Section 32 of the Environmental Bill of Rights (EBR), reads as follows:
32. (1) Section 22 does not apply where, in the minister’s opinion, the issuance, amendment or revocation of an instrument would be a step towards implementing an undertaking or other project approved by,
(a) a decision made by a tribunal under an Act after affording an opportunity for public participation; or
(b) a decision made under the Environmental Assessment Act.
Under Section 32 (1) of the EBR the director is not required to post an application for amendment of an instrument on the EBR Registry if the proposed amendment is a step towards implementing an undertaking that was approved by a decision of the Environmental Review Tribunal (ERT) after affording an opportunity for public participation.
An instrument will be considered to be a “step towards implementing an undertaking” if its issuance, amendment or revocation is a necessary step to moving an undertaking forward in its implementation. In this particular case, the proposed amendment to CPU Number 6676-9CWHB7-2S is necessary in order to allow the ERT approved Amherst Island wind project to proceed. Put another way, the project cannot proceed without the proposed amendment to the CPU.
Although no posting is required under Section 22 of the EBR, the director is posting the amendment application under Section 6 of the EBR in order to provide information to the public.
Amendment Application can be viewed at the Eastern Regional Office, Kingston District Office, 1259 Gardiners Road, Unit 3, PO Box 22032, Kingston, Ontario K7P 3J6.