role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 197, COVID-19 Economic Recovery Act, 2020

Clark, Hon. Steve Minister of Municipal Affairs and Housing

Royal Assent received. Statutes of Ontario 2020,

chapter 18

Please select

View bill

Status

Debates

Acts affected

Royal Assent

Original

Bill 197 Royal Assent (PDF)

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 197 and does not form part of the law.

Bill 197 has been enacted as

Chapter 18 of the Statutes of Ontario, 2020.

schedule 1

building code act, 1992

The

Schedule amends several provisions of the Building Code Act, 1992 to change regulation-making authority from the Lieutenant Governor in Council to the Minister of Municipal Affairs and Housing. It also clarifies the scope of certain regulation-making authorities, including the authority to make regulations by adopting certain documents by reference.

schedule 2

city of toronto act, 2006

The

Schedule amends several provisions of the City of Toronto Act, 2006 to allow the procedure by-law to provide for electronic participation in meetings and to provide for proxy voting.

Schedule 3

Development Charges Act, 1997

The

Schedule amends the Development Charges Act, 1997 . The amendments repeal and replace certain amendments made by the More Homes, More Choice Act, 2019 that are not yet in force and make changes to other provisions that were enacted in that Act. Elements of those amendments are retained, but the following changes and additions are made.

The list of services in subsection 2 (4) of the Act for which a development charge can be imposed is expanded from the list that was included in the More Homes, More Choice Act, 2019 . A new subsection 2 (4.1) sets out the relationship between development charges and the community benefits charges that can be imposed by by-law under the Planning Act .

Section 7 of the Act currently provides for services to be grouped into categories within a development charge by-law. The

Schedule repeals and replaces

section 7 to provide for services to be included in classes which can be composed of any number or combination of services, including parts or portions of the services listed in subsection 2 (4) of the Act or parts or portions of the capital costs listed in subsection 5 (3) in respect of those services. A class set out in a by-law is deemed to be a single service for the purposes of the Act in relation to reserve funds, the use of money from reserve funds and credits.

Transitional rules that were added as

section 9.1 of the Act by the More Homes, More Choice Act, 2019 with respect to the duration of development charge by-laws are repealed and replaced. Related changes are made to transitional rules in

section 26.2 of the Act with respect to the determination of the amount of a development charge.

A new

section 33.1 provides transitional rules with respect to reserve funds established by upper-tier municipalities for services for which a development charge can no longer be imposed.

Regulation-making powers are added with respect to transitional matters.

Schedule 4

Drainage Act

The

Schedule amends the Drainage Act . The majority of the amendments relate to the service of documents and to the processes involved in amending engineers’ reports, approving improvement projects and requesting environmental appraisals.

Other technical amendments are made.

Schedule 5

Education Act

The Education Act is amended in respect of various issues.

An amendment is made to remove the requirement that directors of education must be supervisory officers that are qualified as teachers. The Act is also amended to provide that if regulations prescribe qualifications for directors of education, boards shall not appoint or employ a person as a director of education unless the person holds those qualifications. Related amendments are made to regulation-making powers under the Act.

The Act is amended to provide that the Minister may, in response to the outbreak of the coronavirus (COVID-19), operate one or more demonstration schools for exceptional pupils in either a residential or non-residential setting for the 2020-2021 school year.

Sections 185 and 188 of the Act are amended to allow persons, other than parents or guardians of pupils or prescribed persons, to be prescribed for the purpose of providing written notice to a board that a pupil or prescribed person intends to attend a prescribed school under

section 185 or a school of the board under

section 188, as the case may be. Sections 185 and 188 are also amended to add regulation-making powers relating to prescribing the persons who may provide notice, governing the conditions under which that notice may be provided by such persons and authorizing the collection of personal information in the process of providing that notice.

Finally, the Act is amended to authorize regulations providing that pupils in specified grades of elementary school shall not be suspended, or that such suspensions may only occur in the prescribed circumstances. Related amendments are made.

sCHEDULE 6

Environmental Assessment Act

The

Schedule amends the Environmental Assessment Act in order to modernize environmental assessment requirements under the Act. The amendments in the

Schedule will come into force in three phases in order to transition gradually to a more modern approach to environmental assessments. The most significant amendments are outlined below.

Currently the Act applies to enterprises and activities and proposals, plans and programs in respect of those enterprises and activities, both public and private, that are set out in

section 3 and referred to in the Act as undertakings. This approach has required that many undertakings be exempted from the Act by regulation, by order or otherwise under the Act. The amendments remove references to undertakings from the Act and give the Lieutenant Governor in Council the power to make regulations designating enterprises and activities, and proposals, plans and programs in respect of enterprises and activities, as projects to which the Act applies. Environmental assessments will only be required for projects that are designated. The projects could be designated as

Part II.3 projects or

Part II.4 projects.

The amendments repeal Parts II and II.1 of the Act and replace them with Parts II.3 and II.4. Currently,

Part II of the Act requires persons to obtain the approval of the Minister or of the Tribunal before proceeding with an undertaking. The Part outlines the environmental assessment process that the person must complete in order to obtain the approval. The new

Part II.3 continues the requirements and environmental assessment process that applied to undertakings under

Part II so that they apply, with some modifications, to

Part II.3 projects. An undertaking that was approved by the Minister under

Part II is deemed to be a

Part II.3 project when that

Part comes into force.

The existing

Part II.1 allows a person to obtain the approval of the Minister or the Tribunal for a class environmental assessment in respect of a class of undertakings. The proponents of undertakings under an approved class environmental assessment are entitled to follow an environmental assessment process described in the approval that is less onerous than the

Part II process. As of the day the Bill receives Royal Assent, no further class environmental assessments will be approved. When

Part II.4 is eventually proclaimed into force, it will replace the approved class environmental assessments under

Part II.1 with a streamlined environmental assessment process that will be set out in the regulations. The streamlined environmental assessments will apply to projects that are designated as

Part II.4 projects. The 10 approved class environmental assessments that currently exist shall continue to apply to undertakings in each class until all 10 are revoked and replaced, where appropriate, by regulations designating

Part II.4 projects and setting out the prescribed requirements, including the streamlined environmental assessment, for those projects.

Section 16 of

Part II.1 currently allows the Minister to make orders with respect to undertakings under an approved class environmental assessment to require the proponents of such undertakings to comply with the environmental assessment process in

Part II instead of following the approved class environmental assessment. The Minister may also, by order, impose conditions on such undertakings. The amendments limit the Minister’s authority to make orders on the Minister’s own initiative to a time period determined in accordance with new

section 16.1. This new time limit will take effect when the Bill receives Royal Assent.

When

Part II.4 comes into force, new

section 17.31 will give the Minister the power to make orders with respect to

Part II.4 projects that are similar to orders made under

section 16 with respect to undertakings in approved class environmental assessments. Under

section 17.31, the Minister may make an order declaring

Part II.4 projects to be

Part II.3 projects and thus requiring proponents of

Part II.4 projects to comply with the environmental assessment process in

Part II.3 instead of the streamlined environmental assessment set out in the regulations. The Minister will also have the ability to make orders imposing requirements on

Part II.4 projects. The Minister’s power to make orders under

section 17.31 on his or her own initiative will be subject to time limits set out in the regulations.

Other important amendments to the Environmental Assessment Act include the following:

1. New

section 2.1 is a non-derogation provision to preserve existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in

section 35 of the Constitution Act, 1982 .

2. New

section 6.0.1 in

Part II requires a proponent of an undertaking to establish a landfilling site to obtain municipal support for the undertaking in accordance with that section. An equivalent

section is included in

Part II.3 with respect to projects to establish landfilling sites.

Section 9 is amended to allow the Minister to include in the approval of an undertaking a process governing changes that may be made to the undertaking after the approval is given. These amendments are reflected in

Part II.3 with respect to the approval of

Part II.3 projects.

4. New

section 11.5 in

Part II provides a 10-year expiry date for approvals that were given before the

section comes into force if they did not specify an expiry date. The Minister is given the power to exempt undertakings from this

section by regulation. An equivalent

section is included in

Part II.3 with respect to

Part II.3 projects.

Part II.2, which currently deals with undertakings to dispose of waste proposed or carried out by municipalities, is repealed.

6. Many amendments to various provisions throughout the Act are required to transition from environmental assessments of undertakings under Parts II and II.1 to environmental assessments of designated projects under Parts II.3 and II.4. A new

Part V.1 is enacted to provide for various transitional matters. It includes new regulation-making powers in respect of transitional matters.

7. The regulation-making powers under

Part VI are amended. New regulation-making powers governing

Part II.4 projects are included.

The

Schedule includes consequential amendments to several other Acts.

sCHEDULE 7

Farm Registration and Farm Organizations Funding Act, 1993

The Farm Registration and Farm Organizations Funding Act, 1993 is amended. The amendments relate to the following matters:

1. The process by which a person who has been denied a farming business registration number may appeal to the Agriculture, Food and Rural Affairs Appeal Tribunal.

2. The eligibility of a francophone organization to continue to receive special funding under the Act.

3. The power to make regulations governing how documents are to be given or served under the Act.

sCHEDULE 8

Justices of the Peace Act

The

Schedule amends the Justices of the Peace Act . The major elements are set out below.

The Act is amended with respect to the composition and functions of the Justices of the Peace Appointments Advisory Committee. The qualifications that are currently in

section 2.1 of the Act are moved to

section 2 of the Act. The composition of the Committee is changed to have three core members and fewer regional members. Certain records and other information collected, prepared, maintained or used by the Committee are to be kept in confidence. The amendment to

section 2 of the Act requires the Attorney General to keep information in relation to the appointment or consideration of an individual as a justice of the peace confidential. The Committee is required to include statistics about the sex, gender, race and other characteristics of all candidates who volunteer that information in its annual report.

The functions of the Committee are amended. The Committee shall continue to classify all candidates for a justice of the peace position, although the wording of the classification has changed to “Not Recommended”, “Recommended” and “Highly Recommended”. The Committee submits a list of all candidates and their classifications to the Attorney General. The Attorney General may only recommend a candidate who has been classified as “Recommended” or “Highly Recommended” to fill a justice of the peace position.

The Attorney General may reject the Committee’s recommendations and require that a new list be prepared.

The Attorney General may recommend criteria to be included in the criteria the Committee establishes for the advertising, review and evaluation process.

New

section 2.3 deals with transition issues. It authorizes the Attorney General to terminate the appointment of members of the Committee for the purpose of transitioning the Committee’s composition to the new composition specified in the re-enacted

section 2.1. It limits compensation and damages and bars certain causes of action and proceedings.

sCHEDULE 9

MARRIAGE ACT

Currently, the Marriage Act provides that a marriage licence is valid for three months. The

Schedule amends the Act to provide that if the three-month validity period includes a period in which there is an emergency declared throughout Ontario, the licence remains valid throughout the period of emergency and until 24 months after the emergency ends, if particular conditions are met.

sCHEDULE 10

Ministry of Municipal Affairs and Housing Act

The

Schedule adds

section 12 to the Ministry of Municipal Affairs and Housing Act .

Section 12 establishes the Provincial Land and Development Facilitator.

Section 12 also sets out the functions of the Facilitator. The Facilitator shall, at the direction of the Minister, advise and make recommendations to the Minister in respect of growth, land use and other matters, including Provincial interests. The Facilitator shall perform such other functions as the Minister may specify.

sCHEDULE 11

Modernizing Ontario for People and Businesses Act, 2020

The

Schedule enacts the Modernizing Ontario for People and Businesses Act, 2020 and repeals the Burden Reduction Reporting Act, 2014 and the Reducing Regulatory Costs for Business Act, 2017 . The new Act enacts many of the provisions currently in the Burden Reduction Reporting Act, 2014 and the Reducing Regulatory Costs for Business Act, 2017 . The most significant difference is that the requirements under the Reducing Regulatory Costs for Business Act, 2017 relating to regulations would also apply to draft bills under the new Act.

