Discussion paper: modernizing Ontario’s environmental assessment program

Second Update

Proposal for moving to a project list approach under the Environmental Assessment Act (EAA)

The proposal for the draft Comprehensive Environmental Assessment Projects regulation (Part II.3 Projects - Designations and Exemptions and related actions) under the EAA has been posted for a 60-day consultation (November 26, 2021 to January 25, 2022) and may be reviewed here: https://.ero.ontario.ca/notice/019-4219.

Proposal to extend expiry date of Environmental Assessment Act (EAA) approvals

The ministry has also posted a proposal to extend the expiry date of EAA approvals for certain projects. The amendments that were made to the EAA July 2020 included an unproclaimed provision imposing a 10-year expiry date for projects that are approved but do not have an expiry date and have not substantially commenced. The new section of the EAA also allows the Minister to, by notice, extend the period within which the project is to be substantially commenced, extending the date of expiry. The Minister is proposing to issue notices to extend the environmental assessment approval for nine projects by 10 years and is looking for feedback. You can review this proposal here: https://ero.ontario.ca/notice/019-4428. The comment period closes on January 25, 2022.

Proposal for clarifying the authority to change the classes of projects to which a class environmental assessment process applies

The ministry also sought feedback on a proposal to make it clearer that the authority to amend a Class EA and a Class EA approval, includes changing the types (or classes) of projects that can follow a Class EA. You can review this proposal here: https://ero.ontario.ca/notice/019-4189. The comment period closed on November 21, 2021.

Proposal for updating environmental assessment requirements for transmission lines

The ministry also sought feedback on a proposal to update the environmental assessment requirements for certain electricity transmission projects. You can review this proposal here: https://ero.ontario.ca/notice/019-3937. The comment period closed on September 3, 2021.

Proposal to exempt projects or activities related to land claim settlements and other agreements with Indigenous communities about land from the Environmental Assessment Act

On June 30, 2021, the ministry posted a decision to improve the processes associated with land claim settlement and other agreements with Indigenous communities about land by removing duplication between the Environmental Assessment Act requirements and the Ministry of Indigenous Affairs’ current policies and guidelines. Refer to the decision posting here: https://ero.ontario.ca/notice/019-1805.

Proposal to exempt various Ministry of Transportation projects from the requirements of the Environmental Assessment Act (ERO # 019-1883)

On October 7, 2021, the ministry posted a decision to exempt the Bradford Bypass project from duplicative requirements of the EAA by way of a regulation. The regulation sets conditions for the assessment process going forward and for continued environmental protection and consultations. No other Ministry of Transportation projects have been exempted from the EAA as part of this regulation. Refer to the decision posting here: https://ero.ontario.ca/notice/019-1883.

Proposed regulation for a streamlined environmental assessment process for the Ministry of Transportation’s Greater Toronto Area West Transportation Corridor project (ERO # 019-1882)

The ministry is considering comments received and continues to consult with Indigenous communities as it works to finalize the proposed amendments to this exemption regulation.

Proposed exemption to the Environmental Assessment Act and a new policy under the Provincial Parks and Conservation Reserves Act for projects in provincial parks and conservation reserves (ERO # 019-1804)

The ministry proposed to exempt all projects, by or on behalf of the ministry, related to provincial parks and conservation reserves (e.g. managing existing parks or conservation reserves and fish and wildlife management within provincial parks and conservation reserves). We also proposed an Environmental Impact Assessment Policy under the Provincial Parks and Conservation Reserves Act, 2006 that would replace the Environmental Assessment Act requirements and provide a similar process for impact assessment and consultation for most projects currently covered under the Class EA for Provincial Parks and Conservation Reserves within these protected areas.

Currently, the ministry is considering all the comments and feedback that have been received to date.

First Update

Following the close of consultation on this discussion paper on May 25, 2019, the ministry continues to make progress on a number of initiatives in support of its ongoing work to build a more modern and efficient environmental assessment program.

1. Ongoing activities

Class environmental assessments (EA) amendments

In July 2020, the ministry posted amendments proposed by proponents of Class EAs to better align study requirements with the potential for environmental impacts, increase efficiency in Class EA processes and reduce duplication with other legislation, planning or approvals processes.

The proposed amendments to Class EAs were informed by the work of Class EA proponents such as municipalities, ministries and associations and were posted on Ontario.ca for a 45-day comment period (July 8, 2020 to August 22, 2020).

The following amendment proposals to Class EAs may be reviewed at:

• Class EA for Activities of the Ministry of Northern Development and Mines under the Mining Act (Ministry of Energy, Northern Development and Mines)
• Class EA for Minor Transmission Facilities (Hydro One)
• Municipal Class Environmental Assessment (Municipal Engineers Association)
• Class EA for Remedial flood and erosion control projects (Conservation Ontario)
• Class EA for Waterpower projects (Ontario Waterpower Association)
• Class EA for Resource Stewardship and Facility Development Projects (Ministry Natural Resources and Forestry)
• Class EA for Provincial Transportation Facilities (Ministry of Transportation)
• Class EA for Public Work (Ministry of Government and Consumer Services)

The ministry is considering comments received and continues to consult with Indigenous communities as it works to finalize the proposed amendments to the Class EAs.

