Proposed rules and restrictions (procedures) under section 11.4(4) of the Environmental Assessment Act

This notice was originally posted in the old Environmental Registry under number 010-4265.

Description of policy

Currently, amendments to Environmental Assessment Act (EAA) approvals can only occur on a project by project basis through amendment provisions included in an approval, exemption, declaration order and new environmental assessment (EA) applications. Section 11.4(4) of the Environmental Assessment Act allows the Ministry of the Environment (ministry) to develop rules and restrictions (procedures) for those approved undertakings not commenced or covered by amending provisions or exemptions.

Amendment provisions do exist in other approval processes issued under the Environmental Assessment Act that allow proponents to consider and consult on the potential environmental effects of proposed amendments to an Environmental Assessment Act approval. The proposed procedures would provide an equivalent mechanism not captured under existing amendment procedures. The proposed procedures are described in a discussion paper as appendix A.

The proposed procedures outline:

• the type of information that is to be submitted by the applicant
• how the ministry would review the submission
• how the ministry would consult and inform the public and the proponent of the submission
• timelines for the ministry’s review and decision
• how the Minister of the Environment (minister) would inform the applicant of his or her decision.

Purpose of policy

To consult on the proposed procedures that describe how the minister would consider a request to amend or revoke an approval under section 11.4(4) of the Environmental Assessment Act.

Public consultation

This proposal was posted for a 45 day public review and comment period starting August 11, 2008. Comments were to be received by September 25, 2008.

All comments received during the comment period are being considered as part of the decision-making process by the ministry.

Please note: all comments and submissions received have become part of the public record.