Moving to a project list approach under the Environmental Assessment Act

Previous notice updates

This proposal was originally published on November 26, 2021. Since then, we have made the following updates:

• March 28, 2023, updated to correct a typo in Table 2. The correct date for the updates to the EA requirements for Waste - Thermal treatment is July 1, 2022.
• March 14, 2023, updated to add the French version of the notice.
• March 10, 2023 updated to propose changes to the proposed designation of rail, multi-lane highways, electricity transmission and waterfront projects. The changes are described in the “March 2023 Proposal Update” section below. The remainder of the notice hasn’t changed. We opened the comment period for another 60 days.
• January 18, 2022 updated to include a link to a recent proposal posting related to advanced recycling facilities (ERO 019-4867) and to advise that a decision was recently made on the proposal to update the thresholds for transmission line projects (ERO 019-3937). Both notices can be found in the related ERO notices section.
• December 20, 2021 updated to clarify the voltage for transmission stations that would require a comprehensive environmental assessment.

August 2023 Update

We have amended three existing regulations, and taken related actions to implement certain policy elements of this proposal. We have made the following changes:

1. Amendments to Ontario Regulation 101/07 (Waste Management Projects) made under the Environmental Assessment Act to change the environmental assessment requirements for certain landfill expansion projects and to make the Minister the decision maker for elevation requests.
2. Amendments to Ontario Regulation 231/08 (Transit Projects and Metrolinx Undertakings) made under the Environmental Assessment Act to authorize the Minister to amend or revoke conditions that were previously imposed on a transit project.
3. Amendments to Regulation 334 (General) made under the Environmental Assessment Act to extend the current exemption for projects or activities related to land claim settlements to include Crown undertakings related to any settlement of the Algonquins of Ontario land claim.
4. Updates to the Guides to environmental assessment requirements for waste management and electricity projects to align with regulatory changes including previous amendments made with respect to thermal treatment sites engaging in advanced recycling, and to make the Minister the decision-maker for elevation requests.
5. Amendments to the Algonquin Land Claim Declaration Order to align with the approved exemption

The regulations were filed and came into effect on August 8, 2023. Previous amendments made with respect to thermal treatment sites engaging in advanced recycling came into effect on July 1, 2022.

Please see the document “Partial Decision – August 2023 (ERO 019-4219) attached in the Supporting materials section of this notice, for details about the above.

Copies of the updated Guides to environmental assessment requirements for waste management and electricity projects are attached in the Supporting materials section of this notices

The remainder of the proposal is still under consideration.

March 2023 proposal update

Ontario is taking continued action to modernize its almost 50-year-old environmental assessment process that is not reflective of best practices and that places undue burden on proponents that may not lead to environmental benefits and results in unnecessary cost for critical infrastructure projects.

As part of modernizing the EA process, we are proposing changes that allow more projects to follow a streamlined EA process.

These proposed changes will better align Ontario with other jurisdictions across Canada, including the federal government, who use project lists to determine the types of projects that must complete a comprehensive environmental assessment.

Projects that are proposed to follow a streamlined process will continue to ensure environmental oversight and robust consultation prior to the project being able to proceed.

Environmental standards and protections will remain in place and continue to be a top priority for the government as we work to ensure Ontario has good paying jobs, affordable housing and a strong economy.

Changes to proposal

In November 2021, Ontario consulted on proposed regulations and related actions to move to a project-list approach for projects that would require a comprehensive environmental assessment (currently referred to as an individual environmental assessment) under the Environmental Assessment Act (EAA).

Ontario is now seeking input on a revised proposal that would allow for more projects to follow a streamlined process to reduce timelines for these projects while continuing to provide opportunities for consultation and environmental oversight.

The revisions to the proposal involve moving all transportation (highways and rail) and electricity transmission projects that had been proposed for a comprehensive EA to a streamlined EA process. The revised proposal also includes a new transition provision for waterfront projects (see details below).

The revised proposal does not include any changes to what was previously proposed for waste projects, waterpower facilities or large oil electricity generation facilities.

The supporting document and draft regulations from the November 2021 posting remain attached for reference but have not been updated with the March 2023 changes to the proposal.

