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Bill 306, York Region Wastewater Act, 2021

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

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Status

Debates

Original

Bill 306 Original (PDF)

EXPLANATORY

NOTE

The

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

and all actions related to that undertaking are prohibited.

Bill 306 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”)

Minister

not to make decision

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.

Action

not to be taken

Despite

subsection 12.2 (1) of the Environmental Assessment Act ,

no person shall 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 and any current or former employee or agent of or advisor to

the Crown as a direct or indirect result of,

(

a) the

enactment of this Act; or

(

b) anything

done or not done under the authority of this Act.

Exception

(2) Subsection

(1) does not apply in the case of an application for judicial review or an

action or a proceeding that is specifically provided for under

an Act with

respect to persons referred to in that subsection.

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 the enactment of this Act may be brought or

maintained against the persons referred to in subsection (1).

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.

Retrospective

effect

(5) Subsections

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

based arose before, on or after the day this subsection came into force.

Proceedings

set aside

(6) Any

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

subsection came into force shall be deemed to have been dismissed, without

costs, on the day this subsection came into force.

Repeals

(1) Section 2 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

June 3, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

June 3, 2021

Committee

Second Reading

Committee

Third Reading

Royal Assent

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