposed change on the environment and identify any mitigation measures.

2.  Give written notice that includes the information set out in Schedule 4 to the persons, communities and entities referred to in clause 7 (1) (a).

3.  Promptly notify the Director in writing of any concerns raised regarding a potential negative impact of the proposed change to any existing aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982, and indicate how the proponent has addressed or intends to address those concerns.

4.  Publish an addendum to the final report that includes the information set out in Schedule 5 and, as soon as possible after publication, give notice of it that includes the information set out in Schedule 6 to the persons, communities and entities referred to in clause 7 (1) (a).

5.  No later than the day on which a notice is first given under paragraph 4, publish it on the project website and by at least one additional method likely to reach interested persons.

6.  Wait at least 35 days after notice of the addendum is published on the project website before making the change, or such shorter period as may be specified by the Minister in writing.

(2) The proponent shall allow a period of at least 30 days for persons, communities and entities referred to in paragraph 2 of subsection (1) to provide comments in respect of the proposed change.

(3) The proponent may extend the comment period one or more times, whether or not the most recent comment deadline has expired, by giving written notice of the new deadline to the persons, communities and entities referred to in paragraph 2 of subsection (1) and by publishing the notice on the project website no later than the day on which the notice is given.

(4) If a shorter period is specified under paragraph 6 of subsection (1), the proponent shall, as soon as possible after receiving the Minister’s direction, publish notice of the shorter period on the project website and maintain it on the website for at least 35 days.

(5) Despite paragraph 6 of subsection (1), if notice has been given to the proponent of a Part II.4 project under subsection 18 (3), the proponent shall not make the proposed change until after the date specified in the notice.

Making a non-significant change to a Part II.4 project

13. (1) The following are the requirements referred to in subparagraph 2 iii of subsection 10 (1):

1.  Assess the potential impacts of the proposed change on the environment and identify any mitigation measures.

2.  Publish an addendum to the final report that includes the information set out in Schedule 7 on the project website.

3.  As soon as possible after publication, give written notice that includes the information set out in Schedule 8 to the Director.

4.  Wait at least 15 days after notice of the addendum is published on the project website before making the change, or such shorter period as may be specified by the Minister in writing.

(2) If a shorter period is specified under paragraph 4 of subsection (1), the proponent shall, as soon as possible after receiving the Minister’s direction, publish notice of the shorter period on the project website and maintain it on the website for at least 35 days.

(3) Despite paragraph 4 of subsection (1), if notice has been given to the proponent of a Part II.4 project under subsection 18 (3), the proponent shall not make the proposed change until after the date specified in the notice.

Making changes required at law

14. The following are the requirements referred to in paragraph 3 of subsection 10 (1):

1.  Prepare an addendum to the final report that describes the change and the law that requires the change to be made.

2.  Publish the addendum on the project website.

Project review

15. The following are the requirements referred to in paragraph 4 of subsection 10 (1):

1.  Publish a review report that includes the information set out in Schedule 9 on the project website.

2.  If no changes are necessary to mitigate any potential negative environmental impacts, wait at least 15 days after the review report is published before proceeding with the Part II.4 project.

3.  If one or more changes are necessary to mitigate any potential negative impacts on the environment, before making the change, determine whether the change is a significant change by considering the factors referred to in section 11 and satisfy the requirements referred to in section 12 or 13, as applicable.

Part IV
Miscellaneous

Project website

16. Unless otherwise specified in this Regulation, the proponent shall ensure that all notices, reports and addenda published in respect of a Part II.4 project are maintained on the project website for at least one year after the project is completed.

Conflicts — final report, addenda and orders

17. (1) In the event of a conflict between a final report and an addendum, the addendum prevails.

(2) In the event of a conflict between addenda, the most recently published addendum prevails.

(3) In the event of a conflict between a requirement in an order made under subsection 17.31 (3) of the Act and a final report or an addendum, the requirement in the order prevails.

