ONTARIO LINE PROJECT, O. Reg. 341/20

JurisdictionOntario

ontario regulation 341/20

made under the

Environmental Assessment Act

Made: June 30, 2020
Filed: June 30, 2020
Published on e-Laws: June 30, 2020
Printed in The Ontario Gazette: July 18, 2020

Ontario Line Project

Definitions

Definitions

1. In this Regulation,

“ancillary facilities” includes any maintenance yards, transmission lines or transmission stations;

“ancillary works” means modifications to existing infrastructure including roads, bridges or utility corridors;

“early works” means any components of the Ontario Line Project that Metrolinx proposes to proceed with before the completion of the Ontario Line assessment process, such as station construction, rail corridor expansion, utility relocation or bridge replacement or expansion;

“early works assessment process” means the process set out in sections 8 to 14 and section 21;

“Metrolinx” means the corporation continued under section 2 of the Metrolinx Act, 2006;

“Ontario Line Project” means,

(a) an enterprise or activity that is the planning, designing, establishing, constructing, operating, changing or retiring of a facility or service for the transportation of passengers by rail that begins near the Ontario Science Centre and terminates near Ontario Place in the City of Toronto and includes any ancillary facilities used to support or facilitate the transportation of passengers by rail and ancillary works needed to establish, construct, operate, change or retire those facilities or services, or

(b) a proposal, plan or program in respect of an enterprise or activity described in clause (a);

“Ontario Line project assessment process” means the process set out in sections 3 to 7 and 15 to 21.

Exemptions

Exemptions

2. (1) The Ontario Line Project, other than early works, is exempt from Part II and subsection 13 (3) of the Act if Metrolinx complies with the Ontario Line project assessment process.

(2) Early works are exempt from Part II and subsection 13 (3) of the Act if Metrolinx complies with the early works assessment process.

(3) Subsections 12.2 (2) and (6) of the Act do not apply to,

(a) the Minister of the Environment, Conservation and Parks with respect to any permit that Minister may issue under section 17 of the Endangered Species Act, 2007 related to the Ontario Line Project; and

(b) the Minister of Heritage, Sport, Tourism and Culture Industries with respect to any consent that Minister may issue for the purpose of compliance with subsection 25.2 (6) of the Ontario Heritage Act related to the Ontario Line Project.

List of Indigenous communities

List of Indigenous communities

3. Before preparing the draft environmental conditions report, Metrolinx shall obtain from the Director of the Ministry’s Environmental Assessment Branch a list of Indigenous communities that, in the opinion of the Director, have or may have existing aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982, that may be negatively impacted by the Ontario Line Project.

Environmental Conditions Report

Draft environmental conditions report

4. (1) Metrolinx shall prepare a draft environmental conditions report in accordance with subsection (3).

(2) In preparing the draft environmental conditions report, Metrolinx shall request every Indigenous community that is identified on the list provided by the Director described in section 3 to advise it in writing of any negative impact that the Ontario Line Project may have on their existing aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982.

(3) The draft environmental conditions report must contain the following:

1. A statement of the purpose of the Ontario Line Project and a summary of background information relating to it.

2. The description of the Ontario Line Project.

3. A map showing the area studied in respect of the Ontario Line Project.

4. A description of the local environmental conditions in the area studied in respect of the Ontario Line Project.

5. A description of all studies undertaken in relation to the Ontario Line Project, including,

i. a summary of all data collected or reviewed, and

ii. a summary of all results and conclusions.

6. A preliminary description of the potential impacts that the Ontario Line Project might have on the environment that have been identified to date and an indication of how those impacts will be studied and described in further detail in the environmental impact assessment report.

7. A description of any potential measures for mitigating any negative impacts that the Ontario Line Project might have on the environment.

8. A description of the future studies that will be carried out as part of the environmental impact assessment report to determine potential impacts to the environment caused by the Ontario Line Project and the potential measures for mitigating any negative impacts in respect of them.

