Notice of amendment: Class Environmental Assessment for Provincial Transportation Facilities

Ontario is taking action to modernize its almost 50-year-old environmental assessment process to support building safer and stronger communities.

We are developing sensible, practical changes that would ensure strong environmental oversight while reducing delays on projects that matter most to Ontario communities.

Following consultation with Indigenous communities, proponents, stakeholders and government agencies, we are making changes to the class environmental assessment process for Provincial Transportation Facilities (MTO Class EA) to better align assessment requirements with potential environmental impact.

The changes remove the requirement for an environmental assessment for lower-risk projects that involve the rehabilitation, reconstruction, replacement and improvement of existing facilities. Projects like these are routine activities that have benefits to communities but little to no environmental impacts.

These changes will reduce duplication and improve the environmental assessment process for routine transportation projects, while maintaining strong environmental oversight and protection.

Amendments to the class Environmental Assessment for Provincial Transportation Facilities

The amendments to the class Environmental Assessment for Provincial Transportation Facilities include:

• updating the assessment requirements for projects so that they better align with a project’s potential for environmental impacts, including:
  • renaming Project Groups to more accurately reflect the types of projects that are designated under each group
  • shifting certain projects to a lower Project Group to better align their assessment with their potential for impact
  • removing the option to “step down” a Group B project to a Group C as it is no longer needed as a result of Project Group changes
  • exempting additional projects from the requirements of the Environmental Assessment Act (EAA) where they are considered to have a low potential for impacts (e.g., rehabilitation projects within the existing right of way)
  • establishing a screening process that, if successfully completed, would exempt additional projects from requirements of the EAA on a case-by-case basis
• eliminating the requirement to advance the planning and assessment of projects beyond the preliminary design stage of the MTO Class EA process, consistent with other Class EA processes
• creating of a formal issues resolution process to address concerns raised during the MTO Class EA process and public review periods
• improving the MTO Class EA’s readability so it’s easier to understand and follow
• addressing outdated references to legislation, organizations, and terminology

The amendments were prepared by the MTO to:

• better align the MTO Class EA requirements for transportation projects with their potential for environmental impacts
• reduce the duplication of the process requirements with other permitting and approval application processes
• improve the efficiency of the process

This notice is being published to bring the amendments into effect.

Please refer to the “2023 class Environmental Assessment for Provincial Transportation Facilities” and the “Notice of Amendments” in the Supporting materials section below to review:

• the approved amendments
• the reasons for making the amendments

We encourage all proponents to review the amended listing of projects, Project Groups and the transition provisions to assess how the amendments may affect their projects.

Note: the amended Class EA does not include any changes related to the Moving to a project list approach under the Environmental Assessment Act. At the time of this decision to amend the Class EA, the review of input received on that proposal remains underway.

How we consulted on amendments to the class Environmental Assessment for Provincial Transportation Facilities

In 2019, we invited proponents to review their class environmental assessments and propose changes to better align assessment requirements with environmental risk and eliminate duplication. Following consultation with Indigenous communities, municipalities, stakeholders, and government agencies, we made changes to improve the environmental assessment program, as it applies to provincial transportation infrastructure projects.

We consulted with the public and Indigenous communities on Environmental assessment modernization: amendment proposals for class Environmental Assessments, including the proposed Class Environmental Assessment for Provincial Transportation Facilities amendments, from July 8, 2020, to August 22, 2020.

Following this consultation, we:

• conducted a detailed technical review of the specific amendments in consultation with technical staff across the ministry
• considered the comments submitted on the proposal by Indigenous Communities, stakeholders and government agencies