Deadline for Minister’s orders on own initiative

18. (1) The last day of the applicable waiting period after notice of the final report in respect of the Part II.4 project is published on the project website is prescribed as the deadline for the purposes of subsection 17.31 (5) of the Act.

(2) The last day of the applicable waiting period after notice of the addendum or final addendum, as applicable, in respect of a change to the Part II.4 project is published on the project website is prescribed as the deadline for the purposes of subsection 17.31 (5) of the Act in respect of the change.

(3) Despite subsections (1) and (2), if the Minister requires additional time to consider making an order under subsection 17.31 (1) or (3) of the Act, the Minister may, before the applicable deadline, give written notice to the proponent specifying a later date as the prescribed deadline and the reasons for the extension.

(4) The proponent shall promptly publish the notice on the project website and maintain it for at least 30 days after the date specified in the notice.

Requirement to provide information

19. If the Minister is considering making an order under subsection 17.31 (1) or (3) of the Act on their own initiative, the Director may require the proponent to provide specified information to support the Minister’s decision.

Part V
Modifications — archaeological Focus

Definitions

20. (1) In this Part,

“archaeological potential”, in relation to a project area, means that an archaeological resource may be present within the project area; (“potentiel archéologique”)

“archaeological resource” means an artifact, archaeological site or marine archaeological site, all within the meaning of Ontario Regulation 170/04 (Definitions) made under the Ontario Heritage Act; (“ressource archéologique”)

“Guideline” means the document titled “Standards and Guidelines for Consultant Archaeologists” dated 2011, as amended from time to time, published by the Ministry of Tourism and Culture and available on a website of the Government of Ontario; (“directives”)

“licensed archaeologist” means an archaeologist who holds a licence issued under Part VI of the Ontario Heritage Act; (“archéologue titulaire d’une licence”)

“marine archaeological assessment” means archaeological fieldwork carried out in accordance with a licence issued under Part VI of the Ontario Heritage Act in respect of submerged land; (“évaluation archéologique marine”)

“marine report” means a report in respect of a marine archaeological assessment that is prepared and submitted in accordance with the terms and conditions of a licence issued under Part VI of the Ontario Heritage Act; (“rapport sur l’évaluation archéologique marine”)

“Stage 1 archaeological assessment” means a Stage 1 background study conducted in accordance with the standards in the Guideline; (“évaluation archéologique de stade 1”)

“Stage 1 report” means a report in respect of a Stage 1 archaeological assessment prepared in accordance with the standards in the Guideline; (“rapport du stade 1”)

“Stage 2 archaeological assessment” means a Stage 2 property survey conducted in accordance with the standards in the Guideline; (“évaluation archéologique de stade 2”)

“Stage 2 report” means a report in respect of a Stage 2 archaeological assessment prepared in accordance with the standards in the Guideline; (“rapport du stade 2”)

“submerged land” means land that is fully or partially submerged or that lies below the high-water mark of any body of water. (“terrain immergé”)

(2) For the purposes of the definition of “archaeological resource” in subsection (1), an archaeological site or a marine archaeological site is real property but does not include buildings or structures, other than ruins, burial mounds, petroglyphs and earthworks.

Application

21. This Part applies to a project that has been designated as Part II.4 project by section 29, 32, 35, 37 or 38 of Ontario Regulation 50/24 (Designation of Part II.3 and Part II.4 Projects) made under the Act unless the project is ancillary to a Part II.4 project designated under section 28, 31, 34 or 36 of that Regulation.

Modified streamlined environmental assessment process, archaeological focus

22. The following modified environmental assessment process is prescribed for the purposes of subsection 17.29 (1) of the Act as a requirement that the proponent must satisfy in respect of a Part II.4 project to which this Part applies:

1.  Contact the Director to obtain a list of Indigenous communities that may be interested in the proposed Part II.4 project.

2.  Subject to section 24, assess the potential impacts of the proposed Part II.4 project on archaeological resources in accordance with section 23.