The Act provides various measures in the interest of reducing regulatory costs for business.

When certain instruments governed by the Act are made or approved and have the effect of creating or increasing administrative costs to business, an offset must be made within a prescribed time.

An analysis that assesses the potential impact of what is proposed must be conducted where instruments governed by the Act are made or approved, and the analysis must be published.

When developing instruments governed by the Act, every minister shall have regard to various principles such as adopting recognized standards; applying less onerous requirements on small businesses; providing digital services to stakeholders and reducing unnecessary reporting.

Businesses required to provide documents to ministries as a result of an instrument will have the option to transmit those documents electronically.

Businesses that demonstrate excellent compliance with regulatory requirements are to be recognized by the Government.

The Minister is required to publish an annual report with respect to actions taken by the Government of Ontario to reduce burdens.

sCHEDULE 12

Municipal Act, 2001

The

Schedule amends several provisions of the Municipal Act, 2001 to allow the procedure by-law to provide for electronic participation in meetings and to provide for proxy voting.

sCHEDULE 13

Occupational Health and Safety Act

Currently, subsection 70 (2) of the Occupational Health and Safety Act includes the authority to make regulations that adopt by reference certain codes, standards, criteria and guides. An amendment is made to provide that the power to adopt codes, standards, criteria and guides includes the power to adopt them as they may be amended from time to time.

SCHEDULE 14

Ontario Educational Communications Authority Act

The

Schedule amends the Ontario Educational Communications Authority Act to provide that its objects include supporting the establishment, administration and coordination of distance education programs by or with prescribed persons or entities and discharging any prescribed duties. Related regulation-making powers are added.

SCHEDULE 15

Ontario French-language Educational Communications Authority Act, 2008

The

Schedule amends the Ontario French-language Educational Communications Authority Act, 2008 to provide that its objects include supporting the establishment, administration and coordination of distance education programs by or with prescribed persons or entities and discharging any prescribed duties. Related regulation-making powers are added.

SCHEDULE 16

Payday Loans Act, 2008

The

Schedule amends the Payday Loans Act, 2008 to add

section 32.1.

Section 32.1 sets a maximum interest rate of 2.5 per cent per month (not to be compounded) on the outstanding principal under a payday loan agreement if the advance under the agreement is $1,500 or less and the term of the agreement is 62 days or less. The amount of the advance and the term of the agreement required for

section 32.1 to apply can be changed by regulation, as can the maximum interest rate that may be charged.

Section 33 of the Act is also amended so that, unless the regulations provide otherwise, a fee no greater than $25 may be charged for a dishonoured cheque, pre-authorized debit or other instrument of payment. A lender cannot impose such a fee more than once with respect to each payday loan agreement.

The

Schedule also adds subsection 44 (1.1) to the Act, which provides that a payment referred to in subsection 44 (1) includes interest or a default charge received by a licensee from a borrower to which the licensee is not entitled under the Act or that the borrower is not liable to pay under the Act.

sCHEDULE 17

Planning Act

The

Schedule amends the Planning Act .

Amendments related to community benefits charges

Amendments in the

Schedule repeal and replace certain amendments made by the More Homes, More Choice Act, 2019 and the Plan to Build Ontario Together Act, 2019 that are not yet in force. Elements of those amendments are retained, other elements are changed and new elements are added.

Sections 37 and 37.1 of the Act are replaced. The re-enacted

section 37 permits the council of a local municipality to impose community benefits charges against land to pay for the capital costs of facilities, services and matters required because of development or redevelopment in the area to which the by-law applies. Subsection 37 (4) provides that a community benefits charge may not be imposed with respect to development or redevelopment of fewer than 10 residential units or in respect of buildings or structures with fewer than five storeys.

Subsection 37 (5) sets out the relationship between community benefits charges and the development charges that can be imposed by by-law under the Development Charges Act, 1997 and those that can be funded from the special account used for the acquisition of land to be used for park or other public recreational purposes.

Other provisions in the re-enacted

section 37 continue to set out various procedural matters related to the making of a community benefits charge by-law, the process for appealing the by-law to the Local Planning Appeal Tribunal and the resolution of disputes in cases where the landowner is of the view that the charge exceeds the maximum allowable charge.

Transitional matters continue to be provided for, both in the re-enacted

section 37 and in the re-enacted

section 37.1.

Section 42 of the Act is amended with respect to the alternative parkland rate that can be imposed by by-law. The amendments set out various procedural matters related to the passing of a by-law with respect to the alternative parkland rate and the process for appealing the by-law to the Local Planning Appeal Tribunal. Limitations are imposed with respect to the powers of the Local Planning Appeal Tribunal on an appeal of a by-law under

section 42. Rules are included with respect to refunds after a successful appeal.

Amendments related to Minister’s zoning orders

Currently, under

section 47 of the Planning Act , the Minister may make orders exercising zoning powers. The

Schedule amends

section 47 of the Act to give the Minister enhanced order-making powers relating to specified land. “Specified land” is defined as land other than land in the Greenbelt Area within the meaning of the Greenbelt Act, 2005 (which includes areas covered by the Oak Ridges Moraine Conservation Plan, areas covered by the Niagara Escarpment Plan and areas described in the regulations made under the Greenbelt Act, 2005 ).

The enhanced order-making powers include powers in relation to site plan control and inclusionary zoning. Among other things, this provides the Minister with the ability to require the inclusion of affordable housing units in the development or redevelopment of specified lands, buildings or structures.

Also, among other things, a Minister’s order relating to specified land may require that the owner of the specified land enter into an agreement with the relevant municipality respecting specified matters related to development on the land and conditions required for the approval of plans and drawings in a site plan control area. The amendments provide that the Minister may give direction to the parties concerning the agreement. An agreement is of no effect to the extent that it does not comply with the Minister’s direction, whether the Minister’s direction is given before or after the agreement has been entered into.

SCHEDULE 18

Provincial Offences Act

The

Schedule makes various amendments, including the following amendments, to the Provincial Offences Act .

Under

section 5 of the Act, a notice of intention to appear that is included in an offence notice is in some cases required to be filed in person. The

section is amended in the first instance to permit notices of intention to appear to be given by mail or in another manner. Subsequent amendments to the

section remove reference to a requirement to file a notice of intention to appear in person.

Section 5.1 of the Act is amended so that if an offence notice indicates that an option of a meeting with the prosecutor to discuss the resolution of the offence is available, the meeting may be held by electronic method under

section 83.1 of the Act. In particular, the amendments remove a precondition to a meeting by electronic method that either the defendant or the prosecutor be unable to attend the meeting because of remoteness. Complementary amendments are made to

section 11 of the Act.

Section 17.1 of the Act applies if a parking infraction notice requires a notice of intention to appear to be filed in person. Amendments are made to the

section to permit the filing requirement to be met without personal attendance. Similarly,

section 18.1.1 of the Act applies if a notice of impending conviction requires a notice of intention to appear to be filed in person, and amendments are made to that

section to permit the filing requirement to be met without personal attendance.

Section 26 of the Act is amended to permit the Lieutenant Governor in Council to make regulations specifying additional methods by which a summons may be served by a provincial offences officer.

Section 45 of the Act is amended to add additional criteria to be met before a court can accept a plea of guilty from a defendant who is making the plea by electronic method under

section 83.1 of the Act.

Section 83.1 of the Act is re-enacted in order to expand the circumstances in which a person may participate in a proceeding under the Act, or in a step in a proceeding, by electronic method, as defined in that section.

Section 158.1 of the Act is amended to replace telewarrants — an information given by a means of telecommunication that produces a writing — with electronic warrants, to reflect other electronic communication technologies.

Finally, the French versions of various provisions of the Act are amended to update terminology and correct errors.

SCHEDULE 19

Public Transportation and Highway Improvement Act

The

Schedule eliminates hearings of necessity for expropriations of property under the Act and provides that the Minister may establish a process for receiving comments from property owners about such expropriations.

SCHEDULE 20

Transit-Oriented Communities Act, 2020

The

Schedule enacts a new Transit-Oriented Communities Act, 2020 , which also amends the Ministry of Infrastructure Act, 2011 .

Transit-Oriented Communities Act, 2020

The Transit-Oriented Communities Act, 2020 permits the Lieutenant Governor in Council to designate land as transit-oriented community land if specified conditions apply. The Act defines “transit-oriented community project” for the purpose.

The Act provides that if land, any part of which is transit-oriented community land, is expropriated in specified circumstances, a related hearings process under the Expropriations Act does not apply in relation to the expropriation. The Act permits the establishment of a process for receiving and considering comments from property owners respecting a proposed expropriation of such land.

Ministry of Infrastructure Act, 2011

The Ministry of Infrastructure Act, 2011 is amended to permit the Minister to make investments supporting or developing transit-oriented community projects related to priority transit projects.

Bill 197 2020

An Act to amend various statutes in response to COVID-19 and to enact, amend and repeal various statutes

CONTENTS

Contents of this Act

Commencement

Short title

Schedule 1

Building Code Act, 1992

Schedule 2

City of Toronto Act, 2006

Schedule 3

Development Charges Act, 1997

Schedule 4

Drainage Act

Schedule 5

Education Act

Schedule 6

Environmental Assessment Act

Schedule 7

Farm Registration and Farm Organizations Funding Act, 1993

Schedule 8

Justices of the Peace Act

Schedule 9

Marriage Act

Schedule 10

Ministry of Municipal Affairs and Housing Act

Schedule 11

Modernizing Ontario for People and Businesses Act, 2020

Schedule 12

Municipal Act, 2001

Schedule 13

Occupational Health and Safety Act

Schedule 14

Ontario Educational Communications Authority Act

Schedule 15

Ontario French-language Educational Communications Authority Act, 2008

Schedule 16

Payday Loans Act, 2008

Schedule 17

Planning Act

Schedule 18

Provincial Offences Act

Schedule 19

Public Transportation and Highway Improvement Act

Schedule 20

Transit-oriented Communities Act, 2020

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The

short title of this Act is the COVID-19 Economic Recovery Act, 2020 .

schedule 1

building code act, 1992

1 The French version of subsection 4.1 (3) of the Building Code Act, 1992 is amended by striking out “assortir celle-ci” and substituting “assortir la delegation”.

2 Subsection 7 (1) of the Act is amended by striking out “Lieutenant Governor in Council” in the portion before clause (

a) and substituting “Minister”.

(1) Section 34 of the Act is amended by adding the following subsection:

Regulations

(0.1) The Minister may make such regulations as are desirable governing standards for the construction and demolition of buildings.

(2) Subsection 34 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Same

(1) Without limiting the generality of subsection (0.1), the Minister may make regulations,

. . . . .

(3) Paragraph 9 of subsection 34 (1) of the Act is repealed.

(4) Section 34 of the Act is amended by adding the following subsection:

Adoption by reference

(1.1) The Minister may make regulations adopting by reference any of the following documents, in whole or in part, with such changes as the Minister considers necessary, and requiring compliance with any provision of a document so adopted:

1. The National Building Code of Canada 2015, the National Plumbing Code of Canada 2015, the National Energy Code of Canada for Buildings 2017, the National Farm Building Code of Canada 1995 or any subsequent versions of those codes.

2. A code, formula, standard, guideline, protocol or procedure that requires any part of the construction of a building to be designed by an architect or a professional engineer or a combination of both.

