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HomeMy WebLinkAboutPD-84-82 i V I i CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO 1_013 1J0 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MAY 17th, 1982 REPORT NO. : PD-84-82 SUBJECT: AMENDMENTS TO THE ENVIRONMENTAL ASSESSMENT ACT - REGULATIONS CONCERNING MUNICIPAL UNDERTAKINGS RECOMMENDATION: i It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: j 1 . That Report PD-84-82 be received for information. BACKGROUND AND COMMENT: On March 31 , 1982, Planning staff had received a copy of a general amendment to the Environmental Assessment Act prepared by the Ministry of the Environment. This amendment has been forwarded to all Ontario Municipalities for information, advising them of changes in the Environmental Assessment Act with respect to municipal projects. The amending Regulation has addressed the following items: extension of the exemption expiry date for transit activities to December 31 , 1982 �t} < 111 I Report No: PD-84-82 , , ,12 - expands the exemption for municipal non-profit housing to include the procurement of facilities by other means in addition to the advertising of tenders - corrects a drafting oversight - and reinstates a subsection which had inadvertently been removed by a previous Regulation. * In that regard, staff have attached, for Council 's ( information, a copy of the amendments to the Environmental Assessment Act which describes the above item in more detail , and, which outlines their effect on various municipal projects which may occur. Respectfultly submitted, r; T. T. Edwards, M.C. I.P. Director of Planning EP*TTE*mjc April 28, 1982 _ T Office of the Ministry 135 St. Clair Avenue West Minister Toronto, Ontario of the V14V I P5 Environment 416/965-1611 ADDENDUM WR 31 1982 TO ALL ONTARIO MUNICIPALITIES Dear Sir/Madam: PLANNING DEPARTMENT Re: Recent Additional Amendment to 'the Environmental Assessment Act Regulation Concerning Municipal Undertakings Please find attached a copy of an additional amending regulation to R.R.O . 293/1980 under the Environmental Assessment Act which has been included for your information. This amendment accomplishes the following: (a) It extends the exemption expiry date for transit activities to December 31, 1982. (b)* It expands . the exemption for municipal non- profit housing to include the procurement of facilities by other. .•means in addition to the advertising of tenders. It corrects a drafting oversight to make the dates in subsection 5( 6 ) conform to those in clause 5( 5) (a) . (d) It reinstates subsection 6( 1 ) which was inadvertently removed by O .Reg. 841/81 due to a printing error. I trust that you will bring these most recent amendments to the attention of your staff and any consultants which may be concerned. In addition to O. Reg . 841/81, these amendments constitute the most recent changes made to the Municipal Regulations. The enclosed package should bring your municipality totally up-to-date regard- ing the current requirements of the Environmental Assessment Act for municipal projects . Thank you for your co-operation. Yo4ursve truly, Ke ' Norton, Mi ister, M.P.P. Kingston and the Islands . Attach. lu1f r �A 1�11�.11 iii Office of the Ministry 135 St. Clair Avenue West 1 Minister Of the Toronto, Ontario M4V t P5 Environment 416/965-1611 TO ALL ONTARIO MUNICIPALITIES Dear Sir/Madam: RE: Recent Regulation to Amend the Environmental Assessment Act Regulation for Municipal Undertakings I Attached please find a copy of a new regulation amending R.R.O. 293/1980 ( formerly O.R. 836/76) under the Environmental Assessment ' Act along with explanatory notes. This regulation (O. R. 841/81) which came into effect December 17 , 1981 pertains to municipal and conservation authority undertakings. For municipal activities, it accomplishes the following : a ) it extends the 'exemption dates for the following activities for which class environmental assessments are nearing completion : the expansion of existing water and sewage works for which an approval under the . Ontario Water Resources Act I is issued prior to December 31 , 1982 J and construction commenced prior to December 31 , 1983 , municipal road and road-related works for which tenders have been advertised prior to December 31, 1982. b) it exempts the following additional minor types of municipal undertakings : - emergency waste disposal sites where a fi public hearing has been waived under section 31 of the Environmental Protection. Act , - land transfers in hardship cases and land for fence transactions , new well systems to serve approved subdivisions provided for in a subdivision agreement ( until December 31 , 1982 pending completion of Class EA) , non-profit housing ( until July 1 , 1983 , pending completion of the Class EA) . c) it makes large Hydro type works subject c to the Act. d) it clarifies section 5( 3 ) (a ) , "the $2 million exemption" to exclude all works for which Class EAs are being prepared. e ) it clarifies section 5( 3 ) (h ) , "the subdivision exemption" to exclude works which may cause adverse environmental effects regardless of cost. In providing the above extensions to temporary exemptions for activities for which Class Environmental Assessments are being prepared, and in providing other exemptions for minor activities, our Ministry has continued its approach of applying the Act to municipalities in the most rational means possible . Enclosed as well is a copy of R.R.O. 293/1980 indicating the nature and location of the changes resulting from this most recent 'amendment. j I We would appreciate it if you could bring this regulation to the attention of the municipal staff concerned and any consultants with which you deal, so that they may be fully aware of the changes and thus the current requirements of the Environmental Assessment Act for municipal projects. Thank you for your co-operation. EI t Yours very ruly, a i Ke4hNorton, Mi M. P.P. Kingston and the Islands . Attach. I ONTARIO REGULATION 841/81 AMENDING R.R.O. , 1980, REG. 293 d� WITH EXPLANATORY NOTES cl December 1981 �i I 61 I I AMENDMENT SpA,7E!'T INTENT a\� 1. Section l (aa) "Hardship" defined For exemption provided by amendment 5 (1) (i) 5 (1) (c) $2 million exemption Clarify fact that it does not apply to Class E.A. type works. Correct drafting error in RRO 1980 Reg. 293. 5 (1) (e) (iv) Emergency waste disposal Exempt emergency waste sites sites under S.31 of EPA where hearing has been waived under EPA. 5 (1) (h) Subdivision agreements Clarifies exemption for works in subdivision agreements 5 (1) (i) Land transfers Exempts land transfers in hardship cases and land for for fence deals. 5 (2) (q) Large Hydro type works �akes these subject regardless of cost because working group hose not to do Class E.A. 3. Section 5(5) (c) Expansion to water and Exempts new well systems to sewage works serve approved subdivisions Extends interim exemption date to Dec. 31/82 to prepare MEA "! Class E.A. Section 5 (5) (f) Road Reconstructions Extends interim exemption date to Dec. 31/82 to prepare MEA Class E.A. Section 5 (5) (g) on-profit housing Interim exemption to prepare Class E.A. - expires July 1, i 1983 �i Section 5 (6) Grandfather exemption Corrects drafting oversight 4 (l) Section 9 (1) (f) "Private land extension For Amendment 9 (2) (b') service", definition I i AMENDMENT SUBJECT INTENT Section 9 (2) (a) Conservation Authority Correct printing error in Reg. RRO 1980 Reg. 293 Section 9 (2) (b) Conservation Authority Clarifies and expands exemption. Reg. for insignificant activities. Section 9 (2) (c) Table - Channelization Extends interim exemption to stablizations and allow Cons. Auth. to do Class diversions to .water E.A. courses. Section 12 Research Exempts research .I I j I EXPLANATORY NOTES POR PROPOSED REGULATION AMENDING R.R.O. , 19801 REG. 293 INTRODUCTION In general, the proposed amendments to R.R.O, 1980, Reg . 