Evaluating municipal class environmental assessment requirements for infrastructure projects

Advancing provincial priorities

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.

Ontario is proposing sensible, practical changes that would continue to provide strong environmental oversight while reducing delays to getting shovels in the ground on projects that matter most to Ontario communities, like critical water and wastewater projects that protect our environment.

Proposed changes to EA requirements for municipal infrastructure projects

As part of modernizing the environmental assessment (EA) process, Ontario is proposing to evaluate the requirements for municipal road, water and wastewater projects that are currently subject to the Municipal Class Environmental Assessment (Municipal Class EA) that may also include requirements under other legislation.

Ontario is seeking feedback on changes that will improve timelines for completing low-risk infrastructure projects such as municipal roadways.

To achieve this, the Municipal Class EA could be revoked, and the Act and regulations would be amended as necessary. Through transition provisions, projects that have already begun a Municipal Class EA process would be able to withdraw from the process if certain notification requirements are met.

Similar projects in municipalities led by other proponents would have no EA requirements; the related regulation would be revoked.

Higher-risk municipal infrastructure projects to remain subject to EA processes

Municipalities undertake a wide range of other projects which are not a part of this proposal and will continue to be subject to other processes under the Environmental Assessment Act. Certain municipal expressways, waste, transit, electricity and waterfront projects have other existing and proposed EA requirements, some of which could be impacted by a related EA modernization proposal related to the Comprehensive Project List Regulation [Moving to a project list approach under the Environmental Assessment Act | Environmental Registry of Ontario].

Other processes that may be applicable for municipal infrastructure projects

Depending on the project and location there may be other legislative, planning processes or authorizations required that would provide for the assessment of a project’s impacts, consultation requirements, and any other conditions for proceeding (e.g., technical studies) outside of the Municipal Class EA process. Many municipalities prepare and update capital planning, asset management plans and Servicing Master Plans for infrastructure such as roads, water, and wastewater.

Ontario is proposing to evaluate the need for Environmental Assessment Act requirements for municipal infrastructure projects under the Municipal Class EA process to reduce this type of duplication and allow municipalities to proceed sooner with infrastructure projects that support building homes, critical infrastructure and growing the economy.

Background

What is the Municipal Class EA? [Notice of amendment: Municipal Class Environmental Assessment | Environmental Registry of Ontario]

This class environmental assessment establishes a planning process for a variety of municipal infrastructure projects (e.g., collector or local roads, drinking water and wastewater treatment facilities, stormwater management systems, bridges and other linear, non-vehicle infrastructure). These projects are categorized in schedules based on their complexity or potential for environmental effects. Each schedule sets out different assessment and consultation requirements.

Other current EA modernization initiatives

Comprehensive Project List Regulation

The ministry is updating the previous proposal to move toward a project-list approach for projects that will require a comprehensive environmental assessment. [Moving to a project list approach under the Environmental Assessment Act | Environmental Registry of Ontario].

Improving timelines for comprehensive EAs

We are proposing to move forward with a number of key initiatives that will help cut the timelines for completing a comprehensive environmental assessment in half while maintaining environmental oversight and opportunities for consultation. [Improving timelines for comprehensive environmental assessments]