3.  Publish a draft report that includes the information set out in Schedule 10 on the project website and give notice of it in accordance with section 7, with the following modifications:

i.  Subclause 7 (1) (a) (iii) does not apply.

ii.  The requirement in clause 7 (1) (b) to publish the notice by at least one additional method likely to reach interested persons does not apply.

iii.  Paragraph 8 of Schedule 3 does not apply.

4.  Publish a final report that includes the information set out in Schedule 11 on the project website and give notice of it in accordance with section 9, with the following modifications:

i.  The requirement to give notice under clause 9 (1) (a) does not include the requirement to give notice before the end of the process completion period.

ii.  The persons, communities and entities referred to in clause 9 (1) (a) do not include the persons and entities referred to in subclause 7 (1) (a) (iii).

iii.  Subsections 9 (3) to (8) do not apply.

Archaeological assessments

23. (1) The following is the assessment for the purpose of paragraph 2 of section 22 in respect of any part of the proposed project area that is not submerged land:

1.  Ensure that a licensed archaeologist conducts a Stage 1 archaeological assessment and prepares a Stage 1 report.

2.  If the Stage 1 report recommends a Stage 2 archaeological assessment, ensure that a licensed archaeologist conducts a Stage 2 archaeological assessment and prepares a Stage 2 report.

3.  Ensure that the Stage 1 report and, if applicable, the Stage 2 report are entered into the Ontario Public Register of Archaeological Reports and that the entry is confirmed in writing by an employee in the Ministry of Citizenship and Multiculturalism.

(2) The following is the assessment for the purpose of paragraph 2 of section 22 in respect of any part of the proposed project area that is submerged land:

1.  Ensure that a licensed archaeologist conducts a marine archaeological assessment and prepares a marine report.

2.  Ensure that the marine report is entered into the Ontario Public Register of Archaeological Reports and that the entry is confirmed in writing by an employee in the Ministry of Citizenship and Multiculturalism.

(3) The requirements referred to in subsections (1) and (2) in respect of a Stage 1 report, Stage 2 report or a marine report, as the case may be, prepared for a part of a proposed project area are deemed to be satisfied if,

(a)  a Stage 1 report, Stage 2 report or a marine report, as the case may be, respecting that part of the proposed project area was prepared by a licensed archaeologist for another purpose;

(b)  the report was entered into the Ontario Public Register of Archaeological Reports on or after January 1, 2011; and

(c)  the entry has been confirmed in writing by an employee of the Ministry of Citizenship and Multiculturalism.

(4) In this section,

“Ontario Public Register of Archaeological Reports” means the register referred to in section 65.1 of the Ontario Heritage Act.

Preliminary determination

24. (1) The proponent of a Part II.4 project may determine whether the proposed project area has archaeological potential by having regard to,

(a)  the document titled “Criteria for Evaluating Archaeological Potential: A Checklist for the Non-Specialist”, dated November 2015, as amended from time to time, and available on a Government of Ontario website; and

(b)  if the proposed project area may have marine archaeological potential, the document titled “Criteria for Evaluating Marine Archaeological Potential: A Checklist for Non-Marine Archaeologists”, dated November 2022, as amended from time to time, and available on a Government of Ontario website.

(2) If a determination is made under subsection (1) that the proposed project area does not have archaeological potential,

(a)  the waiting period referred to in paragraph 2 of subsection 5 (1) is deemed to be 15 days after notice of the final report is published on the project website, or such shorter period as may be specified by the Minister in writing;

(b)  paragraph 2 of section 22 does not apply; and

(c)  paragraphs 3 and 4 of Schedule 10 do not apply and, instead, the draft report and final report must include a statement of the determination and its basis, including a summary of the information relied on.

(3) For greater certainty, the proponent of a Part II.4 project may choose to make a preliminary determination under this section but is not required to do so.

