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Transit Projects Regulation (Ontario Regulation 231/08)

In June of 2008, the Transit Projects and Greater Toronto Transportation Authority Undertakings Regulation (O. Reg. 231/08) was made which applies to public transit projects. The transit project assessment process applies to selected transit projects as identified in the regulation and exempts other transit projects from the requirements of the Environmental Assessment Act. The process under the regulation requires public sector proponents to assess negative impacts of their chosen transit project, identify appropriate mitigation measures and to undertake consultation. Proponents must also make available any information or documentation done for any pre-planning work undertaken which lead them to select the transit project.

Proponents are required to complete an Environmental Project Report (EPR) to document the results of the process and the consultation undertaken. Regulated timelines apply to the six month process.  Once EPR is complete, members of the public and others have an opportunity to submit an objection to the Minister about the project if there are negative impacts on a matter of provincial importance or an Aboriginal right. The Minister may give notice allowing a project to proceed (with or without conditions) or may require further study. If the Minister is not satisfied that additional information addresses the identified matter of provincial importance or the Aboriginal rights issue, then the Minister may require the proponent to complete an individual EA for the project.