Regulation - Minister

Prescribing Invasive Species Act, 2015 Instruments under the Environmental Bill of Rights, 1993

Regulation Number(s):
Ontario Regulation 681/94
Instrument Type:
Regulation - Minister
Bill or Act:
Invasive Species Act, 2015
Summary of Proposal:
The Ministry of Natural Resources and Forestry seeking comments through the Environmental Registry on the proposal to prescribe Section 13: Prevention and Response Plans under the Invasive Species Act (ISA) as an instrument under the Ontario Environmental Bill of Rights (EBR).

The outcome of this consultation will determine if a request is sent to the Ministry of Environment, Conservation and Parks to amend Classification of Proposals for Instruments (Ontario Regulation 681/94), under the Environmental Bill of Rights Act to prescribe Section 13 as an instrument under the EBR. The Act is under the purview of MECP.

The EBR requires that Ministries provide opportunities for public participation before decisions are made regarding the use of instruments which may significantly affect the environment. This includes the posting of proposals on the Environmental Registry.

The EBR defines instruments as any document of legal effect issued under an Act and includes a permit, licence, approval, authorization, direction or order issued under an Act, but does not include a regulation. Only instruments that are prescribed under Ontario Regulation 681/94 are required to be posted on the Environmental Registry.
Analysis of Regulatory Impact:
This is an administrative change which would require the MNRF to post Prevention and Response Plans under the Invasive Species Act on the Environmental Registry. This change will not result in administrative or other costs to business in Ontario.

If it is determined that this proposal should be recommended to the MECP, additional public consultation on this proposal will occur when the MECP proceeds with amendments to Ontario regulation 681/94.
Further Information:
Proposal Number:
23-MNRF004
Posting Date:
March 30, 2023
Comments Due Date:
May 15, 2023