Proposed Environmental Assessment Act amendments to improve the comprehensive environmental assessment process

Ontario is proposing to amend the Environmental Assessment Act (EAA or the Act) through the proposed Protecting Ontario’s Workers and Economic Resilience Act, 2026 (POWER Act).

If made, the changes would support a more efficient comprehensive environmental assessment (EA) process and make it easier to navigate.

Background

Ontario’s EA program has been in place for 50 years. It plays a key role in protecting the environment while supporting informed decision-making.

EAs are planning processes that help identify and address potential environmental impacts before a project begins.

Comprehensive EA requirements apply to projects with the greatest potential environmental effects, such as large waste management facilities, electricity generation projects, and waterfront developments.

The comprehensive EA process has two main steps – the terms of reference (ToR) (or the workplan for completing the EA) and the EA itself. Both steps include opportunities for input from Indigenous communities, the public and stakeholders. For both, the Ministry of the Environment, Conservation and Parks (ministry) undertakes its own review to confirm that the requirements of the EAA are met and that input received from Indigenous communities, the public and stakeholders has been considered and addressed appropriately. The terms of reference document requires the Minister’s approval.   

The Minister makes the decision on the EA application and, with the approval of Cabinet, may approve the project proceeding, with or without conditions, or refuse approval. 

Rationale for change

Over time, project complexity, planning approaches, and consultation methods have evolved.

Ontario is taking this opportunity to update the EA process so that approvals can happen faster.  

Comprehensive EAs usually take 4 to 6 years to complete, which can delay important infrastructure projects.

These changes would allow the ministry to focus on its technical review and address any outstanding concerns from Indigenous communities, the public and other stakeholders. 

The aim is to improve timelines while maintaining environmental protections. Ontario is in good company, as other provinces are also working to improve their EA processes.

What is changing

We are proposing three key changes to the comprehensive EA process:

• remove the requirement to publish and consult on a Ministry Review
• remove the opportunity for the public to request a hearing before the Ontario Land Tribunal (OLT or Tribunal) while maintaining the Minister’s authority to refer an application or matter related to an application to the Tribunal for a hearing and decision on their own initiative
• remove the requirement for Cabinet approval of the Minister’s decision on the application for approval to proceed, while providing the Minister discretion to refer an application to Cabinet for a decision. 

In addition, we are also proposing minor updates to improve clarity and flexibility in the EAA.

Details of the proposed changes: 

1) Ministry Review

Under the current provisions of the EAA, after a proponent submits an EA and the public comment period ends, the ministry is required to prepare a Ministry Review and post it for public comment. 

The Ministry Review document summarizes the assessment,  and includes an assessment of the EA’s alignment with the approved terms of reference, and an evaluation of how concerns have been addressed.

The ministry’s experience is that publishing the Ministry Review and holding a subsequent comment period rarely generates new feedback beyond what was provided to the ministry after EA submission.

The proposal is to remove the requirement to prepare, publish and consult on the Ministry Review, as well as related provisions.

The ministry and Government Review Team (GRT) would still review the EA document that the proponent submits to the ministry, including information related to consultations by the proponent and their consideration of comments received from Indigenous communities, the public, and stakeholders during the preparation of the EA. 

The ministry and GRT would also continue to review the comments provided during the comment period on the final EA and confirm whether the EA document complies with the EAA requirements and whether it was prepared in accordance with the approved terms of reference.   

Information on regulatory amendments related to the removal of provisions regarding the Ministry Review

The following is provided for information purposes. 

If the proposed EAA amendments are made, the regulation that sets out deadlines for certain steps in the comprehensive EA process (Ontario Regulation 616/98 (Deadlines)) will need to be adjusted to align certain deadlines with the legislative changes. For example, the deadline for the decision on the application, which is currently tied to the end of the Ministry Review comment period, would instead be tied to a different prescribed deadline, while the same overall timeline from the date of EA submission to decision would be maintained.

This would continue to provide time in the decision-making process for considering comments that were submitted on the project and the EA.

2) Requests for a hearing

Under current provisions of the EAA, any person can request that an EA be referred to the OLT for a hearing and decision. These requests have been rare, and only one request has resulted in a hearing, since the EAA came into force in 1976.  

If the proposed amendments are made, the provisions for a person to make a request to the Minister for an application to be referred to the Tribunal would be removed.

The existing authority for the Minister to refer an application or a matter related to an application to the Tribunal would continue if the Act is amended as proposed.   

3) Cabinet concurrence

The Minister’s decision on a comprehensive EA currently requires Cabinet approval. We propose to remove this step to help speed up the process. Under the proposed approach, the Minister would be able to give or refuse approval to proceed with a project without the need for Cabinet approval.  The proposed amendments would also include a provision giving the minister authority to refer the approval decision to Cabinet if they choose to do so. 

Other EAA amendments

Several updates are also proposed to improve how the EAA operates. These include:

• allowing for references to approved Class EAs to be set out in the regulations instead of in the Act
• providing that only one proponent needs to apply for approval
• providing discretion for the Minister to change the deadline for deciding an application or referring an application to Cabinet or the Tribunal for a decision
• providing that a streamlined EA can be limited to specified environmental impacts, such as impacts on archaeological resources
• removing exemptions for certain Class EAs, since they relate to specific Class EAs that are expected to be revoked over time  
• updating outdated references 

Most of the proposed EAA amendments, if made, including those related to the comprehensive EA process, Class EAs and streamlined EAs, would come into force by a commencement order (formerly called a proclamation order). 

What would not change

The comprehensive EA process would continue to include:

• robust assessment of potential impacts of a project on the environment, identification of mitigation measures and consideration of comments received on the EA
• full technical review by the ministry and the GRT
• several opportunities for consultation with Indigenous communities, the public and stakeholders
• authority to require further consultation or information in the event there are deficiencies

Outcome of proposed changes

If made, these changes would improve the comprehensive EA process by removing certain steps, allowing the ministry to focus its resources on technical review and issue resolution. The aim is to improve the overall timelines for comprehensive EAs.  

Many opportunities will remain for Indigenous communities, the public and stakeholders to provide input throughout the EA process, from the development of the ToR to open houses that are generally held by proponents during the EA preparation process, to the full comment period on the EA itself once submitted. 

Transition

The following transition approach is proposed, if the POWER Act is passed and given Royal Assent: 

• projects for which an EA has been submitted before the amendments come into force (upon commencement order) would continue under the current provisions, with the exception of a few minor amendments that will come into force on Royal Assent
• projects for which an EA is submitted after the amendments come into force would be subject to all the amendments (the amended Act) 

Regulatory impact analysis

The proposed amendments are expected to:

• improve the comprehensive EA process
• create no new compliance costs for regulated entities

Proponents of large projects are expected to benefit from a more efficient and predictable process, supporting the delivery of critical infrastructure.