ONTARIO REGULATION 160/10

made under the

ENVIRONMENTAL BILL OF RIGHTS, 1993

Made: April 21, 2010
Filed: May 6, 2010
Published on e-Laws: May 6, 2010
Printed in The Ontario Gazette: May 22, 2010

Amending O. Reg. 681/94

(Classification of Proposals for Instruments)

Note: Ontario Regulation 681/94 has previously been amended. For the legislative history of the Regulation, see the Table of Consolidated Regulations – Detailed Legislative History at www.e-Laws.gov.on.ca.

1.  The heading to Part I of Ontario Regulation 681/94 is amended by striking out “AND COMMERCIAL RELATIONS” and substituting “SERVICES”.

2.  The heading before section 1 is revoked and the following substituted:

Class I Proposals — Technical Standards and Safety Act, 2000

3.  Paragraph 1 of section 1 is revoked and the following substituted:

1. A proposal, pursuant to clause 36 (3) (c) of the Technical Standards and Safety Act, 2000 to allow a variance from section 9 of Ontario Regulation 217/01 (Liquid Fuels) made under the Technical Standards and Safety Act, 2000.

2. A proposal, pursuant to clause 36 (3) (c) of the Technical Standards and Safety Act, 2000 to allow a variance from any of the following clauses of the Liquid Fuels Handling Code adopted by reference, as amended from time to time, as part of Ontario Regulation 217/01 (Liquid Fuels) made under the Technical Standards and Safety Act, 2000 under section 7 of Ontario Regulation 223/01 (Codes and Standards Adopted by Reference) made under the Technical Standards and Safety Act, 2000:

i. Clause 2.

ii. Clauses 3.1 to 3.2.2.4 and 3.3 to 3.5.8.

iii. Clauses 4.1 to 4.2.1.7 and 4.2.2 to 4.6.16.

iv. Clauses 5.1.1 to 5.2.3, 5.3.1 to 5.3.6, 5.3.13, 5.4.1 to 5.4.3, 5.4.4, 5.4.6, 5.4.7, 5.4.9, 5.5.1 to 5.5.8, 5.6.1 to 5.6.1.8, 5.6.2.3, 5.6.2.8. 5.6.2.9, 5.7, 5.8.2 to 5.8.9 and 5.8.11.

v. Clauses 6.1.1.1, 6.1.1.2, 6.1.1.5, 6.1.1.6, 6.1.1.14 to 6.1.4.5, 6.1.5.2 to 6.1.6.2, 6.1.6.4, 6.1.7.1 to 6.1.7.5, 6.4.1 to 6.5.2 and 6.7.1 to 6.7.2.

vi. Clauses 7.1 to 7.6.7.

vii. Clauses 8.1.2 to 8.3.3.

viii. Clauses 9.3.4, 9.3.5, 9.3.6, 9.4.3, 9.4.9, 9.4.10, 9.4.11 and 9.4.12.

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

Class I Proposals — Safe Drinking Water Act, 2002

4.1  (1)  Subject to subsection (2), the following are Class I proposals for instruments:

1. A proposal for an approval under subsection 36 (1) of the Safe Drinking Water Act, 2002.

2. A proposal for a drinking water works permit under subsection 40 (1) of the Safe Drinking Water Act, 2002.

3. A proposal for a municipal drinking water licence under subsection 44 (1) of the Safe Drinking Water Act, 2002.

4. A proposal for an order under section 108, 109 or subsection 111 (2) of the Safe Drinking Water Act, 2002 or a proposal for a notice under section 110 of the Safe Drinking Water Act, 2002, if the order or notice is with respect to a drinking water system that is subject to an approval, permit or licence to which this subsection applies.

(2)  Subsection (1) applies only if the proposed instrument,

(a) subject to subsection (3),

(i) establishes or alters a drinking water system with emissions to the air, or

(ii) sets limits for the discharge of contaminants to air; or

(b) subject to subsection (4),

(i) establishes or alters a drinking water system that addresses the management of residue from the treatment process, or

(ii) sets limits on the discharge of specific contaminants from a discharge point to surface water.

