ontario regulation 260/26

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. 51/24

(EXEMPTIONS FROM THE ACT AND FROM PART II.1 OF THE ACT)

1. The title of Ontario Regulation 51/24 is amended by striking out “from the Act and from Part II.1 of the Act”.

2. Section 9 of the Regulation is revoked.

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

Exemptions from Part II.4 of the Act

Emergency projects

16.1. (1) A project designated as a Part II.4 project under section 28, 29, 31, 32, 34, 35, 36 or 37 of Ontario Regulation 50/24 (Designation of Part II.3 and Part II.4 Projects) is exempt from Part II.4 of the Act if,

(a) the proponent determines that the project must be carried out to alleviate an emergency situation that exists by reason of,

(i) danger to the health and safety of any person,

(ii) impairment or immediate risk of impairment of the quality of the natural environment for any use that can be made of it, or

(iii) injury or damage or immediate risk of injury or damage to any property or to any plant or animal life;

(b) the emergency situation is not the result of the proponent intentionally delaying the project;

(c) in the case of a project designated under section 31 or 32, the Director under Part V of the Safe Drinking Water Act, 2002 is notified of the emergency situation and the project;

(d) in the case of a project designated under section 34, 35, 36 or 37, the Director under Part II.1 of the Environmental Protection Act is notified of the emergency situation and the project; and

(e) the conservation authority with jurisdiction over the area where the project is located is notified of the emergency situation and the project.

(2) In this section,

“conservation authority” means a conservation authority established by or under the Conservation Authorities Act or a predecessor of that Act.

Commencement

4. 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.