Table 1: Overview of revised proposal for four project types (to be read in conjunction with text below)

Sector	Original Proposal (November 2021)	Revised Proposal (March 2023)
Highways (freeways and expressways)	Establishing a highway ≥ 75 km in length that meets specific criteria set out in regulation would be subject to comprehensive EA	Description Establishing a freeway or expressway of any length would be subject to streamlined EA. Change from original proposal Establishing a highway ≥ 75 km in length that meets specific criteria would be subject to a streamlined EA process.
Rail	Establishing a rail line ≥ 50 km would be subject to comprehensive EA; < 50 km would be subject to a streamlined process	Description Establishing rail of any length by ONTC would be subject to a streamlined EA process. Change from original proposal Establishing a rail line ≥ 50 km would be subject to a streamlined EA process.
Electricity transmission	Transmission lines ≥ 345 kV and ≥ 75 km in length that are not associated with certain generation facilities subject to comprehensive EA Transformer stations > 500 kV and not associated with certain generation facilities subject to comprehensive EA	Description All transmission lines and transformer stations follow a streamlined EA process. Change from original proposal Transmission lines ≥ 345 kV and ≥ 75 km and transformer stations > 500 kV that are not associated with certain generation facilities would be subject to a streamline EA process.
Waterfront	Projects in the Great Lakes-St. Lawrence River System and that involve works that both: alter > 1 km of shoreline; and involve fill > 4 ha of lakebed or riverbed	New transition provision.

Transportation projects

In November 2021, the ministry proposed that the establishment of a new highway or extension of an existing highway of 75 km or more in length be made subject to the comprehensive EA requirements where the highway meets all of the following criteria:

• is at least 2 lanes in each direction;
• where travel in each direction is divided by a physical median strip;
• where access to the highway is provided primarily by grade separated interchanges; and
• where the posted speed for the highway is at least 80 km/hour.

The ministry is no longer proposing to designate for comprehensive EA establishing a highway ≥ 75 km in length. Instead, the ministry is proposing to make any highway project of this type that is undertaken by the Ministry of Transportation or a municipality and that currently requires a comprehensive EA to be made subject to the streamlined EA process set out in the Class EA for Provincial Transportation Facilities (MTO Class EA).

It is proposed that the MTO Class EA be amended to apply to the planning of new freeways (i.e., freeways are controlled access median divided highway facilities with grade separated crossings and interchanges and examples include the QEW and 400 series). The Class EA already applies to changes by MTO to an existing freeway.

It is also proposed that the MTO Class EA be amended to include municipal expressway projects. Expressways are median divided roads with some interchanges and grade separations and are for high-speed traffic; for example, the Don Valley Parkway.

The MTO Class EA is a streamlined process that sets out the requirements for the assessment of highway projects, including consultation and documentation requirements. Using the MTO Class EA would provide a consistent approach in terms of how these types of highways are assessed.

The MTO Class EA categorizes transportation facility projects into four groups, with varying levels of assessment and consultation. The groups are:

• Group A: projects that involve new transportation facilities
• Group B: projects which are major improvements to existing transportation facilities
• Group C: projects which are minor improvements to existing transportation facilities
• Group D: activities which involve operation, maintenance, administration and miscellaneous work for provincial transportation facilities (Group D projects are exempt from the EAA)

Establishing of a freeway or expressway (i.e. a highway that meets the criteria described above) would be assigned to Group A, which requires the highest level of assessment and consultation. Changes to an expressway would fall into Group A, B or C depending on the change being made.

It is proposed that the transportation needs assessment requirements in section 4.4 of the MTO Class EA would not apply to municipalities. Municipalities could instead refer to approved municipal transportation studies to support preplanning work or information requirements in the Class EA (e.g., Master Transportation Plan for an expressway).

A person may request that the Minister make an order under section 16 of the EAA for a project to which the Class EA applies to require a comprehensive EA or to impose conditions on the project, in addition to those in the Class EA. This type of request can only be made on the grounds that an order may prevent, mitigate or remedy adverse impacts to constitutionally protected Aboriginal or treaty rights. The Minister can also make a section 16 order on their own initiative, within the timeframes set out in the EAA.

