Administrative amendments to regulations under the Environmental Bill of Rights, 1993

We have made administrative amendments to both regulations under the Environmental Bill of Rights (EBR):

• General Regulation (Ontario Regulation 73/94), this regulation sets out which ministries are subject to the EBR
• Instrument Classification Regulation (Ontario Regulation 681/94), this regulation lists which instruments (such as approvals, permits or orders) are subject to the various provisions under the EBR

With respect to all amendments related to ministry name and mandate changes, the way the new ministries will be prescribed is the same as how the former ministries were being prescribed under the EBR in the regulations, prior to the name and mandate changes.

Amendments to O. Reg. 73/94 (General)

Ministry name changes

We have updated ministry names throughout the regulation.

• split Ministry of Energy, Northern Development and Mines into:
  • Ministry of Energy
  • Ministry of Northern Development
  • Ministry of Mines
    In section 4, the ministry name changed to Ministry of Mines as that ministry is responsible for the Mining Act
• changed Ministry of Government and Consumer Services to Ministry of Public and Business Service Delivery
• split Ministry of Health and Long-Term Care into:
  • Ministry of Health
  • Ministry of Long-Term Care
• changed Ministry of Labour into Ministry of Labour, Immigration, Training and Skills Development

Additional amendments

We made an amendment to Section 3 (Proposals for Regulations) to exempt ministers’ orders made by regulation under section 8.1 of the Endangered Species Act, 2007 from the notice requirement under section 16 of the EBR.

These ministers’ orders made by regulation may be made for the purpose of temporarily suspending protections of species at risk listed for the first time as an endangered or threatened species. This amendment exempts proposals for regulations made under s. 8.1 from regulation notice requirements under the EBR. It is intended to preserve the ability of the minister to act swiftly and minimize associated social or economic impacts.

The ministry consulted on the proposal to amend O. Reg. 73/94 to exempt these regulations through the environmental registry notice 013-5033 10th Year Review of Ontario’s Endangered Species Act: Proposed changes (the ESA proposal notice). The comment period for commenting on this proposal closed on May 18, 2019. The ministry is implementing this amendment now and will be posting an update to the ESA proposal notice.

Amendments to O. Reg. 681/94 (Classification of Proposals for Instruments)

We have made amendments to O. Reg. 681/94 as follows:

Ministry name changes

• changed Ministry of Government and Consumer Services to Ministry of Public and Business Service Delivery in Part I
• renamed Ministry of Energy, Northern Development and Mines into Ministry of Mines (Ministry of Mines has responsibility for the Mining Act) in Part III

Under Part II (Ministry of the Environment, Conservation and Parks)

• Moved all instruments under the Conservation Authorities Act to Part II.2 as responsibility for the Act was transferred to the Ministry of Natural Resources and Forestry by Order-in-Council on August 29, 2022.
• Removed from Ontario Regulation 681/94 the reference to proposals for directions under subsection 21 (5) of the Wells Regulation as Class II instruments. This instrument no longer exists because the instrument was removed when the Wells Regulation was amended on June 13, 2007. The Wells Regulation no longer requires an instrument to be issued and instead directs the well owner to abandon the well.

Under Part II.2 Ministry of Natural Resources and Forestry

• Clarified that the Interpretation section of the regulation applies to MNRF to say:
  “In this Part, a proposal for an instrument includes a proposal to issue it, amend it or revoke it, whether the amendment or revocation is authorized by the same provision of an Act or regulation that authorizes the issuance of the instrument or by a different provision.”
  • This “interpretation” section brings MNRF into alignment with all the other prescribed ministries. 
  • This amendment is not expected to have a significant effect on the Environment.
• Replaced 10.3 (2) para 5 (Class I Proposal for an instrument issued under the Aggregate Resources Act) with:
  “Within 50 metres of land that is habitat, within the meaning of the Endangered Species Act, 2007, of a species that is listed as an endangered or threatened species in O. Reg. 230/08 – the Species at Risk in Ontario list.
  
  This is an administrative amendment to remove a reference to the Minister of MNRF, since responsibility for ESA was transferred from MNRF to MECP and to update the existing language to align with the definition of habitat in the ESA. The proposed amendments do not broaden the scope of the provision and more properly reflect its intent and application.
   
• Removed the order listed under 10.9.1 para1 issued under section 12 of the Far North Act as section 12 was repealed on December 9, 2021. Since there is no longer an instrument to issue it has been removed.
• Updated the reference to the Order-in-Council approving the Provincial Policy Statement in Section (2) (1) para 2 and 6 of subsection (1) (Class I proposals under the Aggregate Resources Act) with the correct number – it is now Order-in-Council No. 229/2020.