Environmental Assessment Act - O. Reg. 753/92

Environmental Assessment Act
Loi sur les évaluations environnementales

ONTARIO REGULATION 753/92

No Amendments

EXEMPTION — MINISTRY OF THE ENVIRONMENT — MOE-41/1

Note: This Regulation became spent on December 10, 2005.

This Regulation is made in English only.

Having received a request from the Regional Directors of the Ministry of the Environment that an undertaking, namely:

activities related to clean-up and/or remedial work being carried out by the Ministry of the Environment as a result of:

(a)an order or decision being issued under the Environmental Protection Act, Ontario Water Resources Act or Pesticides Act requiring the work be done and it is not being done by the person required to do it, or

(b)the Ministry of the Environment determining it is necessary to do the work under this exemption order because of:

(i)danger to the health or safety of any person,

(ii)impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it, or

(iii)injury or damage or serious risk of injury or damage to any property or to any plant or animal life,

be exempt from the application of the Act pursuant to section 29; and

Having been advised by the Regional Directors of the Ministry of the Environment that if the undertaking is subject to the application of the Act, the following injury, damage or interference with the persons and property indicated will occur:

A.The exemption applies to emergency situations which present an immediate threat or danger to public health or safety or to the environment.

B.The time required to prepare environmental assessments and seek approval under the Environmental Assessment Act would significantly delay the implementation of the undertaking, thereby exacerbating the threat or damage to public health or safety or to the environment.

Having weighed such injury, damage or interference against the betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment which would result from the undertaking being subject to the application of the Act;

The undersigned is of the opinion that it is in the public interest to order and orders that the undertaking is exempt from the application of the Act for the following reasons:

A.The activities involved in the undertaking will result in minimizing the potential for the injury and damage which are stated above.

B.The various instructions, approvals and orders which may be issued under the Environmental Protection Act and the Ontario Water Resources Act will result in these activities being carried out in a safe manner.

This exemption is subject to the following terms and conditions:

1.Where the undertaking which is being carried out under this exemption order is the subject of another exemption order or is an undertaking for which an environmental assessment has been accepted and approval to proceed received, the undertaking shall be subject to the terms and conditions of this exemption order, and any other terms or conditions of an exemption or approval shall not apply.

2.A report describing the activities carried out as a part of any clean-up and/or remedial work which is carried out under this exemption order shall be prepared by the Director of the appropriate Regional Office of the Ministry of the Environment and this report shall be filed with the Director of the Environmental Assessment Branch for filing on the public record, within thirty days of the completion of such work.

3.This exemption expires the earlier of:

(a)the later of,

(i)three years from the date of its approval, and

(ii)such later date as is specified from time to time, by notice in writing published in The Ontario Gazette, and

(b)the date on which a Regulation, which exempts this undertaking, comes into force. O.Reg. 753/92.