Bill 16, Respecting Municipal Authority Over Landfilling Sites Act, 2018

EXPLANATORY NOTE

The Bill enacts the Respecting Municipal Authority Over Landfilling Sites Act, 2018. The Act amends the Environmental Assessment Act to provide that the Minister shall not give approval to proceed with an undertaking in respect of a landfilling site within a municipality or on a reserve unless the municipal council or the council of the band, as the case may be, passes a resolution supporting the establishment of the landfilling site. The Act makes a similar amendment to the Environmental Protection Act with respect to the Director issuing an environmental compliance approval in respect of the establishment of a landfilling site.

Bill 16 2018

An Act to amend the Environmental Assessment Act and the Environmental Protection Act to require support from municipal councils and band councils before establishing landfilling sites

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

Environmental Assessment Act

1 (1)  Section 9 of the Environmental Assessment Act is amended by adding the following subsections:

Landfilling site approval

(1.1)  The Minister shall not give approval to proceed with an undertaking in respect of a landfilling site within a municipality or on a reserve unless the municipal council or the council of the band, as the case may be, passes a resolution supporting the establishment of the landfilling site.

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Definitions

(5)  In this section,

"council of the band" has the same meaning as in subsection 2 (1) of the Indian Act (Canada); ("conseil de la bande")

"Indian" has the same meaning as in subsection 2 (1) of the Indian Act (Canada); ("Indien")

"reserve" means a reserve as defined in subsection 2 (1) of the Indian Act (Canada) or an Indian settlement located on Crown land, the Indian inhabitants of which are treated by Indigenous and Northern Affairs Canada in the same manner as Indians residing on a reserve. ("réserve")

(2)  Subsection 9.1 (2) of the Act is amended by striking out "subsection 9 (1)" at the end and substituting "section 9".

Environmental Protection Act

2 (1)  Section 20.3 of the Environmental Protection Act is amended by adding the following subsections:

Landfilling site approval

(3)  The Director shall not issue an environmental compliance approval in respect of the establishment of a landfilling site within a municipality or on a reserve unless the municipal council or the council of the band, as the case may be, passes a resolution supporting the establishment of the landfilling site.

Definitions

(4)  In this section,

"council of the band" has the same meaning as in subsection 2 (1) of the Indian Act (Canada); ("conseil de la bande")

"Indian" has the same meaning as in subsection 2 (1) of the Indian Act (Canada); ("Indien")

"reserve" means a reserve as defined in subsection 2 (1) of the Indian Act (Canada) or an Indian settlement located on Crown land, the Indian inhabitants of which are treated by Indigenous and Northern Affairs Canada in the same manner as Indians residing on a reserve. ("réserve")

(2)  Subsection 20.15 (6) of the Act is amended by striking out "and the Director" and substituting "and, subject to subsection 20.3 (3), the Director".

Commencement

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

Short title

4 The short title of this Act is the Respecting Municipal Authority Over Landfilling Sites Act, 2018.