York Region Wastewater Act, 2021, S.O. 2021, c. 32 - Bill 5

JurisdictionOntario
Bill Number5
Date20 October 2021

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 5 and does not form part of the law. Bill 5 has been enacted as Chapter 32 of the Statutes of Ontario, 2021.

The Minister’s decision-making on the Upper York Sewage Solutions Undertaking is suspended and all actions by the Regional Municipality of York related to that undertaking are prohibited.

chapter 32

An Act respecting York Region Wastewater

Assented to October 20, 2021

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

Definitions

1 In this Act,

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

“Upper York Sewage Solutions Undertaking” means the undertaking described in the Regional Municipality of York’s Upper York Sewage Solutions Environmental Assessment Report dated July 2014, which includes a water reclamation centre, a project-specific phosphorous off-setting program and modifications to the existing York Durham Sewage System, which was proposed to accommodate population and development growth in the Upper York wastewater service area; (“entreprise de solutions pour la gestion des eaux d’égout dans Upper York”)

“Upper York wastewater service area” means the area proposed to be serviced by the York Region wastewater project and includes areas in the towns of Aurora, East Gwillimbury and Newmarket. (“zone de service des eaux usées dans Upper York”)

No decision by Minister

2 (1) The Minister shall not make any decision under sections 8 to 11.1 of the Environmental Assessment Act in respect of the application for the Upper York Sewage Solutions Undertaking that was submitted for approval by the Regional Municipality of York.

Non-application of s. 10, Environmental Assessment Act

(2) Section 10 of the Environmental Assessment Act does not apply and is deemed never to have applied with respect to the application for the Upper York Sewage Solutions Undertaking that was submitted for approval by the Regional Municipality of York.

Action not to be taken

3 Despite subsection 12.2 (1) of the Environmental Assessment Act, the Regional Municipality of York shall not take any action in respect of the Upper York Sewage Solutions Undertaking.

No cause of action

4 (1) No cause of action arises against the Crown...

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