p42 s2 bill 5 b005 e.pdf

Ontario — Bills

2ND SESSION, 42ND LEGISLATURE, ONTARIO 70 ELIZABETH II, 2021 Bill 5

An Act respecting York Region Wastewater The Hon. D. Piccini Minister of the Environment, Conservation and Parks Government Bill 1st Reading October 5, 2021 2nd Reading 3rd Reading Royal Assent

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

An 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 1 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 exis ting 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”) No decision by Minister 2

(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 3 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. No cause of action 4

(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 relat ed, 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.

2 Application (4) Subsection (3) applies to any action or other proceeding claiming any remedy or relief, including specific perfor mance, 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 5 (1) Subsection 2 (1) of this Act is repealed.

(2) Section 3 of this Act is repealed. Commencement 6

(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 Lieu tenant Governor.

Short title 7 The

short title of this Act is the York Region Wastewater Act, 2021.

Document details

Collection	Ontario — Bills
Citation	p42 s2 bill 5 b005 e.pdf
Type	bill
Volume / chapter	p42 s2 bill 5 b005 e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	5948ef56a724ff4c02ea3fb99bf1054e24e78c21

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