Regulation - LGIC

Proposed Regulatory Amendments as a Result of Changes to the Environmental Protection Act and Ontario Water Resources Act, as Amended by the Open for Business Act, 2010.

Regulation Number(s):
O. Reg. 130/92
O. Reg. 287/07
Reg. 173, R.R.O. 1990
O. Reg. 101/07
O. Reg. 116/01
Reg. 334, R.R.O. 1990
O. Reg. 101/94
O. Reg. 103/94
O. Reg. 153/04
O. Reg. 206/97
O. Reg. 215/95
O. Reg. 222/07
O. Reg. 224/07
O. Reg. 232/98
O. Reg. 254/06
Reg. 338, R.R.O. 1990
Reg. 342, R.R.O. 1990
Reg. 347, R.R.O. 1990
Reg. 349, R.R.O. 1990
Reg. 352, R.R.O. 1990
Reg. 354, R.R.O. 1990
O. Reg. 359/09
Reg. 361, R.R.O. 1990
Reg. 362, R.R.O. 1990
O. Reg. 419/05
O. Reg. 455/94
O. Reg. 524/98
O. Reg. 577/98
O. Reg. 675/98
O. Reg. 760/95
O. Reg. 105/09
O. Reg. 219/09
O. Reg. 106/09
O. Reg. 267/03
O. Reg. 129/04
O. Reg. 223/07
O. Reg. 207/97
Reg. 950, R.R.O. 1990
O. Reg. 681/94
Instrument Type:
Regulation - LGIC
Bill or Act:
Various
Summary of Decision:
On April 13, 2011, the Ministry posted a proposal to amend various regulations to reflect changes to the Environmental Protection Act and Ontario Water Resources Act, as amended by the Open for Business Act, 2010.

A decision has been made to amend these regulations. These amending regulations were filed with the Registrar of Regulations on June 14, 2011.

O. Reg. 681/94 (Classification of Proposals for Instruments) under the Environmental Bill of Rights was amended to classify, for the purposes of public notice and consultation under the Environmental Bill of Rights, proposals for new instruments that would be issued under the Environmental Protection Act and remove existing classifications that are no longer valid.

In addition, regulations under various other Acts were amended to reflect the amendments made to the Environmental Protection Act and Ontario Water Resources Act. Amendments were made to 42 regulations under the following Acts:

- Cemeteries Act
- Clean Water Act
- Consolidated Hearings Act
- Environmental Assessment Act,
- Environmental Protection Act
- Food Safety and Quality Act
- Funeral, Burial and Cremation Services Act
- Lake Simcoe Protection Act
- Mining Act
- Nutrient Management Act
- Ontario Water Resources Act
- Provincial Offences Act

The regulatory amendments, in general, included:

- Making changes to reflect new terminology
- Removing references to sections that are to be revoked in the legislation
- Updating cross references to sections in the Acts to better reflect the legislative amendments

It is the intent of the Ministry, when amending these regulations to, where possible, maintain the intent of the current policy, within the context of the legislation, as amended.

These regulatory amendments are in support of the new Environmental Compliance Approval process, which will begin accepting applications on September 19, 2011.

Further Information:
Proposal Number:
11-MOE021
Posting Date:
April 14, 2011
Summary of Proposal:
1. This regulation proposal proposes classifications, for the purposes of the Environmental Bill of Rights, for new instruments that would be issued under the Environmental Protection Act. The requirement to classify instruments, and the process for classification, are set out under sections 19 and 20 of the Environmental Bill of Rights Act.

2. The Open for Business Act, 2010 made changes to the Environmental Protection Act (EPA) and the Ontario Water Resources Act (OWRA) as they relate to the process for issuing environmental approvals in Ontario. As a consequence of these amendments, regulations that refer to the amended portions of these Acts must be changed to accurately reflect the legislative amendments.

The regulatory amendments, in general, include:

- Making changes to reflect new terminology (e.g., changes from Certificates of Approval to the new Environmental Compliance Approvals)
- Removing references to sections that are to be revoked in the legislation (e.g., references to mandatory and discretionary hearings under s. 30 and 32 of the EPA, references to section 39 of the EPA, etc.)
- Correcting references to sections in the Acts to better reflect the intent of the legislative amendments (e.g., changes to reflect that approvals will be issued under the new Part II.1 of the EPA instead of EPA s. 9, s. 27 or OWRA s. 53; changes resulting from the replacement of existing mandatory and discretionary hearing provisions under the EPA and OWRA with a new harmonized discretionary hearing provision, etc.)

It is the intent of the Ministry when amending the regulations to, where possible, maintain the intent of the current wording, within the context of the legislation, as amended.
Contact Address:
Mansour Khan
Senior Program Advisor
Ministry of the Environment
Environmental Programs Division
Modernization of Approvals Project
135 St. Clair Avenue West
Floor 4
Toronto Ontario
M4V 1P5
Phone: (416) 325-7521

Effective Date:
June 14, 2011
Decision:
Approved