293 provide for extensions to some of the provisions affecting the phasing-in of Municipal and Conservation Authority Projects under the - Act. They also correct a drafting error, two errors that arose in the decennial revision and , exempt some additional minor types of undertaking and research. At the time the municipal regulation was brought into 1 force (June 3, 1980 ), municipalities and the Province had agreed to a basic structure for determining the applica- bility of the Environmental Assessment Act to municipal activities. The structure, as embodied in three amend- ., ments to the original Ontario Regulation 836/76 (now R.R.O, 1980, Reg. 293) includes mechanisms for exempting projects for which commitments had been made prior to June 3, 1980 . In addition, insignificant activities are exempted outright, while those having the potential to cause significant adverse effects on the environment remain subject. Finally, exemptions are provided for I specified periods of time for activities which may cause adverse effects on the environment and for which class environmental assessments are being prepared . Therefore, the purpose of the part of the proposed regu- lation. pertaining to municipalities is to fine-tune the existing regulation so that it is clearer and will better facilitate the implementation of the Act. ii <,94 Similarily, the Conservation Authority regulation which / was brought into force in September 1977 provides general exemptions for projects approved prior to January 31 , 1978 and for those with insignificant adverse environmental effects. In addition, it provides a phase-in mechanism for other types of projects where class environmental assessments might apply. The phase-in mechanism for conservation authorities consists of a schedule of exemptions with expiry dates specified for major groups of projects. Because of the delay experienced by the Conservation Authorities in initiating this program, an adjustment in the exemption schedule is proposed, to provide more time for the phasing-in of Conservation Authority projects. Additional exemptions for some activities identified as having minimal impact on the environment are also proposed. AMENDMENTS: (section references are to sections in O.Reg . 293 ) I. Clause 1(a a) This clause provides a definition for "hardship" for which a general exemption is being added for property acquisition to the regulation as clause 5( 3 ) ( i ) . The rationale for this amendment is discussed in Item V below. i II . Clause 5( 3 ) (a ) Current situation and problem: 'I i Clause 5( 3 ) (a ) originally provided an exemption for j certain works costing less than $2 , 000 ,000 ( 1977 ) . It �I did not apply to those clauses of works listed in clauses 5( 5 ) (b) , (c) and (d) for which class environmental assessments were being prepared. Clauses (ba) and (bb) were added to subsection 5( 5) for two additional types of class undertaking . At the time of that amendment the addition of these two clauses to the list at the end of clause 5( 3 ) ( a) was overlooked. The decennial revision relettered clauses 5( 5) (b) , (ba) , (bb) , (c) and (d ) as clauses 5( 5) (b) , (c) , (d ) , (e ) and ( f ) respectively. At the same time, it made an error and left the list at the end of clause 5( 3 ) (a ) unchanged, thus inadvertently correcting the initial oversight but also, in error, leaving off the new (e) and (f ) which were formerly (c) and (d ) . Proposed Solution: Amend clause 5( 3) (a) by adding an additional cross reference to clauses 5( 5 ) (e) and M . The end result will be that each of the five types of undertakings for which class environmental assessments are being prepared for municipalities will be exempt from the act whether they cost more or less than 2 million 1977 dollars until the class environmental assessment procedure is in place for that type of undertaking . Then the class procedure will apply. III Clause 5( 3) (e) Current situation and problem: Situations have arisen wherein municipalities are forced to seek approval for the establishment and 4 - operation of interim waste disposal sites in emergency situations. For example, the muncipality' s "outside workers" can go on strike thus closing a landfill site and forcing the municipality to channel its garbage elsewhere for a brief period of time. Section 31 of the Environmental Protection Act allows the Director to issue an emergency Certificate of Approval without a hearing to permit a .municipality to establish and operate a waste disposal site. t However, before the certificate can be issued an approval must be obtained under the Environmental Assessment Act. In previous emergencies, an exemp- tion order under section 29 of the Environmental Assessment Act had to be issued prior to the emer- gency certificate under section 31 of the Environmental Protection Act. This is. not an acceptable procedure as it involves an undue delay in issuing emergency certificates and an undue amount of Cabinet 's time in reviec'ing exemption order applications for projects which, by their very nature , must be implemented as quickly as possible . Proposed solution: The proposed amendment would add a fourth subsection to clause 5( 3 ) (e) to exempt waste disposal sites that are for the purposes of handling domestic waste or i processed organic waste (sewage sludge ) in emergency situations, which are given emergency approvals pursuant to section 31 of the Environmental Protection Act. i I 1 IV Clause 5( 3) (h) Current situation and problem: Clause 5( 3 ) (h ) , was intended to provide an exemption for works provided for in a subdivision agreement between a municipality and a subdivider other than works which have the potential to cause significant adverse effects on the environment. These works which may cause adverse effects are listed in clauses 5( 4 ) (b) to (f ) . Because of the manner in which clause 5( 3) (h) was worded, it excudes from the exemption ' works described in clauses 5( 4 ) (b) (c ) (d) (e) and ( f ) , only if they cost less than $2 million ( 1977) . Obviously, the exemption should not apply to works which may cause significant adverse effects on the environment regardless of cost. In addition, works which cost over $2,000 ,000 generally have an even greater potential for adverse effects. Proposed solution: r The proposed amendment makes it clear that even if 3 such works cost over $2,000 ,000 , they are excluded from the exemption in clause 5( 3 ) (h) for works provided for in a subdivision agreement between a municipality and a subdivider. This was the original intent of the regulation. V Clause 5( 3 ) ( i ) Current situation and problem: j There are a number of circumstances wher e a person must sell his property for health or financial { reasons or to settle an estate but cannot receive fair market value, because an undertaking to which the Act applies such as a highway