May 9, 2023 EA Modernization…

May 9, 2023

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

Subject: The Corporation of the City of Brantford (Brantford) - Comments to ERO 019-6693 - Evaluating Municipal Class Environmental Assessment requirements for infrastructure projects

The City of Brantford (Brantford) is pleased to comment on the Province’s modernization on the Municipal Class Environmental Assessment Process (MCEA), and specifically ERO 019-6693. We have itemized our comments into three areas including growth, amendment, and revocation. Please accept our comments and we look forward to working with the MECP to further develop any changes.

1. Brantford Growth Forecast
The City of Brantford completed an update to the City’s Official Plan, Master Servicing Plan and Transportation Master Plan that identifies major growth in the City northern boundary and southwest adjustment areas. To implement growth, City staff are required to complete a series of MCEAs to expand municipal services to these growth areas. The expected timeframe to complete the necessary MCEA work is 14-24 months from project commencement. To reduce these MCEA timeframes, staff do support the ongoing efforts to modernize the current MCEA process and wish to participate in future MCEA workshops

2. 2023 Approved MCEA Amendment
City staff members attended in the MCEA amendment information session hosted by the MEA in March of 2023, and plan to attend the more focused sessions planned. At this time City staff members have not had the appropriate time to execute and fully vet the amendment changes. We are hopeful that the amendments will assist the Municipality with the ability to reduce the timelines to deliver infrastructure projects that would support community growth as put forth in Bill 23, More Homes Built Faster Act, 2022. The MEA did provide a detailed response back to the MECP dated May 9, 2023 and many of the suggestions in that letter are supported by the City.

3. Revoking of the MCEA Process
City staff are unsure as to what would be included or experience with a proposed revoking of the MCEA process. To fully understand improvements or impacts, we request/recommend the following:
a. Municipal staff require a structured process to follow, even if the MCEA process is revoked with a regulation. Municipalities should be involved in crafting the new process.
b. Continued Public and Indigenous Community engagement through the EA is necessary;
c. Processes dependent on complexity and location of project area. For example, anything near a major water source (such as the Grand River), or outletting to the water source would require a more extensive EA process;
d. If the MCEA process is revoked all municipalities should coordinate on a best practice document to maintain consistency. The MEA could facilitate such a document;
e. Further study of the true outcome of revoking the MCEA process will be required – i.e. time saving for higher complexity projects;
f. The draft procedures should be compared against the existing structure to detail pros and cons for each goal that is trying to be achieved.

While revoking the MCEA process would expedite many projects, there is great concern that the lack of structure will lead to Municipalities completing inadequate studies and consultation compared to others. Referring to the New Recreational Complex example from the May 9, 2023 MEA response letter, Municipalities follow this method as we rely on the structure laid out in the MCEA process.

With Bill 23 reducing many funding sources that Municipalities rely on, the Provincial Government is being called upon to look into additional grant and funding sources for major studies. Perhaps the Province could open grant funding opportunities for growth related studies (Master Servicing Plans, Transportation Master Plan etc.) as these were made DC ineligible by Bill 23. These studies are the first set of reviews to determine future servicing strategies relevant to growth and can satisfy the first phases of an EA process.

Sincerely,

Inderjit Hans
Deputy CAO, General Manager of Public Works
The Corporation of the City of Brantford