After the Minister’s Decision (7)

Lieutenant Governor in Council Approval (7.1)

Most of the decisions made by the Minister about a proponent’s application require the approval of the Lieutenant Governor in Council, or such ministers of the Crown that the Lieutenant Governor in Council may designate. This includes:

  • The Minister making a decision about the application without referring it to a hearing;
  • Varying the decision of the Tribunal;
  • Substituting his or her decision for the Tribunal’s;
  • Giving notice to the Tribunal to hold another hearing.

There are no timelines associated with this step in the decision-making process. The Deadlines Regulation only considers the time up until the Minister makes a decision on the application (no mediation or hearing).

Decision Notification (7.2)

After the final decision about the application (by the Minister, the Tribunal or the Lieutenant Governor in Council) is made, the Minister will notify the proponent of the decision. A Notice of Approval or a Notice of Refusal will be issued. Written reasons for the decision and any conditions will be provided in the Notice.

In most instances, those persons who submitted comments during the second inspection period will also be notified of the decision by the Minister. When a large number of submissions are received, the ministry may determine that it is not practical to notify each person individually and will provide some form of community notification, such as a newspaper posting.

The Project Officer will provide notification of the Minster’s decision to applicable Aboriginal communities and those members of the Government Review Team who provided comments. In addition, notice of the decision will be posted on the environmental assessment page of the ministry’s website5.

Post Environmental Assessment Act Decision (8)

Approval to Proceed with the Undertaking Given (8.1)

If approval to proceed with the undertaking is given, subject to any conditions imposed, the proponent can proceed to acquire any other required approvals and implement the undertaking. In certain cases, further approval from the ministry under the Environmental Protection Act or the Ontario Water Resources Act may be required.

Receiving Environmental Assessment Act approval does not mean that the proponent must implement its undertaking; it just means that if the proponent chooses to proceed with the undertaking it must do so in accordance with the approval. Failure to implement the undertaking as approved is a contravention of the Environmental Assessment Act.

Compliance Monitoring and Reporting (8.1.1)

During the implementation of the undertaking, the proponent must conduct any monitoring (compliance and/or effects monitoring) outlined in its environmental assessment and the conditions of the approval to proceed with the undertaking. Proponents shall retain either on-site or in another location specified in the environmental assessment, the results of the compliance reporting, including the detailed monitoring data. The proponent shall make the documentation available to the ministry upon request in a timely manner when required by the ministry during an on-site inspection, audit, response to a pollution incident report, or when information concerning compliance is requested by the ministry. Some conditions of approval require that this information be submitted annually to the Director.

Approval to Proceed with the Undertaking Not Given (8.2)

If approval to proceed with the undertaking is not given, the proponent can choose to either abandon its proposal, or modify it and start the process over again. The process must start from the very beginning with the preparation of a new terms of reference.

Other Matters (9)

Reconsideration of Decision (9.1)

The Minister or the Tribunal may reconsider an approval given by the Minister or the Tribunal to proceed with the undertaking if there is a change in circumstances or new information is available and the Minister or the Tribunal considers it appropriate to do so (section 11.4 of the Environmental Assessment Act). A decision to amend or revoke an approval can only be made in accordance with such rules and subject to such restrictions as may be prescribed.

Change to an Undertaking (9.2)

If a proponent wishes to make changes to an undertaking after it has received approval to proceed, the proposed change will be considered a new undertaking for the purposes of the Environmental Assessment Act (section 12 of the Environmental Assessment Act), unless such change has been accounted for in the environmental assessment or through a condition of approval. This change may require the preparation of a new terms of reference.

Replacement of Environmental Assessment (9.3)

A proponent may submit a second environmental assessment to replace an environmental assessment that was withdrawn by the proponent or considered deficient by the Director and subsequently rejected by the Minister. This second environmental assessment must be prepared in accordance with the approved terms of reference (section 12.1 of the Environmental Assessment Act).

Activities (Not) Permitted Before Approval (9.4)

Certain activities are permitted, and others not, before a proponent receives approval to proceed with an undertaking (section 12.2 of the Environmental Assessment Act).

Before receiving approval under the Environmental Assessment Act, a proponent is permitted to:

  • Take any action in connection with the undertaking that may be necessary to comply with the Environmental Assessment Act;
  • Acquire property or rights in property in connection with the undertaking;
  • Prepare a feasibility study and engage in research in connection with the undertaking;
  • Establish a reserve fund or another financing mechanism in connection with the undertaking.

