Administrative amendments to the 2011 harmonization order for the Marathon platinum group metals and copper mine project environmental assessment

ERO number
019-4980
Notice type
Regulation
Act
Environmental Assessment Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
October 12, 2022 - November 11, 2022 (30 days) Closed
Last updated

There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.

This consultation was open from:
October 12, 2022
to November 11, 2022

Decision summary

We have decided to update the existing harmonization order for the Marathon Palladium Project. This will ensure that the harmonization order is consistent with the Environmental Assessment Act, as amended.

Decision details

No concerns were expressed on the proposed administrative amendments. As a result, no further substantive revisions are needed for the amending order. The amending order for the 2011 harmonization order is minor in nature and clarifies and updates wording and section number references.

Comments received

Through the registry

0

By email

0

By mail

0
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Effects of consultation

Two comments were submitted on the proposed amendments to the 2011 harmonization order. Comments involved questions about the addition of provisions to the harmonization order specifying that a condition of approval can set out a process for changes to the Project and whether the proposed amendments were related to legislation introduced in 2021, the Supporting People and Businesses Act, 2021. The changes made to the Environmental Assessment Act by the Supporting People and Businesses Act, 2021 relate to class environmental assessments and their approvals. No concerns were expressed on the proposed administrative amendments. As a result, no substantive revisions were made in response to the consultation.

Supporting materials

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Original proposal

ERO number
019-4980
Notice type
Regulation
Act
Environmental Assessment Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

October 12, 2022 - November 11, 2022 (30 days)

Why consultation isn't required

The Environmental Bill of Rights, 1993 does not require this proposed amending order to be posted for public comment under section 16 (Proposals for regulations). Ontario Regulation 73/94, made under the Environmental Bill of Rights, 1993, deems an order made under subsection 3.1 (3) of the Environmental Assessment Act to be a regulation for the purposes of the Environmental Bill of Rights, 1993 and the regulations made under it. The proposed amending order would not be made under subsection 3.1 (3) of the Environmental Assessment Act; rather, it would be made under subsection 3.1 (2) of the Environmental Assessment Act.

Subsection 3.1 (4) of the Environmental Assessment Act requires that the Minister give public notice of proposed harmonization orders and ensure that members of the public have an opportunity for comment. The proposed amending order is therefore being posted for a 30-day comment period.

Proposal details

Background

The proposed Marathon Palladium Project is undergoing a harmonized federal-provincial environmental assessment through a Joint Review Panel process. This allows for a single, comprehensive assessment of potential benefits and impacts of the project before any decisions are made by Canada and Ontario.

Section 3.1 of the Environmental Assessment Act allows the Minister of the Environment, Conservation and Parks (Minister) to harmonize, through an order, the requirements of the Environmental Assessment Act with those of another jurisdiction (e.g. Canada) for a project that is subject to the requirements of both jurisdictions. This provision allows the Minister to change or remove provincial environmental assessment requirements in order to coordinate two separate environmental assessment processes into a single, harmonized process.

In 2011, the provincial and federal Ministers of the Environment signed an agreement (referred to as the Joint Review Panel Agreement) to establish a Joint Review Panel for the environmental assessment of the proposed Marathon Platinum Group Metals and Copper Mine Project (now known as the Marathon Palladium Project). On August 9, 2011, the Ontario Minister of the Environment issued a harmonization order under section 3.1 of the Environmental Assessment Act to harmonize federal (under the Canadian Environmental Assessment Act) and provincial requirements for the review of the project through a joint review panel hearing process.

The Joint Review Panel process for the proposed Marathon Palladium Project paused in 2014 and resumed in 2020. Canada and Ontario made administrative amendments to the Joint Review Panel Agreement in January 2021.

Purpose of the proposed amendments to the harmonization order

Bill 197 (COVID-19 Economic Recovery Act, 2020) and the More Homes, More Choice Act, 2019 made amendments to the Environmental Assessment Act. Some of these amendments are already in effect, and some will take effect on a future date yet to be proclaimed. The ministry is proposing to update the harmonization order for the proposed Marathon Palladium Project to reflect these changes to the Environmental Assessment Act and make other administrative updates. For example:

  • Some of the section numbers mentioned in the order would change as a result of the amendments to the Environmental Assessment Act.
  • Some of the provisions mentioned in the order would be repealed or changed as a result of the amendments to the Environmental Assessment Act.

Proposed amendments to the harmonization order

The ministry is proposing an amending order that would amend the harmonization order in two stages.

The first stage would include a set of amendments to the harmonization order to reflect certain amendments to the Environmental Assessment Act that are currently in force. These amendments to the harmonization order would take effect immediately.

The second stage would include amendments to align the harmonization order with amendments to the Environmental Assessment Act related to comprehensive environmental assessments that have not been proclaimed in force. This second set of amendments to the harmonization order would take effect on such future date that the relevant Environmental Assessment Act amendments may be proclaimed.

In addition to the proposed wording of the amending order, attached to this notice (see “Supporting Materials”) are two consolidated versions of the proposed amended harmonization order – one with the Environmental Assessment Act amendments that are currently in force; the second with Environmental Assessment Act amendments that are to be proclaimed.

Comment

Commenting is now closed.

This consultation was open from October 12, 2022
to November 11, 2022

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