may be proposed on or adjacent to that property. The proponent however would be prohibited from acquiring the property until he obtained an approval. At present, an exemption for hardship cases has been granted only where the undertaking is a project of the Ministry of Transportation and Communications but not in other cases. This represents an inconsistency . in the " application 'of the Act. Similiarly, the current application of the Act does not exempt land for fence arrangements made between a municipality and a landowner, such activities having minimal adverse effects on the environment. This poses an unintended hardship on private landowners. Proposed solution: The proposed amendment would add a new clause 5( 3 ) ( i ) which would provide a general exemption for owner- initiated property transfers to municipalities in hardship cases and in land for fence arrangements with a municipality. VI Clause 5( 4 ) (_q) Current situation and problem: As of December 27, 1981 , activities undertaken by municipalities described in clauses 5( 5 ) ( b) and (e ) R will no longer qualify for an exemption from the Act. These activities are : upgrading of existing transmission lines involving changes of rights-of-way or replacement of poles or towers, new transmission lines of 230 kv or more and from 2-8 km in length, • new transmission lines of 115 kv and greater than 2 km in length, • i transformer or switching stations capable of operating at not more than 230 kv on new or extended sites, • communication towers. :I A temporary exemption was provided for these activities to accommodate the preparation of class environmental assessments. It has now been determined, by a joint Provincial/Municipal Working Group, that because of,, .the small number of these activities which might occur, the preparation of individual environmental assessments would be more appropriate than class environmental assessments. Therefore, class environmental assessments will not be prepared . In allowing the temporary exemption to expire however, clause 5( 3 ) (a ) , which provides a $2 j million exemption would apply to these activities. This would not be appropriate as these types of activities costing less than $2 million have the potential for signficant adverse environmental e impacts. The original intent of the regulation was to have these activities subject to the Act regardless of cost. Proposed solution : i The proposed amendment would add a new clause 5( 4 ) (9 ) which would exclude new and upgraded transmission ] lines, transformer and switching stations and the construction of communication towers from the application of the $2 million exemption, clause 5( 3 ) (a ) . They would therefore be subject to the Act regardless of cost. i VII Clause 5( 5 ) (c ) Current situation and problem: Clause 5( 5 ) (c ) , as it presently exists, provides an exemption for expansions to existing sewage and water ,works which are commenced prior to January 31 , 1982 and in the case of an expansion to a water or sewage treatment facility, the expansion is located at the site or adjacent to an existing facility. This exemption was intended in order to provide time for municipalities to adapt the class environmental assessments which the Province has prepared to the municipal sector. There is insufficient time now available however, for the draft environmental assessment to be approved prior to the expiry of this clause. As well, experience in application of the section requires that the terms "commenced" and "adjacent to" be clarified . Further, clause 5( 5 ) (c ) exempts only those expansions to existing water or sewage treatment facilities which are located at the F, site of or adjacent to existing treatment facilities. This requirement is for the purpose of ensuring that new water or sewage treatment facilities which would be part of, but not abutting, existing water or sewage treatment facilities were not exempted from the Act under this clause. Unfortunately, in the case of water treatment facilities, particularly those drawing from wells, it is not always possible to site the new facility adjacent to an existing one . As well, new water treatment facilities usually carry relatively minor environmental effects and are proposed to be covered by the class environmental assessment being prepared pursuant to this interim exemption. In addition, new water works provided for in a subdivision agreement solely for the purposes of f the subdivision are at present subject to the Act although they too cause relatively minor effects on the environment. 'i Proposed solution: i The proposed amendment will allow sufficient time for municipalities to obtain an approved class environ- mental assessment for these types of projects by extending the exemption expiry date to December 31 , 1982. The term "commenced" was replaced by "for which an approval pursuant to section 23 or section 24 of the Ontario Water Resources Act was issued" and the term "adjacent to" was replaced by "abutting" in order to provide clarification. In addition, the proposed amendment limits the requirement concerning expansion at a new location only to sewage treatment facilities . Thus , expansions to existing water treatment facilities including treatment of ground- water, would be exempt if commenced prior to December 31, 1982. A similar exemption is not pro- posed for new sewage treatment facilities in new locations as they are likely to have more significant environmental impacts. Also, this exemption was extended to include new water works provided for in a subdivision agreement. �i i I 10 VIII Clause 5( 5 ) ( f ) Current situation and problem: Clause 5( 5 ) (d) , provides an exemption for any municipal road and road-related works similar to any listed in the MTC class environmental assessments ( B1 to B7 as listed below) , for which construction is j commenced prior to December 31, 1981 . B1 - Widening of an existing highway - rural ; !! B2 - Minor realignment and adjustments to alignment, grades and cross-sections - rural ; . B3 - Widening of an existing highway; adjustments to alignment, grades and cross-sections - urban; B4 - New interchange - rural or urban; B5 - New or modified roadway water crossings; B6 - Freeway upgrading - urban and rural . B7 - New highway service facilities. This exemption was intended to provide sufficient time for municipalities to adapt the MTC class environmental assessments to the municipal sector. However, there is insufficient time now available for the draft municipal environmental assessment to be approved prior to the expiry of this clause . Expiry of the clause would result in municipal undertakings, that should not reasonably require individual =! environmental assessments because of their minimal potential environmental impacts , becoming fully subject to the requirements of the Act . Proposed solution: The proposed amendment will allow sufficient time for municipalities to achieve an approved class environ- j 1� mental assessment for these types of undertakings by extending the exemption expiry date to December 31, 1982 and by tying the expiry date to the advertising of tenders for each undertaking. IX Clause 5( 5) (1) Current situation and problem: There is no provision in the present regulation for the temporary exemption of works related to municipal Non-Profit Housing costing over $2 million. A municipal class environmental