A private developer proposes a shopping mall on a 50-hectare greenfield site in Ontario. When does Ontario's Environmental Assessment Act apply to a private commercial project like this?
Correct Answer
B) Only if a regulation, ministerial order or agreement brings it in
The Environmental Assessment Act applies automatically to projects of the province, public bodies and municipalities. A private commercial project is caught only if it is designated by regulation, declared by ministerial order, or brought in by a written agreement with the Minister (ss. 1(1), 3 and 3.0.1). Otherwise its environmental review happens through the municipal planning approvals.
Why This Is the Correct Answer
The Act defines an undertaking by a private person as a major commercial enterprise only when it is designated by the regulations, and s. 3 lets Cabinet designate projects by regulation. A ministerial order can also declare a project to be a designated project, and s. 3.0.1 lets a private proponent agree in writing with the Minister to have the Act apply. Without one of these, the Act does not apply to a private shopping mall.
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