(3)  Subsection (1) does not apply in respect of a proposal for an instrument described in subclause (2) (a) (i) or (ii) if it would only permit one or more of the following:

1. The discharge of a contaminant from any one discharge point for a total of less than 10 hours in any seven-day period.

2. The discharge of a contaminant resulting from operating combustion equipment, if the equipment is not fired with fuel derived from waste, other than wood waste, and is not operated for the purpose of generating heat or electricity for sale.

3. The discharge of a contaminant from a storage tank or vessel.

4. The discharge of a contaminant from a discharge point that is less than or equal to the discharge already approved under an approval, a drinking water works permit issued under subsection 40 (1) of the Safe Drinking Water Act, 2002 or a municipal drinking water licence issued under subsection 44 (1) of the Safe Drinking Water Act, 2002 for that contaminant and that discharge point.

(4)  Subsection (1) does not apply in respect of a proposal for an instrument described in subclause (2) (b) (i) or (ii) if an instrument already exists relating to the discharge point to which the proposal relates and the proposal would not create an increase in the discharge of any of the specific contaminants from the discharge point.

5.  Paragraphs 4 and 5 of subsection 6 (2) of the Regulation are revoked.

6.  Paragraph 5 of subsection 10.3 (2) of the Regulation is revoked and the following substituted:

5. Within 50 metres of land that is determined by the Ministry of Natural Resources to be necessary for the survival of a species that, under the Endangered Species Act, 2007, is listed on the Species at Risk in Ontario List as an endangered or threatened species.

7.  The heading before section 10.5 and section 10.5 of the Regulation are revoked and the following substituted.

Class I Proposals — Endangered Species Act, 2007

10.5.  (1)  A proposal to enter into an agreement under section 16 of the Endangered Species Act, 2007 is a Class I proposal for an instrument if all of the following criteria are satisfied:

1. The agreement is for the purpose of assisting a party to the agreement to introduce or reintroduce, into any part of Ontario, members of a species that, under the Endangered Species Act, 2007, is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species.

2. The agreement would authorize a party to the agreement to engage in an activity specified in the agreement that would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.

3. The authorization referred to in paragraph 2 does not apply to an animal.

4. The party to the agreement that would be authorized to engage in the activity referred to in paragraph 2 is not the Crown in right of Ontario, a municipality or a public body within the meaning of the Environmental Assessment Act.

5. The authority to engage in the activity referred to in paragraph 2,

i. would not apply on Crown land, and

ii. would not apply in a provincial park.

(2)  If a proposal to enter into an agreement under section 16 of the Endangered Species Act, 2007 is a Class I proposal for an instrument, a proposal to amend that agreement is a Class I proposal for an instrument if the proposed amendment would authorize a party to,

(a) engage in an activity already specified in the agreement in respect of an additional species; or

(b) engage in an additional activity that would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.

(3)  If a proposal to enter into an agreement under section 16 of the Endangered Species Act, 2007 is not a Class I proposal for an instrument, a proposal to amend that agreement is a Class I proposal for an instrument if the proposal to enter into the agreement in its amended form would be a Class I proposal for an instrument under subsection (1).

(4)  A proposal to issue a permit under clause 17 (2) (a) of the Endangered Species Act, 2007 is a Class I proposal for an instrument if all of the following criteria are satisfied:

1. The permit would authorize a person to engage in an activity specified in the permit that,

i. in the opinion of the Minister, would be likely to jeopardize the survival of a species in Ontario that, under the Endangered Species Act, 2007, is listed on the Species at Risk in Ontario List as an endangered or threatened species, and

ii. would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.

2. The species referred to in paragraph 1 is not an animal.

3. The person to whom the permit would be issued is not the Crown in right of Ontario, a municipality or a public body within the meaning of the Environmental Assessment Act.

4. The authority to engage in the activity referred to in paragraph 1,

i. would not apply on Crown land, and

ii. would not apply in a provincial park.

(5)  A proposal to issue a permit under clause 17 (2) (b) of the Endangered Species Act, 2007 is a Class I proposal for an instrument if all of the following criteria are satisfied:

1. The permit would be issued for the purpose of assisting a person to introduce or reintroduce, into any part of Ontario, members of a species that, under the Endangered Species Act, 2007, is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species.