assessment for Non- Profit Housing is currently being prepared . In the case of other class environmental assessments under preparation, an interim exemption is provided to allow time to prepare the class environmental assessment. Proposed solution: The proposed amendment would add a new clause 5( 5) (2) which will provide an exemption which will allow sufficient time for the preparation and approval of the class environmental assessment for municipal Non-, Profit Housing without penalizing projects commenced in the interim. �i X Clause 5( 6 ) The proposed amendment is intended to correct an oversight in the previous amendment, O.R. 383/81 by making the dates in clause 5( 6) conform to those in j clause 5( 5 ) ( a) . _ �i I I XI Clause 9( 1) ( f ) This clause provides a definition for "private land extension services" for which a general exemption is being added to the regulation as an amendment to clause 9( 2) (b) . The rationale for this exemption is discussed in the notes below or clause' 9( 2) (b) . XII Clause 9( 2) (a ) , This clause was amended to correct a printing error in the decennial revision which resulted in the line "cost of the undertaking were scheduled" being placed out of order in the clause. XIII Clause 9( 2 ) (b) Current situation and problem: Clause 9( 2) (b) in the present regulation provides a general exemption for Conservation Authority activities which are expected to have minimal adverse environmental effects . However, other activities with minimal effects, in particular, the provision of outdoor education and interpretive centres, private land extension services, municipal tree replacement I and agricultural management of Authority lands were not included in this general exemption. As a result, individual environmental assessments or specific exemptions would currently be required for these activities. This is not a reasonable application of I the Act. i I Proposed solution: The proposed amendment would provide a general exemp- tion for outdoor education and interpretive centres by changing the existing paragraph 9( 2 ) (b) ( iii ) and for private land .extension services by adding j clause 9 ( 2 ) (b) ( iv) . In addition, paragraphs 9( 2) (b) (v) and (vi ) have been added to provide general exemptions for municipal tree replacement and agricultural land management respectively, which have insignificant environmental effects and therefore do not warrant the application of the Act. G XIV Clause 9( 2) (c ) Current situation and problem: Clause 9( 2) (c) provides exemptions for those works undertaken by a Conservation Authority which are set out in a table according to a schedule of specified dates. These exemptions were intended to provide time for Conservation Authorities to prepare class i environmental assessments where appropriate or to L! gear up for the preparation of individual environmental assessments. However, the Conservation Authorities have just begun to gear up for the preparation of class environmental assessments and in 4 the case of works described as "channelization, stabilization or diversion of water courses" there is :I insufficient time now available for the preparation `) and approval of class environmental assessments. Proposed solution: By extending the exemption expiry date to December 31 , 1982, the proposed amendment will allow 14 sufficient time for the Conservation Authorities to achieve approved class environmental assessments for these types of undertakings . XV Clause 12( i ) This clause was added to provide a general exemption for research undertakings. If a research activity which could have significant adverse effects is proposed, the proponent may voluntarily prepare an environmental assessment under section 11 of the Regulation just as they may for any undertaking otherwise exempt under the regulation. If a proponent fails to do so, consideration would have to be given to amending the regulation to make the new exemption inapplicable to the research in question. 2 i ;i :I i �I Reg. 19.1 ENVlltl)NAtEN'I'A1. ASSESSMENT 315 RI:CULATION 293 under the IM%ironmetnla) .\sscssntent Act GENERAL 5 Ontario Energy Corporation. 1. In this Regulation, 6 Ontario Ilydro. (a) "development corporation" means it cor- 7. Ontario Northland Transportation Com- poration under the Development Cor•poro- mission. Clause (a a) lions .40; 8 Ontario Telephone Development Corpora. New definition noon. (D) "operating" includes maintaining and re- related to new pairing and any activities for opetatiog, 9 Ontario Transportation Development Cor- elause 5 (3) (a) maintaining anti repairing,and"operation" poration. has it corresponding nuaning; 10. Toronto Area Transit Operating Authority. (c) "sI,m),ow"means tile greater ofsi I,0M1,000 11. Urban Transportation Development Cor- and S1,000,1M divided by the Non-resith'o- pu ation. U. Ncg. 836176,s.3. tial C'nnstruilion Inpul Index issued by Statistics Canada for the month of Uecenihcr, 4.—(11 An undertaking, whether constructed or 1977, multiplied by the Non-residential Con- cummencell before or after the coming into force of the I struction Input Index issued by Statistics relt-vant provisions of the Act, for the construction or } Canada for the month in which the first con- commencement of which the approval of the Minister tract for theconstruclion of the undertaking is to proceed was not required is exempt with respect to j entered into, or, where no such conlrio t is . its operation and retirement from the prop iaion of sub- 3 entered into, the month in whith the tom- voitio 5(1)of the Act requiring the proponent not to ) inencemem date for the undertaking falls ioul protccd with the undertaking turd from the provisions any other anowtl in dollars hit, a corrvs- of subsection 6(1)of the Act. ponding meaning. O. Reg. 8.16/76, s. 1; O Reg. 468/80, s. 1. (2) A proponent of an undertaking of a type referred to in subsection (1) is exempt from the 2.—(1) All environmental assessments shall be provisions of section .19 of the Act with respect to submitted with a summary in Form I. tine requirement of submitting an environmental assessment to the Minister with respect to the (1) Written submissions and requirements for operation or retirement of the undertaking. hearings made or given under subsection 7 (2) of the O. Reg. 836/76,S. 4. Act may be made in accordance o,ilh Form 1. 5.—(1) This section flocs not apply to an undertaking 1 (3) Written submissions and requirements for of a bolt Itslcd in section .1 that map be found to be a hearings made or given under subsection 10 (1) of local board us definer)in(he 411illicipol.I floir.i A(I or to the Act or subsection 11(1)of the Act may be made in he it hoard, commission or other local aulhorily exer- aeeordance with Form 3. ci.ing power in respect of municipal atlairs. (2) In this section, (4) A requirement for a hearing given pursuant to section 13 of the Act may be made in accord- (u) "estimated cost"means the most current esti- anee with Form 4. O. Reg. 836176,s. 2. mate prepared by ran engineer,architect,offi- cial,planner or construction contractor of(he 3. The following bodies are defined as public cos( of an undertaking which estimate has bodies; been submitted to the council or other gov- erning body of a municipalit% or a conuni(lee 1. Algonquin Forestry Authority thereof and has been accepled by it as the 2. Authorities within the meaning i)f the Coo- basis upon which the undertaking'is to be ttnafioo Authorities Arf. proceeded with,but does not include anycosts tor, 3. Colleges, universities and other bodies, (i) the acquisition of land, except the Royal Ontario ltItseum and municipalities,to which the onftn•io Uoiver- (ii) feasibili(y studies aml design carried silies Capitol,lid Corporation A(I applies. out for (he undertaking, or i 4. Development corporations. (iii) the operation of the undertaking, 316 F.NVIRONNIENTAL ASSESSMENT Reg. 193 and where :ill undertaking is being Coll- Such undertakings when carried out by mill it'll ill 1nl ov,% 1I0111h'h the iwl m( all 0olotio Ilt+lro. nr �,a phases;anti * V (h) it in -i lurk provided fur in a subdivision / (b) "exclusive right of wad" "-lien usal in colt' agrt•enwnl hel"-veil a no11oit ipality toll it Sub- nectiun with it bus service means:"1111141"vq, divider usher than iu undertaking tt+ which inchuling entr:mces -it'll exists, cooslrucled flails.