Consequential amendments to the MTO Class EA for highways would be necessary and would be made to the approved MTO Class EA.

Note: Amendments to the Class EA proposed in 2020 (link ERO 019-1712) are separate from this proposal and are still under consideration at this time.

Railway projects

In November 2021, the ministry proposed that the establishment of a railway line (passenger or freight) of 50 km or more be made subject to comprehensive EA requirements. We also proposed that the project assessment process under the proposed amendments to O. Reg. 231/08 apply to Ontario Northland Transportation Commission. The regulation was proposed to be renamed Transit and Ontario Northland Transportation Commission Project Assessment Project Assessment Process to better reflect the projects to which the regulation would apply.

Additionally, in November 2021 we proposed that certain other projects by ONTC (e.g., constructing a new station in or adjacent to a sensitive area) would be subject to the streamlined assessment process set out in O. Reg. 231/08. We continue to propose that these projects would be subject to that project assessment process.

Ontario is now proposing that the project assessment process set out in O. Reg. 231/08 apply to establishing a railway line (passenger or freight) of any length by Ontario Northland Transportation Commission.

While a streamlined process can be completed in less time than a comprehensive EA, projects that follow a streamlined process still require consultation and mitigation of potential effects. The project assessment process set out in the O. Reg. 231/08 includes requirements for consultation, studies, mitigating impacts and documenting the findings in a report.

There is an opportunity under the project assessment process to submit an objection to the Minister. The Minister may require further consideration of the project undergoing the process (including requiring a comprehensive EA) or impose conditions on the basis that there may be a negative impact on specified grounds, including on constitutionally protected Aboriginal or treaty rights.

Electricity transmission projects

In November 2021, the ministry proposed to maintain existing requirements for electricity projects. Under that proposal, establishing two types of electricity transmission infrastructure would be subject the comprehensive EA process:

• Transmission lines ≥ 345 kilovolts (kV) and ≥ 75 km in length that are not associated with generation facilities listed in ss. 4 (1) of O. Reg. 116/01
• Transformer stations > 500 kV that are not associated with generation facilities listed in ss. 4 (1) of O. Reg. 116/01

Ontario is now proposing that these two types of transmission projects and any significant modifications to these types of electricity transmission infrastructure be subject to the Class EA for Minor Transmission Facilities (MTF Class EA) instead of requiring a comprehensive EA.

The proposal does not apply to projects associated with category B generation facilities (i.e., electricity generation facilities that are subject to the Environmental Screening Process for electricity projects under O. Reg. 116/01).

The MTF Class EA includes requirements for consultation, and mitigation of environmental impacts before a project proceeds. The MTF Class EA (2022) would be amended to make this proposed change.

The MTF Class EA has a provision that allows low impact projects to be screened out. The transmission projects proposed to be added to this Class EA as described in this proposal would not be eligible to for being screened out.

As described above, the Minister can make an Order under section 16 of the EAA to require a comprehensive EA or to impose additional conditions on a Class EA project, including the MTF Class EA.

Waterfront projects

In the November 2021 proposal, Ontario proposed making certain waterfront projects in the Great Lakes-St. Lawrence River System subject to comprehensive EA requirements. We are continuing to propose that projects that meet the criteria require a comprehensive EA.

Ontario is now proposing to expand the originally proposed transition provision in the proposed designations and exemptions regulation specific to waterfront projects. The originally proposed transition provision would provide an exemption from comprehensive EA requirements for a waterfront project that commenced the class EA process under the Remedial Flood and Erosion Control Projects Class EA before the date Part II.3 (Comprehensive EA) of the EAA comes into force. Ontario is now proposing to extend this provision to projects that have commenced under any of the Class EAs. Ontario is also proposing that for projects that meet the criteria that where a Planning Act application that includes proposed waterfront works has been submitted in respect of the project before March 10, 2023, a comprehensive EA would not be required.

Overview of projects proposed for comprehensive EA

The ministry proposes that the following project types be subject to the comprehensive EA process.