3. Any other code, formula, standard, guideline, protocol or procedure.

(5) Subsections 34 (2) to (2.3) of the Act are amended by striking out “Lieutenant Governor in Council” wherever it appears and substituting in each case “Minister”.

(6) Clause 34 (2) (

a) of the Act is amended by striking out “subsection (1)” and substituting “subsections (0.1) and (1)”.

Commencement

4 This

Schedule comes into force on the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent.

schedule 2

city of toronto act, 2006

1 (1) Subsection 189 (4) of the City of Toronto Act, 2006 is repealed and the following substituted:

Electronic participation

(4) The applicable procedure by-law may provide that a member of city council, of a local board of the City or of a committee of either of them, can participate electronically in a meeting to the extent and in the manner set out in the by-law.

(2) Subsection 189 (4.1) of the Act is repealed.

(3) Subsection 189 (4.2) of the Act is repealed and the following substituted:

Same

(4.2) The applicable procedure by-law may provide that,

(

a) a member of city council, of a local board of the City or of a committee of either of them who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time; and

(

b) a member of city council, of a local board of the City or of a committee of either of them can participate electronically in a meeting that is open or closed to the public.

(4) Subsection 189 (4.3) of the Act is repealed and the following substituted:

Same, procedure by-law

(4.3) The city council or a local board of the City may hold a special meeting to amend an applicable procedure by-law for the purposes of subsection (4.2).

(4.3.1) A member participating electronically in such a special meeting described in subsection (4.3) may be counted in determining whether or not a quorum of members is present at any time during the meeting.

2 The Act is amended by adding the following section:

Proxy votes

194.1 ( 1) The procedure by-law passed under

section 189 may provide that, in accordance with a process to be established by the clerk, a member of city council may appoint another member of city council as a proxy to act in their place when they are absent .

Rules re proxy votes

(2) The following rules apply with respect to the appointment of another member of city council to act as a proxy under subsection (1):

1. A member shall not act as a proxy for more than one member of city council at any one time.

2. The member appointing the proxy shall notify the clerk of the appointment in accordance with the process established by the clerk.

3. For the purpose of determining whether or not a quorum of members is present at any point in time, a proxyholder shall be counted as one member and shall not be counted as both the appointing member and the proxyholder.

4. A proxy shall be revoked if the appointing member or the proxyholder requests that the proxy be revoked and complies with the proxy revocation process established by the clerk.

5. Where a recorded vote is requested under subsection 194 (4), the clerk shall record the name of each proxyholder, the name of the member of city council for whom the proxyholder is voting and the vote cast on behalf of that member.

6. A member who appoints a proxy for a meeting shall be considered absent from the meeting for the purposes of determining whether the office of the member is vacant under clause 204 (1) (c).

Pecuniary interest

(3) A member who has a pecuniary interest described in subsection 5 (1) of the Municipal Conflict of Interest Act in a matter to be considered at a meeting shall not, if the interest is known to the member, appoint a proxy in respect of the matter.

Same, pre-meeting discovery

(4) If, after appointing a proxy, a member discovers that they have a pecuniary interest described in subsection 5(1) of the Municipal Conflict of Interest Act in a matter to be considered at a meeting that is to be attended by the proxyholder, the member shall, as soon as possible,

(

a) notify the proxyholder of the interest in the matter and indicate that the proxy will be revoked in respect of the matter; and

(

b) request that the clerk revoke the proxy with respect to the matter in accordance with the proxy revocation process established by the clerk.

Same, post-meeting discovery

(5) For greater certainty, if, after appointing a proxy, a member discovers that they have a pecuniary interest described in subsection 5(1) of the Municipal Conflict of Interest Act in a matter that was considered at a meeting attended by the proxyholder, the appointing member shall comply with subsection 5 (3) of the Municipal Conflict of Interest Act with respect to the interest at the next meeting attended by the appointing member after they discover the interest.

Conflict etc., proxyholder

(6) For greater certainty, nothing in this

section authorizes a proxyholder who is disabled from participating in a meeting under the Municipal Conflict of Interest Act from participating in the meeting in the place of an appointing member.

Regulations, proxy votes

(7) The Minister may make regulations providing for any matters which, in the Minister’s opinion, are necessary or desirable for the purposes of this section.

Commencement

3 This

Schedule comes into force on the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent.

Schedule 3

Development Charges Act, 1997

1 (1) Subsection 2 (3) of the Development Charges Act, 1997 is repealed and the following substituted:

Same

(3) An action mentioned in clauses (2) (

a) to (

g) does not satisfy the requirements of subsection (2) if the only effect of the action is to,

(

a) permit the enlargement of an existing dwelling unit; or

(

b) permit the creation of additional dwelling units as prescribed, subject to the prescribed restrictions, in prescribed classes of existing residential buildings or prescribed structures ancillary to existing residential buildings.

Exemption for second dwelling units in new residential buildings

(3.1) The creation of a second dwelling unit in prescribed classes of proposed new residential buildings, including structures ancillary to dwellings, is, subject to the prescribed restrictions, exempt from development charges.

(2) Subsection 2 (4) of the Act is repealed and the following substituted:

What services can be charged for

(4) A development charge by-law may impose development charges to pay for increased capital costs required because of increased needs for the following services only:

1. Water supply services, including distribution and treatment services.

2. Waste water services, including sewers and treatment services.

3. Storm water drainage and control services.

4. Services related to a highway as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006 , as the case may be.

5. Electrical power services.

6. Toronto-York subway extension, as defined in subsection 5.1 (1).

7. Transit services other than the Toronto-York subway extension.

8. Waste diversion services.

9. Policing services.

10. Fire protection services.

11. Ambulance services.

12. Services provided by a board within the meaning of the Public Libraries Act .

13. Services related to long-term care.

14. Parks and recreation services, but not the acquisition of land for parks.

15. Services related to public health.

16. Child care and early years programs and services within the meaning of

Part VI of the Child Care and Early Years Act, 2014 and any related services.

17. Housing services.

18. Services related to proceedings under the Provincial Offences Act , including by-law enforcement services and municipally administered court services.

19. Services related to emergency preparedness.

20. Services related to airports, but only in the Regional Municipality of Waterloo.

21. Additional services as prescribed.

Development charge — relationship to community benefits charge

(4.1) For greater certainty, nothing in this Act prevents a community benefits charge under

section 37 of the Planning Act from being imposed with respect to the services listed in subsection (4), provided that the capital costs that are intended to be funded by the community benefits charge are not capital costs that are intended to be funded under a development charge by-law.

2 Subparagraph 4 iii of subsection 5 (3) of the Act is amended by striking out “library board as defined in the Public Libraries Act ” and substituting “board within the meaning of the Public Libraries Act ”.

Section 7 of the Act is repealed and the following substituted:

Class of services

(1) A development charge by-law may provide for any service listed in subsection 2 (4) or the capital costs listed in subsection 5 (3) in respect of those services to be included in a class set out in the by-law.

Composition of class

(2) A class may be composed of any number or combination of services and may include parts or portions of the services listed in subsection 2 (4) or parts or portions of the capital costs listed in subsection 5 (3) in respect of those services.

Studies

(3) For greater certainty, a development charge by-law may provide for a class consisting of studies in respect of any service listed in subsection 2 (4) whose capital costs are described in paragraphs 5 and 6 of subsection 5 (3).

Effect of class

(4) A class of service set out in a development charge by-law is deemed to be a single service for the purposes of this Act in relation to reserve funds, the use of money from reserve funds and credits.

Section 9.1 of the Act is repealed and the following substituted:

Same, transitional matters

9.1

(1) In this section,

“specified date” means the day that is two years after the day subsection 1 (2) of

Schedule 3 to the COVID-19 Economic Recovery Act, 2020 comes into force.

By-law — expiry before specified date

(2) Despite subsections 2 (4) and 9 (1), a development charge by-law that would expire on or after May 2, 2019 and before the specified date remains in force as it relates to any service other than the services described in paragraphs 1 to 10 of subsection 2 (4) until the earliest of,

(

a) the day it is repealed;

(

b) the day the municipality passes a community benefits charge by-law under subsection 37 (2) of the Planning Act ; and

(

c) the specified date.

By-law — expiry on or after specified date

(3) If a development charge by-law would expire on or after the specified date, the following rules apply in respect of the by-law as it relates to any service other than the services described in paragraphs 1 to 20 of subsection 2 (4):

1. Despite subsection 2 (4), the by-law continues to apply, even as it relates to the service, until the earliest of the days described in paragraph 2.

2. The days referred to in paragraph 1 are the following:

i. The day the by-law is repealed.

ii. In the case of a development charge by-law of a local municipality, the earlier of,

A. the day the municipality passes a community benefits charge by-law under subsection 37 (2) of the Planning Act ; or

B. the specified date.

iii. In the case of a development charge by-law of an upper-tier municipality, the specified date.

3. The by-law is deemed to have expired, as it relates to the service, on the earliest of the dates mentioned in paragraph 2.

Services prescribed under para. 21 of subs. 2 (4)

(4) Subsection (3) does not apply in respect of the by-law as it relates to a service that is prescribed for the purposes of paragraph 21 of subsection 2 (4) if the service is prescribed before the day referred to in subparagraph 2 ii or iii of subsection (3), as the case may be.

5 Subsection 9.2 (3) of the Act is amended by striking out “9.1 (1) or (2)” and substituting “9.1 (2)”.

Section 26.2 of the Act is amended by adding the following subsections:

Transition, eligible services

(6.1) Beginning on the day described in subsection (6.2), the total amount of a municipality’s development charge for the purposes of subsection (1) shall not include the amount of a development charge in respect of a service unless the service is listed in subsection 2 (4).

Same

(6.2) The day referred to in subsection (6.1) is,

(

a) in the case of a local municipality, the earlier of,

(

i) the day the municipality passes a community benefits charge by-law under subsection 37 (2) of the Planning Act , and

(ii) the specified date for the purposes of

section 9.1; and

(

b) in the case of an upper-tier municipality, the specified date for the purposes of

section 9.1.

9 The Act is amended by adding the following section:

Reserve funds — transition, upper-tier municipalities

33.1

(1) This

section applies with respect to a reserve fund established by an upper-tier municipality in accordance with

section 33 before the day subsection 1 (2) of

Schedule 3 to the COVID-19 Economic Recovery Act, 2020 comes into force for any services other than those described in paragraphs 1 to 20 of subsection 2 (4).

Non-application, reserve fund re services prescribed under para. 21 of subs. 2 (4)

(2) Despite subsection (1), this

section does not apply with respect to a reserve fund established for a service that is prescribed for the purposes of paragraph 21 of subsection 2 (4) if the service is prescribed before the specified date for the purposes of

section 9.1.

Deemed general capital reserve

(3) The following rules apply with respect to a reserve fund to which this

section applies:

1. On the specified date for the purposes of

section 9.1, the reserve fund is deemed to be a general capital reserve fund for the same purposes for which the money in the reserve fund was collected.

2. Despite paragraph 1, subsection 417 (4) of the Municipal Act, 2001 and any equivalent provision of, or made under, the City of Toronto Act, 2006 do not apply with respect to the general capital reserve fund referred to in paragraph 1.

10 Clause 60 (1) (

c) of the Act is repealed and the following substituted:

(

c) clarifying or defining terms used in subsection 2 (4) that are not already defined in or under this Act;

(c.1) prescribing services for the purposes of paragraph 21 of subsection 2 (4);

(c.2) governing transitional matters arising from additional services being prescribed under clause (c.1);

Section 60.1 of the Act is amended by adding the following clauses:

(

c) setting out transitional rules dealing with matters not specifically dealt with in the amendments to this Act made by

Schedule 3 to the COVID-19 Economic Recovery Act, 2020 ;

(

d) clarifying the transitional rules set out in the amendments to this Act made by

Schedule 3 to the COVID-19 Economic Recovery Act, 2020 .

