ontario regulation 259/26

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

Amending O. Reg. 53/24

(GENERAL AND TRANSITIONAL MATTERS)

1. Ontario Regulation 53/24 is amended by striking out “Ontario Regulation 50/24 (Part II.3 Projects — Designations and Exemptions) made under the Act” wherever it appears and substituting in each case “Ontario Regulation 50/24”.

2. (1) Section 1 of the Regulation is amended by adding the following definitions:

“Ontario Regulation 50/24” means Ontario Regulation 50/24 (Designation of Part II.3 and II.4 Projects) made under the Act; (“Règlement de l’Ontario 50/24”)

“Ontario Regulation 258/26” means Ontario Regulation 258/26 (Part II.4 Projects — Requirements for Commencing and Proceeding) made under the Act; (“Règlement de l’Ontario 258/26”)

“Part II.4 transition date”, in respect of an undertaking referred to in section 15 of the Act, means the day the approval of the class environmental assessment that applies in respect of the undertaking is revoked; (“date de transition de la partie II.4”)

(2) The definition of “Municipal Class Environmental Assessment” in section 1 of the Regulation is revoked.

(3) The definition of “public body” in section 1 of the Regulation is amended by striking out “Exemptions from the Act and from Part II.1 of the Act” and substituting “Exemptions”.

3. Section 3 of the Regulation is revoked and the following substituted:

Revocation, Municipal Class Environmental Assessment

3. The approval of the Municipal Class Environmental Assessment by Order in Council 1923/2000 is revoked.

4. Section 5 of the Regulation is amended by adding the following subsection:

(3.1) If an undertaking referred to in subsection (2) is designated as a Part II.4 project under Ontario Regulation 50/24, Part II.4 of the Act does not apply to the project and Part II.3 applies instead.

5. The Regulation is amended by adding the following section:

Deemed Part II.3 projects

5.1 (1) On and after the Part II.4 transition date in respect of an undertaking, the undertaking is deemed to be a Part II.3 project if, after the Part II.3 transition date and before the Part II.4 transition date, the proponent has given terms of reference to the Ministry under subsection 17.4 (1) of the Act in respect of the undertaking.

(2) If the undertaking referred to in subsection (1) is designated as a Part II.4 project, Part II.3 of the Act applies instead of Part II.4.

6. Section 11 of the Regulation is revoked and the following substituted:

Shoreline and in-water works projects

11. (1) A project designated as a Part II.3 project under section 27 of Ontario Regulation 50/24 is exempt from Part II.3 of the Act if,

(a)  before February 22, 2024, a process of public consultation was commenced in respect of the project in accordance with an approved class environmental assessment;

(b)  construction of any of the works that are part of the project commenced before February 22, 2024 and when the construction of the works commenced, the Act did not apply in respect of the project; or

(c)  before March 10, 2023, an application under the Planning Act was made in respect of any of the works that are part of the project.

(2) For greater certainty, a reference to a project in clause (1) (a) is a reference to a project that was an undertaking or a part of an undertaking before February 22, 2024.

(3) The exemption in clause (1) (b) ceases to apply on February 22, 2029, unless the construction of the thing is substantially completed before that date.

Ontario Northland Transportation Commission projects

11.1 (1) Any project designated as a Part II.3 project under section 14 of Ontario Regulation 50/24 is exempt from Part II.3 of the Act if,

(a)  the activity that is designated as the project is carried out by the Ontario Northland Transportation Commission;

(b)  the project involves construction of a thing and the construction commenced before December 31, 2025; and

(c)  before February 22, 2024, the activity that is designated as the project was exempt from the Act.

(2) The exemption in subsection (1) ceases to apply on December 31, 2030, unless the construction of the thing is substantially completed before that date.

