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( April 2005 Green Facts Environmental Assessment in Ontario Environmental Assessment (EA) is adecision- Environmental Assessment making process used to promote good The EAA review and approval process (often environmental planning by assessing the potential referred to as "individual" EA) evaluates the effects ofcertain activities on the natural and possible environmental impacts ofa project human environment. In Ontario, this process is through the preparation ofa Terms ofReference defined and finds its authority in the (ToR) and an EA document. The ToR focuses on EnvironmentalAssessmentAct (EAA) and its associated regulations. The purpose ofthe EAA the environmentally significant issues ofa project and sets out a framework that will guide and focus the betterment ofthe people ofthe whole or any part of preparation ofan EA. The EA document will Ontario by providing forthe protection, include a description ofthe purpose ofthe project, conservation and wise managementofOntario's environment. To achieve this, the EAA ensures alternatives to the project, the environment that will ormay be affected by the project, the that environmental problems oropportunities are environmental effects that may be caused by the considered and theireffects are planned for before project, the methods that will be used to prevent, development orbuilding takes place. change, or reduce the effects ofthe project on the The EAA applies to undertakings (enterprises, environment, and the advantages and activities, proposals, plans orprograms) by disadvantages ofthe project to the environment. provincial ministries, municipalities and prescribed public bodies such as conservation authorities and Approval ofan Environmental Assessment the Ontario Energy Commission. Some undertakings are designated by regulation, such as EAs require approval from the Ministerofthe public orprivate projects designated underthe Environment and Cabinet underthe EAA. Electricity Projects Regulation (O.Reg 1 16/01). The EAA can also apply to certain other private Class Environmental Assessment sectorprojects that are designated by regulation or where an agreement has been made between the Not all undertakings subjecttothe EAA need to go Minister ofthe Environment and the proponent. through the individual EA process. Projectsthat are carried out routinely and have predictable and Public consultation is akey component ofthe EA mitigable environmental effects may fall into process. Mandatory consultation enables groups or"classes" and therefore do not warrant an potentially significant issues to be identified early individual EA. Ontario currently has 10 approved in the decision-making process and enablesthe Class EA's that coverroutine activities related to proponent tojustify any restrictions in the scope of suchthings as municipal road, sewage and water the EA. infrastructure, highway construction and Ontario Protecting our environment. PIBS 4983e April 2005 maintenance, forest management activities, EAA(O.Reg616/98). The review ofaToR conservation authorities works and other public- normally takes 12 weeks and the review ofan EA sectoractivities. takes 30 weeks. The review will take longer ifthe proponent takes a break in the process to change a To ensurethat environmental effects are report, ifthe project goes to a hearing, or ifthere is considered foreach project, proponentsare a break in the process for mediation. There are no required to follow the planning and design legislated time frames for proponents to prepare a procedures set out in the approved Class EA ToR oran EA. (including public consultation). In this way approval is not directly granted foreach individual Designation Requests project, but the requirements ofthe EAA are met through the fulfillment ofthe Class EA A Designation Request is a written request to the requirements. Minister ofthe Environment asking that an EA be EAA prepared fora projectthat is not subject the Approval ofa Class Environmental Assessment requirements. Such requestsare implemented by way ofa regulation made by Cabinet. Most Class EAs require approval by the Ministerand Designation Requests have been forprivate Cabinet underthe EAA. Terms ofReference are activities such as waste projects. Any residentof required forthe preparation ofthe Class EA. Ontario can requestthe Ministerto designate a specific project under the EAA. The request Part II Orders (Bump-ups) should be specific as to why the project should be Underthe Class EAs, a Part II order(or Bump Up) tsoubsjiexctmotnotthhse EtoAreparcocheassd.ecIitsnioonrmoanllayDteaskiegsnathtrieoen is the mechanism underwhich any affected or Request (including public and government agency interested party may request the Ministerto order consultation). that an individual EA be prepared forany project normally carried out underany ofthe approved Declaration Order Requests Class EAs. Any individual, group or agency may requestthe Ministerto make a Part II order orthe A person may also make a request that the Minister Ministermay make an order upon his or herown make a Declaration Order declaringthata (i.e., bump-upthe status ofthe project underthe proponent be exempt from preparing an EA fora EAA). Each Class EA has its own procedures for specific project orthat the proponent need only makinga requesttothe Minister and generally comply with certain parts ofthe EAA. A decision requests relate to outstanding significant on a request for a Declaration Order can take three environmental concerns with a projectthat are not to six months (including public and government resolved through the Class EA process. agency consultation). Cabinet must approve the Minister's decision to make a declaration order. The Ministerhas the ability to deny, deny with conditions orgrant a Part II order request. The Mediation Ministermay also refer Part II order requests to mediation priorto making a final decision about Underthe EAA, the Minister may order mediation whetheran individual EA is required. to resolve issues between the proponents and other interested parties when they are preparing boththe Legislated Timelines ToRand the EA. Mediation may also beused for matters raised in Part II Order requests. In these The governmenthas legislated deadlines on the discussions, the mediatortries to find ways to solve decision-making process to ensure that the review the disagreementsto the satisfaction ofall the ofaToR oran EA is completed within a involved parties, so that the EA process can reasonable time. The amount oftime that the continue. After mediation, the mediatorwill write government has to finish each step in the a report regarding the issue and any agreements environmental assessment review process is stated that were made. The Minister will use the reportto in the"Deadlines Regulation" made underthe assist with his/her decision on the project. The April 2005 Minister must make the report public promptly afterthe Ministermakes his or her decision. The Ministercan make the report public before then only ifeveryone involved in the mediation agrees. Timelines forthe Ministerto make a decision on an EA do not apply when the Ministerrefers a matterto mediation. The Environmental Review Tribunal The Environmental Assessment Review Tribunal is the successortothe Environmental Appeal Board and Environmental Assessment Board. The Environmental Review Tribunal is an independent board that hears disputes. Afteran EA has been reviewed by the government and the public, the Minister may on his own initiative, orat the request ofany person, referthe application orany part ofthe application to thetribunal for a hearing and a decision. Ifthe Ministerdecides that the proponent is to go to a hearing regarding the EA, the tribunal holds public hearings. The informationcontainedin this FactSheet is ofa generalnature onlyandisnotintendedto constitute adviceforanyspecificsituation. Please note that the textofmanyOntariostatutesand regulations are available on the Internet atwww.e- laws.gov.on.ca . Formore informationaboutEnvironmental Assessment in Ontario,pleasecontactthe EnvironmentalAssessmentandApprovals Branch locallyat416-314-8001 ortollfreeat 1-800-461- 6290. Information is also available on the Ministry ofthe EnvironmentInternetsite at www,ene gov,on.ca . . Environmental Assessment and Approvals Branch Ministry ofthe Environment 2 St. Clair Avenue West, Floor 12A Toronto ON M4V L5 1 Telephone: 416-314-8001 or 1-800-461-6290 Fax:416-314-8452 Internet: www.ene.gov.on.ca E-mail: [email protected]