Using the Class Environmental Assessment for Projects

Part C - Using the Class Environmental Assessment for Projects

Using the Class Environmental Assessment (8.0)

Once a class environmental assessment is approved, proponents of class environmental assessment projects may use it to plan projects that fall within the classes identified in the class environmental assessment. Since it is a self-assessment process, proponent’s projects are either "pre- approved" and have no further environmental assessment requirements, or are approved as long as they successfully follow the planning process in the approved class environmental assessment.

This part of the Code provides guidance and ministry expectations on certain aspects of planning a class environmental assessment project that, based on the ministry’s experience with class environmental assessments, warrant further clarification.

The additional guidance is intended to support the planning processes as set out in each approved class environmental assessment; not to replace or supersede what is in the approved class environmental assessment. Proponents of class environmental assessment projects must consult the approved class environmental assessment they are using and follow the planning process as outlined therein. The approved class environmental assessment prevails.

It should be remembered that environmental assessment is a planning process that allows proponents to assess the potential for environmental effects using best information available in order to make an informed decision about whether a project should proceed. It is not the proponent’s responsibility to achieve consensus about whether a project should proceed or attempt to resolve issues outside the scope of the project.While the objective is to avoid or minimize potential negative environmental effects, it may not always be possible to do so. There will be times where individuals may be affected by a project that would benefit society as a whole. The objective is to ensure that projects are planned in an environmentally responsible manner so that the environment is protected.

Identifying the Project Schedule or Category (8.1)

Since projects can vary in their potential for environmental effects, most class environmental assessments will have projects divided into different groupings that will have specific planning and design process requirements, depending on the level of complexity of the project. While these groupings are typically articulated within the class environmental assessment, it is important to recognize that there should be flexibility within a process to be responsive to specific project complexity. For example, while a project may be on a schedule that is pre-approved without any further assessment required and there is significant public interest in the project or there is the potential for significant negative environmental effects, a proponent may find it prudent to subject the project to some higher level of investigation in order to assess alternatives, environmental effects and public, Aboriginal communities and government agency issues and concerns. While this is not a requirement, a proponent may wish to do this in order to avoid significant concerns at the end of the planning process.

For the most part, the existing groupings of projects are appropriate; the proponent must ensure that the right grouping is selected when commencing the planning process under the class environmental assessment.

The complexity of a project is influenced by potential environmental effects, public, Aboriginal communities and government agency concerns and technical considerations. The proponent has a responsibility for using professional judgment to determine whether enhanced consultation and/or assessment is needed, beyond that which is required by the approved class environmental assessment.

Recognition of Previous Planning Work (8.2)

There may be circumstances where project activities being considered in the preparation of a class environmental assessment may be the result of previous planning work carried out by the applicant of the class environmental assessment, but outside of the environmental assessment process; for example, a new sewage treatment plant that was identified in an Infrastructure Plan that supported a municipality’s Official Plan.

When this is the case, there should be provisions in the class environmental assessment that permit the limitation of the examination of alternatives. Where the study of the existing environment was previously considered, the discussion can also be limited.

The circumstance where this would be permitted is if the earlier planning process had similar provisions to those of the Environmental Assessment Act such as:

• An examination of alternatives;
• Regard for the environment and environmental effects;
• Public consultation with interested persons such as the public, Aboriginal communities and municipalities;
• Ability for the public to inspect the planning document in its entirety;
• Approval by a recognized decision-making body in a transparent manner such as municipal council resolution or provincial government policy decision⁵.

If the previous planning process meets the above criteria, then the proponent, when planning a project under an approved class environmental assessment, may propose to limit the discussion of previously examined alternatives or existing environment. Relevant information previously considered under provincial transportation network plans, transportation and infrastructure Master Plans, Growth Plans under the Places to Grow Act, 2005, and Official Plans are examples of documents that could be considered to support the selection of alternatives to be examined in the class environmental assessment planning process should they meet the above criteria.

