Re: Evaluating Municipal…

Re: Evaluating Municipal Class EA Requirements for Infrastructure Projects

The Ministry of the Environment, Conservation and Parks (MECP) is seeking feedback on options to modernize the Environmental Assessment (EA) process, including potentially amending or revoking the Municipal Class EA (MCEA) process for "low-risk" municipal infrastructure projects. Niagara Region views MCEAs as an essential component of the overall planning of municipal infrastructure. They provide a formal mechanism to ensure that adequate engagement and consultation take place, and produce an approved Environmental Study Report (ESR) that is then leveraged throughout the project's lifecycle. As part of evaluating MCEA requirements for infrastructure projects, the proposed changes to the MECP process should consider the following:

- Property Acquisition - Completed MCEAs are a key justification for the acquisition of property, including during disputes before the Ontario Land Tribunal. Proposed changes should consider how municipalities will be empowered to negotiate and obtain project-specific land requirements in the absence of a completed MCEA.

- Other Planning Processes and Required Authorizations - The proposed amendments to the MCEA process aim to reduce duplication with parallel planning processes such as capital planning and master plans. However, additional details are required on how these existing processes would be amended or strengthened to reflect the removal of MCEAs, including details regarding any additional approvals required by local planning staff and public consultation requirements.

- MCEA Approved Studies - Several existing components of the MCEA process, such as archeological or hydrological studies, are required for later permits or approvals as part of the total project lifecycle. The absence of a formally approved ESR will require amendments to these existing downstream approval requirements.

- Transportation Master Plans (TMP) - TMPs and other master plan studies are currently subject to Phase 1 and Phase 2 of the MCEA process. Additional details are required on how these master plans would be developed and approved in the future, given both the direct impacts of the potential removal of the MCEA process itself and the larger role in municipal infrastructure planning that these studies would fulfill.

- Public Perception and Consultation - Significant amendments to or revocation of the MCEA process may be perceived as lowering requirements for public consultation and engagement in the development of municipal infrastructure. Additional details are required on how key interested parties would remain engaged in the infrastructure planning process.

As a final note, our municipality supports the comments expressed in the Municipal Engineers Association's response letter dated May 9, 2023, to ERO 019-6693: Evaluating Municipal Class Environmental Assessment Requirements for Infrastructure Projects. We strongly urge the MECP to consider the MEA’s comments and suggestions.

Thank you for the opportunity to provide comment. Niagara Region looks forward to ongoing engagement and discussion on the proposed amendments to the MCEA process.

Scott Fraser
Associate Director, Transportation Planning
Niagara Region