This notice is for informational purposes only. There is no requirement to consult on this initiative on the Environmental Registry of Ontario. Learn more about the types of notices on the registry.
Update Announcement
This notice was originally published on February 24, 2022. We have updated the notice to correct the eligibility of the project in the screening process. The amendment to Waterpower Class EA, in the original notice, incorrectly limited the use of the screening process to facilities less than 200 MW to a maximum of 25%, so the term “by less than 25%” has been removed. We have also removed the term “generation” to clarify that changes or expansions to all facilities under 200 MW are eligible for the screening process. The term “and resultant nameplate capacity of 200 MW or more” has been removed to clarify that proposed expansions that result in a nameplate capacity of over 200 MW are eligible for the screening process. These changes will now reflect the intent of the screening process and we have also updated the language in the applicable section of the Class EA. Please see ‘correction’ section in the notice below for the revised information.
Why consultation isn't required
This notice is being posted in accordance with subsection 15.4(7) of the Environmental Assessment Act which provides that amendments to a class environmental assessment come into effect upon the publication of a notice of the amendment in the Environmental Registry.
Information on the proposed amendments to the class environmental assessments, including the Ontario Waterpower Association Class Environmental Assessment, was posted on the registry at https://ero.ontario.ca/notice/019-1712 and on Ontario.ca. The public had an opportunity to provide comments directly to the ministry on the proposed amendments from July 8 to August 22, 2020.
Although consultation was not required under the Environmental Bill of Rights, 1993 because Class EAs are not designated instruments or regulations, as noted above, the ministry has sought input on this proposal.
Please note that this notice only applies to the amendments made to the Ontario Waterpower Association Class Environmental Assessment.
Bulletin details
Modernization of Ontario’s Environmental Assessment Program
Ontario is updating the almost 50-year-old environmental assessment program to support building safer and stronger communities.
That’s why, over the past two years, the government has been working to build a strong environmental assessment program that considers the input of local communities, Indigenous communities, organizations, municipalities, ministries and agencies, etc. and focuses on projects that have the highest potential to impact the environment.
As part of this plan, we are developing sensible, practical changes that would ensure strong environmental oversight while reducing delays on projects that matter most to Ontario communities.
The ministry has been working to improve the environmental assessment program, as it applies to waterpower infrastructure, in a two-step process. For the first step of this process, the ministry consulted on amendments to the Ontario Waterpower Association Class EA. The amendments proposed by the Ontario Waterpower Association (OWA) were meant to better align EA requirements with the potential for environmental risk, eliminate duplication and streamline the process. Amendments to the Ontario Waterpower Association Class Environmental Assessment were also proposed by the ministry to incorporate the amendments that were made to the EAA in 2019 and 2020, to correct errors, update references and names, and to improve the clarity of the document.
For the second step of modernization, the ministry is working to develop a streamlined environmental assessment regulation for waterpower infrastructure that builds on the amendments to the Ontario Waterpower Association Class Environmental Assessment and would, if made, replace the newly updated class environmental assessment.
This notice is being posted in accordance with subsection 15.4(7) of the Environmental Assessment Act which provides that amendments to a class environmental assessment come into effect upon the publication of a notice of the amendment in the Environmental Registry.
Consultation
2022 Amendments to the Ontario Waterpower Association Class Environmental Assessment
Consultation was initiated on the proposed amendments in July 2020. The public had an opportunity to provide comments directly to the ministry on the proposed amendments from July 8 to August 22, 2020.
Following this consultation, the ministry undertook a detailed technical review of the specific amendments, in consultation with technical staff across the ministry, and considered the comments submitted on the proposal by Indigenous communities, stakeholders and government agencies.
The amendments to the Ontario Waterpower Association Class Environmental Assessment considers the feedback heard from Indigenous communities, proponents, stakeholders and other agencies.
Correction/Revision
Projects that meet the following categories would be eligible to go through the screening process:
- expansion or change to an existing facility with an initial nameplate capacity of less than 200 megawatts; and
- expansion or change to an existing generation facility by less than 25% with an initial nameplate capacity greater than 200 MW.
Projects that fall within the schedule must also meet the following criteria:
- associated with existing water management infrastructure, such as a dam, a weir, or a lock
- limit any increase in the footprint of the water management infrastructure to 25% or less
Projects that meet the criteria will be required to notify the public, Indigenous communities and government agencies and perform a self-assessment on potential environmental effects in key areas.
This notice is being published to bring these amendments into effect. Please see the 2022 Ontario Waterpower Association Class Environmental Assessment which incorporates all of the approved amendments (attached). All proponents are encouraged to review the amended listing of projects and the schedules and the transition provisions to assess how the amendments may affect your projects.
Supporting materials
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Get in touch with the office listed below to find out if materials are available.
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Contact
Devon Wills
135 St Clair Ave West
4th Floor
Toronto,
ON
M4V 1P5
Canada