Any approvals required to proceed with the above activities can be issued before approval under the Environmental Assessment Act is granted. A loan, grant, subsidy or guarantee from the Crown or an agency of the Crown may also be given or approved for those specific activities listed above.

In all other cases, no other authorizations (such as Environmental Protection Act approval) associated with the undertaking can be issued until approval under the Environmental Assessment Act is given. Also, except as specified above, no loan, grant, subsidy or guarantee from the Crown or an agency of the Crown may be given or approved until approval under the Environmental Assessment Act is given.

Public Record (9.5)

According to section 30 of the Environmental Assessment Act, the Director must maintain a record for each proposed undertaking for which an application for approval under the Environmental Assessment Act is submitted. The record is maintained at the Branch and is usually available within 24 hours of it being requested by any person. Depending on the size of the file, or when the decision was made, more than 24 hours may be required.

The public record file must contain the proposed and the approved terms of reference and environmental assessment, all notices given, the Minister’s decision, and such other documents as the Minister or Director considers appropriate. As a matter of practice, the Branch also includes all information submitted by the proponent during the preparation and review of the terms of reference and environmental assessment and all comments received by other interested persons during the preparation and review of both documents. Post-approval documents such as annual compliance reports are also included.

Considering the Needs of Francophone Communities (9.6)

The ministry is committed to consulting and communicating in French with Francophone individuals, organizations, municipalities and communities in or near the 25 bilingual areas (Ontario Office of Francophone Affairs website) designated under the French Language Services Act.

While there is no statutory requirement for proponents to specifically engage the Francophone community, the ministry expects all members of the public to be adequately consulted and engaged during the environmental assessment process. The Environmental Assessment Act requires that a proponent consult with any person who is interested.

Accordingly, in conjunction with this Code, proponents should:

  • Note that the Francophone population is included in the definition of interested persons,
  • Follow the guidelines related to consultation and communication with Francophones outlined in the Code of Practice: Consultation in Ontario’s Environmental Assessment Process.

This Code of Practice is intended to provide proponents and other interested persons with an understanding of how to prepare an environmental assessment and how it is reviewed by the ministry. Specific questions about an environmental assessment for a particular undertaking should be referred to the Project Officer assigned to the proposed undertaking.

Those interested in information about Ontario’s environmental assessment process should consult the Ministry of the Environment’s website or contact the ministry at the address below to obtain process, consultation and mediation guidance.

Ministry of the Environment
Environmental Approvals Access and Service Integration Branch
2 St. Clair Avenue West, Floor 12A
Toronto, Ontario M4V 1L5 Canada

In addition, the ministry has guidance materials for the following key elements of the environmental assessment process:

  • Class environmental assessments
  • Climate effects (draft)
  • Consultation
  • Coordinating federal and provincial environmental assessment requirements
  • Electricity projects
  • Glossary
  • How to make a Part II Order request
  • Making a hearing request
  • Mediation
  • Terms of reference
  • Transit projects
  • Waste management projects

Appendix A: Environmental Assessment Process Timelines

The image shows the process timelines for Environmental Assessment.

  1. Proponent consults during terms of reference (ToR) preparation.
  2. Proponent submits ToR to the ministry.
  3. Government and public review the ToR.
  4. The minister makes a decision to either reject or approve the ToR.
    1. If the ToR is rejected, the proponent must decide to either abandon the project or resubmit the ToR (step 2).
    2. If the ToR is approved, the proponent consults during environmental assessment (EA) preparation.
  5. Proponent submits EA to the ministry.
  6. Government and public review the EA. The Director may issue a Deficiency Statement. If the deficiencies are not remedied, the Minister may reject the EA.
  7. The ministry issues a Notice of Completion of Ministry Review of EA.
  8. The public inspects the Ministry Review (final).
  9. The Minister has three options:
    1. Refer all or part of application to the Tribunal
    2. Make a decision
    3. Refer to mediation
  10. If the Minister refers to the Environmental Review Tribunal (Hearing), the Minister has 28 days in which he or she may review the Tribunal decision. The Tribunal has the same decision options as the Minister (approve, approve with conditions, or refuse).
  11. If the Minister makes a decision, he or she will either approve, approve with conditions, or refuse the EA. Referred mediation is most likely to occur at this point, but may occur any time after step 6.
  12. If the Minister refers to mediation, the Minister shall consider the mediator’s report when making a decision to either approve, approve with conditions, or refuse the EA.

