CVC staff are supportive of…

CVC staff are supportive of improving and enhancing legislative and regulatory processes and requirements to modernize and improve efficiencies related to service delivery and issuing approvals while ensuring a high level of environmental protection. However, CVC staff have the following comments on the proposed streamlining of the current EA process and proposed new regulation:

1. It is unclear how the proposed streamlined approach allows for an appropriate level of evaluation of the proposed project components, as well as, an appropriate level of public/agency participation in the process during the decision-making stages. Appropriate levels of technical and field study along with agency and public input are critical components of successful EA projects. The proposed changes to the process, including the provision or an early works process, should maintain the same level of agency and public involvement and be evaluated using information from complete comprehensive technical studies as in the current process. A chart or graph showing the steps of the proposed streamlined process versus the current process would be a helpful tool to understand the proposed changes to the process and how it affects agency and public consultation and completion of technical study steps prior to making decision. CVC is hopeful this will be further clarified once the regulation has been drafted and provided for review and comment.

2. It appears the proposed regulation will shift the approvals process to the Ministry of Transportation (the project proponent). It is not clear if there are any changes to the mechanism to create and enforce conditions of approval as part of the conclusion of the EA portion of this project. Typically, conditions of approval have been used to ensure various aspects of the project were formally carried to the detailed design stages and provide agencies, including CVC, a vehicle to ensure our program interests continue to be considered and addressed. More clarity should be provided on any proposed changes. This may complicate/frustrate the proposed process and should be further clarified once a draft of the regulation has been provided for review and comment.

3. The proposed streamlining includes the creation of an issues resolution process to be administered by the Ministry of Transportation. CVC has concerns that an issues resolution process which is administered by one of the parties that may be in conflict can lead to, at minimum, the appearance of inappropriate bias in the decision or outcome. CVC recommends that any issues resolution process continues to be administered by MECP. Again, CVC is hopeful this will be further clarified once the regulation has been drafted and provided for review and comment.