Update Announcement
This notice was updated on December 17, 2021 to include a link to the final regulation.
This consultation was open from:
July 5, 2021
to September 3, 2021
Decision summary
To help support expanded access to lower carbon energy sources from Ontario’s electricity grid, we have aligned our thresholds that determine which transmission lines require an individual environmental assessment with thresholds used by the Federal government for international electrical transmission lines.
Decision details
Background
Ontario is updating the almost 50-year-old Environmental Assessment (EA) program to support efforts to build safer and stronger communities, while maintaining strong environmental protection. As part of our modernization efforts, we have aligned the environmental assessment requirements for certain transmission line projects, under the Environmental Assessment Act to their federal equivalents.
This allows expanded access to lower carbon energy sources from Ontario’s electricity grid and helps streamline the process for off-grid Indigenous communities in the Far North to connect to the transmission network.
The new regulation (Ontario Regulation 852/21) that amends the Class EA for Minor Transmission Facilities (Class EA), comes into effect on January 1, 2022. The amendments update the EA requirements for critical transmission infrastructure, while maintaining strong environmental protections.
Changes to transmission thresholds
The regulation implements similar thresholds for transmission line projects to those under the federal environmental assessment process for new international transmission lines. Specific amendments are outlined in the following categories:
1. Class of projects
The Class EA will now apply to transmission line projects that:
- are capable of operating at a nominal voltage greater than or equal to 115 kilovolts (kV) but less than 345 kV and are more than 2 km in length, or
- are capable of operating at a nominal voltage greater than or equal to 345 kV and are more than 2 km but less than 75 km in length.
As was previously the case, the Class EA will not apply to a transmission line project that is associated with a generation facility that is subject to the Environmental Screening Process under O. Reg. 116/01 (Electricity Projects).
Transmission line projects that are capable of operating at a nominal voltage greater than or equal to 345 kV and are 75 km or more in length are excluded from the Class EA and remain subject to the Individual EA process.
The environmental assessment requirements for transmission line projects, including the changes that have been made, are shown in the following table.
| Voltage in kilovolts (kV) / Length in kilometres (km) | 2 < km < 50 | 50 ≤ km < 75 | ≥ 75 km |
|---|---|---|---|
| =115 kV | Class EA | Class EA | Class EA |
| 115 < kV < 345 | Class EA | Class EA (change from Individual EA) | Class EA (change from Individual EA) |
| 345 ≤ kV < 500 | Class EA | Class EA (change from Individual EA) | Individual EA |
| ≥ 500 kV | Class EA (change from Individual EA) | Class EA (change from Individual EA) | Individual EA |
1. Transmission lines 2 km or less in length or less than 115 kV are not subject to the Act↩
2. Class EA Screening Process
Section 3.3 of the Class EA includes a provision that allows proponents to screen out low impact projects. Under the amended Class EA, the planning, design and construction of following types of transmission line projects do not qualify for the Class EA screening process, and instead must proceed under the full Class EA process:
- projects that are capable of operating at a nominal voltage greater than 115 kV but less than 345 kV and are greater than or equal to 50 km in length
- projects that are capable of operating at a nominal voltage greater than or equal to 345 kV but less than 500 kV and are greater than or equal to 50 km but less than 75 km in length
- projects that are capable of operating at a nominal voltage greater than or equal to 500 kV and are more than 2 km but less than 75 km in length
3. Transition
The Class EA will not apply to a transmission line project that is of a type listed immediately above if a proposed terms of reference was submitted for the project before January 1, 2022. Such a project is required to continue with the individual EA process.
Other initiatives
In fall 2020 the ministry began consultation on the proposed Project List for projects that would require a comprehensive environmental assessment. A subsequent regulation proposal was posted on November 26, 2021. The thresholds for transmission lines were updated in advance of a decision regarding the proposal for the comprehensive EA projects regulation to support the development of priority electricity transmission infrastructure projects.
Regulatory impact statement
There are no direct compliance costs or new administrative burdens associated with the regulation. Cost savings to proponents are anticipated as a result of following the Class EA process to address the requirements of the Environmental Assessment Act compared to completing an Individual EA.
Effects of consultation
We received a total of 14 comments:
- 5 comments through the Registry
- 9 direct emails
Two of the comments received were submitted after the comment period and were also considered.
In addition to consulting through the Environmental Registry, we also held information webinars with Indigenous communities.
The comments received range from full support of the proposal to adopting a precautionary approach and not updating the thresholds.
The following is a brief summary of the comments received on the proposal and how we considered them:
To ensure meaningful consultation on transmission project assessment, with Indigenous communities in particular, consultation must occur at the project onset
Response: The ministry agrees that it is important to involve Indigenous communities in the early stages of a project so they can be meaningfully involved in the environmental assessment process. The Class EA and Individual EA processes both require proponents to notify communities at the start of the process.
As part of our efforts to modernize the environmental assessment program, we also plan to update our Code of Practice for Consultation in Ontario’s Environmental Assessment Process and will be engaging Indigenous communities, stakeholders and the public at that time.
