Category:Acts Subject to the EBR

The table below shows the Acts, listed by ministry, which are subject to Applications for Review and Applications for Investigation under the Environmental Bill of Rights. Although most Acts are subject to both application processes, some are subject to only one process, as indicated in the explanatory notes. For the most accurate list of which statutes are prescribed under the EBR, see O. Reg. 73/94.

Prescribed Acts (listed by ministry)	Subject to the Application for Review process	Subject to the Application for Investigation process	Includes at least one Classified Instrument subject to the Application for Review and Investigation process
Ministry of Agriculture, Food and Rural Affairs
Nutrient Management Act	*
Ministry of Tourism and Culture
Ontario Heritage Act	*
Ministry of the Environment
Clean Water Act	*
Environmental Assessment Act	*	*
Environmental Bill of Rights	*
Environmental Protection Act	*	*	*
Lake Simcoe Protection Act, 2008	*
Ontario Water Resources Act	*	*	*
Pesticides Act	*	*	*
Safe Drinking Water Act	*	1	*
Sustainable Water and Sewage Systems Act, 2002 (Not in force)	*
Toxics Reduction Act, 2009	*	*
Waste Management Act	*
Ministry of Energy
Green Energy Act, 2009	*	*
Ontario Energy Board Act	*2
Ministry of Health and Long-term Care
Health Protection and Promotion Act	*3
Ministry of Municipal Affairs and Housing
Building Code Act	* 4
Greenbelt Act	*
Oak Ridges Moraine Conservation Act	*		*
Planning Act	*		*
Ministry of Natural Resources
Aggregate Resources Act	*	*	*
Conservation Authorities Act	*	*	*
Crown Forest Sustainability Act	*	*	*
Endangered Species Act	*5	*	*
Fish and Wildlife Conservation Act	*	*	*
Kawartha Highlands Signature Site Parks Act	*	*
Lakes and Rivers Improvement Act	*	*
Niagara Escarpment Planning and Development Act	*		*
Oil, Gas and Salt Resources Act	*	*	*
Provincial Parks and Conservation Reserves Act	*	*
Public Lands Act	*	*
Ministry of Northern Development, Mines and Forestry
Mining Act	*	*	*
TSSA (under Ministry of Consumer Services)
Technical Standards and Safety Act (see note 6)	*6	*6

¹Note the Safe Drinking Water Act (SWDA) is not prescribed for applications for investigations under the EBR as it has its own separate investigation process that is similar to the EBR investigation process (see sections 7-13 of O. Reg. 242/05 under the SWDA.)

² The Ontario Energy Board Act is only prescribed for reviews of clauses 88(1)(a.1) to (g) of the Act.

³The Health Protection and Promotion Act is only prescribed for reviews related to sections 96(1) and (2), sections 96(3)(m) to (t), and subsection 96(3.1) of the Act, and of regulations made under these sections that relate to small drinking water systems.

⁴ The Building Code Act is only prescribed for reviews related to on-site septic systems serving certain buildings such as residences.

⁵ The Endangered Species Act and its regulations are prescribed for the purposes of applications for review, except for a regulation made under section 7 of the Act. (Agreements made under section 22 or 23 of O. Reg. 242/08 under the ESA are explicitly prescribed as being subject to review.)

⁶The Technical Standards and Safety Act is only prescribed for reviews and investigations related to the Liquid Fuels Regulation (O. Reg. 217/01) and other matters related to section 42 of the TSSA.

---

Click here for more information about the Environmental Commissioner of Ontario and our activities.