Amendments to Other Act

More Homes, More Choice Act, 2019

Section 2, subsection 3 (3),

section 4 and subsections 5 (2) and (3), 8 (2) and 13 (3) of

Schedule 3 to the More Homes, More Choice Act, 2019 are repealed.

Commencement

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent.

(2) Sections 1 to 11 come into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 4

Drainage Act

(1) The definition of “Minister” in

section 1 of the Drainage Act is repealed and the following substituted:

“Minister” means the Minister of Agriculture, Food and Rural Affairs or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act ; (“ministre”)

(2) Section 1 of the Act is amended by adding the following

definitions:

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

2 Clause 5 (1) (

b) of the Act is repealed and the following substituted:

(

b) if it decides to proceed with the drainage works, send notice of the petition and of its decision to the prescribed persons.

3 Subsection 6 (1) of the Act is repealed and the following substituted:

Notice that environmental appraisal is required

(1) A person who is prescribed by the regulations and who has received notice of the petition under clause 5 (1) (

b) may, within 30 days after receiving the notice, send to the council of the initiating municipality a notice that an environmental appraisal of the effects of the drainage works on the area is required.

Cost

(1.1) The cost of an environmental appraisal required under subsection (1) shall be paid by the person who sends the notice requiring it.

4 Clause 8 (1) (

e) of the Act is amended by adding “prescribed or” before “provided”.

5 (1) Subsection 10 (2) of the Act is repealed and the following substituted:

Consideration of report

(2) Upon the filing of the preliminary report, the council of the initiating municipality shall cause the clerk to send the prescribed persons a copy of the preliminary report and a notice of the date of the council meeting at which the preliminary report will be considered.

(2) Subsection 10 (7) of the Act is amended by striking out “clause (2) (a), (

b) or (c)” and substituting “subsection (2)”.

(3) Subsection 10 (8) of the Act is repealed and the following substituted:

Referral to Tribunal

(8) The following persons may refer the environmental appraisal to the Tribunal:

1. If lands used for agricultural purposes are included in the area to be drained, the Minister.

2. In any other case, the prescribed persons.

6 Subsection 41 (1) of the Act is repealed and the following substituted:

Notice of drainage works

(1) Upon the filing of the engineer’s report, the council of the initiating municipality, if it intends to proceed with the drainage works, shall, within 30 days after the filing of the report, cause the clerk of the initiating municipality to send the prescribed persons a copy of the report and a notice stating,

(

a) the date on which the report was filed;

(

b) the name or other designation of the drainage works; and

(

c) the date of the council meeting at which the report will be considered.

7 Subsection 58 (4) of the Act is repealed.

Section 77 of the Act is repealed.

9 (1) Subsection 78 (1) of the Act is amended by striking out “projects listed in subsection (1.1)” and substituting “major improvement projects listed in subsection (1.1)”.

(2) Subsection 78 (1.1) of the Act is amended by striking out “projects” in the portion before paragraph 1 and substituting “major improvement projects”.

(3) Paragraph 5 of subsection 78 (1.1) of the Act is repealed and the following substituted:

5. Extending the drainage works to an outlet.

5.1 Improving or altering the drainage works if the drainage works is located on more than one property.

(4) Subsection 78 (1.1) of the Act is amended by adding the following paragraph:

8. Any other activity to improve the drainage works, other than an activity prescribed by the Minister as a minor improvement.

(5) Subsection 78 (2) of the Act is repealed and the following substituted:

Notice

(2) An engineer shall not be appointed under subsection (1) until 30 days after a notice has been sent to the following persons advising them of the municipality’s intent to undertake the major improvement project:

1. The secretary-treasurer of each conservation authority that has jurisdiction over any lands that would be affected by the project.

2. The prescribed persons.

(6) Section 78 of the Act is amended by adding the following subsection:

Minor improvements to drainage works

(5) Despite subsections (2) to (4), the Minister may prescribe the process for approving minor improvements to a drainage works mentioned in paragraph 8 of subsection (1.1).

10 The Act is amended by adding the following section:

Amendments to Engineer’s Report

Amendments to engineer’s report

84.1

(1) This

section applies with respect to engineer’s reports that are prepared for the purpose of a petition under

section 4 or for the purpose of

section 78 and that are adopted by a municipal by-law.

Approval process

(2) The Minister may, by regulation, set out the process by which the engineer’s report may be amended and the process by which those amendments are to be approved.

Section 105 of the Act is amended by striking out “constables”.

(1) Section 125 of the Act is amended by adding the following clause:

(

c) prescribing any matter this Act describes as being prescribed or dealt with in the regulations.

(2) Section 125 of the Act is amended by adding the following subsections:

Adoption of guidelines, etc.

(2) A regulation may adopt by reference, in whole or in part, with the changes that the Minister considers necessary, any guideline, protocol or procedure, including a guideline, protocol or procedure established by the Minister, and may require compliance with any guideline, protocol or procedure so adopted.

Amendments to guidelines, etc.

(3) The power to adopt by reference and require compliance with a guideline, protocol or procedure in subsection (2) includes the power to adopt a guideline, protocol or procedure as it may be amended from time to time.

When effective

(4) The adoption of an amendment to a guideline, protocol or procedure that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993 .

Commencement

13 This

Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 5

Education Act

1 Paragraph 26 of subsection 11 (1) of the Education Act is repealed and the following substituted:

powers and duties of teachers, etc.

26. prescribing the powers, duties and qualifications, and governing the appointment of teachers, designated early childhood educators, supervisors, supervisory officers, heads of departments, principals, superintendents, residence counsellors, school attendance counsellors and other officials;

powers and duties of directors of education

26.0.1 prescribing the powers and duties and governing the appointment of directors of education;

Section 13 of the Act is amended by adding the following subsection:

Exception, COVID-19

(5.0.1) Despite subsection (5), for the 2020-2021 school year, the Minister may, in response to the outbreak of the coronavirus (COVID-19), operate one or more demonstration schools for exceptional pupils described in that subsection in either a residential or non-residential setting.

(1) Paragraph 3 of subsection 185 (1) of the Act is amended by striking out “or” at the end of subparagraph ii, by adding “or” at the end of subparagraph iii and by adding the following subparagraph:

iv. a person who is prescribed for the purpose of giving written notice in respect of a pupil or person.

(2) Subsection 185 (10) of the Act is amended by adding the following clauses:

(c.1) prescribing persons for the purposes of subparagraph 3 iv of subsection (1) who may provide written notice in respect of a pupil or person and governing the conditions under which notice may be provided by such a person;

(c.2) authorizing personal information within the meaning of

section 28 of the Municipal Freedom of Information and Protection of Privacy Act to be collected by boards, for the purpose of administering and implementing this section, in a manner other than directly from the individual to whom the information relates and regulating the manner in which the information is collected;

(1) Paragraph 2 of subsection 188 (1) of the Act is amended by striking out “or” at the end of subparagraph ii, by adding “or” at the end of subparagraph iii and by adding the following subparagraph:

iv. a person who is prescribed for the purpose of giving written notice in respect of a pupil.

(2) Subsection 188 (1.11) of the Act is amended by adding the following clauses:

(a.1) prescribing persons for the purposes of subparagraph 2 iv of subsection (1) who may provide written notice in respect of a pupil and governing the conditions under which notice may be provided by such a person;

(a.2) authorizing personal information within the meaning of

section 28 of the Municipal Freedom of Information and Protection of Privacy Act to be collected by boards, for the purpose of administering and implementing this section, in a manner other than directly from the individual to whom the information relates and regulating the manner in which the information is collected;

5 The heading to

Part XI of the Act is repealed and the following substituted:

PART XI

Directors of Education and Supervisory Officers

6 Sections 279 and 280 of the Act are repealed and the following substituted:

Qualifications of director of education

(1) If qualifications for a director of education are required by the regulations, a board shall not appoint or employ a person as a director of education unless the person holds those qualifications.

Regulations

(2) The Minister may make regulations prescribing the qualifications for directors of education.

Director of education and supervisory officers: district school boards

280 Every district school board shall, subject to the regulations, employ a director of education and such supervisory officers as it considers necessary to supervise all aspects of the programs under its jurisdiction.

Appointment of director of education: school authorities

(1) Two or more public school authorities may, with the approval of the Minister, agree to appoint a director of education to supervise all aspects of the programs under their jurisdictions.

Same

(2) Two or more Roman Catholic school authorities may, with the approval of the Minister, agree to appoint a director of education to supervise all aspects of the programs under their jurisdictions.

Abolition of position

(3) A school authority that appoints a director of education with the approval of the Minister shall not abolish the position of director of education without the approval of the Minister.

If no director of education

(4) If a school authority does not appoint a director of education, then a supervisory officer shall act as the director of education and perform all the duties of the director of education.

7 Subsection 283 (1) of the Act is repealed.

8 Subsection 306 (1) of the Act is amended by adding “Subject to a regulation made under clause 316 (1.1) (a)” at the beginning of the portion before paragraph 1.

9 Subsection 310 (1) of the Act is amended by adding “Subject to a regulation made under clause 316 (1.1) (a)” at the beginning of the portion before paragraph 1.

(1) Section 316 of the Act is amended by adding the following subsection:

Same

(1.1) The Lieutenant Governor in Council may make regulations,

(

a) providing that pupils in specified grades in elementary school shall not be suspended under

section 306 or 310, or that such suspensions may only occur in the prescribed circumstances;

(

b) providing for transitional matters that are necessary or desirable in connection with a suspension that occurred under this Part before the day subsection 10 (1) of

Schedule 5 to the COVID-19 Economic Recovery Act, 2020 came into force.

(2) Subsection 316 (2) of the Act is amended by adding “or (1.1)” after “subsection (1)”.

(3) Subsection 316 (3) of the Act is amended by adding “or (1.1)” after “subsection (1)”.

Commencement

11 This

Schedule comes into force on the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent.

schedule 6

Environmental Assessment Act

1 (1) Subsection 1 (1) of the Environmental Assessment Act is amended by adding the following definition:

“designated project” means a

Part II.3 project or a

Part II.4 project; (“projet désigné”)

(2) The definition of “municipality” in subsection 1 (1) of the Act is amended by adding “subject to subsection 6.0.1 (2)” before “includes”.

(3) The definition of “municipality” in subsection 1 (1) of the Act, as amended by subsection (2), is amended by striking out “subsection 6.0.1 (2)” and substituting “subsection 17.5 (2)”.

(4) Subsection 1 (1) of the Act is amended by adding the following

definitions:

“Part II.3 project” means a project that has been designated by the regulations as a project to which

Part II.3 applies or that has been declared by the Minister to be a

Part II.3 project by order made under subsection 16 (1) or 17.31 (1); (“projet visé par la

partie II.3”)

“Part II.4 project” means a project that has been designated by the regulations as a project to which

Part II.4 applies and in respect of which an order has not been made under subsection 16 (1) or 17.31 (1); (“projet visé par la

partie II.4”)

“project” means one or more enterprises or activities or a proposal, plan or program in respect of an enterprise or activity; (“projet”)

(5) The definition of “Part II.3 project” in subsection 1 (1) of the Act, as enacted by subsection (4), is amended by striking out “subsection 16 (1) or 17.31 (1)” at the end and substituting “subsection 17.31 (1)”.

(6) The definition of “Part II.4 project” in subsection 1 (1) of the Act, as enacted by subsection (4), is amended by striking out “subsection 16 (1) or 17.31 (1)” at the end and substituting “subsection 17.31 (1)”.