Note: Self-directed Mediation may occur at any time. The Minister may refer an environmental assessment application to mediation (referred mediation) any time during the environmental assessment process (60 days maximum).

Prescribed deadlines (Ontario Regulation 616/98)

  • Steps 2-4: 12 weeks
  • Step 6: 7 weeks
  • Step 7: 5 weeks
  • Step 8: 5 weeks
  • Step 9: 13 weeks

Appendix B: Government Agencies and Their Areas of Interest

This information is a subset of the Government Review Team list that is provided to proponents at the start of their planning process. This is for information only, and the particular agency or ministry must be contacted to determine if they have a mandated interest in the proposal.

Federal Agencies
Agency/Ministry Type of Project/ Potential Areas of Interest
Canadian Environmental Assessment Agency Undertakings that are listed in the Regulations Designating Physical Activities under the Canadian Environmental Assessment Act, 2012.
Canadian Transportation Agency Undertakings with the potential to affect railway lines or property.
Aboriginal Affairs and Northern Development Canada Undertakings with the potential to affect:
  • Aboriginal communities;
  • traditional territories, and reserves;
  • lands/waters surrounding reserves.
Environment Canada Undertakings with the potential to:
  • result in the deposit of deleterious substances into fisheries water;
  • affect migratory birds;
  • affect federal wetlands;
  • affect national wildlife areas and national parks;
  • cause transboundary effects on air or water quality;
  • endanger or threaten species at risk.
Fisheries and Oceans Canada Undertakings in or near water that have the potential to:
  • harmfully alter disrupt or destroy fish or fish habitat;
  • impact passage of fish around migration barriers;
  • impact provision of sufficient water flows;
  • result in the destruction of fish by means other than fishing (blasting);
  • impact aquatic species at risk.
Health Canada Undertakings with human health implications.
Transport Canada Undertakings that:
  • are located in the vicinity of a federal airport and may attract birds;
  • may cause electrical interference to navigational aids;
  • may affect a navigable waterway.
Each federal authority with responsibility for federal lands Undertakings that are on or abutting federal lands and require federal approvals or financing.
Provincial Agencies & Ministries
Agency/Ministry Type of Project/ Potential Areas of Interest
GO Transit Undertakings with the potential to affect GO Transit service or property.
Infrastructure Ontario Undertakings whose associated lands are adjacent or proximate to provincial government facilities, lands, and infrastructure.
Niagara Escarpment Commission Undertakings in or with the potential to affect the Niagara Escarpment Planning Area.
Ministry of Aboriginal Affairs For identification of Aboriginal communities potentially affected by an undertaking. Also for undertakings with the potential to affect Crown land and resource usage.
Ministry of Agriculture and Food Undertakings with the potential to affect:
  • prime agricultural areas (areas of classes 1–3 agricultural soils);
  • specialty crop areas;
  • agricultural uses, agriculture-related uses and secondary uses on farms.
Ministry of Tourism, Culture and Sport Undertakings with the potential to affect sport/recreational areas or tourist facilities. Undertakings that may affect properties having recognized or potential cultural heritage value or interest, which may include:
  • built heritage resources;
  • cultural heritage landscapes;
  • areas of archaeological potential;
  • undertakings whose associated lands are adjacent or proximate to lands owned by the Royal Botanical Gardens, the McMichael Canadian Collection, or owned or protected by the Ontario Heritage Trust.
Ministry of Education (consult local school board) Ministry of Training, Colleges and Universities (consult local institution) Undertakings with the potential to affect school/institution, building property, or staff and students.
Ministry of Community Safety and Correctional Services Undertakings with the potential to have a direct physical impact on a Correctional Services correctional centre, jail or a detention centre.
Ontario Provincial Police Undertakings with the potential to have a direct physical impact on an Ontario Provincial Police correctional centre, jail or detention centre.
Ministry of Economic Development, Trade and Employment Undertakings which involve investments in large-scale manufacturing facilities or co-generation projects.
Ministry of Energy Undertakings with energy implications, including renewable energy such as small hydro or wind. Undertakings within an area covered by the Growth Plan for the Greater Golden Horseshoe or the Places to Grow Act, 2005.
Ministry of Health and Long-Term Care (Local Medical Officers of Health) Undertakings with potential health impacts such as groundwater contamination and air quality impacts.
Ministry of Municipal Affairs and Housing Undertakings that:
  • relate to municipal services;
  • involve a municipal proponent;