Requirements for proceeding, archaeological focus

25. The following requirements for proceeding with a Part II.4 project are prescribed for the purposes of subsection 17.29 (5) of the Act as requirements the person referred to in that subsection must satisfy in respect of a project to which this Part applies:

1.  Proceed with the project within the project area set out in the final report and any addendum published under this Part.

2.  Implement the following in accordance with the final report and any addendum published under this Part:

i.  The recommendations, if any, of the licensed archaeologist in respect of each identified archaeological resource.

ii.  The commitments, if any, made to Indigenous communities in relation to archaeological resources.

3.  If, after satisfying the requirements referred to in subsection 5 (1), the proponent wishes to make a change to the project that would result in the project being carried out on land that is not included within the project area set out in the final report or any addendum published under this Part, satisfy the requirements referred to in section 26 before making the change.

4.  If, after satisfying the requirements referred to in subsection 5 (1), the proponent wishes to make a change to the project that would result in a requirement referred to in paragraph 2 not being met, satisfy the requirements referred to in section 27 before making the change.

5.  If, after satisfying the requirements referred to in subsection 5 (1), the proponent wishes to make a change that is described in both paragraphs 3 and 4, satisfy the requirements referred to in sections 26 and 27 before making the change.

Changes, project area

26. (1) The following are the requirements referred to in paragraphs 3 and 5 of section 25:

1.  Complete the process referred to in section 22, with necessary modifications, so that the process relates to the proposed change to the Part II.4 project.

2.  In completing the process under paragraph 1,

i.  references to “project area” are deemed to be references to “land that is not included within the project area set out in the final report or any addendum published under this Part”, and

ii.  references to “draft report” and “final report” are deemed to be references to “draft addendum” and “final addendum”, respectively.

3.  Wait at least 35 days after notice of the final addendum is published on the project website, or such shorter period as may be specified by the Minister in writing.

(2) If a shorter period is specified, the proponent shall, as soon as possible after receiving the Minister’s direction, publish notice of the shorter period on the project website and maintain it on the website for at least 35 days.

(3) Despite paragraph 3 of subsection (1), if notice is given to the proponent of a Part II.4 project under subsection 18 (3), the proponent shall not make the change until after the date specified in that notice.

Changes, implementation of recommendations or commitments

27. (1) The following are the requirements referred to in paragraphs 4 and 5 of section 25:

1.  Assess any potential impact of the proposed change on the archaeological resources.

2.  Publish an addendum to the final report that includes the information set out in Schedule 12 on the project website.

3.  As soon as possible after publication, give written notice of the addendum to the Director and each Indigenous community on the Director’s list obtained under paragraph 1 of section 22 that includes the information set out in Schedule 13.

4.  Wait at least 35 days after the addendum is published on the project website before making the change, or such shorter period as may be specified by the Minister in writing.

(2) If a shorter period is specified, the proponent shall, as soon as possible after receiving the Minister’s direction, publish notice of the shorter period on the project website and maintain it on the website for at least 35 days.

(3) Despite paragraph 4 of subsection (1), if notice is given to the proponent of a Part II.4 project under subsection 18 (3), the proponent shall not make the change until after the date specified in that notice.

Part VI
Commencement

Commencement

28. This Regulation comes into force on the latest of the following days:

1.  January 1, 2027.

2.  The day section 43 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force.

3.  The day this Regulation is filed.

Schedule 1
report — streamlined environmental assessment Draft report

1.  An explanation of the purpose of the proposed Part II.4 project and a summary of background information relating to the project.

2.  A description of the proposed Part II.4 project, including a description of the proposed method of carrying out the project.

3.  A map showing the location of the proposed Part II.4 project and the study area.

4.  A description of the environmental conditions in the study area.

5.  An overview of the studies conducted or relied on by the proponent respecting the assessment of potential negative impacts of the proposed Part II.4 project on the environment and the measures to be taken to mitigate those impacts, including,

i.  a summary of the data collected or reviewed by the proponent, and

ii.  a summary of the results and conclusions.

