A private developer proposes a 200-unit residential plan of subdivision in Ontario. What assessment is typically required under Ontario's Environmental Assessment Act?
Correct Answer
A) None under that Act; subdivision approval reviews environmental matters
The Environmental Assessment Act applies to undertakings by the Crown, public bodies and municipalities, to designated projects, and to projects brought in by agreement with the Minister, so a private residential subdivision is typically outside it. Environmental matters are instead considered in Planning Act approval: s. 51(24) requires regard to matters such as conservation of natural resources and flood control, and s. 51(25) allows conditions.
Why This Is the Correct Answer
Under the Environmental Assessment Act, an 'undertaking' is essentially a public-sector activity or a designated or agreed project. A private subdivision does not fit those categories, so no Environmental Assessment Act assessment is typically required, and the approval authority reviews environmental matters under Planning Act s. 51.
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