Regulation - LGIC
Exempting five Lakes and Rivers Improvement Act orders from certain requirements of Part II of the Environmental Bill of Rights, 1993 through proposed amendments to Ontario Regulation 73/94
Regulation Number(s):
Ontario Regulation 681/94
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Bill of Rights, 1993
Summary of Proposal:
The Ministry of Natural Resources and Forestry is seeking public review and comments through the Environmental Registry of Ontario (ERO) on the proposal to amend Ontario Regulation 73/94 made under the EBR Act to exempt five LRIA orders, which are prescribed Class II proposals for instruments under Ontario Regulation 681/94, from certain requirements of Part II of the EBR Act.
The EBR Act requires that ministries provide opportunities for public participation before decisions are made regarding the issuance of proposals for prescribed instruments which may significantly affect the environment. This public participation includes the posting of proposals on the ERO.
Ontario Regulation 681/94 under the EBR Act identifies the instrument proposals that must be posted to the ERO, and classifies these instrument proposals as either Class I, II, or III proposals.
Currently there are five LRIA compliance orders that are classified as Class II proposals for instruments and posting of the instrument proposal to the ERO for public comment is required in advance of issuing an order.
The main purpose of these LRIA compliance orders is to prevent harm to people, property, and the environment. A quick response time is often critical to achieve the intended purpose of these orders in the public interest. In this context, posting proposed orders for public consultation in advance of issuing them may cause a delay that undermines the effectiveness of this compliance tool.
Following the completion of this consultation period, the Minister will consider any comments made. The Minister may recommend to the Ministry of Environment, Conservation and Parks proposed amendments to O. Reg. 73/94 under the EBR Act to exempt the five LRIA orders from the requirements of Part II of the EBR Act except the requirement to post a decision notice.
The posting and public consultation requirements under the EBR Act are separate and distinct from the Crown's duty to consult with Indigenous peoples. The ministry will continue to assess whether LRIA orders have the potential to adversely impact Aboriginal or treaty rights and will consult Indigenous communities where required.
The EBR Act requires that ministries provide opportunities for public participation before decisions are made regarding the issuance of proposals for prescribed instruments which may significantly affect the environment. This public participation includes the posting of proposals on the ERO.
Ontario Regulation 681/94 under the EBR Act identifies the instrument proposals that must be posted to the ERO, and classifies these instrument proposals as either Class I, II, or III proposals.
Currently there are five LRIA compliance orders that are classified as Class II proposals for instruments and posting of the instrument proposal to the ERO for public comment is required in advance of issuing an order.
The main purpose of these LRIA compliance orders is to prevent harm to people, property, and the environment. A quick response time is often critical to achieve the intended purpose of these orders in the public interest. In this context, posting proposed orders for public consultation in advance of issuing them may cause a delay that undermines the effectiveness of this compliance tool.
Following the completion of this consultation period, the Minister will consider any comments made. The Minister may recommend to the Ministry of Environment, Conservation and Parks proposed amendments to O. Reg. 73/94 under the EBR Act to exempt the five LRIA orders from the requirements of Part II of the EBR Act except the requirement to post a decision notice.
The posting and public consultation requirements under the EBR Act are separate and distinct from the Crown's duty to consult with Indigenous peoples. The ministry will continue to assess whether LRIA orders have the potential to adversely impact Aboriginal or treaty rights and will consult Indigenous communities where required.
Analysis of Regulatory Impact:
This proposal would not create new administrative or other costs to businesses in Ontario
Further Information:
Link to Environmental Registry
Proposal Number:
24-MNRF002
Posting Date:
March 5, 2024
Comments Due Date:
April 19, 2024