York Region Wastewater Act

ERO number
019-3802
Notice type
Act
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
June 3, 2021 - July 4, 2021 (32 days) Closed
Last updated

This consultation was open from:
June 3, 2021
to July 4, 2021

Decision summary

The York Region Wastewater Act, 2021, was initially proposed as Bill 306. Bill 306 died on the Order Paper when the Legislature was prorogued on September 3, 2021. As a result, we are not moving forward with this proposal and no decision will be made in respect of Bill 306. This notice is to advise that the proposal is closed.

Decision details

The York Region Wastewater Act, 2021 was first introduced as Bill 306 on June 3, 2021, and posted on the ERO for 31-day public commenting period.

However, Bill 306 died on the Order Paper when the Legislature was prorogued on September 3, 2021. As a result, we are not moving forward with this proposal and no decision will be made on Bill 306.

The government subsequently introduced Bill 5 on October 5, 2021.

Bill 5 was enacted by the Legislature and received Royal Assent on October 20, 2021 and is now in force. For more information see ERO number 019-4438.

Comments received

Through the registry

13

By email

5

By mail

0
View comments submitted through the registry

Effects of consultation

We received 18 submissions during the Environmental Registry consultation period of June 3 to July 4, 2021. Most of the submissions to the ministry did not support moving forward with the legislation. Some of the submissions questioned the rationale for the legislation or provided recommendations such as:

  • expediting the timing of the study
  • how to better address wastewater capacity issues in Upper York Region

We reviewed all the submissions and determined that the key concerns about the proposed legislation include:

  • Nuisance algae issues at the nearshore Lake Ontario may be made worse by considering a Lake Ontario-based solution for wastewater from upper York Region.
  • York Region’s wastewater should be treated in York Region and not in Durham Region.
  • A Lake Ontario solution would potentially result in an increase in York Region’s intrabasin transfer of water which is subject to an international agreement.
  • Delays and costs associated with not making a decision on York Region’s UYSS EA proposal are detrimental to residents and employers waiting for a servicing solution which would allow planned development in the upper part of York Region to proceed.
  • The advisory panel is a delay tactic.
  • Ministry of the Environment, Conservation and Parks staff in its review of the UYSS EA determined that York Region followed the EA process and met the requirements of the Act, and the ministry had no concerns with the assessment.

We also received

  • some comments which supported the legislation
  • requests from agencies and other bodies to participate on the panel

The submissions on Bill 306 were taken into consideration in the development of Bill 5 (see ERO number 019-4438).

The ministry remains committed to strong environmental protections and continuing to protect Ontario’s Lakes and Rivers.

Supporting materials

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Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

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Follow this notice

Original proposal

ERO number
019-3802
Notice type
Act
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

June 3, 2021 - July 4, 2021 (32 days)

Proposal details

Overview

Many years have passed since the Upper York Sewage Solution Environmental Assessment began and more information from technical and other experts is needed to better understand the significant environmental, technical, social and financial implications of any wastewater servicing solution for York Region.

The people of Ontario want confidence that our water resources are protected, now and into the future, by good decisions based on current information.

It has become clear that more information from technical and other experts is needed to better understand the path forward.

That is why the province is proposing legislation that would put a hold on any decision on the Upper York Sewage Solution Environmental Assessment application and plans to establish an Expert Advisory Panel to provide advice to the government concerning all options to provide additional wastewater capacity to accommodate anticipated future growth in York and Durham Regions.

We will continue to work closely with the Regional Municipality of York and Durham Region, municipalities and Indigenous communities to plan and implement this important work while protecting our vital water resources.

We invite feedback from the public, municipalities, indigenous communities and environmental groups on our proposed Act.

Proposal details

Proposed Legislation

If implemented, the proposed legislation would:

  • Put a hold on any decision under 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.
  • Put a hold on any actions to advance the Upper York Sewage Solutions Undertaking.
  • Allow the Lieutenant Governor in Council (LGIC) to repeal the provision that puts the application on hold.
  • Prevent the commencement or continuation of any action or proceeding in respect of the enactment of the Bill.

Background

In 2009, the Regional Municipality of York (York Region) initiated the Upper York Sewage Solutions Environmental Assessment.

The purpose of the Upper York Sewage Solutions Environmental Assessment is to develop a sustainable sewage servicing solution for the upper York area.

In 2011, York Region determined that discharging treated wastewater to either Lake Ontario or Lake Simcoe were both viable alternatives that met the Region’s environmental assessment screening and would meet the Region’s wastewater needs. York Region decided to pursue the Lake Simcoe Innovative solution and submitted the EA focusing on Lake Simcoe.  No decision has been made on the application.  

Given the length of time that has elapsed, in early 2020 the government initiated a re-examination of the possible wastewater servicing alternatives for growth in upper York Region, including the previously envisioned conveyance of wastewater to the Duffin Creek Pollution Control plant.

Our next step in addition to this proposed legislation is to move quickly to establish an Expert Advisory Panel that will provide advice to the government about all options to provide additional wastewater capacity to accommodate anticipated future growth in York and Durham Regions.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from June 3, 2021
to July 4, 2021

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