(7) The definition of “proponent” in subsection 1 (1) of the Act is repealed and the following substituted:

“proponent” means a person who,

(

a) carries out or proposes to carry out an undertaking or a project, or

(

b) is the owner or person having charge, management or control of an undertaking or a project; (“promoteur”)

(8) The definition of “proponent” in subsection 1 (1) of the Act, as re-enacted by subsection (7), is repealed and the following substituted:

“proponent” means a person who,

(

a) carries out or proposes to carry out a project, or

(

b) is the owner or person having charge, management or control of a project; (“promoteur”)

(9) The French version of the definition of “undertaking” in subsection 1 (1) of the Act is amended,

(

a) by striking out “d’un projet” wherever it appears and substituting in each case “d’une proposition”; and

(

b) by striking out “du projet” in clause (

c) and substituting “de la proposition”.

(10) The definition of “undertaking” in subsection 1 (1) of the Act, as amended by subsection (9), is repealed.

2 The Act is amended by adding the following section:

Existing aboriginal and treaty rights

2.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in

section 35 of the Constitution Act, 1982 .

(1) The French version of

section 3 of the Act is amended by,

(

a) striking out “projets” wherever it appears in clauses (

a) and (

b) and substituting in each case “propositions”;

(

b) striking out “au projet, plan ou programme” in clause (

c) and substituting “à la proposition, au plan ou au programme”; and

(

c) striking out “du projet” in clause (

c) and substituting “de la proposition”.

(2) Section 3 of the Act, as amended by subsection (1), is repealed and the following substituted:

Designation of projects

(1) The Lieutenant Governor in Council may make regulations designating projects as projects to which

Part II.3 or II.4 apply.

Same

(2) A regulation under subsection (1) may designate a project or a class of projects. It may also describe a designated project with reference to a proponent or a class of proponents.

Same, ancillary activities

(3) A project that is designated under subsection (1) includes any enterprise or activity that is ancillary to that project.

Same, ancillary project

(4) A project that is designated as a

Part II.3 project includes any

Part II.4 project that is ancillary to the

Part II.3 project and that has the same proponent as the

Part II.3 project. The

Part II.4 project shall be deemed not to be a

Part II.4 project for the purposes of this Act.

(1) The French version of

section 3.0.1 of the Act is amended by,

(

a) striking out “à une activité ou un projet” and substituting “une activité ou une proposition”; and

(

b) striking out “au projet” and substituting “à la proposition”.

(2) Section 3.0.1 of the Act, as amended by subsection (1), is repealed and the following substituted:

Agreement for application of Act

3.0.1

(1) A person who carries out, proposes to carry out or is the owner or person having charge, management or control of a project that is not a designated project may enter into a written agreement with the Minister to have all or part of this Act and of the regulations apply to the project.

Deemed

Part II.3 or

Part II.4 projects

(2) If an agreement is entered into under subsection (1) with respect to a project and the agreement provides for

Part II.3 or

Part II.4 of this Act to apply with respect to the project, that project is deemed to be a

Part II.3 project or a

Part II.4 project, as the case may be.

Deemed

Part II.1 projects

(3) If an agreement is entered into under subsection (1) with respect to a project and the agreement provides for

Part II.1 of this Act to apply with respect to the project, that project is deemed to be an undertaking to which the approved class environmental assessment identified in the agreement applies.

Transition, previous agreements

(4) An enterprise or activity or a proposal, plan or program is deemed to be a

Part II.3 project if,

(

a) this Act applied to it by virtue of an agreement made before the day subsection 4 (2) of

Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force; and

(

b) on the day

Part II.3 comes into force, no approval had been given under

section 9 or 9.1 to proceed with the enterprise or activity or the proposal, plan or program.

(3) Subsection 3.0.1 (3) of the Act, as enacted by subsection (2), is repealed.

(1) Subsections 3.1 (2) and (3) of the Act are repealed and the following substituted:

Order to vary or dispense

(2) The Minister may by order vary or dispense with a requirement imposed under this Act with respect to the undertaking if,

(

a) both jurisdictions have agreed to harmonization or substitution of requirements in relation to the undertaking; or

(

b) there is an agreement with respect to harmonization or substitutions between the jurisdictions.

Order to impose additional requirements

(3) The Minister may by order impose requirements in addition to those imposed under this Act with respect to the undertaking if the condition set out in clause (2) (

a) or (

b) is satisfied and the additional requirements are being imposed to provide for harmonization or substitution.

Declaration of non-application

(3.1) The Minister may by order declare that this Act does not apply with respect to the undertaking and may make the order subject to such conditions as the Minister considers appropriate.

(2) The French version of subsection 3.1 (4) of the Act is amended by striking out “du projet d’arrêté” and substituting “de l’arrêté proposé”.

(3) Section 3.1 of the Act, as amended by subsections (1) and (2), is repealed and the following substituted:

Harmonization, substitution

3.1

(1) This

section applies if,

(

a) another jurisdiction imposes requirements with respect to an undertaking to which this Act applies or with respect to a designated project; and

(

b) the Minister considers the requirements imposed by the other jurisdiction to be equivalent to the requirements imposed by this Act.

Order to vary or dispense

(2) The Minister may by order vary or dispense with a requirement imposed under this Act with respect to the undertaking or designated project if,

(

a) both jurisdictions have agreed to harmonization or substitution of requirements in relation to the undertaking or project; or

(

b) there is an agreement with respect to harmonization or substitution between the jurisdictions.

Order to impose additional requirements

(3) The Minister may by order impose requirements in addition to those imposed under this Act with respect to the undertaking or designated project if the condition set out in clause (2) (

a) or (

b) is satisfied and the additional requirements are being imposed to provide for harmonization or substitution.

Declaration of non-application

(4) The Minister may by order declare that this Act does not apply with respect to the undertaking or designated project and may make the order subject to such conditions as the Minister considers appropriate.

Notice and comment

(5) When the Minister proposes to make an order under this section, the Minister shall give adequate public notice of the proposed order and shall ensure that members of the public have an opportunity to comment on it.

Reasons

(6) When making an order, the Minister shall give written reasons.

(4) Clause 3.1 (1) (

a) of the Act, as re-enacted by subsection (3), is amended by striking out “with respect to an undertaking to which this Act applies or”.

(5) Subsection 3.1 (2) of the Act, as re-enacted by subsection (3), is amended by striking out “undertaking or” wherever it appears.

(6) Subsection 3.1 (3) of the Act, as re-enacted by subsection (3), is amended by striking out “undertaking or”.

(7) Subsection 3.1 (4) of the Act, as re-enacted by subsection (3), is amended by striking out “undertaking or”.

(1) Subsection 3.2 (1) of the Act is repealed and the following substituted:

Declaration

(1) Subject to subsection (1.1), the Minister may by order, with the approval of the Lieutenant Governor in Council or of such ministers of the Crown as the Lieutenant Governor in Council may designate,

(

a) declare that this Act, the regulations, any provision of this Act or the regulations or any matter provided for under this Act does not apply with respect to an undertaking, class of undertakings, designated project, class of designated projects, person or class of persons;

(

b) suspend or revoke the declaration;

(

c) impose conditions on the declaration; or

(

d) amend or revoke conditions imposed on the declaration.

Same

(1.1) The Minister shall make an order under subsection (1) only if the Minister considers that it is in the public interest to do so having regard to the purpose of this Act and weighing it against the injury, damage or interference that might be caused to any person or property by the application of this Act to the undertaking, class of undertakings, designated project, class of designated projects, person or class of persons.

(2) Clause 3.2 (1) (

a) of the Act, as re-enacted by subsection (1), is amended by striking out “an undertaking, class of undertakings, designated project” and substituting “a designated project”.

(3) Subsection 3.2 (1.1), as enacted by subsection (1), is amended by striking out “undertaking, class of undertakings”.

Section 3.3 of the Act is repealed.

8 The Act is amended by adding the following sections before the heading to

Part II:

Non-application

4.1

Section 21.2 (power to review) of the Statutory Powers Procedure Act does not apply with respect to decisions made under this Act.

Validity of decisions

4.2 A decision of the Minister or Director under this Act is not invalid solely on the ground that the decision was not made before the applicable deadline.

Section 5 of the Act is amended by adding the following subsection:

Form, manner of application

(2.1) An application shall be submitted to the Minister in the form and manner specified by the Director.

10 The Act is amended by adding the following section:

Landfilling site, municipal support required

Definitions

6.0.1

(1) In this section,

“area of settlement” has the same meaning as in subsection 1 (1) of the Planning Act ; (“zone de peuplement”)

“landfilling site” means a waste disposal site where landfilling occurs; (“lieu d’enfouissement”)

“parcel of land” has the same meaning as in subsection 46 (1) of the Planning Act ; (“parcelle de terrain”)

“waste disposal site” has the same meaning as in

Part V of the Environmental Protection Act . (“lieu d’élimination des déchets”)

Same

(2) For the purposes of this section, the following terms have the meaning assigned to them under subsection 1 (1) of the Municipal Act, 2001 :

1. Local municipality.

2. Municipality.

Application

(3) This

section applies in respect of a proponent who wishes to proceed with an undertaking to establish a waste disposal site that,

(

a) is a landfilling site; and

(

b) is subject to this Part.

Local municipalities whose support is required

(4) A proponent mentioned in subsection (3) shall, in accordance with subsection (5), obtain municipal support for the undertaking from each local municipality,

(

a) in which the landfilling site would be situated; and

(

b) in which there is, as of the day on which the proponent gives public notice of the proposed terms of reference under subsection 6 (3.1), a parcel of land,

(

i) on which residential uses, other than residential uses that are ancillary to other uses, are authorized by the official plan of the municipality,

(ii) that is within an area of settlement, and

(iii) that is located within a 3.5 kilometre distance, or such other distance as may be prescribed, perpendicular at each point from the property boundary of the property on which the proposed landfilling site would be situated.

Evidence of support

(5) For the purposes of subsection (4), the proponent shall provide to the Ministry,

(

a) a copy of a municipal council resolution for each local municipality in respect of which municipal support is required under subsection (4), indicating the municipality supports the undertaking to establish a waste disposal site that is a landfilling site;

(

b) a well-marked and legible map showing the location of the landfilling site, the boundaries of each local municipality mentioned in clause (

a) and markings to illustrate the characteristics of a municipality under clause (4) (b); and

(

c) a description of the process used to identify the local municipalities whose support for the undertaking is required under subsection (4).

Resolution

(6) For greater certainty, a municipal council resolution described in clause (5) (

a) is not a matter that falls within the waste management sphere of jurisdiction under subsection 11 (3) of the Municipal Act, 2001 .

Evidence to be included in environmental assessment

(7) Subject to subsection (9), the information mentioned in subsection (5) shall be included in the environmental assessment submitted to the Ministry under subsection 6.2 (1).

Transition, terms of reference already submitted or approved

(8) For greater certainty, if a proponent mentioned in subsection (3) has given the Ministry proposed terms of reference under subsection 6 (1) or has received approval for a terms of reference under subsection 6 (4) before the day

section 10 of

Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, this

section applies.

Transition, environmental assessment already submitted

(9) If a proponent mentioned in subsection (3) has, before the day

section 10 of

Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, already submitted an environmental assessment in respect of the undertaking and no decision has been made in respect of the application under

section 9 or 9.1, the following rules apply:

1. Subsection (4) applies to the proponent and the information required under subsection (5) shall be submitted separately from the environmental assessment.

2. If the Ministry has not completed its review of the environmental assessment under

section 7 before the day

section 10 of

Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force,

i. the Director shall not provide notice of completion under

section 7.1 until the requirements set out in subsections (4) and (5) have been satisfied and the Director has provided the written confirmation described in subsection (10), and

ii. the deadline referred to in subsection 7 (2) does not apply to the review of the environmental assessment.

