Extending the expiry date for Environmental Assessment Act approvals for certain projects

Update details

To support our province’s growing communities, we have extended the expiry date for Environmental Assessment Act approvals for eight infrastructure projects by 10 years, which will allow these important projects – including several transit projects and other public works – to be built without having to undergo a duplicative additional environmental assessment process.

The projects for which an extension was granted include:

• H.Dodge Haulage Landfill Expansion
• Markham North South Link Corridor Public Transit Improvements
• Transportation Improvements: Donald Cousens Parkway (Markham) to Morningside Avenue (Toronto)
• TTC Bloor Danforth Westerly Extension of Subway
• Niagara Falls People Mover System
• Ottawa-Carleton Cumberland Transitway
• Windsor Downtown Marina
• MTO Highway 17 (Haley Station to Meath Hill)

The ministry reviewed the conditions of approval for these projects and determined that appropriate environmental protection measures are still in place so that these projects can continue without needing to complete a new environmental assessment process for ten years.  The approvals will now expire February 22, 2034.

We have also added conditions where appropriate, such as requiring updated archaeological assessments and notification of Indigenous communities to reflect updated requirements and respond to comments we received. These conditions must be met, or the project’s approval will expire. 

The eight projects will continue to have to comply with their EA approval and any other authorizations that may be required when the projects proceed.

Section 17.25 of the Environmental Assessment Act, now in effect, provides for the expiry of any approvals under the Act that do not have an expiry date and have not substantially commenced within 10 years of the initial approval (or an extended period if the Minister grants an extension). This new section allows the Minister to extend the period (by notice) within which the project is to be substantially commenced, in addition to making the extension subject to conditions. 

For a copy of the Minister’s notices extending the expiry date for these eight projects contact the Environmental Assessment Modernization Branch at eamodernization.mecp@ontario.ca.

It is noted that one project for which an extension was originally proposed was not extended.  Following consideration of input received from the proponent and Indigenous communities, the timeline for the project to proceed, and with the agreement of the proponent, the EA approval for the Ontario Hydro East Transmission Route (East) project has now expired.  Should that project proceed in the future, it would be subject to any applicable EA requirements.

Comments and input received:

While there was no formal comment period for this bulletin posting, input was sought from the project proponents, the public, Indigenous communities, and stakeholders.  Specific Indigenous communities were also consulted about one or more of the projects for which extensions were proposed.  We received 11 submissions on this initiative.

The following is a summary of the comments received on this initiative and how we considered and responded to them. 

Length of the extension

Projects that have undergone individual EAs in the past are typically large-scale and complex.  Generally, proponents have stated that undertaking an individual EA for these projects can be a lengthy process. Some raised concerns regarding the considerable time and resources required to undertake detailed design while securing financing for these projects, especially at the municipal level. They stated the completion of a new EA process would be costly. Some proponents didn’t have immediate plans to proceed with their projects and requested that extensions be greater than 10 years.

Response:

The ministry selected a 10-year expiry date as this has become common practice with new EA approvals. It is also consistent with the new provision in the Environmental Assessment Act which provides for a 10-year expiry date if another date is not specified in the approval. Under the new provision, the Minister can provide additional extensions. The ministry will remain open to discussing specific project circumstances with proponents to understand their unique situations.

Further extensions would only be required if a project has not substantially commenced by the 10-year expiry date. These extensions may be considered after reviewing relevant information at that time and the results of required consultations.

Triggers for a new Environmental Assessment

The ministry received questions about the circumstances under which a project with an existing approval would be required to complete a new EA rather than having an expiry date extension.

Response:

Prior to amending the Environmental Assessment Act, approvals that did not have an expiry provision would never expire, even if environmental conditions changed.  It is now common practice for approvals to include a 10-year expiry date.  

The new statutory expiry provision means that project approvals without an expiry date and which have not substantially commenced within 10 years of receiving an approval, and which are not being extended at this time, will expire. For those projects that will expire on February 22, 2024, the proponent will have to go through a new EA process (assuming the project continues to be subject to the Act) before they can proceed.

With these changes in effect, if new information or a change in circumstance comes to the attention of the ministry, the Minister may reconsider and amend or revoke an approval if considered appropriate (section 17.24).  The Minister may also consider making the extension of an expiry subject to conditions.   If there is non-compliance with a condition of the extension of the expiry, then the approval will expire, and the proponent cannot proceed. 

Ministry review of feedback and existing approvals

The ministry has reviewed the feedback from the public, other ministries and agencies and Indigenous communities as well as the conditions of approval for the projects for which an extension is proposed. Other legislative processes that govern project implementation, including the Ontario Heritage Act and the Clean Water Act, 2006 have also been considered.

Response:

During the review of the conditions of the approvals, the ministry considered whether the environmental protections remained valid for these projects such that these projects should continue to be approved for up to 10 years without needing to complete a new EA process. With the granting of the extensions of the expiry date, the proponents will remain subject to the conditions of approval, conditions of the extension and any other additional permits, or approvals required. For example, there are some projects with conditions of approval that require an update to an environmental study (e.g., noise assessment) before the project can proceed, or annual monitoring and reporting on mitigation measures.