6.  A description of the assessment of the potential impacts on the environment of the proposed Part II.4 project performed under paragraph 2 of subsection 6 (1) of the Regulation, including the results of the assessment and the criteria used for the assessment.

7.  A description of each mitigation measure identified under paragraph 2 of subsection 6 (1) of the Regulation and an indication of whether it will be implemented.

8.  A description of the methods identified under paragraph 3 of subsection 6 (1) of the Regulation that will be used to verify the effectiveness of each of the mitigation measures implemented.

9.  A list of any authorizations that are ascertainable at the draft report stage as being required at law to proceed with the proposed Part II.4 project.

10.  A consultation record and a summary of any commitments made by the proponent to any Indigenous community, government entity or other persons in respect of proceeding with the project.

Schedule 2
report — streamlined environmental assessment Final report

1.  The information set out in Schedule 1, updated to reflect any changes to such information.

2.  As part of the updated information in paragraph 10 of Schedule 1, a summary of comments provided during the comment period referred to in section 7 of the Regulation.

3.  An explanation of how the information set out in the final report differs from the corresponding information that was set out in the draft report and the reason for each difference.

4.  If one or more extension notices were published on the project website under subsection 9 (4) or (6) of the Regulation, a summary of the information set out in each notice.

Schedule 3
Notice — Part II.4 project

1.  The proponent’s name and address.

2.  The name, phone number and email address of a person who may be contacted on behalf of the proponent.

3.  A description of the proposed Part II.4 project.

4.  A map showing the location of the proposed Part II.4 project.

5.  A statement that the proposed Part II.4 project was assessed and a draft report was prepared in accordance with the Regulation.

6.  The project website address where the draft report is available and information on any other means of obtaining a copy of the report.

7.  A statement that a person may request that the Minister make an order under section 17.31 of the Act only on the grounds that the order may prevent, mitigate or remedy adverse impacts on the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.

8.  A request that each Indigenous community notified of the draft report advise the proponent in writing of the nature of any interest it has in respect of the proposed Part II.4 project.

9.  The deadline for providing comments to the proponent and directions on how to do so.

Schedule 4
Notice — proposed significant change

1.  A summary of the proposed change.

2.  A statement that the proposed change has been determined to be significant and that an addendum to the final report will be prepared in accordance with the Regulation.

3.  A statement indicating where information about the proposed change, potential negative impacts of the proposed change and proposed mitigation measures is available.

4.  A statement that a person may request that the Minister make an order under section 17.31 of the Act only on the grounds that the order may prevent, mitigate or remedy adverse impacts on the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.

5.  If the notice is being given to an Indigenous community, a request that the community advises the proponent in writing of the nature of any interest that it has in the proposed change.

6.  The deadline for providing comments to the proponent and directions on how to do so.

Schedule 5
Addendum — significant change

1.  A description of the proposed change.

2.  An overview of the studies conducted or relied upon by the proponent that relate to the assessment of potential impacts on the environment of the proposed change and measures to be taken to mitigate any such potential negative impacts.

3.  A description of the assessment performed under paragraph 1 of subsection 12 (1) of the Regulation and each mitigation measure, if any, identified by the proponent and an indication of whether the measure will be implemented.

4.  An explanation of how the proponent will verify the effectiveness of each mitigation measure referred to in paragraph 3, if any.

5.  A list of any authorizations required at law to proceed with the proposed change that are ascertainable.

6.  A consultation record and a summary of any commitments made by the proponent to any Indigenous community, government entity or other persons in respect of the proposed change.

Schedule 6
Notice — addendum For significant change

1.  The proponent’s name and address.

2.  The name, phone number and email address of a person who may be contacted on behalf of the proponent.

3.  A description of the proposed change.

4.  A map showing the location of the proposed change.

5.  A statement that the change was assessed and an addendum to the final report was prepared in accordance with the Regulation.

6.  The project website address where the addendum is available and information on any other means of obtaining a copy of the addendum.