3. If the Ministry has provided a notice of completion of the review under

section 7.1 before the day

section 10 of

Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force,

i. no decision shall be made under

section 9 or 9.1 until the requirements set out in subsections (4) and (5) have been satisfied and the Director has provided the written confirmation described in subsection (10), and

ii. the deadlines referred to in subsections 10 (1) and (2) do not apply to the application.

Confirmation

(10) With respect to an environmental assessment submitted by a proponent mentioned in subsection (3), until the date the Director has confirmed in writing to the proponent that the requirements set out in subsections (4) and (5) have been satisfied with respect to the undertaking,

(

a) the environmental assessment is deemed not to have been received by the Ministry under subsection 6.2 (1); and

(

b) the proponent shall not give public notice of the submission of the environmental assessment under subsection 6.3 (1).

Exceptions

(11) This

section does not apply,

(

a) in respect of a waste disposal site that is a landfilling site established by the Minister under clause 4 (1) (

k) of the Environmental Protection Act ; or

(

b) to a proponent seeking an approval under this

Part if the approval is required pursuant to a regulation made under clause 176 (4) (

o) of the Environmental Protection Act with respect to a waste disposal site that is a landfilling site.

11 The Act is amended by adding the following section:

Information to be made available

6.5 In addition to complying with any requirements under this Act with respect to public notice, a proponent shall make available such information as the Director may require with respect to the application and the undertaking in such form and manner as the Director may require.

12 (1) Subsection 7 (3) of the Act is repealed and the following substituted:

Extension

(3) The deadline for completing the review may be extended by the Director for a prescribed reason or for an unusual, unexpected or urgent reason that the Director considers compelling. The Director shall notify such persons as he or she considers appropriate if the deadline is extended.

(2) Subsection 7 (5) of the Act is amended by adding “or such other period as the Director may specify in the statement given under subsection (4)” at the end.

(3) Subsection 7 (6) of the Act is amended by adding “or such other period as the Director may specify in the statement given under subsection (4)” at the end.

13 (1) Clause 9 (1) (

b) of the Act is amended by adding the following subclauses:

(iv.1) a process to be followed in respect of any changes to the undertaking that the proponent may wish to make after the approval is given, which process may include granting authority to the Director or Minister to,

(

A) require the proponent to engage in additional consultation, and to provide additional information, in respect of proposed changes, and

(

B) give approval, attach conditions to the approval or refuse to give approval to proceed with the changes,

(iv.2) that the process referred to in subclause (iv.1) is only available for specified changes or classes of changes to the undertaking,

(2) Section 9 of the Act is amended by adding the following subsections:

Subs. (1) (b) (iv.1), process to make changes

(1.1) A process mentioned in subclause (1) (b) (iv.1) may be set out in an approval or incorporated by reference into the approval.

Subs. (1) (b) (iv.1), application

(1.2) Subclause (1) (b) (iv.1) applies in respect of approval given under subsection (1) either before or after the day

section 13 of

Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force.

14 Subsection 10 (4) of the Act is repealed

Section 11.2 of the Act is amended by adding the following subsection:

Same

(2.1) If the Minister reviews under subsection (1) a decision of the Tribunal made under

section 9.1 and then, with the approval of the Lieutenant Governor in Council or of such ministers of the Crown as the Lieutenant Governor in Council may designate, makes an order under clause (2) (

a) or (b), the varied or substituted decision is deemed to be the decision made by the Minister, with the necessary approval, under

section 9.

(1) The French version of subsection 11.4 (3.1) of the Act is amended by striking out “des épreuves ou des expériences relatives” and substituting “des tests, des analyses ou des expériences relatifs”.

(2) Subsection 11.4 (5) of the Act is repealed.

17 The Act is amended by adding the following section:

Expiry of approval

Application of

section

11.5

(1) Subject to subsection (5), this

section applies in respect of an approval to proceed with an undertaking if,

(

a) approval has been given under this Part or a predecessor to this Part; and

(

b) the approval does not specify a period of time following the giving of the approval after which the approval expires or a date after which a proponent cannot proceed under the approval.

Expiry

(2) If the undertaking has not been substantially commenced by the 10th anniversary of the day approval to proceed with the undertaking was given under this Act or by the end of any extension to that period granted by the Minister under subsection (3), the approval expires on the later of,

(

a) the 10th anniversary or the end of the extended period, as the case may be; or

(

b) the day

section 17 of

Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force.

Extension

(3) The Minister may, by notice to the proponent, grant an extension of the period within which an undertaking is to be substantially commenced beyond the 10th anniversary of the day approval to proceed with the undertaking was given and may grant such an extension subject to any conditions specified in the notice.

Same

(4) An extension under subsection (3) may be granted at any time, including after the 10th anniversary of the approval being given has passed.

Exception, regulations

(5) The Minister may make regulations exempting undertakings from this section.

Minister may include date

(6) If an undertaking is exempted from this

section by a regulation under subsection (5), the Minister may amend the approval to proceed with that undertaking to include a date on which the approval will expire.

Section 12 of the Act is repealed and the following substituted:

Proposed change to an undertaking

12 If a proponent wishes to change an undertaking after receiving approval to proceed with it, other than a change in the undertaking that is addressed in a condition mentioned in subclause 9 (1) (b) (iv.1), the proposed change to the undertaking shall be deemed to be an undertaking for the purposes of this Act.

(1) Subsection 12.2 (4) of the Act is amended by striking out “give or approve a loan” and substituting “give a loan”.

(2) Subsection 12.2 (5) of the Act is amended by striking out “may be given or approved” and substituting “may be given”

Part II of the Act is repealed.

(1) Sections 13 to 15.1 of the Act are repealed and the following substituted:

No applications

13 On and after the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent, no application for approval of a class environmental assessment shall be submitted and any application in respect of which no approval has been given under this Part before that day shall be terminated.

Definition, change to undertaking

14 In this Part,

“change to an undertaking” means a change to an undertaking that is proposed after the undertaking is authorized to proceed under an approved class environmental assessment and is provided for in the approved class environmental assessment.

Application of

Part

15 Sections 15.1 to 17 apply in respect of undertakings to which one of the following approved class environmental assessments, as amended or renamed from time to time, applies:

1. GO Transit Class Environmental Assessment Document approved by the Lieutenant Governor in Council on December 13, 1995 under Order in Council 2316/1995.

2. Class Environmental Assessment for Provincial Transportation Facilities approved by the Lieutenant Governor in Council on October 6, 1999 under Order in Council 1653/1999.

3. Municipal Class Environmental Assessment approved by the Lieutenant Governor in Council on October 4, 2000 under Order in Council 1923/2000.

4. Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects approved by the Lieutenant Governor in Council on December 11, 2002 under Order in Council 2211/2002.

5. Class Environmental Assessment for Remedial Flood and Erosion Control Projects approved by the Lieutenant Governor in Council on June 26, 2002 under Order in Council 1381/2002.

6. Class Environmental Assessment Process for Management Board Secretariat and Ontario Realty Corporation approved by the Lieutenant Governor in Council on April 28, 2004 under Order in Council 913/2004.

7. Class Environmental Assessment for Provincial Parks and Conservation Reserves approved by the Lieutenant Governor in Council on September 23, 2004 under Order in Council 1900/2004.

8. Class Environmental Assessment for Waterpower Projects approved by the Lieutenant Governor in Council on September 24, 2008 under Order in Council 1623/2008.

9. Class Environmental Assessment for Activities of the Ministry of Northern Development and Mines under the Mining Act approved by the Lieutenant Governor in Council on December 12, 2012 under Order in Council 1952/2012.

10. Class Environmental Assessment for Minor Transmission Facilities of Hydro One approved by the Lieutenant Governor in Council on November 16, 2016 under Order in Council 1726/2016.

Director to receive certain notices

15.1

(1) The proponent of an undertaking referred to in

section 15 who issues a notice of completion or a notice of addendum under an approved class environmental assessment shall submit a copy of the notice to the Director in the manner specified by the Director.

Same, transition

(2) If a notice of completion or notice of addendum is issued under an approved class environmental assessment during the 30 days before the day subsection 21 (1) of

Schedule 6 to the COVID-19 Economic Recovery Act, 2020 came into force, the copy of the notice that is required to be submitted to the Director under subsection (1) shall be submitted no later than 5 days following the day that

section came into force.

Extension of comment period

(3) If a proponent of an undertaking referred to in

section 15 extends the comment period provided for in a notice of completion or a notice of addendum in accordance with the approved class environmental assessment, the proponent shall give the Director notice of the extension.

Prohibitions, proceeding with undertaking

15.1.1

(1) No person shall proceed with an undertaking referred to in

section 15 unless the person does so in accordance with the approved class environmental assessment and with subsections (5) to (9). The prohibitions in subsections 5 (3) and (4) do not apply with respect to such an undertaking.

Exception

(2) Despite subsection (1), a proponent of an undertaking referred to in

section 15 may apply under subsection 5 (1) to the Minister for approval to proceed with the undertaking under

Part II. Subsection (1) and subsections (5) to (9) do not apply with respect to such an undertaking and the prohibitions in subsections 5 (3) and (4) apply.

Same

(3) Subsection (2) ceases to apply if the application for approval to proceed with the undertaking under

Part II is withdrawn by the proponent.

Same

(4) Despite subsection (1), a proponent shall apply to the Minister for approval to proceed with an undertaking referred to in

section 15 in accordance with

Part II if the Minister makes an order under subsection 16 (1) requiring the proponent to comply with

Part II. Subsection (1) and subsections (5) to (9) do not apply with respect to such an undertaking and the prohibitions in subsections 5 (3) and (4) apply.

Limitation on proceeding

(5) Despite anything in an approved class environmental assessment, no person shall proceed with an undertaking referred to in

section 15 until at least 30 days, or such other number of days as may be prescribed, after the end of the comment period provided for in a notice of completion issued under the approved class environmental assessment, as that comment period may be extended in accordance with the approved class environmental assessment.

Same

(6) Despite subsection (5), if a notice of a proposed order is given to a proponent by the Director under subsection 16.1 (2), subsection (5) does not apply and no person shall proceed with the undertaking until at least 30 days, or such other number of days as may be prescribed, after the day the notice of the proposed order was given, subject to subsection (7).

Same

(7) If a notice of a proposed order includes a request for information made by the Director under subsection 16.1 (4), subsections (5) and (6) do not apply and the proponent shall not proceed with the undertaking until,

(

a) if the proponent provides all the requested information on or before the deadline specified in the notice of a proposed order and receives a notice of satisfactory response from the Director under clause 16.1 (6) (a), at least 30 days, or such other number of days as may be prescribed, after the Director gives the proponent a notice of satisfactory response under clause 16.1 (6) (a); or

(

b) if the proponent fails to provide all the requested information on or before the deadline specified in the notice of a proposed order and receives a notice of unsatisfactory response from the Director under clause 16.1 (7) (a), at least 30 days, or such other number of days as may be prescribed, that follows the comment period provided for in,

(

i) a new notice of completion that the proponent is required to issue under clause 16.1 (7) (c), or

(ii) any further notice of completion that may be required of the proponent under subsection 16.1 (9), until such time as the Director is satisfied that all the information requested in the notice of the proposed order has been provided by the proponent in the notice of completion.

Same, transition

(8) For greater certainty, the limitations in subsections (5) to (7) apply with respect to an undertaking referred to in

section 15 where the notice of completion was issued under the approved class environmental assessment during the 30 days before the day subsection 21 (1) of

Schedule 6 to the COVID-19 Economic Recovery Act, 2020 came into force and a copy of the notice is required to be submitted to the Director under subsection 15.1 (2).