7. Sections 15 and 16 of the Regulation are revoked and the following substituted:

Transition to Part II.4

Authorized under class environmental assessment

15. If, in accordance with section 38.5 of the Act or clause 16 (1) (a) of this Regulation, an undertaking is deemed to be a Part II.4 project, the following rules apply for the purposes of Ontario Regulation 258/26:

1.  The project file report or environmental study report, as the case may be, prepared in respect of the undertaking under the applicable approved class environmental assessment, is deemed to be the final report in respect of the project.

2.  The day that the report referred to in paragraph 1 is published is deemed to be the day the final report is published on the project website.

3.  Any addendum published in respect of the undertaking under the applicable approved class environmental assessment is deemed to be an addendum published in respect of the project.

4.  The list of Indigenous communities, if any, provided to the proponent under the applicable approved class environmental assessment is deemed to be the list provided by the Director in respect of the project.

Class environmental assessments in progress

16. (1) The following rules apply if the approval for a class environmental assessment that applies to an undertaking is revoked and, before the Part II.4 transition date in respect of the undertaking, the proponent has given the first mandatory notice under the class environmental assessment to one or more Indigenous communities or to the public but is not authorized, on or before the Part II.4 transition date, to proceed with the undertaking in accordance with the applicable approved class environmental assessment:

1.  Part II.1 of the Act and the applicable class environmental assessment continue to apply in respect of the undertaking until the day the proponent is authorized to proceed with the undertaking.

2.  On and after the day the proponent is authorized to proceed with the undertaking,

i.  the undertaking is deemed to be a Part II.4 project, and

ii.  the proponent is deemed to have satisfied all of the requirements for commencing the project prescribed under Ontario Regulation 258/26.

(2) Subsection (1) does not apply in respect of an undertaking for which a broad master planning notice has been given and for which a notice of completion has not been given.

(3) The following rules apply if the approved class environmental assessment that applies to an undertaking allows for an archaeological screening process to be carried out in respect of the undertaking, the approval for the class environmental assessment has been revoked and, before the Part II.4 transition date in respect of the undertaking, the proponent has contacted one or more Indigenous communities in respect of the screening process for the undertaking, but has not completed the screening process on or before the Part II.4 transition date:

1.  Part II.1 of the Act and the applicable class environmental assessment continue to apply in respect of the undertaking until the day the proponent completes the screening process.

2.  On and after the day the proponent completes the screening process, the Act no longer applies to the undertaking.

(4) Despite subsections (1) and (3), if, within 90 days after the Part II.4 transition date in respect of an undertaking described in those subsections, a proponent gives the Director a written notice of termination of the class environmental assessment process in respect of the undertaking,

(a)  if the undertaking is not designated under Ontario Regulation 50/24 as a Part II.4 project, the Act ceases to apply in respect of the undertaking on the day the notice is given; or

(b)  if the undertaking is designated under Ontario Regulation 50/24 as a Part II.4 project, Part II.1 of the Act and the applicable class environmental assessment cease to apply in respect of the undertaking on the day the notice is given and Part II.4 of the Act applies instead.

(5) Before giving a notice of termination of the class environmental assessment process in respect of the following undertakings, the proponent must give an advance notice in accordance with subsection (6):

1.  An undertaking referred to in subsection (1) that is described in section 29, 32, 35, 37 or 38 of Ontario Regulation 50/24.

2.  An undertaking that is not designated under Ontario Regulation 50/24 as a Part II.4 project.

(6) The proponent shall give an advance notice that includes the following information to each Indigenous community and person contacted by the proponent under the applicable approved class environmental assessment and to any other person who, in the opinion of the proponent, may be interested, and the proponent shall allow at least 30 days to provide comments:

1.  A description of the undertaking.

2.  An indication of the approved class environmental assessment process being carried out.

3.  A statement that the proponent intends to terminate the class environmental assessment process.

4.  An indication of whether,

i.  Part II.4 will apply to the project, or

ii.  the Act will cease to apply to the undertaking.

5.  A statement that a person may submit comments to the proponent respecting any concerns about potential adverse impacts of the undertaking 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.