7.  A statement that a person may request that the Minister make an order under section 17.31 of the Act only on the grounds that the order may prevent, mitigate or remedy adverse impacts on the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.

Schedule 7
Addendum — non-significant change

1.  A description of the proposed change.

2.  A summary of the assessment performed under paragraph 1 of subsection 13 (1) of the Regulation and each mitigation measure, if any, identified by the proponent and an indication of whether the measure will be implemented.

3.  An explanation of the determination made under subparagraph 2 i of subsection 10 (1) of the Regulation, including how the factors were considered in determining that the proposed change is not significant and any other information supporting the determination.

Schedule 8
Notice — addendum For non-significant change

1.  The proponent’s name and address.

2.  A description of the proposed change.

3.  A statement that the change was determined not to be a significant change in accordance with the Regulation and that an addendum to the final report has been published on the project website.

Schedule 9
Report — review report

1.  A description of environmental conditions in the study area.

2.  A comparison to the environmental conditions described in the final report or, if applicable, in the most recent review report.

3.  An indication of whether one or more changes to the project are, in the proponent’s opinion, necessary to mitigate potential negative environmental impacts and the rationale for such opinion.

4.  A description of any such changes proposed to be made.

5.  A statement that the review report has been prepared in accordance with the Regulation.

Schedule 10
Report — archaeological assessment Draft report

1.  A description of the proposed Part II.4 project.

2.  A map showing the location of the proposed Part II.4 project, including the proposed project area.

3.  Subject to section 24 of the Regulation, a description of the assessment of the potential impacts of the proposed Part II.4 project on the archaeological resources performed under subsection 23 (1) of the Regulation, including,

i.  a summary of the Stage 1 report, including the licensed archaeologist’s conclusions on whether the proposed project area has archaeological potential,

ii.  an indication of whether the Stage 1 report recommends a Stage 2 archaeological assessment,

iii.  any commitments made to Indigenous communities in relation to archaeological resources,

iv.  if a Stage 2 report is prepared, a summary of the report, including the licensed archaeologist’s recommendations in respect of each identified archaeological resource, and

v.  a description of how the proponent will implement each commitment and recommendation, if any.

4.  Subject to section 24 of the Regulation, a description of the assessment of the potential impacts of the proposed Part II.4 project on the archaeological resources performed under subsection 23 (2) of the Regulation, including,

i.  a summary of the marine report, including,

A.  the licensed archaeologist’s conclusions on whether the proposed project area has archaeological potential, and

B.  the licensed archaeologist’s recommendations, if any, in respect of each identified archaeological resource,

ii.  any commitments made to Indigenous communities in relation to archaeological resources, and

iii.  a description of how the proponent will implement each commitment and recommendation, if any.

5.  Copies of any correspondence from the Ministry of Citizenship and Multiculturalism  in respect of the Part II.4 project.

6.  A consultation record.

Schedule 11
Report — archaeological assessment Final report

1.  The information set out in Schedule 10, updated to reflect any changes to such information.

2.  As part of the updated information in paragraph 6 of Schedule 10, a summary of comments provided during the comment period referred to in section 7 of the Regulation.

3.  An explanation of how the information set out in the final report differs from the corresponding information that was set out in the draft report and the reason for each difference.

Schedule 12
Addendum — archaeological focus

1.  A description of the proposed change, the rationale for it and a summary of the assessment referred to in paragraph 1 of subsection 27 (1) of the Regulation.

2.  Copies of any correspondence from the Ministry of Citizenship and Multiculturalism in respect of the proposed change.

3.  A consultation record.

Schedule 13
Notice — addendum archaeological focus

1.  The proponent’s name and address.

2.  A description of the proposed change.

3.  A statement that an addendum to the final report was prepared in accordance with the Regulation.

4.  The project website address where the addendum is available.

5.  A statement that a person may request that the Minister make an order under section 17.31 of the Act only on the grounds that the order may prevent, mitigate or remedy adverse impacts on the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.