Exemption regulations

The ministry has also proposed exemption regulations that would, if made, eliminate duplication and reduce delay for projects that have been part of other planning and consultation processes, or for which the EA process can be further streamlined.

The proposed exemption regulations were posted on the environmental registry of Ontario for a 45-day comment period (July 8, 2020 to August 22, 2020). The postings may be found at:

• Land claim settlements and other agreements with Indigenous communities (ERO #019-1805)
• Projects and activities within provincial parks and conservation reserves (ERO #019-1804)
• Specific MTO projects (ERO #019-1882 and #019-1883)

The ministry is considering comments received and continues to consult with Indigenous communities as it works to finalize the proposed amendments to the exemption regulations.

2. Completed activity

Bill 197, the COVID-19 Economic Recovery Act, 2020

On July 21, 2020, the Ontario legislature passed the COVID-19 Economic Recovery Act, 2020 which included a number of amendments to the Environmental Assessment Act (EAA) that will help us build a modern environmental assessment program that supports strong environmental oversight and a strong economy.

More information on this posting may be found at https://ero.ontario.ca/notice/019-2051.

3. Future consultations

As a result of the enabling amendments to the EAA, the ministry is developing a number of regulatory proposals that allow it to make important progress in its work to further modernize the environmental assessment program.

The Comprehensive Environmental Assessment Project List regulation

This regulation will, if made, set out the types of projects that will be subject to the new Part II.3 (Comprehensive Environmental Assessment) of the EAA (to be proclaimed). A project list would bring much needed clarity to Ontarians about what projects require a comprehensive environmental assessment and put more focus on projects that have the highest impact on the environment rather than requiring an environmental assessment based on who is doing the work.

In Fall 2020, the ministry posted a proposal posting to consult on the projects that would require a comprehensive environmental assessment for a 60-day consultation (September 11, 2020 to November 10, 2020). The comments received through this posting will inform the development of the Comprehensive Environmental Assessment Project List regulation.

The policy proposal may be found at: www.ero.ontario.ca/notice/019-2377.

There will be a subsequent consultation on the draft Comprehensive Environmental Assessment Project List regulation once it is drafted.

Expiry date exemption regulation

This regulation, if made, will exempt specific projects from the expiry date provision in the amended EAA. The provision setting out the expiry is intended to be proclaimed if and when this regulation is made.

Streamlined EA regulations

The streamlined regulations, if made, would set out consistent process requirements (consultation, documentation, scope of assessment, etc.) across project types and will replace the differing and inconsistent Class EA system. The new streamlined EA provisions of the amended EAA (Part II.4) will be proclaimed if and when the regulation(s) is made.

The current processes set out in the designating and exempting regulations for waste management, electricity and transit and Class EAs will continue to apply until the streamlined regulations are developed in phases.

Sectoral Terms of Reference (ToR) regulations

For certain project types, the ministry will be developing standardized terms of reference regulations that will contain the content and process that can be followed by proponents developing terms of reference under the new Part II.3 (once proclaimed) of the EAA. This will save time and ensure consistency among workplans for proponents in a sector.

Deadlines regulation (O. Reg. 616/98)

This regulation will be amended to update certain EA timelines for proponents and the ministry. Improving timelines will ensure projects are completed in a reasonable timeframe.

Proposal details

Ontario’s Environmental Assessment Act was enacted in 1975 and sets out the framework for the environmental assessment program. Environmental assessments are a critical feature of environmental planning decision-making in Ontario, requiring the study and documentation of potential effects of a project, and allowing interested persons to comment on projects that may affect them.

The Environmental Assessment Act was the first of its kind in Canada, but after almost 50 years it largely remains the same. Over time, the process has become more complex, requiring analysis of social, economic, cultural, health and environmental factors. Efforts to update the environmental assessment program have been sporadic and the program has become overly complex and burdensome, discouraging job-creators from coming to Ontario to do business.

In the Made-in-Ontario Environment Plan, the government committed to modernize Ontario’s environmental assessment program to ensure strong environmental protections, while eliminating duplication, streamlining processes, providing clarity to applicants, improving service standards to reduce delays, and better recognize other planning processes that have evolved over the past four decades.

Purpose of policy

This discussion paper is a first step to modernize Ontario’s environmental assessment program. The discussion paper identifies some immediate actions that will reduce regulatory burden and improve the efficiency of Class environmental assessments in Ontario. The paper also outlines a vision to bring Ontario’s environmental assessment program into the 21st century. Through the discussion paper, we ask Ontarians to consider and provide input on questions that will help to inform a modern framework for environmental assessment that:

• ensures better alignment between the level of assessment and level of environmental risk associated with a project;
• eliminates duplication between environmental assessment and other planning and approvals processes;
• finds efficiencies in the environmental assessment process and related planning and approvals processes to shorten the timelines from start to finish: and
• goes digital by permitting online submissions

Other information

For more information on the environmental assessment program please visit https://www.ontario.ca/page/environmental-assessments

Other public consultation opportunities

There will be opportunities to consult on prescribed regulations at a later date.

The ministry is planning to host webinars for Indigenous communities and organizations, as well as stakeholder groups.