Table 2: Types of projects proposed for comprehensive EA

Sector	Project Proposed for Comprehensive EA
Electricity – Generation	Hydroelectric facilities with a capacity ≥ 200 MW Generation facilities that use oil, with a capacity of > 5 MW Generation facilities that use coal Changing a facility noted above if the change is a significant modification (as that term is defined in O. Reg. 116/01)
Waste – Landfill	Establishing a landfill with a total waste disposal volume (total volume) greater than 100,000 cubic metres (100,000 m3) Landfill expansions > 375,000 m3 increase in total waste volume Landfill expansions of more than 100,000 m3 and less than or equal to 375,000 m3 and either: (a) the expansion would increase the total waste disposal by more than 25% or (b) it would increase the total waste disposal by less than 25%, but such a change was evaluated under the Environmental Screening Process for Waste Management Projects in the preceding specified period. A change to a landfill that: involves the excavation of waste previously disposed of at the landfill; and the excavation would increase by more than 100,000 cubic metres the amount of waste that could be deposited at the site without any increase in the total waste disposal volume.
Waste - Hazardous	Establish a waste disposal site at which hazardous or liquid industrial waste is finally disposed of, and certain changes to these facilities.
Waste – Thermal treatment	Comprehensive EA requirements for these sites are based on tonnage, uses and fuel type. The EA requirements for thermal treatment facilities were updated July 1, 2022 to update EA requirements for advanced recycling projects (ERO 019-4867). Proposal is that a comprehensive EA would be required for types of projects that currently require an individual EA. Those projects that are subject to the environmental screening process would continue to be subject to the environmental screening process.
Waterfront	Establishing works in the Great Lakes-St. Lawrence River System that: alter >1 km of shoreline; and involve fill > 4 ha of

Other Current EA Modernization Proposals:

Evaluating municipal class environmental assessment requirements for infrastructure projects (ERO 019-6693)

Ontario is proposing to evaluate and change Environmental Assessment Act requirements for municipal infrastructure projects that are currently required to follow the process under the Municipal Class Environmental Assessment (e.g., roads, water, and wastewater systems projects).

Improving Timelines for Comprehensive Environmental Assessment (ERO 019-6705)

Ontario is providing an update on the government’s plan to reduce the amount of time it takes to complete a comprehensive or individual environmental assessment (EA) while maintaining environmental oversight and opportunities for consultation.

Original Proposal (November 2021)

Overview of proposed regulations and related actions

The July 2020 amendments to the Environmental Assessment Act (EAA) enabled, among other things, the move to a project list approach, which means that projects that require a comprehensive environmental assessment (EA) (previously known as an individual EA) will be listed in the regulation rather than being based mainly on who is proposing the project.

Taking this approach will better align Ontario with other jurisdictions across Canada, who use project lists to determine the types of projects that must complete an EA. The shift to a Comprehensive EA Project List would ensure environmental safeguards are in place and allow us to align some of our thresholds with those of the federal government for key sectors.

Under the proposal, most project types that currently require a comprehensive EA will continue to need one. However, we are proposing a few changes to allow some projects to instead follow a streamlined process which will continue to ensure environmental oversight and robust consultation prior to the project being able to proceed.

To move to a project list approach, we are proposing the following:

• designating and exempting regulation: new regulation identifying the projects that would be subject to comprehensive EA requirements (comprehensive EA projects regulation); this regulation would also replace O. Reg. 101/07 (Waste Management) and O. Reg. 116/01 (Electricity Projects), and the exemption in O. Reg. 231/08 (Transit Projects and Metrolinx Undertakings). The Waste Projects and Electricity Projects regulations would be revoked, and the Transit Projects regulation would be amended.
• amendments to O. Reg. 231/08 (to maintain the Project Assessment Process in O. Reg. 231/08)
• amendments to class environmental assessments (to ensure alignment between class EAs and the projects that would be subject to comprehensive EA requirements) and revoking the Class EA for GO Transit Facilities
• new regulation exempting some projects from the EAA (this new regulation will replace Regulation 334 General)
• complementary amendments to regulations made under statutes other than the EAA
• complementary amendments to and revocations of regulations and orders made under the EAA
• new transitional and general matters regulation, which sets out transition rules and general matters.

A summary of these proposed regulations and related actions is set out below. You can read more details on the proposed regulations, class EA amendments, and amendments to and revocation of regulations and orders in the attached document Moving to a Project List Approach under the Environmental Assessment Act. The drafts of the key proposed regulations are also attached to this notice.