2. The permit would authorize a person to engage in an activity specified in the permit that would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.

3. The species referred to in paragraph 1 is not an animal.

4. The person to whom the permit would be issued is not the Crown in right of Ontario, a municipality or a public body within the meaning of the Environmental Assessment Act.

5. The authority to engage in the activity referred to in paragraph 2,

i. would not apply on Crown land, and

ii. would not apply in a provincial park.

(6)  A proposal to issue a permit under clause 17 (2) (c) or (d) of the Endangered Species Act, 2007 is a Class I proposal for an instrument if all of the following criteria are satisfied:

1. The permit would authorize a person to engage in an activity specified in the permit that would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.

2. The species that would be specified in the permit is not an animal.

3. The person to whom the permit would be issued is not the Crown in right of Ontario, a municipality or a public body within the meaning of the Environmental Assessment Act.

4. The authority to engage in the activity referred to in paragraph 1,

i. would not apply on Crown land, and

ii. would not apply in a provincial park.

(7)  If a proposal to issue a permit under clause 17 (2) (a), (b), (c) or (d) of the Endangered Species Act, 2007 is a Class I proposal for an instrument under subsection (4), (5) or (6), a proposal to amend the permit under subclause 17 (7) (a) (i) or (ii) or clause 17 (7) (b) of the Endangered Species Act, 2007 is a Class I proposal for an instrument if the proposal to amend the permit is for the purpose of authorizing a person to,

(a) engage in an activity already specified in the permit in respect of an additional species; or

(b) engage in an additional activity that would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.

(8)  If a proposal to issue a permit under clause 17 (2) (a), (b), (c) or (d) of the Endangered Species Act, 2007 is not a Class I proposal for an instrument, a proposal to amend the permit under subclause 17 (7) (a) (i) or (ii) or clause 17 (7) (b) of that Act is a Class I proposal for an instrument if the proposal to issue the permit in its amended form would be a Class I proposal for an instrument under subsection (4), (5) or (6).

(9)  A proposal under subclause 17 (7) (a) (iii) or clause 17 (7) (b) of the Endangered Species Act, 2007 to revoke a permit is a Class I proposal for an instrument if a proposal to issue the permit would be a Class I proposal for an instrument under subsection (4), (5) or (6).

(10)  A proposal to enter into an agreement under section 11 of Ontario Regulation 242/08 (General) made under the Endangered Species Act, 2007 is a Class I proposal for an instrument if all of the following criteria are satisfied:

1. The agreement would authorize a party to the agreement to engage in an activity specified in the agreement that would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.

2. The authorization referred to in paragraph 1 does not apply to an animal.

3. The party to the agreement that would be authorized to engage in the activity referred to in paragraph 1 is not the Crown in right of Ontario, a municipality or a public body within the meaning of the Environmental Assessment Act.

4. The authority to engage in the activity referred to in paragraph 1,

i. would not apply on Crown land, and

ii. would not apply on land in a provincial park.

(11)  If a proposal to enter into an agreement mentioned in subsection (10) is a Class I proposal for an instrument, a proposal to amend that agreement is a Class I proposal for an instrument if the proposed amendment would authorize a party to,

(a) engage in an activity already specified in the agreement in respect of an additional species; or

(b) engage in an additional activity that would otherwise be prohibited by clause 9 (1) (a) or (b) or section 10 of the Endangered Species Act, 2007.

(12)  If a proposal to enter into an agreement mentioned in subsection (10) is not a Class I proposal for an instrument, a proposal to amend that agreement is a Class I proposal for an instrument if the proposal to enter into the agreement in its amended form would be a Class I proposal for an instrument under subsection (10).

8.  The heading to Part III of the Regulation is amended by striking out “DEVELOPMENT AND MINES” and substituting “DEVELOPMENT, MINES AND FORESTRY”.

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

Class I Proposals — Crown Forest Sustainability Act, 1994

11.1  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 (General) made under that Act.

10.  This Regulation comes into force on the later of July 1, 2010 and the day this Regulation is filed.

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