The importance of considering cumulative effects in environmental assessments and avoiding project splitting
Response: We will continue to consider cumulative effects, as applicable, including how they are reported, as we work through our modernization efforts. The Code of Practice for Preparing and Reviewing Environmental Assessments in Ontario encourages proponents to provide information about cumulative effects of the project in submissions made to the ministry. Section 6.5 of the Class Environmental Assessment for Minor Transmission Facilities requires all proponents to consider cumulative effects when planning projects.
The ministry will continue to work with proponents to avoid project-splitting.
Certain transmission lines should continue to require an Individual EA (e.g., lines 115 < kv < 345 and greater than 75 km in length)
Response: The updated thresholds for transmission lines align with the thresholds in regulations under the federal Impact Assessment Act for new international electrical transmission lines. Projects that follow the Class EA process will still require consultation with:
- Indigenous communities
- the public
- stakeholders
They will also continue to require:
- assessment of environmental impacts
- development of mitigation measures
- documentation of the findings in a report
Under the Class EA process, a person may request that the Minister issue a section 16 order requiring an individual EA or imposing conditions in addition to those in the Class EA, if the order may prevent, mitigate or remedy adverse impacts to constitutionally protected Aboriginal and treaty rights. The Minister can also issue a section 16 order on their own initiative, provided the order is made within the timeframes set out in the Environmental Assessment Act.
Supporting materials
Related linksClick to Expand Accordion
- Modernizing Ontario’s environmental assessment program
- Guide to Environmental Assessment Requirements for Electricity Projects
- Class Environmental Assessment for Minor Transmission Facilities
- Project information about the Class Environmental Assessment for Minor Transmis…
- O. Reg. 852/21: AMENDMENTS TO THE CLASS ENVIRONMENTAL ASSESSMENT FOR MINOR TRAN…
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
135 St Clair Ave West
4th Floor
Toronto,
ON
M4V 1P5
Canada
Connect with us
Contact
Sally Renwick
135 St. Clair Ave W
4th Floor
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
Ontario is updating the almost 50-year-old Environmental Assessment (EA) program to support building safer and stronger communities, while maintaining environmental protection. As part of our modernization efforts, we are proposing changes to the environmental assessment requirements for certain transmission line projects, under the Environmental Assessment Act.
These proposed changes, if approved, will update the EA requirements for critical transmission infrastructure, while ensuring strong environmental protections are in place. These changes will support expanded access to lower carbon energy sources from Ontario’s electricity grid, promote regional economic development and shorten-times for building critical infrastructure projects across the province. The proposal will also benefit First Nations Communities by streamlining the process for off-grid communities in the Far North to connect to the transmission network.
Background
On July 21, 2020, the COVID-19 Economic Recovery Act, 2020 was passed and included amendments to the Environmental Assessment Act (EAA) and related consequential amendments. The notice can be found at: https://ero.ontario.ca/notice/019-2051
These amendments enabled the next steps in modernizing Ontario’s environmental assessment program, helping to:
- ensure strong environmental oversight
- facilitate Ontario’s economic recovery
On September 11, 2020, the ministry posted a proposed list of projects which would be subject to the comprehensive environmental assessment requirements in Part II.3 of the EAA. The notice can be found at: https://ero.ontario.ca/notice/019-2377
Through this consultation we:
- proposed maintaining existing thresholds for electricity projects that require a comprehensive environmental assessment
- requested input on whether changes should be made
Proposed changes to thresholds
We are proposing to change the provincial voltage and distance thresholds for transmission lines that require an individual environmental assessment. The proposed changes would align with the thresholds in the federal regulation under the federal Impact Assessment Act that designates international electrical transmission lines, namely 75 kilometres (km) or longer and a voltage of 345 kilovolts (kV) or greater.
We are proposing that establishing transmission lines:
- 75 km or more in length and 345 kV or greater in voltage would be required to complete an individual environmental assessment.
- more than 2 km in length and with a nominal voltage of 115 kV or more, but which do not meet the criteria for an individual environmental assessment, would follow the Class Environmental Assessment for Minor Transmission Facilities (Class EA), as amended from time to time.
This proposal relates only to establishing transmission lines that are not associated with generation facilities that are subject to the Environmental Screening Process under O. Reg. 116/01 (Electricity Projects).
Currently, as outlined in the table below, an individual environmental assessment is required to establish a transmission line that is:
- greater than 115 kV and less than 500 kV and greater than or equal to 50 km in length
- greater than or equal to 500 kV and greater than 2 km in length
and not associated with a generation facility that the Environmental Screening Process applies to under O. Reg. 116/01.
The Class EA applies to the establishing of a transmission line that is below these thresholds and not associated with a generation facility that the Environmental Screening Process applies to under O. Reg 116/01. Note that establishing a transmission line that is 2 km or less in length or that is designed to operate at a nominal voltage of less than 115 kV is not subject to the EA Act.