Background

On July 21, 2020, the COVID-19 Economic Recovery Act, 2020 was passed. It included:

• amendments to the Environmental Assessment Act (EAA)
• related consequential amendments

You can read the Environmental Registry notice for these amendments at https://ero.ontario.ca/notice/019-2051.

These amendments enable 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, we proposed a list of projects which would be subject to comprehensive EA requirements under the new Part II.3 of the EAA (policy proposal). You can read the Environmental Registry notice at https://ero.ontario.ca/notice/019-2377.

In that notice, we indicated we would seek input on a draft regulation based on feedback we received on the proposed project list.

Proposed comprehensive EA projects regulation

The sections below provide a summary of the proposed comprehensive EA projects regulation that would identify the projects subject to a comprehensive EA.

For detailed information on each of the matters below, we have attached:

• Moving to a Project List Approach under the Environmental Assessment Act, and
• the proposed comprehensive EA projects regulation as well as other related proposed regulations

Waste management, electricity and transit projects

We are proposing to revoke the:

• Electricity Projects regulation (O. Reg. 116/01);
• Waste Management Projects regulation (O. Reg. 101/07),

And to amend and rename the:

• Transit Projects and Metrolinx Undertakings regulation (O. Reg. 231/08)

These three regulations designate:

• projects that require an individual EA (now known as a comprehensive EA)
• projects that are eligible to follow a “streamlined” EA process, namely projects that require an individual EA but are conditionally exempt subject to following the streamlined process, such as the electricity or waste management screening processes, or the transit project assessment process, and
• projects that are unconditionally exempt from EA requirements

We are proposing to continue the waste, electricity and transit project designations through the proposed comprehensive EA projects regulation, including providing access to a streamlined process for some projects and unconditional exemptions for others consistent with the requirements below.

We are also proposing some adjustments due to the structure of the new regulation and clarification of some terminology.

Electricity projects (see March 2023 Proposal Update above)

We are proposing that electricity projects, including those below, be required to complete a comprehensive EA:

• transmission stations that are designed to operate at a voltage of more than 500kV and that are not associated with certain generation facilities
• hydroelectric facilities with a capacity of greater or equal to 200 megawatts
• generating facilities that use oil, with a capacity greater than 5 megawatts
• Project Modifications – significant modifications to electricity projects will continue to require a comprehensive EA, consistent with current provisions as noted in section 8 of the proposed comprehensive EA projects regulation.

The ministry recently consulted on a proposal to update the thresholds that determine the type of environmental assessment process required for establishing a transmission line not associated with generation. The information on this proposal can be found at https://ero.ontario.ca/notice/019-3937.

With the exception of the proposal to adjust the thresholds for transmission line projects, the electricity projects that currently require a comprehensive EA would continue to require one. We are proposing updated descriptions of the activity that would trigger the EA requirements. The proposed change is that the establishment of the project would be subject, rather than the planning, design, operation, etc. This proposed change would provide consistency with other project types.

We will also maintain the ability to use the streamlined process for those projects that are currently designated and conditionally exempted subject to following the streamlined process. We are not proposing to make any changes to the projects that are unconditionally exempt.

The new regulation will update some terminology for consistency, and make corresponding changes to the Guide for Electricity Projects including reflecting that the Minister is the only decision-making authority related to elevation requests, which are requests that a project following the screening process be elevated to a comprehensive EA.

Waste management projects

We are proposing to require a comprehensive EA for projects including:

Landfills:

• Establishing a landfill greater than 100,000 cubic metres.
• Changing a landfill to increase the total waste disposal volume by more than 375,000 cubic metres
• Changing a landfill to increase the total waste disposal volume by more than 100,000 cubic metres and less than or equal to 375,000 cubic metres if the change would increase the total waste disposal volume by more than 25%
• A change to a landfill that:
  • involves the excavation of waste previously disposed of at the landfill; and
  • the excavation would increase by more than 100,000 cubic metres the amount of waste that could be deposited at the site without any increase in the total waste disposal volume.

