Evaluating municipal class environmental assessment requirements for infrastructure projects

ERO number
019-6693
Notice type
Policy
Act
Environmental Assessment Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
March 10, 2023 - May 9, 2023 (60 days) Closed
Last updated

This consultation was open from:
March 10, 2023
to May 9, 2023

Decision summary

Having completed initial consultation in Spring 2023, we are proposing to revoke the Municipal Class EA and make a streamlined environmental assessment regulation focused on certain water, sewage and shoreline projects. This change will help deliver critical public works to support housing. See ERO 019-7891 for more details.

Decision details

Based on the feedback received, we are now proposing to replace the Municipal Class EA process with a new streamlined environmental assessment process set out in the Municipal Project Assessment Process (MPAP) Regulation. This notice provides a report back on our findings from the initial consultation.

The proposal would allow municipalities to move ahead with some water, sewage, and shoreline works projects sooner while maintaining environmental oversight of higher-risk municipal infrastructure projects. (see our proposal at ERO 019-7891).

Comments received

Through the registry

34

By email

13

By mail

0
View comments submitted through the registry

Effects of consultation

In spring 2023, the ministry sought preliminary feedback to help evaluate municipal class EA Act requirements for municipal infrastructure. This included the potential revocation of the Municipal Class EA with related amendments to the EA Act and regulations as needed to remove EA Act requirements for all municipal infrastructure projects.

During this consultation, we received a total of 46 comments (one submission was submitted twice) from:

  • indigenous communities
  • municipal sector (municipalities and municipal organizations)
  • industry and industry organizations
  • individuals and environmental organizations

Overview of feedback received

Generally, municipalities and industry were supportive of further efforts to streamline EA Act requirements for municipal infrastructure and focusing requirements on higher-risk projects.

Indigenous communities asked for more detail on what would happen to the projects covered by the Municipal Class EA if the EA Act no longer applies. They also expressed that further exemptions would result in:

  • fewer opportunities for Indigenous consultation
  • reduced protection of important matters to Indigenous people (e.g., archaeology).

Individuals and environmental organizations expressed concern about reduced environmental oversight and consultation opportunities.

Ministry Response

Municipalities, as responsible levels of government with professional staff, are accountable to residents and those that may be impacted by their projects. Whether or not a project is subject to an EA process, it is expected that municipalities undertake appropriate steps to engage their local communities on projects that may be of interest to them, and make environmentally responsible decisions.

Revoking the Municipal Class EA and making a new regulation that designates certain higher-risk projects such as major wastewater treatment facilities. The new regulation will provide a time-limited process for municipalities planning these larger municipal infrastructure projects to support growing communities.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Environmental Assessment Modernization Branch
Address

135 St Clair Ave West
4th Floor
Toronto, ON
M4V 1P5
Canada

Connect with us

Contact

EA Modernization Project Team

Office
Environmental Assessment Modernization Branch
Address

135 St Clair Ave West
4th Floor
Toronto, ON
M4V 1P5
Canada

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Original proposal

ERO number
019-6693
Notice type
Policy
Act
Environmental Assessment Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

March 10, 2023 - May 9, 2023 (60 days)

Proposal details

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]

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Environmental Assessment Modernization Branch
Address

135 St Clair Ave West
4th Floor
Toronto, ON
M4V 1P5
Canada

Comment

Commenting is now closed.

This consultation was open from March 10, 2023
to May 9, 2023

Connect with us

Contact

EA Modernization Project Team

Office
Environmental Assessment Modernization Branch
Address

135 St Clair Ave West
4th Floor
Toronto, ON
M4V 1P5
Canada