Clarifying the authority to change the classes of projects to which a class environmental assessment process applies

Background

As part of the Ontario government’s ongoing work to modernize the environmental assessment program, the ministry is proposing a minor amendment to the Environmental Assessment Act to make it clearer that the authority to amend a Class EA and a Class EA approval, includes changing the types (or classes) of projects that can follow a Class EA.

To protect and safeguard the environment, projects that follow the Class EA process will still require consultation with Indigenous communities, the public and stakeholders, assessment of environmental impacts, development of mitigation measures and documentation of the findings in a report.

What are we proposing?

The Environmental Assessment Act includes authority to amend a Class EA by regulation or by Minister’s amendment. The related sections of the Act include:

• s.15.1.4 Amendment, etc. by regulation
• s. 15.4 Amendment of an approved class environmental assessment

We are proposing a minor amendment to the Environmental Assessment Act to clarify that the authority includes changing the classes (or types) of projects to which a Class EA applies.

Other related EA initiatives

Amendments made to the Environmental Assessment Act in 2020 enabled the next steps in modernizing Ontario’s EA program. These steps will be implemented, subject to consultation, through subsequent regulations, including:

• moving to project lists that would require EA based on impact and project type
• replacing class EAs with a streamlined assessment framework that has consistent requirements

In fall 2020 the ministry began consultation on the Project List for projects that will require a comprehensive environmental assessment. You can review ERO notice 019-2377 for details. Consultation on the draft Comprehensive EA Project List Regulation is planned for later in 2021.

In July 2021 the Ministry initiated consultation on a proposal that would allow some electricity transmission lines that currently require an individual EA to follow a Class EA process. You can review ERO Notice 019-3937 for details.

Through our ongoing EA modernization work, there may be other projects that could be moved from requiring an individual/comprehensive EA to a Class EA process.

This minor amendment to the Environmental Assessment Act will support our smooth transition to a modernized EA program by clarifying that the authority to amend a Class EA and a Class EA approval, includes changing the classes of projects that can follow a Class EA. In the event that the authority to move a project type from an individual/comprehensive EA to a Class EA process is used, that proposed change would be consulted on.

Read more about modernizing Ontario’s EA processes.

What is a Class EA process?

A Class EA is a document that sets out a standardized planning process for classes or groups of activities that are carried out routinely. These activities have predictable environmental effects that can be readily managed.

Projects defined within a class that are planned according to the procedures set out in the document do not require further environmental approval under the Environmental Assessment Act, provided no order under s. 16(1) of the Act is made.

Typically, a class EA sets out a process for:

• characterizing the problem or opportunity
• considering alternative solutions and design
• preparing EA documentation
• implementing the project

Integral to the process are:

• consulting, including consulting with Indigenous communities
• considering and mitigating potential environmental impacts before a project proceeds

There are currently 10 approved Class EAs, which set out streamlined processes for provincial highways, municipal works, minor transmission facilities, etc.

Other information

There are no direct compliance costs or new administrative burdens associated with the proposal. The proposal is a clarification that would enable cost savings to proponents as a result of following the Class EA process compared to completing an individual or comprehensive EA.