Hazardous or Liquid Industrial Waste Facilities:

• Establish a waste disposal site at which hazardous or liquid industrial waste is finally disposed of.
• A change to a landfill for hazardous waste or liquid industrial waste that:
  • results in an increase in the total approved waste disposal volume of the site; or
  • involves the excavation of previously disposed of waste.
• A change to a thermal treatment site at which hazardous waste or liquid industrial waste is subject to thermal treatment that increases the amount of waste that is authorized to be thermally treated at the site on any day.

We are also proposing corresponding updates to the thresholds for determining environmental assessment requirements for certain landfill expansions such that the following projects would be able to use the streamlined EA process for waste management projects:

• Changing a landfill to increase the total waste disposal volume by more than 100,000 cubic metres and less than or equal to 375,000 cubic metres if the change would increase the total waste disposal volume by less than or equal to 25%

Consistent with current requirements, changing a landfill to increase the total waste disposal volume by 40,000 cubic metres or more and less than or equal to 100,000 cubic metres would remain eligible to follow the streamlined EA process.

The proposed revisions will provide that proponents are not able to use the streamlined EA process to do a series of expansions over a defined period of time in order to avoid undertaking a comprehensive EA. The proposed updates to thresholds would not apply to hazardous or liquid industrial waste facilities.

Note: The proposed update is not incorporated into the proposed comprehensive EA projects regulation attached to this proposal notice.

Except for the proposed updates relating to landfill expansions of certain sizes summarized above, the waste projects which currently require a comprehensive EA would continue to require one. We would maintain the ability to use the streamlined process for projects that are currently designated and exempted subject to following the streamlined process. We are not proposing to make any changes to the projects that are unconditionally exempt.

We are also proposing changes to the Guide for Waste Projects, including reflecting that the Minister will be the decision-maker for ordering that a streamlined EA project be made subject to a comprehensive EA, for consistency with other streamlined processes.

Advanced Recycling Projects

Advanced recycling and energy recovery technologies can help recover valuable resources from Ontario’s waste – including hard-to-recycle plastics - and keep it out of landfills. The government continues to consider how best to streamline environmental assessment requirements and other environmental approvals to support the role of advanced recycling in meeting Ontario’s waste diversion goals.

Note: Although no changes to environmental assessment requirements for these technologies are incorporated into the proposed comprehensive EA projects regulation attached to this proposal notice, the ministry has now posted a separate proposal related to advanced recycling facilities (019-4867).  

Transit projects (see March 2023 Proposal Update above)

For transit projects, except for certain new passenger rail projects as noted below, we are proposing to generally maintain the types of projects set out in O. Reg. 231/08 (Transit Projects and Metrolinx Undertakings). The proposed comprehensive EA projects regulation will designate the projects that are currently captured by O. Reg. 231/08 and exempt them subject to following the streamlined process set out in the amended and renamed Transit Project Assessment Process (TPAP) or the applicable class EA.

We are proposing some adjustments to the designations largely to update the terminology for consistency and provide for consistency among proponents subject to the streamlined process.

We are proposing to amend and rename the Transit Projects and Metrolinx Undertakings regulation (O. Reg. 231/08):

• to retain the streamlined process, until a new regulation for streamlined transit projects and the related assessment process is made,
• re-name the streamlined process, to reflect that it will be available for certain Ontario Northland Transportation Commission (ONTC) projects,
• clarify notification requirements, and
• adjust the process to include the ability for the Minister to amend or revoke conditions imposed in a notice given by the Minister to allow the proponent to proceed with a transit project.

The proposed minor amendments to the transit project definitions align with the proposed comprehensive EA projects regulation and the relevant class EAs, including the Class EA for Provincial Transportation Facilities and Municipal Class EA.

We are also proposing:

• to revoke the Class EA for GO Transit Facilities since this class EA is rarely used by Metrolinx as they follow TPAP instead
• to make new rail lines of 50 km or greater subject to comprehensive EA requirements as further summarized below.

Highway projects (see March 2023 Proposal Update above)

We are proposing to require a comprehensive EA for:

• establishing new highways of 75 km or more in length meet specific criteria set out in regulation

Highway projects less than 75 km would be subject to the streamlined EA process set out in the Class EA for Provincial Transportation Facilities (MTO Class EA) which is proposed to be amended to apply to those projects.

