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Bill 5, York Region Wastewater Act, 2021

Piccini, Hon. David Minister of the Environment, Conservation and Parks

Royal Assent received. Statutes of Ontario 2021,

chapter 32

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Status

Debates

Royal Assent

Original

Bill 5 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 5 and does not form part of the law. Bill 5 has been enacted as

Chapter 32 of the Statutes of Ontario, 2021.

The

Minister’s decision-making on the Upper York Sewage Solutions Undertaking is

suspended and all actions by the Regional Municipality of York related to that

undertaking are prohibited.

Bill 5 2021

Act respecting York Region Wastewater

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions

In this

Act,

“Minister”

means the Minister of the Environment, Conservation and Parks or such other

member of the Executive Council as may be assigned the administration of this

Act under the Executive Council Act ; (“ministre”)

“Upper

York Sewage Solutions Undertaking” means the undertaking described in the

Regional Municipality of York’s Upper York Sewage Solutions Environmental

Assessment Report dated July 2014, which includes a water reclamation centre, a

project-specific phosphorous off-setting program and modifications to the existing

York Durham Sewage System, which was proposed to accommodate population and

development growth in the Upper York wastewater service area; (“entreprise de

solutions pour la gestion des eaux d’égout dans Upper York”)

“Upper

York wastewater service area” means the area proposed to be serviced by the York

Region wastewater project and includes areas in the towns of Aurora, East

Gwillimbury and Newmarket. (“zone de service des eaux usées dans Upper York”)

decision by Minister

(1) The

Minister shall not make any decision under sections 8 to 11.1 of

the Environmental Assessment Act in respect of the

application for the Upper York Sewage Solutions Undertaking that was submitted

for approval by the Regional Municipality of York.

Non-application

of s. 10, Environmental Assessment Act

(2) Section

10 of the Environmental Assessment Act does not

apply and is deemed never to have applied with respect to the application for

the Upper York Sewage Solutions Undertaking that was submitted for approval by

the Regional Municipality of York.

Action

not to be taken

Despite

subsection 12.2 (1) of the Environmental Assessment Act ,

the Regional Municipality of York shall not take any action in respect of the

Upper York Sewage Solutions Undertaking.

cause of action

(1) No

cause of action arises against the Crown, any current or former member of the

Executive Council or any current or former employee or agent of or adviser to

the Crown as a direct or indirect result of,

(

a) the

enactment, operation, amendment or repeal of any provision of this Act;

(

b) anything

done or not done under the authority of or in reliance on this Act, whether

before or after this

section comes into force; or

(

c) any representation or other conduct that

is related, directly or indirectly, to the application for the Upper York

Sewage Solutions Undertaking that was submitted for approval by the Regional

Municipality of York, whether made or occurring before or after this

section

comes into force, subject to subsection (2).

Same

(2) Clause

(1) (

c) does not apply with respect to a representation or other conduct made

or occurring after the repeal of subsection 2 (1).

Proceedings

barred

(3) No

proceeding, including but not limited to any proceeding for a remedy in

contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust

or fiduciary obligation and any remedy under any statute that is directly or

indirectly based on or related to anything referred to in subsection (1), may

be brought or maintained against a person referred to in that subsection.

Application

(4) Subsection

(3) applies to any action or other proceeding claiming any remedy or relief,

including specific performance, injunction, declaratory relief, any form of

compensation or damages or any other remedy or relief, and includes any

arbitral, administrative or court proceedings, but does not apply to an

application for judicial review.

Retrospective

effect

(5) Subsections

(3) and (4) apply regardless of whether the claim on which the proceeding is

purportedly based arose before or after this

section came into force.

Proceedings

set aside

(6) Any

proceeding referred to in subsection (3) or (4) commenced before this

section

came into force that would be barred as of the day this

section comes into

force is deemed to have been dismissed, without costs, on the day this

section

comes into force.

Repeals

(1) Subsection 2 (1) of this Act is repealed.

(2) Section

3 of this Act is repealed.

Commencement

(1) Subject to subsection (2), this Act comes into force on the day

it receives Royal Assent.

(2) Section

5 comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Short

title

The

short title of this Act is the York Region Wastewater

Act, 2021 .

Bill 5 Original (PDF)

EXPLANATORY

NOTE

The

Minister’s decision-making on the Upper York Sewage Solutions Undertaking is

suspended and all actions by the Regional Municipality of York related to that

undertaking are prohibited.

Bill 5 2021

Act respecting York Region Wastewater

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions

In this

Act,

“Minister”

means the Minister of the Environment, Conservation and Parks or such other

member of the Executive Council as may be assigned the administration of this

Act under the Executive Council Act ; (“ministre”)

“Upper

York Sewage Solutions Undertaking” means the undertaking described in the

Regional Municipality of York’s Upper York Sewage Solutions Environmental

Assessment Report dated July 2014, which includes a water reclamation centre, a

project-specific phosphorous off-setting program and modifications to the

existing York Durham Sewage System, which was proposed to accommodate

population and development growth in the Upper York wastewater service area; (“entreprise

de solutions pour la gestion des eaux d’égout dans Upper York”)

“Upper

York wastewater service area” means the area proposed to be serviced by the York

Region wastewater project and includes areas in the towns of Aurora, East

Gwillimbury and Newmarket. (“zone de service des eaux usées dans Upper York”)

decision by Minister

(1) The

Minister shall not make any decision under sections 8 to 11.1 of

the Environmental Assessment Act in respect of the

application for the Upper York Sewage Solutions Undertaking that was submitted

for approval by the Regional Municipality of York.

