Bill 123, Environmental Assessment Amendment Act, 2008

Bill 123 2008

An Act to amend the Environmental Assessment Act

Note: This Act amends the Environmental Assessment Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

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

   1.  The Environmental Assessment Act is amended by adding the following section:

Restriction on municipal proponents

   5.0.1  (1)  If a regional municipality, lower-tier municipality, municipality, county or township is a proponent of an undertaking, it is entitled to apply to the Minister for approval to proceed with the undertaking only if the proposed terms of reference governing the preparation of the environmental assessment, and the environmental assessment itself, relate to lands situated wholly within its boundaries. 

Exception

   (2)  If a regional municipality, lower-tier municipality, municipality, county or township is a proponent of an undertaking, it is entitled, despite subsection (1), to apply to the Minister jointly with one or more such municipal proponents if the proposed terms of reference governing the preparation of the environmental assessment, and the environmental assessment itself, relate to lands situated only within the boundaries of those municipal proponents. 

No review by Minister

   (3)  The Minister shall not review an application made under subsection (1) or (2) unless the condition set out in the relevant subsection is satisfied. 

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Environmental Assessment Amendment Act, 2008.

EXPLANATORY NOTE

The Bill provides that certain municipal proponents may only apply for an approval of an environmental assessment if the environmental assessment relates to lands wholly situated within the territory of the municipal proponent. Joint applications by more than one municipal proponent are permitted where the environmental assessments relate to lands within the boundaries of the joint applicants.