This represents a change from current requirements which requires the planning of all new freeways, namely 400 series, irrespective of length, to complete a comprehensive EA.

This proposed approach would align Ontario’s distance with that used by the federal government under the impact assessment legislation for a new all-season public highway that requires a new right of way.

Railway and certain other projects

We are proposing to require a comprehensive EA for the following projects:

• establishing a new railway line (passenger or freight) of 50 km or more.

We are also proposing that the establishment of railway lines (passenger or freight) below 50 km in length and other rail and bus projects by the Ontario Northland Transportation Commission, such as stations, maintenance facilities and storage yards be eligible to follow the renamed TPAP process. Certain ONTC projects which would be constructed to support ONTC bus services are also proposed to be designated. These changes will provide better alignment with other public sector proponents and jurisdictions to promote consistency and clarity.

Railway line projects that would involve adding new tracks alongside and contiguous to an existing line, if undertaken by Metrolinx, ONTC, a municipality or MTO, irrespective of length, would also follow the streamlined process.

This represents a change from current requirements, as new railway projects may or may not trigger an EA process based on who is undertaking the project and whether they are eligible to follow a streamlined process.

You can read:

• Moving to a Project List Approach under the Environmental Assessment Act for additional information, and
• the proposed comprehensive EA projects regulation
• the proposed amending regulation (regulation amending O. Reg. 231/08)

Waterfront projects (see March 2023 Proposal Update above)

We are proposing to make certain waterfront projects in the Great Lakes-St. Lawrence River System subject to comprehensive EA requirements. These projects would involve establishing “works” (e.g. berm, marina, channel, island, beach, pier, wall or riprap), which meet both of the proposed criteria below:

• alter at least 1 km of shoreline, and
• require at least 4 ha of lakebed or riverbed to be filled

We are proposing that this designation apply to waterfront projects in the Great Lakes-St. Lawrence River System, which would be defined as the major water system consisting of:

• Lakes Superior, Huron, St. Clair, Erie and Ontario, and
• St. Marys, Detroit, Niagara, St. Clair and St. Lawrence rivers.

This represents a change from current requirements, where new waterfront projects may or may not trigger an EA process based on who is undertaking the project and whether they are eligible to follow a streamlined process. Waterfront projects which do not meet the proposed comprehensive EA thresholds might have requirements under a class EA process.

Mineral development projects

Mineral development projects are not included in the proposed comprehensive EA projects regulation. Ontario has a long history of regulating mineral development and has a deep understanding of the nature and type of environmental effects that mineral development can potentially create in some circumstances, as well as how to manage such potential effects.

We considered the ability of the current regulatory framework to address what an EA process for a mine would generally require, including public and Indigenous consultation requirements that already apply as part of the existing regulatory obligations. This information helped inform our decision on whether mineral development projects should be included in the proposed comprehensive EA projects regulation.

Mineral development projects will continue to have requirements under streamlined EA processes (as applicable), and proponents can continue to voluntarily carry out a comprehensive EA and fulfill other project-related requirements that would be triggered under legislation other than the EAA. In the past 10 years, nine proponents have volunteered to carry out a comprehensive EA for their mineral development projects. There will continue to be the authority to make specific projects subject to the comprehensive EA requirements.

Proposed amendments to Class Environmental Assessments

Until a project list is in place to designate the projects that would be subject to the streamlined environmental assessment (EA) requirements under Part II.4 of the Environmental Assessment Act (EAA), projects which are subject to a class EA will continue to be required to comply with the class EA. Amendments to certain class EAs will be required to align with the proposed projects and thresholds for certain types of projects that are proposed to be made subject to the comprehensive EA requirements.

The list below identifies the class EAs which we are proposing to amend to align with the comprehensive EA project designations.

Transportation

• Class EA for Provincial Transportation Facilities (MTO Class EA)
• Municipal Class EA

Electricity

• Class EA for Minor Transmission Facilities

Transit

• Municipal Class EA
• Class EA for Provincial Transportation Facilities

Waterfront projects

• Class EA for Remedial Flood and Erosion Control Projects
• Class EA for Resource Stewardship and Facility Development Facilities
• Municipal Class EA
• Government Property Class EA

In addition, we are proposing related amendments to be made to all of the class EAs to facilitate the transition to the new framework. This includes updating terminology and referencing of provisions in the revised EAA, adding text to enhance clarity about which proponents and projects are subject to a comprehensive EA or the specific class EA.