(u)dues 11111 apply by reason of clause for list-b�•WAVS 111111 upon which the public is 1.11110►,Icl,(d►or te)or, except in the cuss of not permitted to drive m111or vehicles hill nut works being provided for n►anagement of including accesses to stations jod slops, or storm "vats from Ihr subdivision and other turning, storage and service facililies $lot adjacent lands of the subdivider, clause (4) otherwise associated with such to right of"•;q', (f). O. Reg. 468/80, s. 1, port; U. Reg. nor a reserved bus Line on an Cxisliog road. 885/80,S. 1 11). j O. Reg. 468/80,s. 1, earl. J l4)The exemption provided by clause id► la) does W) An undertaking by a municipality for which an not apply in respect of, environmental assessment has not been sulunittcd is exempt from the provisions of the Act %%-here, (a) line consirm lion of a ne\v road or of a realign- * ct of a nexisling rood except"-here the road (o) subject to subsection 141. it has:un cstimalet) mnor rcalignnu•nl is, cost of nos more than 81,(x))dx10 provided it is not an undertaking of a type described in fit 111 be Icss than one kilometre in length, clause 5 (b), (r)or(d); W it is an underlaki11g by a board within the iii) to serve a municipally owned industri- meaning of the Education:Ict, al, residential or commercial area,or (e) it is a drainage works regulated under the (iii) to provide internal circulation in a 1lrainrtge Art; municipal recreation area or park; IM1) a new bus scrvic.on;ut exclusive right of way (d) it is a road shown on a plan of subdivision as or a lie"- rail transit system; being part of the subdivision tieing approved under section.16 of the Plarruiug:let; 61 it new station, terminal or marshalling yard • for a rail trans system; i * (e) it is a witste disposal site that, (i) is a transfer station for dunu•slic waste (d) a waste disposal site that,, that uses portable eoulainers, lit is a transfer -lotion for processed (ii) is an organic soil conditioning site organic waste, certifier) under the Euairunurt+lhrl iii► is o site fur the disposal of hauled liquid Priaertion AN,or industrial waste ur hazardous waste as designated in regulali11ns made under (iii) is it transfer station for processed fart V of Ilse Envirn spit, tal Pratrc- organic waste located at the sewage Most.Icf,or Irealmenl works where it is generated or al the organic said condilioniog Site where i1 is disposal ill'; 17771 is a site for the disposal of any other a axle that the Director ascertains under subsection 30 (1) of the (J) it is an undertaking of a type which,save that Rnniran+u.ntal Protection Art is the the proponent is not Ontario llydro, is wquiv:denl of the domestic waste of described in Orders of the Minister da1e11 the 11111 less Ihan I'MR)persons; a 14th day of October. 1976 and published as numbers 01111-1, OI IC-3 and 011U-4 in the issue of Tut: ONTARIO Wze r°rt. dated the (c) a new water production works,sewage treat- I 13th day of November, 1916; meat works, or sewage lagoon and the stor- age, collecliun, it nsmissioo or distribution (g) it is an undertaking of a type which,save that "works assot iated therewith;or the pmponcnl is not Ontario Il�drn, is described ill the Order of the Minister dated the 14th day of October, 1976 and puldishcd If) an undertaking which is or includes a work of as number l)IIh 6 in tit. issur of 'lilt: it I\pe listed ion one of the first six group,of j ONTARIO GAZE'I"1't: dotal the 1.1111 dill• of items in Column I of the Table in subsection 1 November, 1976 and it is proposal that its 9(1)and its conalrtrtion has not commenced construction and maintenance he carried out by the dale Set out opposite in Column 1 of ! in accordance with the standards that apply to the said Table. 0, Reg. 468/80, s. 1,purl. New clause (�) * (a) (ej& (h) replaced by (a) (e) (h) (a) - references to c1auses5 (e) & (.f) added to correct error in consolidation. Consolidation caught 5 (c) and (d) in error. This amendment would have extended to them if they had not already been caught. (e) - clause (iv) added to exempt emergency municipal disposal sites. (h) - reparagraphed to correct a drafting error - the effect of the "other than. . . " is to make subject certain smaller works and have larger works of the same type exempt. The revision removes Reg. 29J ENVIRONMI•.N I AI, A441,4`,,x11,N I T I r (SI Ali n11d1•rta1,1119 111 .1 11111111111"1111%. I,1r N 111.It.111 (PI it 1, .111 1111111'11. IIIV ul .1 IN lit, 111.11. N.1\'e that flltlf(nlnClltall a"e"1111.111 11.1` it'll Ill-cit N111111111ed is Ihr pltrllnllt•111 I`. 1111t On(arlo Ilsdtll, iN glen d from the prulislnu, Ill the .\tI tthlle, I. 171,.1 111 flu I(I'll 1 nl Ibr 11nu It d d-11ci1 -r ( Ibe 1.1111 tlal fit I h Ill qf, I'lih ,nut In11r11`lll•11 / * (a) before the 3r11 (I.l.N of )tone, 1980, a, number 0111.12 of the i"tot• t1f Tom ()V 1.l It Ill GA/VI it; d,ned file 1.1111 1r.ly.of 4 (i1 the underlaklng hall Heel atltllorin''l \rrvenber, 1,)m :tool tnn.lrucuun of the hl of(e`toluUut►of b� tall Ill the t aunt 11 1111111.1 1,141111t Is I orluucnl ell a 11111A (welve or other governing btld).of the nnunici• months after an approval under the Acl Is palit), nsucd to Ontario i 1)dro for an undertaking of that t)pc; or Hit land hall heen 3011,401 h) or on behalf of the n1111mipalit.% for the purplow ul * IJI 11 IN an undertaking of;1 I)pr that, sale Thal implementing life undertaking, ur ** the proponcnl is 1101 life Minister of Trans- purla(ion ;ut(I Conununic:lliuns, is similar to liiil the municipalih or some otherespr'op- any listed under"It" in the key cunlairlcd in rioting aulhtoril) aclilig ton behalf of tile'()nlor of the\Ilni.ler dated the IS(h dayof the munit ipalih Nerved notice under AIf gtlA, 1978,uul published its nitmber MTC- c the htprnptiufiun.r Ao of an applica- I I nn the issue of '1'1111: ONIARIO GAUTTE tion for apprmal to expropriate land toted the 16th I.1y of 1wplember, 1978, and to be used for the purpose of irnide- construction of Ilte underiol ing isconnmenced •mcnling the undertaking, \k ,hi,,llvclvc month,after out approval under the.