Summary#

The York Region Wastewater Act, 2021 is an enacted Ontario law. It stops the Minister from deciding York Region’s application for the Upper York Sewage Solutions Undertaking and bars York Region from taking action on the undertaking, unless and until those two restrictions are repealed by proclamation. Its stated effect is to suspend the Minister’s decision-making and prohibit York Region’s actions; the law does not state a broader goal.

• The restrictions concern a proposed project that includes a water reclamation centre, a project-specific phosphorus offsetting program and changes to the existing York Durham Sewage System.
• The Act says section 10 of the Environmental Assessment Act does not apply to the application and is deemed never to have applied. This provision is not listed for repeal.
• The Act bars many claims against the Crown, current or former cabinet members, and Crown employees, agents or advisers related to the law or the application. Judicial review is not barred.
• If the restrictions on the Minister and York Region are repealed, the Act does not say what happens next to the application or project.

What it means for you#

• York Region: While the prohibition is in force, the Region must not take any action in respect of the undertaking. The text does not set out a process for what it may do after that prohibition is repealed.
• Residents of Aurora, East Gwillimbury and Newmarket: These towns are named as part of the proposed service area. The Act does not directly change wastewater service or create a new service for residents.
• The Minister: While the restriction is in force, the Minister must not make decisions under specified sections of the Environmental Assessment Act about York Region’s application. The Act does not say whether or when the restriction has been repealed.
• People or organizations with claims related to the application: The Act bars many types of proceedings for remedies against the listed Crown-related people and bodies, including claims for compensation. It does not bar applications for judicial review. Certain proceedings already started are deemed dismissed if they would be barred by the Act.

Money#

No cost information is in the available material.

• The Act does not set out public spending, fees, fines, compensation or a funding program.
• No estimate is provided for the cost of stopping or changing the proposed undertaking, or for any legal or administrative work.

What is unclear#

• The material does not give the date, if any, when the Lieutenant Governor proclaimed the repeal of the Minister’s restriction and York Region’s prohibition.
• It does not explain the next steps for the application or project after those restrictions are repealed.
• Section 10 of the Environmental Assessment Act remains disapplied for this application even if the listed restrictions are repealed; the material does not explain the practical effect.
• The Act does not explain how the project’s proposed service area or wastewater plans may change.

Case for#

• The Act directly prevents the Minister from deciding the application and prevents York Region from acting on the undertaking while those restrictions remain in force.
• A possible argument for the approach is that it halts action on a specific proposed project rather than creating general rules for wastewater projects.
• The Act also provides a clear limit: it does not bar applications for judicial review.

Case against#

• One concern is that the Act blocks the Minister’s decision and York Region’s action without setting out a replacement process or a timeline for what comes next.
• The Act leaves section 10 of the Environmental Assessment Act inapplicable to the application, even after the two other restrictions are repealed. The material does not explain how that affects future decisions.
• The broad bar on claims may limit remedies for people or organizations affected by the Act or related conduct, although judicial review remains available.