Regulation - LGIC
2016 amendments to regulations under the Environmental Bill of Rights, 1993
Regulation Number(s):
73/94
681/94
681/94
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Bill of Rights
Summary of Proposal:
The Environmental Bill of Rights, 1993 (EBR) provides a number of opportunities for the public to influence and be involved with the government's decision making process when it comes to protecting the environment.
The application of the EBR is determined by two regulations
Ontario Regulation 73/94 (General)
Determines which ministries and Acts are subject to various aspects of the EBR
Ontario Regulation 681/94 (Instrument Classification)
Determines which instruments (such as approvals, permits or orders) are posted on the Environmental Registry
The Ministry is proposing to amend Ontario Regulation 73/94 to prescribe the following Acts:
Add the Resource Recovery and Circular Economy Act, 2016 to section 3
This will require that the Ministry of the Environment and Climate Change use the Environmental Registry to consult on decisions to make, amend or revoke regulations that could have a significant effect on the environment under the Resource Recovery and Circular Economy Act, 2016
Add the Waste Diversion Transition Act, 2016 to section 3
This will require that the Ministry of the Environment and Climate Change use the Environmental Registry to consult on decisions to make, amend or revoke regulations that could have a significant effect on the environment under the Waste Diversion Transition Act, 2016
Remove the Waste Diversion Act, 2002 from section 3 and subsection 6(2)
The Waste Diversion Act, 2002 is repealed on a day to be named by proclamation of the Lieutenant Governor
Add the Great Lakes Protection Act, 2015 to section 3
This will require that the Ministry of the Environment and Climate Change use the Environmental Registry to consult on decisions to make, amend or revoke regulations that could have a significant effect on the environment under the Great Lakes Protection Act, 2015
Add the Climate Change Mitigation and Low-Carbon Economy Act, 2016 to section 3
This will require that the Ministry of the Environment and Climate Change use the Environmental Registry to consult on decisions to make, amend or revoke regulations that could have a significant effect on the environment under the Climate Change Mitigation and Low-Carbon Economy Act, 2016
The ministry is also proposing administrative amendments to both regulations in order to reflect recent name changes of the ministries that are subject to the requirements of the EBR.
Name changes required in Ontario Regulation 73/94 are as follows:
Ministry of Aboriginal Affairs to be renamed Ministry of Indigenous Relations and Reconciliation in sections 1 and 2
Ministry of Economic Development, Employment and Infrastructure to be renamed separately as the Ministry of Economic Development and Growth and the Ministry of Infrastructure in sections 1 and 2
Ministry of Municipal Affairs and Housing to be renamed separately the Ministry of Housing and the Ministry of Municipal Affairs
Section 1
Section 2
Subection 4(1) (Ministry of Municipal Affairs only)
Section 5
Name changes required in Ontario Regulation 681/94 are as follows:
Ministry of Municipal Affairs and Housing to be amended to refer to the Ministry of Municipal Affairs
The application of the EBR is determined by two regulations
Ontario Regulation 73/94 (General)
Determines which ministries and Acts are subject to various aspects of the EBR
Ontario Regulation 681/94 (Instrument Classification)
Determines which instruments (such as approvals, permits or orders) are posted on the Environmental Registry
The Ministry is proposing to amend Ontario Regulation 73/94 to prescribe the following Acts:
Add the Resource Recovery and Circular Economy Act, 2016 to section 3
This will require that the Ministry of the Environment and Climate Change use the Environmental Registry to consult on decisions to make, amend or revoke regulations that could have a significant effect on the environment under the Resource Recovery and Circular Economy Act, 2016
Add the Waste Diversion Transition Act, 2016 to section 3
This will require that the Ministry of the Environment and Climate Change use the Environmental Registry to consult on decisions to make, amend or revoke regulations that could have a significant effect on the environment under the Waste Diversion Transition Act, 2016
Remove the Waste Diversion Act, 2002 from section 3 and subsection 6(2)
The Waste Diversion Act, 2002 is repealed on a day to be named by proclamation of the Lieutenant Governor
Add the Great Lakes Protection Act, 2015 to section 3
This will require that the Ministry of the Environment and Climate Change use the Environmental Registry to consult on decisions to make, amend or revoke regulations that could have a significant effect on the environment under the Great Lakes Protection Act, 2015
Add the Climate Change Mitigation and Low-Carbon Economy Act, 2016 to section 3
This will require that the Ministry of the Environment and Climate Change use the Environmental Registry to consult on decisions to make, amend or revoke regulations that could have a significant effect on the environment under the Climate Change Mitigation and Low-Carbon Economy Act, 2016
The ministry is also proposing administrative amendments to both regulations in order to reflect recent name changes of the ministries that are subject to the requirements of the EBR.
Name changes required in Ontario Regulation 73/94 are as follows:
Ministry of Aboriginal Affairs to be renamed Ministry of Indigenous Relations and Reconciliation in sections 1 and 2
Ministry of Economic Development, Employment and Infrastructure to be renamed separately as the Ministry of Economic Development and Growth and the Ministry of Infrastructure in sections 1 and 2
Ministry of Municipal Affairs and Housing to be renamed separately the Ministry of Housing and the Ministry of Municipal Affairs
Section 1
Section 2
Subection 4(1) (Ministry of Municipal Affairs only)
Section 5
Name changes required in Ontario Regulation 681/94 are as follows:
Ministry of Municipal Affairs and Housing to be amended to refer to the Ministry of Municipal Affairs
Further Information:
Link to Environmental Registry
Proposal Number:
16-MOE019
Posting Date:
October 14, 2016
Comments Due Date:
November 28, 2016