Project Evaluation Policy under the Provincial Parks and Conservation Reserves Act

Ontario is proposing sensible, practical policy changes that would ensure environmental oversight while reducing delays on projects in provincial parks and conservation reserves by focusing on projects with higher potential for harm to the environment.

In July 2020, we consulted on a proposed Environmental Impact Assessment Policy (019-1804) and since then we have made several changes, including renaming it the Project Evaluation Policy. As a result, we are looking for comment and feedback on the proposed Project Evaluation Policy under the Provincial Parks and Conservation Reserves Act, 2006 (PPCRA) for certain projects carried out by or on behalf of the Ministry of the Environment, Conservation and Parks in provincial parks and conservation reserves.

In order to improve processes, reduce delays and address duplication, this new policy would be used by the ministry to evaluate projects instead of the Class Environmental Assessment for Provincial Parks and Conservations Reserves (Class EA) under the Environmental Assessment Act (EAA), which currently applies to proposed projects related to provincial parks and conservation reserves by or on behalf of the ministry.

The environmental protections under the PPCRA would remain in place and the ecological integrity of provincial parks and conservation reserves would continue to be a top priority for the government.

The ministry would continue to oversee all decisions related to provincial parks and conservation reserves. In addition to the existing environmental protections under the PPCRA, the ministry’s environmental oversight would be informed by the new policy.

Provincial Parks and Conservation Reserves Act, 2006

The Provincial Parks and Conservation Reserves Act, 2006 (PPCRA) is the primary legislation governing Ontario’s provincial parks and conservation reserves and provides for the protection of ecological integrity in Ontario’s protected areas system of provincial parks and conservation reserves. The PPCRA includes:

• objectives for permanent protection of ecosystems, biodiversity and provincially significant elements of Ontario’s natural and cultural heritage
• requirements that planning and management decisions be guided by principles that include the maintenance of ecological integrity as the first priority and provision of opportunities for consultation
• prohibitions on industrial activities
• conditions that must be satisfied for resource access roads and trails and utility corridors
• the requirement to consider environmental impacts when making decisions respecting many authorizations such as work permits

In addition, the ministry considers the following during the planning and management of provincial parks and conservation reserves:

• PPCRA objectives and provincial park and conservation reserve values
• appropriate mitigation of negative effects on the natural, social, economic and cultural environments
• the maintenance of ecological integrity

The proposed new policy sets out an efficient process for evaluation for certain projects in provincial parks and conservation reserves that would support meeting the requirements of the PPCRA. The proposed new policy would allow Ontario to focus its resources on projects with higher potential environmental impact and would reduce delays on projects, while maintaining strong environmental oversight. It is therefore anticipated that overall efficiencies would be created for the Ontario Parks program.

Proposed Project Evaluation Policy

The proposed policy:

• describes the types of activities that are subject to it
• identifies management planning considerations prior to implementing projects
• identifies an efficient evaluation process
• includes a list of minor projects that do not require evaluation
• provides for the minister to determine if an evaluation is necessary for all other projects
• highlights the importance of monitoring, evaluation and reporting
• outlines transition provisions for projects for which the Class EA process is currently underway

Overall, the proposed new policy would provide an efficient mechanism to plan projects, including assessing potential environmental effects and consulting with Indigenous communities, government agencies, and the public.

Certain projects that are considered administrative or are already covered under other legislative, regulatory or policy processes would not be subject to the proposed policy, such as:

• establishing, amending or rescinding a boundary of a provincial park or conservation reserve by regulation
• acquiring land or interests in land for purposes of a new, or addition to existing, provincial park or conservation reserve
• activities undertaken in accordance with section 17 of the PPCRA and identified in an approved forest management plan for the Algonquin Park Forest Management Unit
• controlling rabid animals or rabies
• wildland fire response

Improving government processes to benefit communities

The proposed policy would continue to provide environmental oversight while:

• reducing the number of projects requiring evaluation by eliminating duplication for projects already covered by work undertaken as part of the PPCRA and other processes (e.g., changing park or conservation reserve boundaries)
• focusing on projects with higher potential for harm to the environment
• establishing an efficient process for evaluation
• providing a process for issue resolution

The environmental protections under the PPCRA would remain in place and the ecological integrity of provincial parks and conservation reserves would continue to be a top priority for the government. The ministry would continue to oversee all decisions related to provincial parks and conservation reserves. In addition to the existing environmental protections under the PPCRA, the ministry’s environmental oversight and management of provincial parks and conservation reserves would be guided by the proposed new policy.

Consultation

The proposed policy would not remove, or lessen, the Crown's legal requirements respecting its duty to consult with Indigenous communities or its ability to meaningfully consult and accommodate, where appropriate. The Crown's duty to consult exists regardless of EAA requirements or Project Evaluation Policy guidance where the Crown is considering decisions or actions that may adversely impact constitutionally protected Aboriginal or treaty rights.

Consultation is a key component of the policy development process.

We began consultation on this proposed policy and EAA exemption regulation related to provincial parks and conservation reserves in July 2020 which, over the following two years, included:

• a proposal notice on the ERO (posting #019-1804) and the Regulatory Registry (July 8 until August 22, 2020)
• notification to ministries, stakeholders, all Indigenous communities, Provincial-Territorial Organizations, Tribal Councils and other Indigenous organizations
• extending the comment period for Indigenous communities and organizations in response to requests for additional time
• hosting of webinars and one-on-one meetings with communities
• responding to questions and concerns raised by communities
• providing clarification to all who submitted comments directly by email on initial proposal and to all Indigenous communities

We have made several changes to the policy since we last consulted so we are seeking your comments and feedback on the proposed policy again.

If approved, the policy would serve to guide consideration of potential environmental effects regarding certain projects in provincial parks and conservation reserves and would be used by the ministry to consider the environmental impacts of projects instead of the Class EA.

Burden reduction

There are no direct compliance costs or new administrative burdens for the regulated community associated with the proposed policy, as there are existing processes to address the requirements of the EAA and PPCRA. There are also other applicable provincial and federal approvals and permits that would still be required for certain projects.