Same, application for s. 16 order

(9) Despite anything in an approved class environmental assessment, if a request is made under subsection 16 (6) for the Minister to make an order under

section 16 in respect of an undertaking that is proceeding under the approved class environmental assessment, no person shall proceed with the undertaking while the Minister’s decision with respect to the request is still pending.

Change to undertaking

(10) This

section applies with necessary modifications to a change to an undertaking that has been authorized to proceed in accordance with an approved class environmental assessment and, for the purposes of the application of subsections (5) to (9) to such a change, any reference in those subsections to a notice of completion shall be deemed to be a reference to a notice of addendum issued with respect to the change to the undertaking under the approved class environmental assessment.

Activities permitted before authorization to proceed

15.1.2

(1) Before a proponent is authorized to proceed with an undertaking referred to in

section 15, a person may,

(

a) take any action in connection with the undertaking that may be necessary to comply with this Act;

(

b) acquire property or rights in property in connection with the undertaking;

(

c) prepare a feasibility study and engage in research in connection with the undertaking; or

(

d) establish a reserve fund or another financing mechanism in connection with the undertaking.

Restriction on issuing certain documents

(2) No person shall issue a document evidencing that an authorization required at law to proceed with the undertaking has been given until the proponent is authorized to proceed with the undertaking under an approved class environmental assessment.

Exception

(3) Despite subsection (2), a document described in that subsection may be issued with respect to an activity permitted by subsection (1) before the proponent is authorized to proceed with the undertaking under an approved class environmental assessment.

Restriction on provincial funding

(4) The Crown or a Crown agency shall not give a loan, grant, subsidy or guarantee with respect to the undertaking until the proponent is authorized to proceed with the undertaking under an approved class environmental assessment.

Exception

(5) Despite subsection (4), a loan, grant, subsidy or guarantee described in that subsection may be given with respect to an activity permitted by subsection (1) before the proponent is authorized to proceed with the undertaking under an approved class environmental assessment.

Prohibition following approval

(6) No person shall issue a document described in subsection (2) or give a loan, grant, subsidy or guarantee described in subsection (4) with respect to an undertaking if it would be inconsistent with the approved class environmental assessment.

Reconsideration of approval

15.1.3

(1) If there is a change in circumstances or new information concerning the approval of a class environmental assessment listed in

section 15 and if the Minister considers it appropriate to do so, he or she may reconsider the approval under this section.

Same

(2) The Minister may request the Tribunal to determine whether it is appropriate to reconsider the approval.

Same

(3) The Minister may refer the reconsideration of the approval of a class environmental assessment under this

section to the Tribunal and, in that case, the Tribunal may conduct the reconsideration instead of the Minister.

Minister may require plans, etc.

(4) For the purposes of making a decision under this section, the Minister or the Tribunal may, by order, require a person given approval in respect of a class environmental assessment to provide plans, specifications, technical reports or other information and to carry out and report on tests or experiments.

Amendment, revocation

(5) After reconsidering an approval under this section, the Minister or Tribunal may amend or revoke the approval.

Rules, etc.

(6) A decision under this

section shall be made in accordance with any rules and subject to any restrictions as may be prescribed.

(2) Subsection 15.1.1 (1) of the Act, as enacted by subsection (1), is amended by striking out “The prohibitions in subsections 5 (3) and (4) do not apply with respect to such an undertaking” at the end.

(3) Subsections 15.1.1 (2) and (3) of the Act, as enacted by subsection (1), are repealed and the following substituted:

Exception

(2) Despite subsection (1), a proponent of an undertaking referred to in

section 15 may apply under subsection 17.2 (1) to the Minister for approval to proceed with the undertaking as a

Part II.3 project. On and after the day the proponent applies under subsection 17.2 (1), the undertaking shall be deemed to be a

Part II.3 project and

Part II.3 applies in respect of it instead of this section.

Same

(3) Subsection (2) ceases to apply if the application for approval to proceed with the undertaking as a

Part II.3 project is withdrawn by the proponent.

(4) Subsection 15.1.1 (4) of the Act, as enacted by subsection (1), is repealed and the following substituted:

Same

(4) Despite subsection (1), if the Minister makes an order under subsection 16 (1) declaring an undertaking referred to in

section 15 to be a

Part II.3 project for the purposes of this Act, subsection (1) ceases to apply with respect to the project and

Part II.3 applies.

22 The Act is amended by adding the following section:

Amendment, etc. by regulation

15.1.4 The Lieutenant Governor in Council may by regulation amend or revoke an approval of a class environmental assessment or amend an approved class environmental assessment.

(1) Paragraph 1 of subsection 15.3 (3) of the Act is repealed and the following substituted:

1. Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects approved by the Lieutenant Governor in Council on December 11, 2002 under Order in Council 2211/2002.

(2) Paragraph 4 of subsection 15.3 (4) of the Act is repealed and the following substituted:

4. Category A of the Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects approved by the Lieutenant Governor in Council on December 11, 2002 under Order in Council 2211/2002.

24 The French version of subsection 15.4 (2) of the Act is amended by striking out “du projet de modification” and substituting “de la modification proposée”.

(1) Section 16 of the Act is repealed and the following substituted:

Order to comply with

Part II

(1) The Minister may by order require a proponent to comply with

Part II before proceeding with a proposed undertaking referred to in

section 15.

Same

(2) In an order under subsection (1), the Minister may do the following:

1. Set out directions with respect to the terms of reference governing the preparation of an environmental assessment for the undertaking.

2. Declare that the proponent has satisfied such requirements for the preparation of an environmental assessment as are specified in the order.

Order imposing additional conditions

(3) The Minister may by order impose conditions on an undertaking referred to in

section 15, in addition to the conditions that were imposed upon the approval of the class environmental assessment.

Same

(4) An order under subsection (1) or (3) may be made on the initiative of the Minister or on the request of a person under subsection (6).

Basis for order

(5) The Minister shall consider the following matters when making an order under subsection (1) or (3):

1. The purpose of this Act.

2. The factors suggesting that the proposed undertaking differs from other undertakings in the class to which the class environmental assessment applies.

3. The significance of the factors and of the differences mentioned in paragraph 2.

4. If a request for the order was made by a person under subsection (6), any ground for making the request that is given by that person and permitted under subsection (6).

5. The mediators’ report, if any, following a referral under subsection (7).

6. Such other matters as may be prescribed.

7. Such other matters as the Minister considers appropriate.

Request for order

(6) A person may request the Minister to make an order under this

section only on the grounds that the order may prevent, mitigate or remedy adverse impacts on the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in

section 35 of the Constitution Act, 1982 .

Mediation

(7) The Minister may refer a matter in connection with a request made under subsection (6) to mediation and

section 8 applies with necessary modifications.

Order after request

(8) For the purpose of considering a request made by a person under subsection (6), the Director may require the proponent to undertake such consultations and to provide such information as the Director may specify.

Refusal after request

(9) If, after receiving a request under subsection (6), the Minister refuses to make an order, the Minister shall give the person who made the request and the proponent notice of his or her decision together with the reasons for the decision.

Notice of order

(10) The Minister shall give a copy of an order made under this section, together with the reasons for it, to the proponent, to the person who requested the order, if any and to such other persons as the Minister considers advisable.

Change to undertaking

(11) The Minister may make an order under this

section with respect to a change to an undertaking and this

section shall apply with necessary modifications to such an order.

Conflict

(12) This

section prevails over anything to the contrary that may be provided for in an approved class environmental assessment.

Amendment of s. 16 (3) order

(13) The Minister may, in accordance with the regulations, if any, amend any order made under subsection 16 (3), regardless of whether the order was made before or after subsection 25 (1) of

Schedule 6 to the COVID-19 Economic Recovery Act, 2020 came into force.

Time limit for orders

16.1

(1) The Minister shall not make an order under subsection 16 (1) or (3) on his or her own initiative if more than 30 days, or such other number of days as may be prescribed, has elapsed after the end of the comment period provided for in a notice of completion issued under the approved class environmental assessment, as that comment period may be extended in accordance with the approved class environmental assessment.

Notice of proposed order

(2) Despite subsection (1), the Minister may make an order under subsection 16 (1) or (3) on his or her own initiative after the time limit described in subsection (1) if before the time limit has elapsed the Director gives the proponent notice that the Minister is considering making the order.

New time limit

(3) If notice of a proposed order is given by the Director under subsection (2), the Minister may make the order under subsection 16 (1) or (3) only if he or she does so,

(

a) before the end of the 30-day period, or such other time period as may be prescribed, that follows the giving of the notice of the proposed order; or

(

b) if the Director includes in the notice of the proposed order a request for information under subsection (4), before the end of the 30-day period, or such other time period as may be prescribed, that follows the day the Director gives the proponent a notice of satisfactory response under clause (6) (a), subject to subsections (7) to (12).

Request for information

(4) In a notice of a proposed order, the Director may request that the proponent provide such information as the Director believes is necessary to assist the Minister in determining whether to make the order and that the information be provided on or before the specified deadline.

Compliance with request

(5) The proponent shall give the Director the information specified in the notice of the proposed order on or before the deadline specified in the notice.

Same

(6) If the Director is satisfied that the proponent has provided all the information requested in the notice of the proposed order within the specified deadline,

(

a) the Director shall give the proponent a notice of satisfactory response; and

(

b) the Minister may make the order within the time limit set out in clause (3) (b).

Failure to comply with request

(7) If a proponent fails to provide all the information requested in the notice of the proposed order within the specified deadline or if, upon review of the information provided, the Director is not satisfied that all the information requested has been provided,

(

a) the Director shall give the proponent a notice of unsatisfactory response;

(

b) the time limits under subsections (1) and (3) that applied with respect to the comment period provided for in the notice of completion previously issued by the proponent cease to apply;

(

c) the proponent shall issue a new notice of completion in accordance with subsection (9); and

(

d) the time limits under subsections (1) and (3) shall apply with respect to the comment period provided for in the new notice of completion.

Notice of unsatisfactory response

(8) A notice of unsatisfactory response issued by the Director under clause (7) (

a) shall,

(

a) specify the information that the proponent must provide in order to satisfy the request for information that was made by the Director in the notice of the proposed order; and

(

b) advise the proponent that a new notice of completion must be issued by the proponent within the time period specified by the Director.

New notice of completion

(9) On or before the end of the time period specified by the Director in the notice of unsatisfactory response, the proponent shall,

(

a) issue a new notice of completion in accordance with such directions as may be specified by the Director; and

(

b) provide to the Director all of the information specified by the Director in the notice of unsatisfactory response.

New comment period

(10) The notice of completion issued under clause (9) (

a) shall provide for a new comment period which shall be at least 30 days in duration.

Further failure to comply

(11) If a proponent fails to comply with subsections (9) and (10), subsections (7), (8), (9) and (10) shall apply with necessary modifications to that failure.

Same

(12) Subsection (11) shall apply to successive failures to comply with subsections (9) and (10) until the Director is satisfied that the proponent has provided all the requested information and issues a notice of satisfactory response in accordance with subsection (6) and, when the Director issues a notice of satisfactory response, the time limit set out in clause (6) (

b) shall apply with respect to any order to be made by the Minister under subsection 16 (1) or (3) on his or her own initiative.

Change to undertaking

(13) This

section applies if the Minister is considering making an order under subsection 16 (1) or (3) with respect to a change to an undertaking and, for the purpose of that application, any reference in this

section to a notice of completion shall be deemed to be a reference to a notice of addendum.