Note: The class EA amendments that are being proposed to ensure alignment between class EAs and the proposed comprehensive EA projects regulation are separate and in addition to the class EA amendments which the ministry proposed in July 2020. Those proposed amendments remain under review. For more information, you can refer to the Environmental Registry of Ontario posting 019-1712.

Proposed amendments to regulations and orders

Regulation 334

Regulation 334 is a general regulation under the Environmental Assessment Act (EAA) which sets out provisions that affect how the Act applies to certain types of projects.

In keeping with the phased approach to modernizing the EA framework and the application of the EAA to projects designated as comprehensive EA projects, many of the provisions of this regulation will not be necessary or are not consistent with the new framework. We are proposing to revoke and replace this regulation with a new regulation.

This also includes a proposal to amend the Land Claim Exemption (currently found in Regulation 334) so that it applies to undertakings related to any settlement of the Algonquin land claim where consultation on particular undertakings has not yet commenced under the Algonquin Land Claim declaration order. The proposal is also to amend the Algonquin Land Claim declaration order so that it would align with the proposed exemption. The Ministry of Indigenous Affairs (IAO) has a robust Indigenous Land Claim Consultation Process that provides a mechanism to address consultation with government agencies, Indigenous communities, and the public for these types of projects and activities. The process is proposed to be followed for projects and activities associated with any Algonquin land claim settlement where consultation has not yet commenced under the Algonquin Land Claim Settlement Declaration Order.

You can read:

• The attached document Moving to a Project List Approach under the Environmental Assessment Act
• the proposed new general regulation (Exemptions from the Act)

Regulations and declaration orders made under Environmental Assessment Act

The existing Environmental Assessment (EA) regulatory framework has, for a variety of reasons, required the implementation of over 100 instruments in the form of site-specific and program-based:

• declaration orders
• exemption orders
• regulations

These documents set out whether or not the Environmental Assessment Act (EAA) applies to the subject matter of the instrument (undertaking) and some include conditions associated with the exemption of the undertaking (conditional exemptions).

We are proposing to:

• make complementary amendments to some of these, such as cross-referencing the revised sections of the EAA, so they continue to be effective
• maintain some so that they continue to provide a framework for some activities
• revoke others to align with the modernized EA framework

Complementary amendments - regulations made under legislation other than Environmental Assessment Act

We are proposing to make complementary amendments to some regulations made under statutes other than the EAA that refer to the environmental assessment regulations proposed to be revoked, or to the provisions of the EAA that have been revised.

Proposed transition regulation

We are also proposing a new regulation that would set out the various transition rules, including how individual EAs that are underway would continue as comprehensive EAs once the regulation is in place.

We are proposing that where an individual EA is underway (i.e. the proponent has submitted a proposed Terms of Reference to the ministry), the transition provisions will provide that the EA process continues uninterrupted once the comprehensive EA projects regulation is made.

You can read:

• The proposed general and transitional matters regulation.

Proclamation

For the purposes of the proposed regulations and related actions in moving to a project list approach under the Environmental Assessment Act (EAA), several sections of the EAA, will be proclaimed in conjunction with the making of the proposed regulations and implementing all related actions. The sections that will be proclaimed will:

• Replace the existing application provision in section 3 of the EAA with an application section making the EAA apply only to designated projects,
• Repeal Part II of the EAA, and
• Add Part II.3

Regulatory impact statement

There are no anticipated direct costs or new administrative burdens associated with the proposed comprehensive EA projects regulation and related actions. While the proposal could result in a minor, temporary increase in administrative costs mostly associated with the time taken to learn about the proposed regulatory framework, the impact to the regulated community is anticipated to be negligible.

The proposed framework will provide clarity and transparency for the regulated community and others when it comes to determining which projects would be subject to the requirements of the Environmental Assessment Act. This would result in a net reduction in the administrative burden on the regulated community.