O. Reg. 230/12: EXEMPTION — ONTARIO NORTHLAND TRANSPORTATION COMMISSION

Link to law: http://www.ontario.ca/laws/regulation/r12230
Published: 2012-08-16

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ONTARIO REGULATION 230/12

made under the

ENVIRONMENTAL ASSESSMENT ACT

Made: July 16, 2012
Filed: August 16, 2012
Published on e-Laws: August 16, 2012
Printed in The Ontario Gazette: September 1, 2012


EXEMPTION — ONTARIO NORTHLAND TRANSPORTATION COMMISSION

Definition

1. In this Regulation,

“Ontario Northland Transportation Commission” means the body corporate continued under subsection 2 (1) of the Ontario Northland Transportation Commission Act.

Exemption

2. (1) The following are exempt from the Act:

1. Any enterprise or activity or any proposal, plan or program in respect of an enterprise or activity by any person if it is related to,

i. the divestment or winding up of some or all of the affairs of the Ontario Northland Transportation Commission or any of its direct or indirect subsidiaries, or

ii. the dissolution of any of the direct or indirect subsidiaries of the Ontario Northland Transportation Commission.

2. Any ongoing enterprise or activity or any proposal, plan or program in respect of an ongoing enterprise or activity, including the transfer or assumption of liabilities or the transfer or carrying out of obligations associated with it, by any person if it is,

i. engaged in during the divestment or winding up of some or all of the affairs of the Ontario Northland Transportation Commission or any of its direct or indirect subsidiaries or the dissolution of any of its direct or indirect subsidiaries, and

ii. related to a service, asset, undertaking, liability or obligation of the Ontario Northland Transportation Commission or any of its direct or indirect subsidiaries.

(2) Without limiting the generality of paragraph 1 of subsection (1), the exemption under that paragraph applies in respect of,

(a) the transfer or liquidation, whether by sale or otherwise, of any service, asset, undertaking, liability or obligation of the Ontario Northland Transportation Commission or any of its direct or indirect subsidiaries; and

(b) the transfer or assumption of liabilities or the transfer or carrying out of obligations related to the cessation or discontinuance of or an alternative to a service, asset or undertaking of the Ontario Northland Transportation Commission or any of its direct or indirect subsidiaries.

(3) For greater certainty and without limiting the applicability of the exemption in subsection (1), an exemption under this Regulation shall not be construed so as to affect any constitutional duty to consult with aboriginal communities that may arise in relation to an exempted enterprise or activity or proposal, plan or program in respect of an enterprise or activity described in subsection (1).

(4) In this section,

“undertaking” means an undertaking within the meaning of the Ontario Northland Transportation Commission Act.

Commencement

3. This Regulation comes into force on the day it is filed.