New emergency exemption added for certain environmental assessment projects under Part II.4

Plain-language summary · AI-assisted · not legal advice

A new section is being added to Ontario's environmental assessment exemptions regulation, effective January 1, 2027. Certain projects designated under Part II.4 of the Environmental Assessment Act will be exempt from the full assessment process if the proponent determines the project must proceed urgently to address an emergency — such as a threat to human health and safety, risk of environmental harm, or risk of damage to property or plant and animal life. The emergency must not be the result of the proponent intentionally delaying the project. Depending on the type of project, proponents must notify either the Director under the Safe Drinking Water Act, 2002 or the Director under the Environmental Protection Act, and must also notify the applicable conservation authority. Separately, an existing exemption (section 9) covering certain undertakings related to renewable energy facilities will be revoked on the same date, and the regulation's title will be updated to drop the reference to 'Part II.1.'

Who this affects: project proponents subject to Part II.4 environmental assessments · conservation authorities · drinking water system operators · environmental protection directors · renewable energy facility proponents