9. A preliminary list of the potential municipal, provincial, federal or other approvals or permits that may be required for the Ontario Line Project.

10. A consultation record, including,

i. a description of the consultations carried out with Indigenous communities and interested persons,

ii. a list of the Indigenous communities and interested persons who participated in the consultations,

iii. summaries of the comments submitted by Indigenous communities and interested persons,

iv. a summary of discussions that Metrolinx had with Indigenous communities, and copies of all written comments submitted by Indigenous communities,

v. a description of what Metrolinx did to respond to concerns expressed by Indigenous communities and interested persons, and

vi. any commitments made by Metrolinx to Indigenous communities and interested persons in respect of the Ontario Line Project.

Notice of publication

5. (1) Metrolinx shall prepare a notice of publication of the draft environmental conditions report that complies with subsection (2) and distribute it as described in subsection (3).

(2) The notice shall include the following information:

1. Metrolinx’s address.

2. The name and phone number and email address of a person who may be contacted on behalf of Metrolinx.

3. A description of the conceptual design of the Ontario Line Project.

4. A statement that the environmental impacts of the Ontario Line Project are being assessed in accordance with this Regulation.

5. A map showing the study area in respect of the Ontario Line Project.

6. Information on how to obtain a copy of the draft environmental conditions report.

7. Information about any opportunities Metrolinx is providing for consultation about the draft environmental conditions report.

8. Information on how comments about the draft environmental conditions report can be submitted to Metrolinx.

(3) Metrolinx shall distribute the notice by,

(a) giving a copy of the notice to,

(i) the Director of the Ministry’s Environmental Assessment Branch,

(ii) the Director of the Ministry’s Central Region Office,

(iii) every Indigenous community that is identified on the list provided by the Director described in section 3, and

(iv) any other person who, in the opinion of Metrolinx, may be interested in the Ontario Line Project; and

(b) publishing the notice in a manner that, in the opinion of Metrolinx, will promptly bring the notice to the attention of interested persons in the study area.

(4) For the purposes of identifying persons who may be interested in the Ontario Line Project under subclause (3) (a) (iv), Metrolinx shall have regard to Schedule 2 of Ontario Regulation 231/08 (Transit Projects and Metrolinx Undertakings) made under the Act.

(5) Metrolinx shall also post the notice on its website.

Consultation on environmental conditions report

6. (1) Metrolinx shall, in accordance with subsection (2), consult with,

(a) Indigenous communities that have existing aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982, that may be negatively impacted by the Ontario Line Project; and

(b) persons who, in the opinion of Metrolinx, may be interested in the Ontario Line Project.

(2) Metrolinx shall provide all of the Indigenous communities and persons to whom a copy of the notice under clause 5 (3) (a) is given with an opportunity to participate in the consultation.

(3) Subject to subsections (4) and (5), the consultation shall be conducted in the way Metrolinx considers appropriate.

(4) As part of the consultation, Metrolinx shall ensure that all of the persons and Indigenous communities to whom a copy of the notice under clause 5 (3) (a) is given are provided with access to a copy of the draft environmental conditions report.

(5) As part of the consultation, Metrolinx shall discuss with each Indigenous community,

(a) any existing aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982, that are identified by the community as potentially being negatively impacted by the Ontario Line Project; and

(b) measures for preventing, mitigating or remedying potential negative impacts on the rights referred to in clause (a), including any measures identified by the community.

Final environmental conditions report

7. (1) Following the consultation described in section 6, Metrolinx shall update the draft environmental conditions report and publish a final environmental conditions report on its website.

(2) Metrolinx shall ensure that all of the Indigenous communities and persons to whom a copy of the notice under clause 5 (3) (a) are given are notified of the publication of the final environmental conditions report and are provided with access to a copy of it.

Early Works

Draft early works report

8. (1) Metrolinx may prepare one or more draft early works reports in accordance with subsection (2).

(2) A draft early works report must contain...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT