Supporting Growth and Housing in York and Durham Regions Act, 2022, S.O. 2022, c. 21, Sched. 10

• Jurisdiction: Ontario

Supporting Growth and Housing in York and Durham Regions Act, 2022

S.o. 2022, chapter 21
Schedule 10

Consolidation Period: From November 28, 2022 to the e-Laws currency date.

Last amendment: 2022, c. 21, Sched. 10, s. 85.

CONTENTS

PART I
INTERPRETATION

Definitions

1 In this Act,

“2022 York Region Water and Wastewater Master Plan” means the master plan for York Region’s water and wastewater services titled “2022 York Region Water and Wastewater Master Plan” dated August 2022; (“2022 York Region Water and Wastewater Master Plan”)

“aboriginal or treaty rights” means the existing aboriginal or treaty rights recognized and affirmed in section 35 of the Constitution Act, 1982; (“droits ancestraux ou issus de traités”)

“Agency” means the Ontario Clean Water Agency; (“Agence”)

“building” has the same meaning as in the Building Code Act, 1992; (“bâtiment”)

“business day” means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006; (“jour ouvrable”)

“construct” has the same meaning as in the Building Code Act, 1992; (“construire”)

“delegate” means an entity to which a power or duty has been delegated under section 51; (“délégataire”)

“environment” has the same meaning as in the Environmental Assessment Act; (“environnement”)

“Durham Region” means the Regional Municipality of Durham; (“région de Durham”)

“highway” has the same meaning as in the Municipal Act, 2001; (“voie publique”)

“immediate danger” means a danger or hazard that,

(a) poses an immediate risk of danger to the health and safety of persons constructing the York Region sewage works project, or

(b) if construction is not underway but the start of construction is imminent, would pose an immediate risk of danger to the health and safety of persons constructing the York Region sewage works project; (“danger immédiat”)

“Lake Simcoe phosphorus reduction project” means a sewage works for the capture, conveyance and treatment of drainage from the Holland Marsh to remove phosphorus before discharge into the West Holland River, including or excluding any associated or ancillary equipment, systems and technologies or things that may be prescribed; (“projet de réduction du phosphore dans le lac Simcoe”)

“Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“permit” means a permit issued under section 17; (“permis”)

“person” includes a municipality; (“personne”)

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

“preview inspection” means an inspection under section 34; (“inspection préalable”)

“project land” means land designated as project land under section 52; (“terre ou bien-fonds affecté à un projet”)

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

“sewage” has the same meaning as in the Ontario Water Resources Act; (“eaux d’égout”)

“sewage works” has the same meaning as in the Ontario Water Resources Act; (“station d’épuration des eaux d’égout”)

“stop-work order” means an order under section 38; (“arrêté de cessation des travaux”)

“Upper York Sewage Solutions Undertaking” means the undertaking described in York Region’s Upper York Sewage Solutions Environmental Assessment Report dated July 2014; (“entreprise de solutions pour la gestion des eaux d’égout dans Upper York”)

“utility company” means a municipality, municipal service board or other company or individual operating or using communications services, water services or sewage services, or transmitting, distributing or supplying any substance or form of energy for light, heat, cooling or power; (“entreprise de services publics”)

“utility infrastructure” means poles, wires, cables, including fibre-optic cables, conduits, towers, transformers, pipes, pipe lines or any other works, buildings, structures or appliances placed over, on or under land or water by a utility company; (“infrastructure de services publics”)

“YDSS Central system” means the sewage works described as “YDSS Central” in the 2022 York Region Water and Wastewater Master Plan; (“portion centrale du réseau d’égout de York-Durham”)

“YDSS North system” means the sewage works described as “YDSS North” in the 2022 York Region Water and Wastewater Master Plan; (“portion nord du réseau d’égout de York-Durham”)

“York Durham Sewage System” means the sewage works described collectively as the “YDSS North, YDSS Central, YDSS South, and YDSS Primary system” in the 2022 York Region Water and Wastewater Master Plan; (“réseau d’égout de York-Durham”)

“York Region” means the Regional Municipality of York; (“région de York”)

“York Region sewage works project” means the improvement, enlargement, extension and any other modifications of the York Durham Sewage System in York and Durham Regions to convey sewage, including sewage from the towns of Aurora, East Gwillimbury and Newmarket, for treatment at the Duffin Creek Water Pollution Control Plant in Durham Region and discharge into Lake Ontario, including or excluding any associated or ancillary equipment, systems and technologies or thing that may be prescribed. (“projet de station d’épuration des eaux d’égout dans la région de York”)

PART II
REVOCATIONS

Revocations

2 (1) The following are revoked:

1. The order, dated October 1, 2004, with the file number ENV1283MC-2004-5305, in respect of the York-Durham Sewage System project that was issued by the Minister to the Region under section 16 of the Environmental Assessment Act, requiring the Region to comply with Part II of that Act before proceeding with the projects specified in the order.

2. The approval, dated March 11, 2010, with the file number 02-04-03, of the terms of reference that forms part of the application for the Upper York Sewage Solutions Undertaking approved under section 6 of the Environmental Assessment Act.

3. Any other prescribed document or instrument issued under the Environmental Assessment Act that is related to the York sewage works project or the Lake Simcoe phosphorus reduction project.

Application withdrawn

(2) The application submitted for approval by York Region dated July 25, 2014 under section 6.2 of the Environmental Assessment Act shall be deemed to have been withdrawn and, for greater certainty, the Minister is not required to make a decision about that application.

Exception

(3) For greater certainty, subsections (1) and (2) do not apply to any portion of the undertaking described in Order in Council 399/2018 made under the Environmental Assessment Act.

PART III
REQUIREMENTS TO PROVIDE SEWAGE WORKS

Regions to construct sewage works project

3 (1) York Region and Durham Region shall, in accordance with subsections (2) and (3), work together to do everything in their respective powers to develop, construct and operate the York Region sewage works project.

Specific requirements

(2) The York Region sewage works project must,

(a) have sufficient capacity to meet the total combined average daily wastewater flows forecasted to flow to the Duffin Creek Water Pollution Control Plant and the Water Reclamation Centre in 2051 in figures 2.1 and 2.2 of Appendix A to the 2022 York Region Water and Wastewater Master Plan;

(b) include improvements and upgrades to the YDSS North system to accommodate the flows described in clause (a);

(c) include improvements and upgrades to the YDSS Central system, which, at a minimum, consist of upgrades and improvements to the Yonge Street trunk sewer between Bloomington Road and 19th Avenue to accommodate the flows described in clause (a);

(d) meet all prescribed timelines for the development, construction and operation of all or part of the project;

(e) improve, enlarge and extend the York Durham Sewage System in an efficient and cost-effective manner; and

(f) be developed, constructed and operated in accordance with the regulations, if any.

Consultation required, etc.

(3) York Region and Durham Region shall not submit an application for an environmental compliance approval under Part II.1 or register under Part II.2 of the Environmental Protection Act in respect of the York Region sewage works project until,

(a) the report required under section 4 has been completed to the Minister’s satisfaction;

(b) the consultation required under section 5 has been completed to the Minister’s satisfaction; and

(c) any other prescribed requirements have been completed.

Report

4 (1) Immediately following the coming into force of this subsection, York Region and Durham Region shall commence the preparation of a report, in accordance with subsection (2) and the regulations.

Details in report

(2) The report required under subsection (1) must contain details of,

(a) the work required to meet the requirements of section 3;

(b) any associated cost of the work that is required to be detailed under clause (a);

(c) the approvals required to meet the requirements of section 3;

(d) the impacts to the environment of the project and the mitigation of those impacts; and

(e) anything else required by the Minister.

Report to be completed

(3) The report required under this section must be completed before the date specified by the Minister.

Report to be made public

(4) Promptly after completing the report required under this section, York Region and Durham Region shall,

(a) provide the report to the Minister;

(b) make the report publicly available on their respective websites; and

(c) provide the report to each Indigenous community identified on the list provided by the Minister under subsection 5 (4) for the purposes of the consultation required under section 5.

Revised report

(5) The Minister may require York Region and Durham Region to make revisions to the report provided to the Minister under subsection...