\ct is issued to the Minister of Transpur• and al least 25 per cent of Ibeestimated cost is talion and Communications for an undertak- seheduled In be spent ur conslruclinto (7011• ing of that type or where the approval was tracts for at(cast 25 per cell of the eslinnatcd issued before tine 3rd day of June', '1980, cost are scheduled to be let within three)cars laithill twelve months after that (late. after the 3rd day of June. 1980; O. Reg. 468/80, S. 2, part; O, Reg. 885/80, (A) it is an undertaking of a type that, save that the prupunen( is 11 O 01 ntario 11�11ro, is (6) An exemption under clause 1511x1 ceases to apply described in Ur(Icrs n(the Mini,ter dated the teilh respell to thnsc part;of the undertaking that are 141h flay of October, 1976 and puhhsttt•II as 11,11 competed lvithin three )cars alter the Jrd did)'of numbers 0111:• and 011(;-1 in Ida' 1"toe of 'I'n►:O.r.l,8l0 GAZA I I l:dMVII the I.Ith flak of Jun., 191;0 unless at (cast IS per cent of life estimated cost of the undertaking has been spent or construction November, 1976. ;told construction of the contracts fur at least 25 per cent of the estimated cwt undertaking is COM within t%%.c ct is Ilavc been let prior to the end of lbe three year period. months after an approval under the Act is issued 10 Ontario 11ydro for an undertaking of Thal ty{tc; (71 The ubinining of nn option to acquire land or an inlcrcNI in Llnl by;I municipality or theenlcriltg intoan ** (t) it is an undertaking That Consists of IlNeVxpan• al:rveluew to purl hose land nr all interest in hold by a Sion of fork existing water works or >clvagc mullicip,dity,where the ac(Iuisiliun or purchase is con- Sion where the expansion is ronlncnrcd ditional ton cnmpliancc leill,the Act, is an undertaking prior to the 31N1 da) 411' Jantlaty, 1982 ;0111 that isexemllt from the pruvisions off part. S(I)of where,in the ca`e of an expansion Ito a water the :\ll. (). l(eg. •168/8(1, s. 1, treatment or sewage Ircalment fill llit\, lite expansion is localell al the site of or adjacent 181 For purposes of subclatow (51 (a) (i), an under- to an c\isling water IreaUnent ur scwagc Inking `hall be deemed In have been authorilcd treatment facile%; Iq resoluu0n or b)-lax of life cnunc1l or other governing bn11y of the municipality where the council ((1) it is an undertaking of a tNpc with resp,cl or(filter go%cnning bolt'of a nnulicipalit'has passed a to which the Minister issued a noltte tl•suduliun for (riven second reading to a by-law under clause 7 (II IN of the Act on the 15th prior to the 3rd day of June, 1980 authorizing any step, (Jay of February, 1980, for the envirun. including;any step necessary for tale Obtaining of ur the mental assessment submitted b) life'I•urnntu Ill;lkilig of an application for approval under any other Area Transit Operating Authority as number Act, in cunnetton with prlll•cednlg%%.ill1 Illy underlak- 11.1 011 the St11 day. of \larch, 1980, ill(;That nabrates :u1 inteniiun by life council or other for one of the em irllnnu'111a) assessnu its governing holy In implement the undertaking at a submitedl Iny the 'Toronto 1\rea •I•rulsil specilil Nile. Operating Au(horiic as number It.!, I1-3 (fr 11.4 and construction of the undertaking is (qg In subsection(81, "any step.' includes, �I commenced llithin twelve months after ;on approval has been issued 1n,he'furuntu/\rea (al any appli x17011 for approval that may be Transit Operatingt Aulhuril) for all under. necessary to L•tcilllate life carrying out of the taking of that type; undertaking; * Replaced by O.Reg. 383/81 , copy attached I ** - clause (c) replaced to expand and extend exemption - clause (f) replaced to extend exemption *** - new clause (9) provides interim exemption for non profit housing - subsection (6) reworded to change June 3 , 1983 to December 31 , 1983 . I (G) ail annenhuent of an official plan or a the 1ltnasterof Health; rr�tricted area Icy-law and any application therefor, (k) the Minister of Agriculture and hood;and vl ga•in g of a consultant to trc rave all. (1) the Minister of [lousing, (r) the t I, >•. ), I 1 material necessary to proceed with an under- taking or to obtain an approval; are exempt Irons the pmvisions of the Act. O. Reg, 8:16/70,s.6(1);1). Reg.94/77,s. 1. (d) (he mh'ettising for nr awarding of temlers to carry not any part of the undertaking; (1) All unleriaking� and classes of undertakings by or on behalf of Her Majesty in right of Ontario (r► the appn,val of financing; necessary to carry and carried not by an agent of Her Majesty in nut any part of the undertaking;or tight of Ontario who is not, (f) the actptisitiott of land, (,►) a Minister of the Crown; (Iol Sohsection (8) does not apply to the pmpowd (h) acting on behalf of a Minister of the waste disposal site of The Regional fllunicipality of Grown; or I lalttm at the Sill'in(Ile Town of Miltun known as site 'F'. 0. Reg. 885/80,s. 1 0). (t) defined as a public body, 6.-11) Notwithstanding section S, ml unler(ak. are exempt from the provisions of the Act. O. Reg. ing which consists of establishing, constructing and 8360'76,s. 6(2). operating a new hydroelectric generating facility in the Go Home lake area of Ontario and associated N. Notwithstanding section 7, an undertaking transmission and transformation facilities is not that is being carried out by the ,Minister of exempt from the provisions of the Earironurrnrol Government Services on behalf of or at the request ' :lisrssrntn! Art and in this section "hydro-electric of, generating facility"includes a danvor other water star• age or diversion facility for the purpose of storing, (n),a Minister of Ile Crown named in section 7; diverting or condticling water for the generation of or electricity. 0. Reg. 816/78, s. 1. IA) an agent of the Prawn exempted by section 7, 11) Notwithstanding section 5, an undertaking Ihat consists of establishing,constructing and operating an that would be subject to the Act hilt for section 7 is not cast•wcsl arterial road located in the City of ('an)- exempt from the Act. O. Reg. 8.16/76, s. 7, i bridge,running easterly from the proposed I lighway 8 1 Bypass in the direction of Franklin Boulevard and any 9.--4 I) In this section, associated facilities is not exempt from the provisions of j� the Act. 0. Reg. 8/80, s. I. fill 'aulhnrily".means an authority within the t nneaning il( the (:r►nsrrnafion Authorities 7.-11) All undertakings and ;classes of under- Ar'1; takings by or on behalf of Her Majesty in right of Ontario and carried out by. (h) ''change in u,e" when used with respect to slant reconstruction mean, the addition of new u.os or changing the highest level (a) the Minister of Revenue; at which water may be stored; (D) the Minister of Labour; (I) "commeneentent date"means. (c) the Minister of Correctional Services: (i) where contracts are to he awarded for the carrying out of part or all (d) the Attorney General; of the construction involved in the r the Minister of Colleges and Universities: undertaking, the date on which the 1 ) g first such contract is awarded,and V) the Solicitor General; (ii) where no such contract k to be awvded, the dale on which con- (g) the Minister of Community and Social .tructioncommences; i Services; I(1) "cost" n►eans the estimated total cost of (A) the Minister of Consumer and Commercial the implementation of an undertaking at Relations; the time of its approval under the Con. cr►tvrlr=.n :luth mFres :f<r'by the Minister (I) the Minister of Education; of Nntutal Resources exclusive of any costs I � I Reg. 291 ENVIRONNIENTAL ASSESSMENT 319 for the acquisition of land or for any date Luling on ur hefoie tlo• date leasibilily sludtrs and design rarnrd 0111 In folunnt l of the 1.ahlr nl)pn•Ifr \� lilt (lit' unletlrtklng, or the opera loll of (he