These requirements are explained in the:
- Guide to Environmental Assessment Requirements for Electricity Projects
- Class EA for Minor Transmission Facilities
If these proposed changes to the thresholds are approved, the Class EA for Minor Transmission Facilities would apply to establishing transmission line projects that:
- have a voltage greater than or equal to 115 kilovolts but less than 345 kilovolts, greater than 2 kilometres in length;
- have a voltage greater than or equal to 345 kilovolts and less than 75 kilometres in length.
The current and proposed changes to environmental assessment requirements for establishing transmission lines are shown in the following table.
| Voltage in kilovolts (kV) / Length in kilometres (km) | 2 < km < 50 | 50 ≤ km < 75 | ≥ 75 km |
|---|---|---|---|
| =115 kV | Class EA | Class EA | Class EA |
| 115 < kV < 345 | Class EA | Class EA (change from Individual EA) | Class EA (change from Individual EA) |
| 345 ≤ kV < 500 | Class EA | Class EA (change from Individual EA) | Individual EA |
| ≥ 500 kV | Class EA (change from Individual EA) | Class EA (change from Individual EA) | Individual EA |
1. Transmission lines 2 km or less in length or less than 115 kV are not subject to the Act↩
We are not proposing changes to requirements for projects associated with a generation facility that the Environmental Screening Process applies to under O. Reg. 116/01 (Category B generation projects). For more information on these types of projects please see the Guide to Environmental Assessment Requirements for Electricity Projects..
The changes to these thresholds in the Class EA are proposed to be made by regulation under the Environmental Assessment Act. The regulation making authority in 15.1.4 would be proclaimed if the decision is to proceed with the regulation. No changes to the designations and exemptions in O. Reg. 116/01 will be necessary to implement this change.
The Class EA for Minor Transmission Facilities
The Class EA for Minor Transmission Facilities is a type of streamlined environmental assessment process that is used for projects with predictable and manageable environmental effects, that can be planned and constructed in accordance with a common process that:
- includes requirements for consultation, including consultation with Indigenous communities
- requires the consideration of potential environmental impacts and mitigation of any such impacts, before a project proceeds
We are proposing that the additional projects, identified in the table above, would be subject to the process outlined in the Class EA for Minor Transmission Facilities, which requires an electricity transmission proponent to:
- establish the need for the project
- consider alternatives to the project and alternative methods for the project
- conduct an environmental inventory/analysis
- document the studies and process in an environmental study report
- consult with Indigenous communities, the public, and government agencies
- develop a monitoring strategy for the project
Section 3.3 of the Class EA describes a screening process that can be used by transmission project proponents to screen out proposed projects that are determined to have very low potential for environmental effects. Upon successful completion of this process, the project would be exempt from the Act. This screening process is generally used for minor projects, such as constructing short transmission lines (i.e. between 2 and 4 kilometres in length). As such, the ministry is proposing that these additional project types (outlined in the table above) would not be eligible to use the screening process in the Class EA.
2020 proposed amendments to the Class EA for Minor Transmission Facilities
In July 2020, the ministry began consulting on amendments to the Class EA for Minor Transmission Facilities. More information on the proposed amendments can be found on our website at: https://www.ontario.ca/page/class-ea-minor-transmission-facilities
The ministry continues to consult with Indigenous communities on those proposed amendments and is proposing to proceed with this proposal separately from the July 2020 amendments. If the amendments proposed in July 2020 are approved, and may impact this proposal, the ministry will provide further information, including potential updates to this posting or direct notification.
Please note that there is a separate posting by the Ministry of Energy related to Ontario Energy Board leave to construct approval for certain transmission projects. Refer to https://ero.ontario.ca/notice/019-4009 for additional information.
Transition provisions
If the proposed changes are made, there may be projects that could be affected by the updated thresholds and so transition provisions will be included.
We are proposing that the Waasigan Transmission Line project by Hydro One, which has commenced an individual environmental assessment approval (terms of reference for this project has already been submitted to the ministry) be required to continue. The ministry is not aware of any other projects that have submitted a Terms of Reference for which transition provisions would be required. However, any other project for which a Terms of Reference has been submitted as of the date the regulation takes effect is also proposed to be required to continue with the individual environmental assessment process.
Comprehensive EA project list proposal
As noted above, the ministry consulted in fall 2020 on the list of projects proposed to be subject to a comprehensive environmental assessment. While the ministry is proposing to proceed with this change to the Class EA in respect of the specific thresholds for transmission lines, we will consult in the future on the draft regulation setting out the proposed projects that would be subject to a comprehensive environmental assessment and a summary of related Class EA amendments. This current proposal is intended to advance the regulatory work and decision making as it relates to transmission lines.
Regulatory impact statement
There are no direct compliance costs or new administrative burdens associated with the proposed regulation. Cost savings to proponents are anticipated as a result of following the Class EA process to address the requirements of the Environmental Assessment Act compared to completing an individual EA.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Comment
Commenting is now closed.
This consultation was open from July 5, 2021
to September 3, 2021
Connect with us
Contact
Sally Renwick
135 St. Clair Ave W
4th Floor
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
5By email
9By mail
0