Same, transition

(14) For greater certainty, the time limits in this

section apply with respect to an undertaking referred to in

section 15 where the notice of completion was issued under the approved class environmental assessment during the 30 days before the day subsection 21 (1) of

Schedule 6 to the COVID-19 Economic Recovery Act, 2020 came into force and a copy of the notice is required to be submitted to the Director under subsection 15.1 (2).

(2) Subsection 16 (1), as re-enacted by subsection (1), is repealed and the following substituted:

Order to comply with

Part II.3

(1) The Minister may make an order declaring a proposed undertaking referred to in

section 15 to be a

Part II.3 project.

(3) Paragraph 1 of subsection 16 (2) of the Act, as re-enacted by subsection (1), is amended by striking out “undertaking” at the end and substituting “project”.

Part II.1 of the Act is repealed.

27 The French version of clause 17.1 (4) (

b) of the Act is amended by striking out “tout projet, plan ou programme” at the beginning and substituting “toute proposition, tout plan ou tout programme”.

Part II.2 of the Act is repealed.

29 The Act is amended by adding the following Part:

Part II.3

Comprehensive Environmental Assessments

Approval for project

17.2

(1) Every proponent who wishes to proceed with a

Part II.3 project shall apply to the Minister for approval to do so.

Application

(2) The application consists of the proposed terms of reference submitted under subsection 17.4 (1) and the environmental assessment subsequently submitted under subsection 17.7 (1).

Form, manner of application

(3) An application shall be submitted to the Minister in the form and manner specified by the Director.

Prohibition

(4) No person shall proceed with a

Part II.3 project unless the Minister gives his or her approval to proceed under

section 17.15 or the Tribunal gives its approval under

section 17.16.

Same

(5) No person shall proceed with a

Part II.3 project in a manner inconsistent with a condition imposed by the Minister or the Tribunal for proceeding with it.

Potential non-compliance

(6) A proponent who has received approval to proceed with a

Part II.3 project shall promptly notify the Minister if the proponent may not be able to comply with the approval as a result of a change in circumstances.

Obligation to consult

17.3 When preparing proposed terms of reference and an environmental assessment, the proponent shall consult with such persons as may be interested.

Terms of reference

17.4

(1) The proponent shall give the Ministry proposed terms of reference governing the preparation of an environmental assessment for the

Part II.3 project.

Same

(2) The proposed terms of reference must,

(

a) indicate that the environmental assessment will be prepared in accordance with the requirements set out in subsection 17.6 (2);

(

b) indicate that the environmental assessment will be prepared in accordance with such requirements as may be prescribed for the class of

Part II.3 project the proponent wishes to proceed with, which may include requirements to provide information that is greater than or less than what is required under subsection 17.6 (2); or

(

c) specify in detail the requirements for the preparation of the environmental assessment, which may include requirements to provide information that is greater than or less than what is required under subsection 17.6 (2).

Same

(3) The proposed terms of reference must be accompanied by a description of the consultations by the proponent and the results of the consultations.

Public notice

(4) The proponent shall give public notice of the proposed terms of reference and shall do so by the prescribed deadline and in the form and manner required by the Director.

Same

(5) The public notice must indicate where and when members of the public may inspect the proposed terms of reference, state that they may give their comments about the proposed terms of reference to the Ministry and contain such other information as may be prescribed or as the Director may require.

Notice to clerk of a municipality

(6) The proponent shall give the information contained in the public notice to the clerk of each municipality in which the

Part II.3 project is to be carried out and shall do so by the deadline for giving the public notice.

Notice to other persons

(7) The proponent shall give the information contained in the public notice to such other persons as the Director may require and shall do so by the deadline for giving the public notice.

Public inspection

(8) Any person may inspect the proposed terms of reference in the places and at the times set out in the public notice.

Comments

(9) Any person may comment in writing on the proposed terms of reference to the Ministry and, if the person wishes the comments to be considered by the Minister in deciding whether to approve the proposed terms of reference, shall submit the comments by the prescribed deadline.

Approval

(10) The Minister shall approve the proposed terms of reference, with any amendments that he or she considers necessary, if he or she is satisfied that an environmental assessment prepared in accordance with the approved terms of reference will be consistent with the purpose of this Act and the public interest.

Same

(11) The amendments made by the Minister under subsection (10) may include amendments to impose requirements that are greater than or less than the requirements of the regulations if the Minister is of the opinion that in the circumstances, the amendments are necessary in order to ensure that an environmental assessment prepared in accordance with the approved terms of reference will be consistent with the purpose of this Act and the public interest.

Mediation

(12) Before approving proposed terms of reference, the Minister may refer a matter in connection with them to mediation, and

section 17.14 applies with necessary modifications.

Deadline, Minister’s decision

(13) The Minister shall notify the proponent whether or not the proposed terms of reference are approved and shall do so by the prescribed deadline.

Same

(14) If the Minister has not notified the proponent under subsection (13) by the prescribed deadline, the Minister shall provide written reasons to the proponent indicating why a decision was not made and when a decision is expected to be made.

Landfilling site, municipal support required

Definitions

17.5

(1) In this section,

“area of settlement” has the same meaning as in subsection 1 (1) of the Planning Act ; (“zone de peuplement”)

“landfilling site” means a waste disposal site where landfilling occurs; (“lieu d’enfouissement”)

“parcel of land” has the same meaning as in subsection 46 (1) of the Planning Act ; (“parcelle de terrain”)

“waste disposal site” has the same meaning as in

Part V of the Environmental Protection Act . (“lieu d’élimination des déchets”)

Same

(2) For the purposes of this section, the following terms have the meaning assigned to them under subsection 1 (1) of the Municipal Act, 2001 :

1. Local municipality.

2. Municipality.

Application

(3) This

section applies in respect of a proponent who wishes to proceed with a

Part II.3 project to establish a waste disposal site that is a landfilling site.

Local municipalities whose support is required

(4) A proponent mentioned in subsection (3) shall, in accordance with subsection (5), obtain municipal support for the project from each local municipality,

(

a) in which the landfilling site would be situated; and

(

b) in which there is, as of the day on which the proponent gives public notice of the proposed terms of reference under subsection 17.4 (4), a parcel of land,

(

i) on which residential uses, other than residential uses that are ancillary to other uses, are authorized by the official plan of the municipality,

(ii) that is within an area of settlement, and

(iii) that is located within a 3.5 kilometre distance, or such other distance as may be prescribed, perpendicular at each point from the property boundary of the property on which the proposed landfilling site would be situated.

Evidence of support

(5) For the purposes of subsection (4), the proponent shall provide to the Ministry,

(

a) a copy of a municipal council resolution for each local municipality in respect of which municipal support is required under subsection (4), indicating the municipality supports the project to establish a waste disposal site that is a landfilling site;

(

b) a well-marked and legible map showing the location of the landfilling site, the boundaries of each local municipality mentioned in clause (

a) and markings to illustrate the characteristics of a municipality under clause (4) (b); and

(

c) a description of the process used to identify the local municipalities whose support for the project is required under subsection (4).

Resolution

(6) For greater certainty, a municipal council resolution described in clause (5) (

a) is not a matter that falls within the waste management sphere of jurisdiction under subsection 11 (3) of the Municipal Act, 2001 .

Evidence to be included in environmental assessment

(7) The information mentioned in subsection (5) shall be included in the environmental assessment submitted to the Ministry under subsection 17.7 (1).

Confirmation

(8) With respect to an environmental assessment submitted by a proponent mentioned in subsection (3), until the date the Director has confirmed in writing to the proponent that the requirements set out in subsections (4) and (5) have been satisfied with respect to the project,

(

a) the environmental assessment is deemed not to have been received by the Ministry under subsection 17.7 (1); and

(

b) the proponent shall not give public notice of the submission of the environmental assessment under subsection 17.8 (1).

Exceptions

(9) This

section does not apply,

(

a) in respect of a waste disposal site that is a landfilling site established by the Minister under clause 4 (1) (

k) of the Environmental Protection Act ; or

(

b) to a proponent seeking an approval under this

Part if the approval is required pursuant to a regulation made under clause 176 (4) (

o) of the Environmental Protection Act with respect to a waste disposal site that is a landfilling site.

Preparation of environmental assessment

17.6

(1) The proponent shall prepare an environmental assessment for a

Part II.3 project in accordance with the approved terms of reference.

Contents

(2) Subject to clauses 17.4 (2) (

b) and (c), the environmental assessment must consist of,

(

a) a description of the purpose of the project;

(

b) a description of and a statement of the rationale for,

(

i) the

Part II.3 project,

(ii) the alternative methods of carrying out the

Part II.3 project, and

(iii) the alternatives to the

Part II.3 project;

(

c) a description of,

(

i) the environment that will be affected or that might reasonably be expected to be affected, directly or indirectly,

(ii) the effects that will be caused or that might reasonably be expected to be caused to the environment, and

(iii) the actions necessary or that may reasonably be expected to be necessary to prevent, change, mitigate or remedy the effects upon or the effects that might reasonably be expected upon the environment, by the

Part II.3 project, the alternative methods of carrying out the

Part II.3 project and the alternatives to the

Part II.3 project;

(

d) an evaluation of the advantages and disadvantages to the environment of the

Part II.3 project, the alternative methods of carrying out the

Part II.3 project and the alternatives to the

Part II.3 project; and

(

e) a description of any consultation about the

Part II.3 project by the proponent and the results of the consultation.

Submission of environmental assessment

17.7

(1) After receiving notice that the terms of reference of a

Part II.3 project are approved by the Minister, the proponent shall submit an environmental assessment for the project to the Ministry.

Time limits

(2) A time period within which a proponent must submit an environmental assessment for a

Part II.3 project to the Ministry may be set out in the approved terms of reference or may be prescribed.

Compliance with time limits

(3) A proponent of a

Part II.3 project shall submit the environmental assessment for the project,

(

a) within the time period set out in the approved terms of reference, if any; or

(

b) if no time period is set out in the approved terms of reference, within any prescribed time period.

Extension of deadline

(4) Any time period for the submission of an environmental assessment that is prescribed in accordance with subsection (2) may be extended by the Minister by such further time period as the Minister considers appropriate, but the extension shall not exceed any prescribed maximum time period.

Termination, missed deadline

(5) If a proponent does not submit an environmental assessment for a

Part II.3 project by the end of the applicable time period, the application shall be terminated.

Replacement terms of reference

(6) If an application for approval of a

Part II.3 project is terminated under subsection (5), the proponent may give the Minister a second proposed terms of reference with respect to the

Part II.3 project under subsection 17.4 (1) and the second proposed terms of reference may be the same as the terms of reference previously given and approved.

Amendment or withdrawal

(7) After it is submitted to the Ministry, the proponent may amend or withdraw the environmental assessment at any time before the deadline for completion of the Ministry review of the environmental assessment.

Same

(8) The proponent may amend or withdraw the environmental assessment after the deadline for completion of the Ministry review only upon such conditions as the Minister may by order impose.

Same

(9) The Minister may by order amend or revoke conditions imposed under this section.

Public notice of submission

17.8

(1) The proponent shall give public notice of the submission of the environmental assessment and shall do so by the prescribed deadline and in the form and manner as the Director may require.

Same

(2) The public notice must indicate where and when members of the public may inspect the environmental assessment, state that they may give their comments about it to the Ministry and contain such other information as the Director may require.

Notice to clerk of a municipality

(3) The proponent shall give the information contained in the public notice to the clerk of each municipality in which the

Part II.3 project is to be carried out and shall do so by the deadline for giving the public notice.

Notice to other persons

(4) The proponent shall give the information contained in the public notice to such other persons as the Director may require and shall do so by the deadline for giving the public notice.

Public inspection of environmental assessment

17.9

(1) Any person may inspect the environmental assessmen