ftot apph(ahlc item rrl Colunul l the undertaking; t (e) "dam reconstruction" means the recon• TABLE Alruction or rebuilding of a dam (hat Involves a change in use of the dam or Curl"IN I Co1.t•Hx 2 reservoir from, - (i) the use being made immediately I}prof Work Date prior to the reconstruction taking 1 place,or Conn of Iron of Dams (ii) a use being made within the ten and krsen•oirs December M. 1980 years immediately prior to the re- Channrhiutual, 4tahil• construction taking place where the ivallon or Divvr�ion construction involves the repair of of 1t'alwrnur.r. 11,•,v vin hrr ,il, 19N1 a dam which has been wholly or partly inoperable due to damage. Con't1urloll of Uy(;es * O. Reg. 636/77, s, 1,part;U. Reg. 468/80, S. 3. and Lvve•s December 31, 1982 (2) An undertaking by an authority, for which Lake Shoreline Altera- tion including creation an environmental assessment k not submitted, is of new shoreline December .11, 1983 exempt from the provisions of the Act if, I)anl krconstnlction December .i1, 198.1 * (a) the undertaking, -;, C ost of the undertaking were scheduled Wildlife, including fish, G (i) was approved by the Minister of llamlat Nlanipula- Natural Resources on or before the tion Derembl•r .11, 1985 ° 31st day of January, 1978, and G All utJmrtYpes Ueremhrr .il, 1986 was on a list of undertakings submit. . ted to the Minister on or before the 4th day of July, 1978 by the authority (,i) For the purpo>es of thi. .ection, an under• proposing to carry out the undertak- taking shall he deemed to be a work described in ing and the list indicated that con- Column 1 of the Table where any part of the under- tracts for at least 1S per cent of the taking is a work described in the said Column I. to he awarded on or before the 31st (•t) Ali ondcriaking v%enlllf mnder clause (11 (u) day of December, 1980;or teases to hr e\enlfd under lhat 1 Loiw wish rcy,erl to (D) the undertaking is solely for the purpose those par(, of II that wen• not ronllJrted h'\ Ille .tlst of, how of I by enibrr, 1980. nuless 1 onfr;trts for al least 15 per rent of the cost of the underi.lking were awarded (i) reforestation and woodloi manage-. by the 310 day of December, 19so. ment, (5) Nofwifbstanding whscclirm (1), lilt, acti\ilics of the (;land River Conservation Authority r))n- (ii) restocking of indigenous wildlife, or listing of Illy plallning, de,Igiong, providing*, r•on• � * stiucUng, operatnlg n1 n•luing of water control (iii) provision of conservation area work- facilities for which Grand River Conservation shops and administration build- Authority General Membership Resolution Number ings, 32.75 requires that an I:nclrunmrntal Impart Assrssn rw he carried out are designated as under- or any combination thereof;or takings to which the Act applies. (c) the undertaking, (6) 'flu• arqulsitlon of land or inleresfs in land ht• an authority is exempt from the provisions of (i) has a cost of not more than suhsection S (1) of the Act. O. Reg. 6,16/71, 4 =1,000,000, and S. 1,part (ii) has, for work described in Column 1 10, Thv undertaking of making a loan, giving it of the Table, a commencement grant, giving a guarantee of debts or issuing or '1 * - new clause (f) to create additional minor exemptions for conservation authorities clause (a) remade to 'move misplaced line (2nd line) to correct location (blank in (ii) ) - clause (b) expanded-(iii) expanded, (iv) (v) & (vi) new _ _ - December 3 , 1981 changed to 1982 J20 IA4Vlll014Nll,N I Al, AH!&YiNlLN I keg, 111.1 4 granting a licence, Permit, approval, permission or the Ai I. %%here an ens ironnuvnial a»w,snivw of an consent is exempt from the provisions of subset- undvriakine is �uhnntied. all Pro%isims of the Art d" lion S(1)of the Act, O. Reg. 836/76, s, 9. apply in rv,pect of Thal midertakhig. .(7, keg. 8/%o, 11. Notwithstanding any provisions of this Regula- tion exempting any undertaking from the provisions of Form I Environmetitat Assessment Art SUMMARY FORM FOR AN ENVIRONMENTAL. ASSESSMENT SUBMISSION Re: An Environmental Assessment received from...................... ...... .................... (name of proponent) for ....... ...., .. .......... to be located in .... .. . ► titleof Undertaking)� ( g) (location(s) of undertaking) Environmental Assessment Number ....,..... (Number to he issued by the .tlinistry of the Environment) For the public brnefit, in a rrsumr of an Environmental Assessment, the following headings should be expanded upon and cross-indried to the Environmental Assessment where applicable. Additional headings can be used and any inapplicable headings deleltd. RESUME: 1. Purpose of the Undertaking. 2. Description of the Undertaking. 3, Justification of the need for the Undertaking. ' 4, Description of possihle alternatives to the Undertaking. S. Alternative implementation methods for both the Undertaking and the alternatives to it. 6. Geographic areas/boundaries within which the Undertaking will be executed, and the same for the alternatives. Included should be a well marked,legible map. (This may be a 1:50,000 scale topographic map,plus a smaller simplified one for publication purposes). 7. The environment affected or posrialy affected, either dnrctly or indirectly for the arras mentioned in Win 5, This would include the actual effects or possible rgrils of the vanous methods of carrying out the Undertaking and the alternatives,and may be explained an a map. 8, Remedial measures far any adverse effects mentioned in ilem 7. 9. Advantages and disadvantages to the environment of the Undertaking and the alternatives. 10. All studies and reports done in connection with the Undertaking or matters related to the Undertaking, under the control of the Proponent: list studies and reports. 11. All studies and reports done in connection with the Undertaking or matters related to the Undertaking of which the Proponent is aware which are not under the control of the Proponent: list studies and reports. ADDITIONAL INFORMATION: Additional information,if any,may include such things as: agencies or authorities contacted, lists of public meetings affecting any decision�elahng to the Undertaking, etc. WORDS IN ITALICS, OTHER THAN NAMES OF FORMS OR THE ACT, MAY III: OMITTED. O. Reg. 836/76, Form 1. * New Section 12 - exemption for all research undertakings j 0. Rcg. 383/81 2351 lotion 468/80, are revoked and the following subsliluted Iherefor: (a) at least 25 per cent of the estimated cost of the undertaking; is scheduled to be spent or construction contracts for at least 25 per cent of the estimated cost are scheduled to be let, before the 31st day of December, 1983 and prior to the 3rd day of June, 1980, 0) the undertaking was authorized by a resolution or by-Iaw of the council or other governing body of the munici- pality, (ii) land was acquired by or on behalf of file municipality for the purpose of implementing the undertaking, or (iii) the municipality or some other expropriating authority acting on behalf of the mwilciluthty had served notice wider the Expropriations Act of an application for approval to expro- priate land to be used for the purpose '1111H ENVINONAIKN'1'i\I, ASSI:SSMEN'1• of implenumtiog the undertaking; A(:I', 1975 `i O. Reg.383/81. General. * (i it is an undertaking of a type that, save that Made—June 5th, 1981. the proponent is not the Minister of Trans- Filed—June 51h, 19x1. portation and Communications, is similar to any listed under"8"in the key contained in the Order of the Minister dated the 151h day of August, 1978 and published as number REGULATION TO AMEND M1'C-I.l in the issue of TIIE ONTARIO ONTARIO REGULA'T'ION 836/76 GAZETTE dated the 16th day of September, MADE UNDEIR "1'111: 1978 and construction of the undertaking is � ENVIRONMENTAL ASSESSMENT AC'f, 1975 cone'lence*hufure the,31st dayof December, 1981. 