Updating the Part II Order request process under the Environmental Assessment Act

Description of policy

This guide provides the public with further clarity and guidance on the information needed to submit a Part II Order request for a Class Environmental Assessment project under the Environmental Assessment Act. This includes:

• details of any environmental concerns (i.e., natural, social, cultural and economic) regarding the project; and
• an explanation of why the project should be elevated to an Individual Environmental Assessment.

A Class Environmental Assessment is a planning process to ensure that potential environmental, social, and economic effects and alternatives are considered before a project proceeds. A Class Environmental Assessment may be used for projects that are routine, with predictable and manageable environmental effects.

There are 10 approved Class Environmental Assessments in Ontario relating to a range of infrastructure and natural resources project types. Each Class Environmental Assessment has been approved by Cabinet and sets out specific requirements proponents must follow for a project. A project that follows the process set out in an approved Class Environmental Assessment document has met the requirements of the Environmental Assessment Act.

However, if any person has outstanding concerns that were not addressed as part of the Class Environmental Assessment process, they may request that the Minister of the Environment and Climate Change issue a Part II Order. A Part II Order would require the proponent to complete a more comprehensive review process (Individual Environmental Assessment).

Purpose of policy

In response to concerns raised by multiple parties, the ministry is making a series of improvements to the Part II Order process. This will ensure that public concerns about projects are clearly identified, and that the ministry can reach a decision on those concerns in a timely manner. Recent or planned process changes include:

• Triage meetings between ministry staff and the proponent to discuss the proposed project and public concerns.
• Updates to the information requirements tables issued to proponents to provide more clarity on the information required by the ministry to complete the review of the Part II order requests.
• A standardized form for the public to submit Part II Order requests and a forthcoming regulation to make use of the standardized form mandatory.
• Developing a public guide on Part II Order request submissions.

This proposal notice relates to the public guide. This guide is being developed to improve transparency on the Part II Order request process, by clarifying the type of information the ministry considers. It will also help members of the public who wish to submit a Part II Order request better understand what type of information they should include as part of their request, and help them clarify the concerns they would like the ministry to address.

As such, the ministry:

• Is asking for comments on the attached guide; and
• Will consider comments when finalizing the guide.

The guide, as well as the other initiatives mentioned above, are part of the ministry’s action plan to improve Class Environmental Assessment processes through both internal and external changes with particular focus on the Municipal Class Environmental Assessment processes.

For more information on the Class Environmental Assessment process, visit the Ministry of the Environment and Climate Change’s website.