Notice of amendment: Amendments to Seven Class Environmental Assessments

Modernization of Ontario’s environmental assessment (EA) program

Ontario is modernizing its environmental assessment program to better serve communities now and in the future. As part of these modernization efforts, the Minister of the Environment, Conservation and Parks has amended seven Class EAs to facilitate the move to the project list approach for projects that will require a comprehensive environmental assessment.

Background

In July 2020, the Environmental Assessment Act was amended to enable the move to a project-list approach to the application of the Act. These amendments allow for the making of regulations to support the environmental assessment modernization initiative. This included the authority to identify in regulation the projects that are subject to an environmental assessment, known as the project-list approach. Previously, projects were designated based on the proponent, i.e., who was carrying out the project rather than the type of project.

The shift to a project list approach will bring much needed clarity and transparency about what projects require a comprehensive environmental assessment, rather than navigating through a complex series of regulations and orders.

In fall 2020, we began consulting on the project-list approach for projects that will require a comprehensive environmental assessment. The comprehensive environmental assessment is the highest level of assessment under the Environmental Assessment Act.

Building on that consultation, in fall 2021, we began consulting on a draft of the Comprehensive Environmental Assessment Projects regulation, as well as other new regulations and amendments to existing ones, and amendments to the Class EAs, between November 26, 2021, and January 25, 2022.

In March 2023, we updated the proposal to seek input on moving more project types to Class EA processes.

After considering the input received on the proposal, we have made regulatory changes and taken related actions to move to a project-list approach.

The related actions include the February 2024 amendments to Class EAs, which are described below.

For more information on the regulatory changes, refer to the comprehensive environmental assessment projects (CPL) regulation.

February 2024 amendments to seven Class EAs

The Minister has amended seven Class EAs to align with amendments to the Environmental Assessment Act and new regulations for moving to a project-list approach for projects that will require a comprehensive environmental assessment. A summary of the amendments of note to each Class EAs provided below.

These amendments come into effect immediately upon publication of this bulletin on the Environmental Registry.

Class EA for Provincial Transportation Facilities and Municipal Expressways (previously called the Class EA for Provincial Transportation Facilities)

This Class EA sets out a self-assessment process for how proponents plan transportation projects, and has been renamed as the “Class EA for Provincial Transportation Facilities and Municipal Expressways.”

Amendments to this Class EA include:

• expanding the class of projects to which the Class EA applies to include:
  • planning of new provincial freeways; and
  • municipal expressway projects.
• categorizing establishing of a freeway or expressway as a Group A project
• categorizing changes to a municipal expressway as Group A, B or C projects, depending on the change being made
• including transition provisions related to the designation of the comprehensive EA projects

Read the Notice of Amendment here and amended Class EA for Provincial Transportation Facilities and Municipal Expressways here.

Class EA for Transmission Facilities (previously called the Class EA for Minor Transmission Facilities)

This Class EA sets out a self-assessment process for certain transmission line and transmission station projects, and has been renamed as the “Class EA for Transmission Facilities.”

Amendments to this Class EA include:

• expanding the class of projects to which the Class EA applies to include:
  • Establishing or significant modifications to transmission lines ≥ 345 kV and ≥ 75 km; and
  • Establishing or significant modifications to transmission stations > 500 kV.
• require that the full Class EA process apply to these types of projects

Read the Notice of Amendment here and amended Class EA for Transmission Facilities here.

Municipal Class EA

This Class EA sets out a self-assessment process for municipal road, water and wastewater projects.

Amendments to this Class EA include:

• amendments to support the addition of municipal expressway projects to the class of projects to which the Class EA for Provincial Transportation Facilities and Municipal Expressways applies
• amendments to the transit provisions to support and align with regulatory changes made as part of the move to a project-list approach

Read the Notice of Amendment here and amended Municipal Class EA here.

Class EA for Remedial Flood and Erosion Control Projects

This Class EA sets out a self-assessment process for Conservation Authorities to plan and assess the environmental impacts of remedial flood and erosion control projects.

Amendments to this Class EA include:

• deleting the reference to the Class EA not applying to projects that are “multi-purpose” or that facilitate or anticipate development to provide for the continued application of the Environmental Assessment Act to these projects under the move to a project list-approach
• specifying that the Class EA does not apply to waterfront projects that are designated as requiring a comprehensive EA

Read the Notice of Amendment here and amended Class EA for Remedial Flood and Erosion Control Projects here.

Class EA for MNRF Resource Stewardship and Facility Development Projects

This Class EA sets out a self-assessment process for a group of resource stewardship and facility development projects by or on behalf of Ministry of Natural Resources and Forestry.

Amendments to this Class EA include:

• clarifying the projects that are subject to the Class EA, such as by updating the references to those projects that are not subject to the Class EA to align with the revocation of certain orders and regulations under the Environmental Assessment Act
• removing the ability to screen a project out of the Class EA (i.e., Category D project), as the EAA does not allow for a project to be made subject to a comprehensive EA as a result of a screening process in a Class EA
• changing the class of projects to include stocking exotic species to provide for the continued application of the Environmental Assessment Act to these projects under the move to a project-list approach
• adding a new section on the Crown’s duty to consult

Read the Notice of Amendment here and amended Class EA for MNRF Resource Stewardship and Facility Development Projects here.

Class EA for Waterpower Projects

This Class EA sets out a self-assessment process for certain projects related to small to medium scale waterpower facilities.

Amendments to this Class EA include:

• clarifying the class of projects to which the Class EA applies
• relocating to the Class EA the grandparenting provision from the revoked O.Reg. 116/01 under the Environmental Assessment Act for certain minor modifications

Read the Notice of Amendment here and amended Class EA for Waterpower Projects here.

Government Property Class EA

This Class EA sets out a self-assessment process for projects in respect of Government property (e.g., realty activity and public works projects).

Amendments to this Class EA include:

• clarifying that the Class EA does not apply to projects subject to a comprehensive EA (e.g. waterfront projects)
• updating the transition provisions

Read the Notice of Amendment here and amended Government Property Class EA here.

Additional amendments to seven Class EAs

These amendments also include:

• updates to align the Class EAs with changes to the Environmental Assessment Act and new regulations made under the Act to provide clarity, consistency and coherency within the environmental assessment regime
• updates to terminology and references to provisions in the Environmental Assessment Act and its regulations
• other administrative amendments, including grammatical changes, clarification of existing text and updates to glossaries

Consultation on amendments to seven Class EAs

We gave the public adequate notice of the proposed amendments, and they had an opportunity to comment on them.

The public, provincial government agencies, stakeholders and all Indigenous communities and organizations in Ontario had an opportunity to submit comments to the ministry.

We directly engaged with Indigenous communities and organizations on the proposed amendments, providing communities and organizations with:

• information
• an opportunity to attend webinar sessions or individualized meetings
• an opportunity to comment and raise any concerns

We have considered all comments and concerns received.

Additional details

This notice is being published to bring the amendments into effect. A summary of the reasons for the amendments are set out in the Notices of Amendment.

Please refer to the amended Class Environmental Assessments and the Notices of Amendments in the “Related files” section below for more information.