May 23, 2019 City of…

May 23, 2019

City of Burlington

Comments related to:
“Modernizing Ontario’s Environmental Assessment Program”
ERO number: 013-5101
Notice type: Policy
Act: Environmental Assessment Act, R.S.O. 1990
Posted by: Ministry of the Environment, Conservation and Parks
Notice stage: Proposal
Proposal posted: April 25, 2019
Comment period: April 25, 2019 - May 25, 2019 (30 days) Open

Thank you for the opportunity to comment on this Discussion Paper. The City of Burlington offers the following comments:

We have addressed the specific questions from the Discussion Paper in order as they appear in the Discussion Paper.

1. What kind of projects should require environmental assessment in Ontario?

It is our opinion that projects with the potential to cause significant impact to the environment should require an EA.

2. Are there some types of projects where a streamlined assessment process is appropriate?

In general, most of the projects undertaken by the City of Burlington are streamlined already through the Municipal Class EA process. However, we are supportive of exempting low-risk projects from the Class EA process.

Having completed both TPAP (Transit Project Assessment Process) and Class EA, it is our opinion that there should be more projects classified as routine or having minimal environmental impacts that should not be eligible to be bumped up (similar to TPAP).

3. What could a one-project-one-review process look like for projects in Ontario subject to both provincial and federal requirements?

N/A No comment

4. Can you identify any other examples of provincial processes that could be better integrated?

The problems we typically struggle with are related to delays caused by review periods and bump up requests. This is identified in the Discussion paper but it is our opinion that the duration of the delays is underestimated.

5. What other actions can the ministry take to eliminate duplicative or redundant processes or approvals?

The proposal to create a list of projects that are subject to an EA is very much appreciated. Some of the projects that currently require an EA should be reconsidered and a standard list of design requirements should be created without the need to complete a detailed EA from scratch.

All projects that require an EA undertaking should not be lumped together into one list. Several project lists could be created based on the complexity of the anticipated environmental impacts. The level of detail required for the EA study within each list could be separately outlined.

6. What could a coordinated one-window approach look like for Ontario projects?

No comment

7. Can you identify any areas in the environmental assessment process that could be better streamlined with the municipal planning process or with other provincial processes?

Firstly, the Municipal Class EA process is already a streamlined process listed under Class EA in Figure 2 of this paper. Also, the Municipal Engineers Association guidelines for Municipal Class EA’s already includes categorized lists of projects requiring EA’s and have outlined the process for integrating the planning processes and approvals under the EA Act and Planning Act. Such integration streamlines the planning and approval processes and eliminates duplication. However, modernizing Ontario’s Environmental Assessment Program may find additional efficiencies that may be adopted in the MEA guidelines.

Secondly, a project file report submitted to the review agencies should be assessed for its completeness and any deficiencies should be pointed out to the proponent for rectification before accepting it for formal review. Once the project file report is deemed acceptable for review, timelines should be established for the review agencies to respond.

8. What advantages and disadvantages do you see with the ministry’s environmental assessment process being the one-window for other approval/permit processes?

We have concerns about the one window approach, as there is not always enough detail or sufficient information in the EA for the permits. This would just shift delays to the EA stage from the permitting stage. It is easier to obtain permits in parallel than to delay the EA. Costs would increase significantly to deliver the EA to ensure all permitting is in place/ready for approval.

9. What areas of the environmental assessment program could benefit from clearer guidance from the ministry?

Bump up requests should be required to be specific to the project, not an objection about something unrelated. It should be specific to the environmental impacts. This is a common issue with Municipal Class EA’s.

10. What other actions can we take to reduce delays and provide certainty on timelines for environmental assessment?

To avoid excessive and unnecessary delays related to Part II requests, it would be prudent to carry out a preliminary assessment of the quality of the Part II request at a reduced timeline to screen out the requests that are irrelevant to the EA process.

11. What are the advantages and disadvantages of using a sector-based terms of reference?

More information is required about the sector based terms of reference with respect to the municipal projects.

12. Are there other ways we could improve our review timelines?

Consideration for a “Transfer of Review” process for the easier projects/less environmental impacts.

13. How would you like to be consulted on environmental assessment projects?

Current process is fine.

14. Would an online environmental assessment registry be helpful for you in submitting an environmental assessment or accessing environmental assessment information?

Yes

15. What type(s) of environmental assessment project information would you like to access online?

Online would significantly improve the process but most importantly, the EA would need to be tracked online as it goes through the review/approval stages. Otherwise this becomes a “black box”.

16. Are there any existing online tools that would be appropriate to use for environmental assessment information?

CRM (Customer Relationship Model) type model where one can go online to see the status.

As the province moves forward, the City of Burlington would be interested in any additional opportunities to participate on new initiatives.

submitted by:
Cary Clark, P.Eng.
Manager of Development & Stormwater Engineering
Capital Works Department