Non-application

of s. 10, Environmental Assessment Act

(2) Section

10 of the Environmental Assessment Act does not

apply and is deemed never to have applied with respect to the application for

the Upper York Sewage Solutions Undertaking that was submitted for approval by

the Regional Municipality of York.

Action

not to be taken

Despite

subsection 12.2 (1) of the Environmental Assessment Act ,

the Regional Municipality of York shall not take any action in respect of the

Upper York Sewage Solutions Undertaking.

cause of action

(1) No

cause of action arises against the Crown, any current or former member of the

Executive Council or any current or former employee or agent of or adviser to

the Crown as a direct or indirect result of,

(

a) the

enactment, operation, amendment or repeal of any provision of this Act;

(

b) anything

done or not done under the authority of or in reliance on this Act, whether

before or after this

section comes into force; or

(

c) any representation or other conduct that

is related, directly or indirectly, to the application for the Upper York

Sewage Solutions Undertaking that was submitted for approval by the Regional

Municipality of York, whether made or occurring before or after this

section

comes into force, subject to subsection (2).

Same

(2) Clause

(1) (

c) does not apply with respect to a representation or other conduct made

or occurring after the repeal of subsection 2 (1).

Proceedings

barred

(3) No

proceeding, including but not limited to any proceeding for a remedy in

contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust

or fiduciary obligation and any remedy under any statute that is directly or

indirectly based on or related to anything referred to in subsection (1), may

be brought or maintained against a person referred to in that subsection.

Application

(4) Subsection

(3) applies to any action or other proceeding claiming any remedy or relief,

including specific performance, injunction, declaratory relief, any form of

compensation or damages or any other remedy or relief, and includes any

arbitral, administrative or court proceedings, but does not apply to an

application for judicial review.

Retrospective

effect

(5) Subsections

(3) and (4) apply regardless of whether the claim on which the proceeding is

purportedly based arose before or after this

section came into force.

Proceedings

set aside

(6) Any

proceeding referred to in subsection (3) or (4) commenced before this

section

came into force that would be barred as of the day this

section comes into

force is deemed to have been dismissed, without costs, on the day this

section

comes into force.

Repeals

(1) Subsection 2 (1) of this Act is repealed.

(2) Section

3 of this Act is repealed.

Commencement

(1) Subject to subsection (2), this Act comes into force on the day

it receives Royal Assent.

(2) Section

5 comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Short

title

The

short title of this Act is the York Region Wastewater

Act, 2021 .

Date Bill stage Event Outcome Committee

October 20, 2021

Royal Assent

Royal Assent received

October 19, 2021

Third Reading

Vote

Carried

October 19, 2021

Third Reading

Debated

October 19, 2021

Second Reading

Ordered for Third Reading pursuant to the Order of the House

October 19, 2021

Second Reading

Vote

Carried on division

October 19, 2021

Second Reading

Question put

October 19, 2021

Second Reading

Time allocated

October 7, 2021

Second Reading

Debated

October 6, 2021

Second Reading

Debated

October 6, 2021

Second Reading

Debated

October 5, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

October 5, 2021

Committee

Second Reading

Ooctober 6, 2021

Principal Debaters :

Hon. Lisa MacLeod, Ms. Andrea Khanjin, Ms. Jennifer K. French, Mr. Toby Barrett, Mr. Tom Rakocevic, Mr. Jim McDonell, Mr. Joel Harden, Mr. Mike Harris, Ms. Sandy Shaw, Mrs. Robin Martin

Questions and Comments :

Mr. Sol Mamakwa, Mr. Paul Miller, Ms. Peggy Sattler, Mr. Michael Mantha, Ms. Sara Singh, Hon. Paul Calandra, Mr. Robert Bailey, Mr. Vincent Ke, Mr. Randy Pettapiece, Mr. Jeff Burch, Mr. Aris Babikian

October 6, 2021 (Continued)

October 7, 2021

Principal Debaters :

Mr. Michael Mantha, Hon. David Piccini, Mr. Paul Miller

Questions and Comments :

Ms. Andrea Khanjin, Ms. Sandy Shaw, Mr. Sheref Sabawy, Mr. Jeff Burch, Mrs. Daisy Wai, Ms. Goldie Ghamari, Ms. Judith Monteith-Farrell, Mr. Joel Harden

Time Allocation

October 18, 2021

Mr. Michael Parsa, Miss Monique Taylor, Ms. Andrea Khanjin, Mr. Sol Mamakwa, Mr. Gurratan Singh

Vote deferred.

October 19, 2021

Carried on division.

October 19, 2021

Carried on division. Ordered for third reading pursuant to the order of the House.

Committee

Third Reading

October 19, 2021

Principal Debaters :

Hon. David Piccini, Mr. John Vanthof, Mme Lucille Collard, Mr. Gurratan Singh, Mr. Stephen Blais

Carried on division.

Royal Assent

Wednesday, October 20, 2021

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