1. Clauses 5 (5) (a)and (d)of Ontario Regulation 836/76, as made by section 2 of Ontario Regu- (7471) 25 * R.R.O. , 1980 in effect changes (d) to (f) ** New Regulation changes date to December 31 , 1982 �I I i Regulations THE ENVIRONMENTAL ASSESSMENIT (ii) an undertaking of a type described in ACT clause(4)(f)unless it is a work being provided for the management of 0. Reg. 841/81. storm water from the subdivision and General other adjacent lands of the sub- Made—December 17th, 1981. divider; or Filed—December 17th, 1981. (i) it is a transfer of land initiated by the owner of the land, REGULATION TO AMEND (i) in a hardship situation, or REGULATION 293 01, REVISED REGULATIONS OF ONTARIO, 1980 (ii) as part of an arrangement whereby MADE UNDER THE the municipality is to provide a fence ENVIRONMENTAL ASSESSMENT ACT in return for a transfer of land. 1. Section 1 of Regulation 293 of Revised Regula- (2) Subsection 5 (4) of the said Regulation is tions of Ontario, 1980 is amended by adding amended by striking out "or" at the end of thereto the following clause: clause (e), by adding"or"at the end of clause (aa) "hardship"means a situation where a person (f)and by adding thereto the following clause: needs to sell his property quickly for health or (g) an undertaking of a type that, save.that the financial reasons or to settle an estate but is proponent is not Ontario Hydro, is, unable to do so at a fair market value or where he has been refused a building permit (i) described in Orders of the Minister because an undertaking, planned or pro- dated the 14th day of October, 1976 posed, involving his property has not and published as numbers OHE-5, received approval under the Act; OHG-7 and OHL-12 in the issue of 2.—(I) Clauses 5 (3) (a), (e) and (h) oC the said The Ontario Gazette dated the 13th day of November, 1976 and Regulation are revoked and the following sub- stituted therefor; (ii) except in the case of communication (a) subject to subsection (4), it has an estimated `• towers, designed to operate at a volt- cost of not more than$2,000,000 provided it age of 115 kilovolts or more. is not an undertaking of a type described in (3) Clause 5 (5)(c)and clause 5(5)(f),as remade clause (5) (b), (c), (d), (e)or (f); by section I of-Ontario Regulation 383/81, of the said Regulation are revoked and the fol- lowing substituted therefor: (e) it is a waste disposal site that, (c) it is an undertaking that consists of the (i) is a transfer station for domestic waste expansion of an existing water works or sew- that uses portable containers, age works or a water works provided for in a (ii) is an organic soil conditioning site subdivision agreement for which an approval certified under the Environmental under section 23 or 24 of the Ontario Water Protection Act, Resources A is issued prior to the 31st day of December, 1982 and for which construc- (iii) is a transfer station for processed tion is commenced prior to the 31st day of organic waste located at the sewage December, 1983 and,in the case of an expan- treatment works where it is generated sion to a sewage treatment facility, the or at the organic soil conditioning site expansion is located at the site of or abutting where it is disposed of, or an existing sewage treatment facility; (iv) is a site certified under section 31 of the Environmental Protection Act for • the disposal of waste other than (f) it is an undertaking of a type that, save that hauled liquid industrial waste or the proponent is not the Minister of Trans- hazardous waste as designated in reg- portation and Communications, is similar to ulations made under subsection 136 any listed under"B"in the key contained in (4) of the Environmental Protection the Order of the Minister dated the 15th day Act; of August, 1978 and published as number MTC-13 in the issue of The Ontario Gazelle dated the 16th day of September, 1978 and advertising of tenders for the undertaking (h) it is a work provided for in a subdivision has occurred prior to the 31st day of agreement ecember, 1982; or between a municipality and a i subdivider other than, ** (g) it is an undertaking that consists of the con- (i) an undertaking of a type described in struation of municipal non-profit housing Li clause (4) (b), (c), (d), (e) or (g), or facilities where advertising of tenders for the undertaking has occurred prior to the Ist day of July, 1983. ** replaced by clause 5 (5) (g) of new regulation REGULATION TO AMEND REGULATION 293 OF REVISED REGULATIONS OF ONTARIO,- 1980 MADE UNDER THE ENVIRONMENTAL ASSESSMENT ACT l.- (l) Clause 5 (5) (d) and clause 5 (5) (g) , as made by subsection 2 (3) of Ontario Regulation 841/81, of Regulation 293 of Revised Regulations of Ontario, 1980 are revoked and the following substituted therefor : (d) it is an undertaking of a type with respect to which the Minister issued a notice under clause 7 (1) (b) of the Act on the 25th day of February, 1980 , for the environmental assessment submitted by the Toronto Area Transit Operating Authority as number B-1 or on the 5th day of March, 1980, for one of the environmental assessments submitted by the Toronto Area Transit Operating Authority as number B-2 , B-3 or B-4 and construction of the undertaking is commenced on or before the 31st day of December , 1982. I (�) it is an undertaking that consists of the provision of municipal non-profit housing facilities where, A, (i) in the case of non-profit housing facilities to be constructed for j the municipality pursuant to tenders, the advertising of tenders for the undertaking has occurred, or i ( ii) in the case of non-profit housing facilities to be provided in some way other than that described in subclause ( i) , the municipality has entered into a contract with the person who will provide the housing for the municipality for such purposes, prior to the lst day of July, 1983 . (2) Subsection 5 (6) of the said Regulation is revoked and the following substituted therefor : (6) An exemption under clause (5) (a) ceases to apply with respect to those parts of the undertaking that are not completed by the 31st day of December, 1983 unless at least , 25 per cent of the estimated cost of the undertaking has been spent or construction contracts for at least 25 per cent of the estimated cost have been let before the 31st day of December, 1983. 2 . Subsection 6 (1) of the said Regulation, as remade by section 3 of Ontario Regulation 841/81, is revoked and the following substituted therefor : Notwithstanding section 5, an undertaking which consists of establishing, constructing and operating a new hydro-electric generating facility in the''Go Home Lake area of Ontario and associated transmission and transformation facilties is not exempt from the provisions of ^i the Environmental Assessment Act and in this section "hydro-electric generating' facility" includes a dam or other water storage or diversion j facility for the purpose of storing, diverting or conducting water for the generation of electricity. 'i I 1