August 2, 2011: O. Reg. 116/01 to be Changed by O. Reg. 273/11 on September 19, 2011 – by W.A. Allen
Ontario Regulation 116/01 (usually referred to as O. Reg. 116 or O. Reg. 116/01) was enacted in 2001 but has had changes made to it since that time so it is imperative that people citing it use the most recent version and that they know when parts of it will be revoked. O. Reg. 116/01 is available at http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_010116_e.htm# .
When people download O. Reg. 116/01 within the next few days they will notice that some of the provisions of another regulation, O. Reg. 273/11, made under the Open for Business Act, 2010, will cause certain clauses within O.Reg. 116/01 to be revoked as of September 19, 2011. That means that the 60 day period under which public comment is invited re The Chute on the Ivanhoe River (which ends September 12), falls entirely prior to the effective date of the relevant provisions of O. Reg. 273/11. O. Reg. 273/11 is a very brief regulation that changes O. Reg. 116/ O. as of September 19. O. Reg. 273/11 is available at http://www.e-laws.gov.on.ca/html/source/regs/english/2011/elaws_src_regs_r11273_e.htm
As of September 19 the copy of O. Reg. 116 at the first website noted above will incorporate the changes that are made effective that day by O. Reg. 273/11. Until then the following boldface notations will be posted to alert readers that changes are about to be made to O. Reg. 116.
September 19, 2011 has been named by proclamation as the day on which subsection 2 (1) of Schedule 7 to the Open for Business Act, 2010 comes into force so folks need to be familiar with Schedule 7 2(1).
Note: On the day subsection 2 (1) of Schedule 7 to the Open for Business Act, 2010 comes into force, subsection (2) is revoked. See: O. Reg. 273/11, ss. 1, 4.
Note: On the day subsection 2 (1) of Schedule 7 to the Open for Business Act, 2010 comes into force, subsection (2) is revoked. See: O. Reg. 273/11, ss. 2, 4.
Note: On the day subsection 2 (1) of Schedule 7 to the Open for Business Act, 2010 comes into force, subsection (2) is revoked and the following substituted:
(2) An undertaking that is designated under this Regulation as an undertaking to which the Environmental Assessment Act applies and that is in respect of the processing or disposing of municipal waste on a municipal waste pilot project site is exempt from Part II of that Act if section 5.0.1 of Regulation 347 of the Revised Regulations of Ontario, 1990 applies to an application for an environmental compliance approval under section 20.2 of the Environmental Protection Act in respect of the use, operation, establishment, alteration, extension or enlargement of the site. O. Reg. 273/11, s. 3.
See: O. Reg. 273/11, ss. 3, 4.
– Anyone responding to Xeneca’s invitation to comment on The Chute proposal on the Ivanhoe River should be aware that it is the existing language of O. Reg. 116/01 which applies, not the language that will apply from September 19, 2011 onward.
– The dates on Notices of Completion (NOC) of other proposed projects will affect which version of O. Reg. 116/01 applies. NOC’s issued from September 19 onward will come under the revised O. Reg. 116/01. NOC’s issued on dates where the standard 30 day public comment period includes some days before Sept. 19 and some days after Sept. 19 will require clarification from the Ministry of Environment.