Proposed amendments to Regulation 334 under the Environmental Assessment Act

Description of regulation

Regulation 334 is a general regulation under the Environmental Assessment Act which sets out additional detail regarding the application of the Environmental Assessment Act.

The Ministry of Infrastructure is planning to request the following amendments to Regulation 334:

• Replace the term public work with government property consistent with recent changes to the Ministry of Infrastructure Act, 2011 which will be effective on December 10, 2016;
• Exempt undertakings related to forfeited corporate property from the application of the Environmental Assessment Act, when carried out:
  • by or on behalf of the Minister responsible for administering the Forfeited Corporate Property Act, 2015 (currently the Minister of Infrastructure) or,
  • by Ontario Infrastructure and Lands Corporation (Infrastructure Ontario);
• Permit ministries and agencies of the provincial government to use the Ministry of Infrastructure’s Class Environmental Assessment for Public Works to assess their projects on government property.

The amendments would also include updating names of ministries that were re-named or re-aligned on June 13, 2016.

Purpose of regulation

The amendments to Regulation 334 are being proposed to ensure consistency with recently approved changes to legislation and existing requirements regarding the application of the Environmental Assessment Act, and to support other ministries and agencies in meeting government objectives and commitments.

The proposed amendment updating the term public work to government property would be a simple housekeeping change to ensure consistency with the Ministry of Infrastructure Act, 2011.

The proposed exemption for undertakings related to forfeited corporate property is intended to maintain consistency with the current treatment of these properties. Currently, the Public Guardian and Trustee has authority to dispose of forfeited corporate property – property that becomes the Crown’s when the corporate owner dissolves. Undertakings of the Public Guardian and Trustee do not require an environmental assessment.

As of December 10, 2016, the Minister of Infrastructure will have sole jurisdiction over forfeited corporate real property. The proposed amendment to exempt undertakings on forfeited corporate property would facilitate returning these properties, which were not acquired for provincial program use, to productive use in a timely manner. It would also maintain the current environmental assessments requirements and help minimize fees charged to the public for the processing of applications in relation to forfeited corporate property.

The proposed change to allow ministries and agencies to use the Ministry of Infrastructure’s Class EA to assess their projects on government property is intended to support those entities in delivering projects to meet government objectives and commitments and meeting environmental obligations. This proposal would allow projects on government property to be assessed using the same methodology, regardless of which part of the Crown is undertaking the project.

Public consultation

This proposal was posted for a 45 day public review and comment period starting July 22, 2016. Comments were to be received by September 05, 2016.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.