6.  The deadline for providing comments to the proponent in respect of any potential adverse impacts of the undertaking and directions on how to do so.

(7) Subsection (4) does not apply if, in respect of the undertaking,

(a)  a notice of completion has been issued under the applicable approved class environmental assessment before the Part II.4 transition date;

(b)  a request has been made under subsection 16 (6) of the Act and, immediately before the Part II.4 transition date, no decision has been made in respect of the request;

(c)  an order under subsection 16 (3) of the Act has been issued before the Part II.4 transition date;

(d)  an Indigenous community has raised concerns in written comments submitted to the proponent in response to an advance notice given under subsection (6); or

(e)  the proponent has given a written notice under clause 18 (1) (a) of Ontario Regulation 50/24 that they will carry out the undertaking in accordance with the applicable approved class environmental assessment.

(8) In this section,

“broad master planning notice” means a notice in respect of Approach #1 in Section A.2.7.1 of the Municipal Class Environmental Assessment, as last amended on February 22, 2024.

Changes to projects

17. If, on the Part II.4 transition date in respect of an undertaking, a proponent has given a notice of addendum under the applicable approved class environmental assessment in respect of a proposed change to the undertaking but is not authorized, on that date, to make the proposed change,

(a)  Part II.1 of the Act and the class environmental assessment continue to apply in respect of the proposed change to the undertaking; and

(b)  paragraphs 2 and 3 of subsection 10 (1) of Ontario Regulation 258/26 do not apply in respect of the proposed change to the undertaking.

Municipal projects, previously exempt

18. (1) An activity designated as a Part II.4 project under Part V, VI, VII or VIII of Ontario Regulation 50/24 is exempt from Part II.4 of the Act, if,

(a)  immediately before the day Ontario Regulation 259/26 comes into force, the activity was exempt from the Act or the Act did not apply to the activity; and

(b)  in the case of an activity designated under section 28, 31, 34 or 36, the proponent substantially proceeded with the activity before the day Ontario Regulation 259/26 came into force.

(2) For the purposes of clause (1) (b), activities such as entering contracts, performing geotechnical or other investigations for the purposes of construction, site preparation, fencing and staging do not constitute substantially proceeding with an activity.

Municipal projects, previous archaeological assessment

19. (1) An undertaking designated as a Part II.4 project under section 29, 32, 35, 37 or 38 of Ontario Regulation 50/24 is exempt from Part II.4 of the Act if, after January 1, 2011 and before the Part II.4 transition date in respect the undertaking, one or more of the following reports, as applicable, in respect of all parts of the land where the undertaking will be carried out, were entered in the Ontario Public Register of Archaeological Reports:

1.  A Stage 1 report.

2.  A Stage 2 report, if a Stage 1 report recommends Stage 2 assessment.

3.  A marine report.

(2) In this section,

“marine report”, “Ontario Public Register of Archaeological Reports”, “Stage 1 report”, “Stage 2 assessment” and “Stage 2 report” have the same meaning as in Ontario Regulation 258/26.

Orders under s. 16 of the Act

20. (1) If, before the Part II.4 transition date in respect of an undertaking, an order has been issued under subsection 16 (1) of the Act requiring the proponent to comply with Part II.3 before proceeding with the undertaking, then, on and after that date,

(a)  the order is deemed to be an order issued under subsection 17.31 (1) of the Act declaring the undertaking to be a Part II.3 project; and

(b)  Part II.3 applies with respect to the project.

(2) If, before the Part II.4 transition date in respect of an undertaking, an order has been issued under subsection 16 (3) of the Act imposing conditions on the undertaking, then, on and after the day the undertaking is deemed to be a Part II.4 project, the order is deemed to have been issued under subsection 17.31 (3) of the Act.

Commencement

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

1.  January 1, 2027.

2.  The day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force.

3.  The day this Regulation is filed.