  • may have an effect on the Oak Ridges Moraine Conservation Plan Area.
Ministry of Natural Resources Undertakings that may have a potential effect on:
  • permanent and intermittent watercourses or water bodies;
  • rare, vulnerable, threatened, endangered or otherwise significant species;
  • Areas on Natural and Scientific Interest or an Environmentally Significant Area;
  • mineral aggregate resources;
  • Crown land/resources;
  • provincially significant wetlands.
Ministry of Northern Development and Mines Undertakings that may potentially affect:
  • geological and mineral resources;
  • economic development in northern Ontario;
  • tourism in northern Ontario.
Ministry of Transportation Undertakings within:
  • any study area for a transportation corridor or route planning project;
  • 800 metres of any existing/designated provincial highway or other provincial transportation facility;
  • adjacent to Ministry of Transportation property (i.e. patrol yards, carpool lots, etc.).
Other
Agency/Ministry Type of Project/ Potential Areas of Interest
Ontario Power Generation Undertakings that could potentially directly affect an Ontario Power Generation generating site.
Hydro One Networks Inc. Undertakings that could potentially directly have an impact on Hydro One facilities or plants (includes transmission/distribution lines or transformer/distribution stations).
Local Conservation Authority under the Conservation Authorities Act Undertakings that:
  • have the potential to affect the control of water based natural hazards or for interfering with a watercourse or wetland in areas prone to water related natural hazards (shorelines, wetlands, floodplains) and as such may require a permit under the Conservation Authorities Act;
  • require conformity to natural hazard policies (Section 3.1) of the Provincial Policy Statement (PPS) (2005) of the Planning Act;
  • have the potential to affect areas of interest outlined in the terms of a municipal service contract such as hydrogeology, storm water management, septic system reviews, natural heritage features;
  • have the potential to affect interests of the Conservation Authority as a local resource management agency or as an adjacent landowner of an undertaking.
Source Protection Authority under the Clean Water Act Undertakings with the potential to affect:
  • a vulnerable area identified in the most recent local assessment report (or source protection plan) prepared for the local source protection area under the Clean Water Act, 2006, where the project involves one or more activities identified as a drinking water threat (The list of prescribed drinking water threats can be found in section 1.1 of O. Reg. 287/07 or the Director may also approve a local drinking water threat activity in addition to those prescribed by regulation);
  • municipal drinking water sources or other drinking water sources (for example, a drinking water source that serves a First Nation reserve that is prescribed by regulation) as identified in the most recent local assessment report prepared for the local source protection area where the undertaking involves activities identified as prescribed drinking water threats.
Municipalities Undertakings with the potential to affect:
  • a vulnerable area as defined by the Clean Water Act, 2006 or as identified in the most recent local assessment report prepared for the local source protection area where the undertaking involves activities identified as prescribed drinking water threats.
  • municipal drinking water sources as identified in the most recent local assessment report prepared for the local source protection area where the undertaking involves activities identified as prescribed drinking water threats.

Note: Municipalities and Aboriginal peoples, while not formally on the Government Review Team, are consulted about an environmental assessment application if it is located in their municipality or community or if it may affect their municipality or community as required by the Environmental Assessment Act.

Appendix C: Notification Templates and Summary Form

Notice of Commencement of Environmental Assessment Template

Download the Notice of Commencement of Environmental Assessment Template

Notice of Submission of Environmental Assessment Template

Download the Notice of Submission of Environmental Assessment Template

Environmental Summary Form

To download the Environmental Assessment Summary Form, please visit the Ontario Central Forms Repository.

Appendix D: Regional/District/Area Offices of the Ministry of the Environment

The regional/district/area offices are responsible for delivering programs to protect air quality, protect surface and ground water quality and quantity, manage the disposal of wastes, ensure an adequate quality of drinking water, and control the use of pesticides.

For a list of location and contact information for each region and associated district/area offices, please refer to the Ministry of the Environment and Climate Change regional and district offices webpage.

5 The environmental assessments page of the Ministry’s website.