Revoking the Class Environmental Assessment for Resource Stewardship and Facility Development Projects

Ontario is modernizing the 50-year-old environmental assessment (EA) program to better serve communities now and in the future.

As part of this modernization initiative we are pursuing alternative frameworks for Class EA projects, such as government policy or streamlined processes in regulation.

The proposed revocation of the Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects (Class EA-RSFD) and a Project Evaluation Policy proposed by MNR, if approved, together would reduce burden for activities with minimal environmental impact, and shorten timelines for those projects subject to the Ministry of Natural Resources’ (MNR) policy.

Proposed changes

The Ministry of the Environment, Conservation and Parks (MECP) is proposing to remove Class Environmental Assessment (Class EA) requirements under the Environmental Assessment Act for MNR projects. The proposed regulation would revoke the approval for the Class EA-RSFD and clarify that MNR projects are not subject to any other Class EA approved under the Environmental Assessment Act. The proposed regulation would also include transition provisions for certain MNR projects, as described below.

To provide continued oversight for projects with higher potential for negative effects on the environment, MNR is proposing a Project Evaluation Policy. MNR’s proposed policy would use a risk-based approach that would focus on projects with a higher potential for impacts and would provide for consideration of environmental impacts, mitigation and consultation.

Comments on the MNR policy proposal can be submitted via the associated ERO posting found here https://ero.ontario.ca/notice/026-0089 

Class EA for MNR Resource Stewardship and Facility Development Projects

The Class EA-RSFD sets out a standardized planning process for projects carried out by, or on behalf of, MNR. Examples of projects include:

• access roads
• dams
• fish stocking
• disposition of rights to Crown resources (for example, leases and land sales) and acquiring property 

The Class EA-RSFD includes a screening process to match projects to categories of potential impacts, to determine the level of assessment, documentation and consultation.

The vast majority of projects screened under the Class EA-RSFD have low potential net negative effects and have no further EA requirements.  In recent years, fewer than 10 projects per year have been screened as having medium to high potential net negative effects and are subject to the Class EA-RSFD assessment and consultation process.

Project-specific approval is not required to proceed with a project subject to the Class EA-RSFD.

Under the Class EA process, a person may request that the Minister of the Environment, Conservation and Parks issue a section 16 order requiring a comprehensive EA or imposing conditions in addition to those in the Class EA, if the order may prevent, mitigate or remedy adverse impacts to constitutionally protected Aboriginal and treaty rights. The Minister can also issue a section 16 order on their own initiative, provided the order is made within the timeframes set out in the Environmental Assessment Act.

Revoking the Class EA-RSFD approval

Given MNR’s proposed Project Evaluation Policy, we are proposing a regulation under the Environmental Assessment Act that would:

• revoke the Class EA-RSFD approval
• clarify that no other Class EA applies to MNR projects, by exempting MNR projects from Part II.1 of the Environmental Assessment Act
• provide for transition for certain MNR projects (see below for details)

Under the proposal, MNR activities would no longer be subject to the Class EA provisions of the Environmental Assessment Act, subject to the transition provisions described below.

Transition

The proposed regulation would provide a transition period for certain Class EA-RSFD projects. Specifically, the Class EA-RSFD and Part II.1 of the Environmental Assessment Act would continue to apply to the following projects for a period of 5 years from the date of revocation of the approval:

• any project for which the Class EA-RSFD process is underway (e.g., a public notice has been given under the Class EA but a statement of completion has not been filed) as of the revocation date
• any project for which a statement of completion has been filed under the Class EA-RSFD but where MNR has not yet carried out or completed the project as of the revocation date

After 5 years, the Class EA-RSFD would no longer apply, even if the Class EA process has not concluded. These projects would thereafter be subject to MNR’s policy.

In the event that a decision on a section 16 order request is pending at the end of this 5-year period:

• the EAA would continue to apply until a decision is made
• if an order is made, MNR would be required to comply with the order
• if an order is not made, there would be no further EAA requirements for the project

Furthermore, since the Algonquin Land Claim Declaration Order, as amended (ALCDO), applies to certain MNR undertakings to which the Class EA-RSFD otherwise would have applied, the proposed regulation would include a transition provision setting out that the revocation of the Class EA-RSFD approval would not affect the ALCDO.

Outcome of Proposed Changes

If the proposed regulation and MNR’s proposed Project Evaluation Policy were approved (see MNR policy proposal here https://ero.ontario.ca/notice/026-0089, Class EA requirements for MNR projects would no longer apply, nor would the Minister’s authority to make Section 16 orders in respect of these projects. Evaluation, documentation or consultation in respect of MNR projects would be undertaken under MNR’s proposed Project Evaluation Policy. However, as described above, those MNR projects that are subject to the proposed transition rules would remain subject to the Class EA-RSFD and EAA for a period of time. 

Project types that would have required evaluation and consultation under the Class EA-RSFD would generally be subject to the proposed Project Evaluation Policy or other MNR processes, where they exist. For projects evaluated under MNR’s policy, the proposed process would involve assessing impacts, identifying mitigation, and preparing and consulting on the project evaluation report. The policy would not apply to certain projects (e.g., ones with lower potential impacts). Routine and low impact projects would remain subject to any other applicable legal requirements. 

MECP would not administer the Class EA-RSFD. Class EA reviews and annual reports would no longer be required, reducing burden on both ministries.

The proposed regulation, if made, would not come into force until MNR’s policy, if approved, is implemented.

Regulatory impact analysis

The proposed amendments are expected to have a positive impact on business and reduce administrative burden by simplifying processes and removing requirements for projects that follow other processes.

Through this posting, we are seeking feedback on anticipated benefits or costs to Ontario businesses to better help the ministry understand the real costs or cost savings associated with these proposed changes.