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Waste Management Projects Regulation (Ontario Regulation 101/07)

Since March 2007, the Waste Management Projects Regulation (O. Reg. 101/07) required that both public and private sector waste management projects be equally subject to the requirements of the Environmental Assessment Act (EAA). The regulation designates certain waste management projects, exempts others, and exempts certain projects if they successfully complete the Environmental Screening Process (ESP). The level of assessment for each category is dependent on the anticipated environmental effects.

Waste management projects would fall into one of three environmental assessment (EA) process streams. Projects expected to have minimal environmental effects such as a small recycling facility would be exempt from Part II of the EAA. Projects with some potential environmental effects that can easily be managed such as new landfills or landfill expansions between 40,000 cubic metres and 100,000 cubic metres are exempt from Part II of the EAA if they successfully complete the ESP.  Projects that are likely to have significant environmental effects such as new or expanded large-scale landfills greater than 100,000 cubic metres are subject to the requirements of Part II of the EAA.

The ESP for waste management projects is very similar to the process for electricity projects.  Similarly, there is the ability for members of the public or government agencies to request an elevation during the public review period; however, the Director’s decision on the elevation request cannot be reviewed by the Minister.