It is noted that one project for which an extension was originally proposed was not extended.  Following consideration of input received from the proponent and Indigenous communities, the timeline for the project to proceed, and with the agreement of the proponent, the EA approval for the Ontario Hydro East Transmission Route (East) project has now expired.  Should that project proceed in the future, it would be subject to any applicable EA requirements.

The ministry is satisfied that each of the eight projects, where an extension of the expiry has been granted, have appropriate conditions of approval. This, in conjunction with the conditions of expiry imposed on seven of these eight extensions, will continue to protect the environment while being consistent with the purpose of the Act. The proponent of the eighth project has up-to-date studies, and the Notice of Approval already includes a requirement to consult Indigenous communities during project implementation.

Original bulletin

We are proposing to extend the expiry date of Environmental Assessment Act approvals for nine infrastructure projects, including three highways, two transit projects and a marina. The ministry has reviewed the conditions of the approvals for these nine specific projects and has determined that the appropriate environmental protection measures are still in place so these projects can continue without needing to complete a new environmental assessment for up to 10 years. These projects are also subject to any other permits and approvals required.

By providing an extension for these nine projects, we are allowing these important infrastructure projects to be built without delay to support our province’s growing communities and economic recovery.

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 (See ERO 019-2051). These amendments enabled the next steps in modernizing Ontario’s environmental assessment program, helping to ensure strong environmental oversight and facilitate Ontario’s economic recovery.

The amendments to the EAA:

• provide for a 10-year expiry date for approvals of projects that:
  • do not already have an expiry date
  • have not substantially started within 10 years (or an extended period if the Minister grants an extension) of approval being obtained
• give the Minister the authority to issue a notice that extends the expiry for certain older projects

This expiry date of 10 years, or any extended expiry date, will apply to approvals issued before the expiry date provision comes into force, if these older approvals do not have an expiry date.

Proposal to extend the expiry date of Environmental Assessment Act Approvals for nine projects

We are proposing to extend the expiry by 10-years from the date notices are issued for nine projects. The proposed extensions would be granted through Minister’s notices and the approval for these projects will not expire upon proclamation of the expiry date provisions in the EAA.

Information about these nine projects is outlined in the table below.

The extension will ensure that the commitments made by proponents during consultation on these projects will be carried out and subject to any other permits and approvals required. However, if at any time new information or a change in circumstance comes to the attention of the ministry, the Minister may consider this information and, where appropriate, may reconsider the approval and revoke or amend it.

Rationale for proposed expiry date extension

An individual environmental assessment has generally been required for large-scale, complex projects with the potential for high impact to the environment. This is the highest level of assessment and involves a two-step process:

1. The terms of reference (the work plan)
2. The environmental assessment

In order to proceed with a project:

• the terms of reference must be approved by the Minister
• the proponent requires Minister and Cabinet approval to proceed with the undertaking following the environmental assessment process

An individual environmental assessment also involves substantial investments in time and money including extensive public consultation to ensure that concerns are:

• identified early
• considered
• addressed where appropriate

There are a number of reasons a project may not have been built after approval, such as:

• the proponent’s ability to secure funding
• delays in obtaining proper authorizations before construction
• a change in the forecasted need for the project to accommodate future growth

In considering whether to extend the expiry, the ministry considered how to ensure continued environmental protection and oversight in relation to the infrastructure projects that matter most to Ontario communities.

We have also decided not to propose an expiry date extension for 18 projects (see ‘related files’ section of this notice for a list). This is due to a combination of:

• the passage of time and inactivity
• the proponent advising they are no longer considering the project
• the project has been replaced by another
• the project having substantially commenced (if a project has already substantially commenced, the approval will not expire).

Projects proposed for expiry date extension

The proponents for the projects below requested their project approvals remain in place, as they intend to proceed with the projects at some point in the future.

Proponents were also asked to:

• confirm whether the assessment of environmental impacts in the EA remains valid
• describe whether there have been any changes to the environment (natural, cultural, built environment) at and near the project since approval was received

Based on the ministry’s detailed review of the conditions of the approval for these kinds of projects, we are satisfied that steps will be taken (subject to any other permits and approvals required) before a project proceeds to ensure environmental protection and oversight are in place. No significant changes were identified.

For the Ottawa-Carleton Cumberland Transit Way project, we note there is now residential development on previously vacant land. There are conditions of the existing approval that will ensure the environment is protected including conditions related to noise and stormwater management.

If the approvals for these projects below are extended, the approval will not expire when the expiry date provisions are proclaimed in conjunction with Minister’s notices being issued, and the projects will continue to be subject to the conditions in their approvals.

Additional information about each project including PDF copies of conditions of approval and any joint board decision, where applicable, may be found in the ‘related files’ section of this notice.

Projects proposed for the 10-year extension