May 9, 2023 EA Modernization…

May 9, 2023

EA Modernization Project Team
Environmental Assessment Modernization Branch
Ministry of Environment, Conservation and Parks
135 St. Claire Ave West, 4th Floor
Toronto ON M4V 1P5

Dear Project Team,

Re: City of Windsor comments regarding ERO 019-6693 – Evaluating municipal class environmental assessment requirements for infrastructure projects

Thank you for this opportunity to provide comment on ERO 019-6693 – Evaluating municipal class environmental assessment (MCEA) requirements for infrastructure projects. The City of Windsor supports the Province’s efforts to modernize and streamline the MCEA process.

On February 27, 2023, City of Windsor Council received a number of reports outlining the changes resulting from Bills 108 and 109, More Homes for Everyone Act, 2022 and Bill 23, More Homes Built Faster Act. These reports outlined changes to the development process to allow the City to comply with the legislative changes. Additionally, Council endorsed a City of Windsor Municipal Housing Pledge, which was subsequently submitted to the Minister of Municipal Affairs and Housing.

Windsor is in a unique position following recent generationally transformative economic development announcements, specifically, the construction of a new Windsor/Essex regional acute care hospital and the NextStar electric vehicle battery plant. These developments are projected to greatly increase the demand for housing and other growth related investments in the region, beyond what the area has experienced in decades. In order to respond to the increase in short term demand, the City overwhelmingly supports any efforts by the Province to minimize red tape while ensuring adequate community consultation is maintained.

The City of Windsor has received a letter from the Municipal Engineers Association (MEA), dated May 9, 2023 as attached, and are in general agreement with and support those comments as submitted. Furthermore, the City has highlighted some additional items below that should be considered in future regulations or amendments to the MCEA process.

1. Clarity on the ability to amend finalized MCEA projects during detailed design

Once a MCEA process has been finalized, and within the applicable time period of 10 years, the need may arise to amend the design as the project proceeds through detailed design. Some examples may include:

a. Changes in standards, best practices, level of service design criteria and Provincial/regional guidelines;
b. Change in land requirement to accommodate final design;
c. Changes to the preferred alternative as a result of detailed analysis;
d. Consolidation of a number of MCEA project solutions into one regional solution while still meeting the level of service;
e. Identification of local constraints not identified during the MCEA which limit the design option, where the Municipality accepts the risk; and
f. Updates resulting from master plans completed after the MCEA (e.g. new active transportation feature, transit bus route etc).

It is recommended that these changes should not trigger a need to amend or complete a new MCEA process, unless the changes affect the intent of the original MCEA significantly. The Municipality should be able to use their discretion to determine if additional stakeholder or property owner consultation is required.

2. Collector road projects

Suggest further exemptions for collector road projects for the following situations:

a. Where the subject road was part of a Class B MCEA (e.g. servicing master plan) process which defines the location, typical cross section and right-of-way widths;
b. Where the ROW width requirement is consistent with the Official Plan (e.g. minimum ROW width is defined in the Official Plan and the collector road is designed to fit within that minimum ROW width);
c. Urbanization of an existing rural collector roadway following the roads existing alignment, including upgrading the lane widths to meet current standards with the addition of storm sewer and curb and gutter; and
d. Where limited alternatives exist (e.g. simple 2 lane road meeting lane and sidewalk width standards with localized turn lanes at intersections).

In these cases, land acquisition can proceed under the development application process or through negotiations with property owners.

3. Projects in Servicing Master Plan areas

Consideration for a municipality to identify projects that can be exempt from the MCEA process where a Servicing Master Plan has been completed for the area. If this is acceptable, it may be advisable to relate this exemption to measurable items such as the maximum study area (ha), road/sewer lengths, and limits related to wastewater expansion upgrades.

4. Municipal Authority

We recommend that municipalities be granted the authority to make judgment calls on whether a project should follow the MCEA process, be exempt, or follow an alternate consultation route. Application to the MECP could be submitted in support of the request including project specific justification.

Thank you again for this opportunity. Representatives from the City would be happy to discuss the above items further. Please contact Stacey McGuire, Manager of Development, at smcguire@citywindsor.ca if you require further information or to initiate a meeting.

Sincerely,
Chris Nepszy, P.Eng., PE
Commissioner – Infrastructure Services/City Engineer