Where proponents want to use previously approved planning work to limit the range of alternatives to be examined or the discussion of the existing environment, the proponent must provide sufficient rationale and documentation to demonstrate that the previous planning work has met the criteria and requirements of the Environmental Assessment Act.

There are also times when projects result from a provincial government priority initiative. Provincial government priority initiatives include announcements in throne speeches, budget announcements or initiatives in provincial plans. In these cases it may be difficult to examine the usual range of alternatives as the actual project has been defined by the initiative. If this is the case, the project documentation should outline the rationale for not examining alternatives and the extent to which any previous planning supports the provincial government priority initiative.

If a proponent chooses to rely on previous planning work to limit the discussion of alternatives, then the rationale for doing so must be evaluated for its appropriateness, relevance and accuracy as it relates to provincial plans, policies and interests (for example, Provincial Policy Statement, Growth Plans under the Places to Grow Act, 2005).

While the option to rely on previous planning work to limit the discussion of alternatives to is available to proponents, it is not mandatory. Proponents may still choose to examine a broader range of alternatives to, if it is more appropriate to do so in the particular circumstances

There are also a number of approved class environmental assessments that do not require the examination of alternatives for some or all of the activities in a defined class of undertakings. In those cases, the approved class environmental assessment will prevail and the proponents of those class environmental assessment projects will not need to examine alternatives.

Consultation on Projects Proceeding under an Approved Class Environmental Assessment (8.3)

Effective and meaningful involvement of interested persons, including Aboriginal peoples and communities, and government agencies, in the assessment of projects throughout the class environmental assessment process is imperative. Consultation is a process which facilitates the exchange of information and ideas between proponents and affected or interested persons. The intent of the process is to ensure there is accurate information available for a proposed project for interested persons to consider; and so that proponents can understand issues and potential environmental effects that may need to be considered if the proposed undertaking is to proceed. An effective consultation program may make the difference in the ability of a proponent to proceed with a project in a timely manner.

A typical class environmental assessment planning process will indicate the specific mandatory points of contact. These contact points should be considered a minimum level of effort for a proponent to carry out. For controversial, lengthy or complex projects, additional contacts with interested persons or concerned groups may also be required. Proponents should adjust the consultation process to reflect the needs of the project and interested persons.

It is also important to remember the role of municipal councils and other governing bodies in the consultation process. Different councils or governing bodies will have different expectations on how they wish to be kept informed. Involvement from municipal councils or other governing bodies may range from receiving staff reports during the course of a study or the submission of a presentation or report at the conclusion of a study to seek council or other governmental approval before issuing a Notice of Completion. Project managers should confirm with the applicable councils or governing body what level of involvement they would like to have early in the planning process. In some communities council members or those from other governing bodies may wish to have representation at public meetings.

The approach to consultation should be customized to the project and the existing environment. A linear transportation project with a long corridor (for example, widening a provincial highway) will have very different consultation needs than a more spatially limited project (for example, municipal road intersection improvements) with a well-established and active citizen’s group.

While proponents have a responsibility to provide appropriate information to interested persons in a timely manner and do their utmost to address all project considerations as best they can, interested persons have a responsibility to make sure they take the opportunity to learn about the project and the process so that they can effectively put issues and concerns forward in an attempt to have them addressed. It should be noted that there are times when not all issues can be addressed or negative impacts avoided or mitigated as a result of the proposed project despite the best efforts of the proponent. There will be projects where some individuals may be affected to benefit society at large.

The extent of the consultation will vary from project to project depending on the issues related to the project, the amount of interest in the project and the project’s complexity. The proponent will need to decide what the most appropriate consultation strategy, or blend of strategies is for their particular class environmental assessment project or study.

Consulting with Aboriginal Communities for Projects Proceeding under a Class Environmental Assessment (8.3.1)

Proponents are required to consult with interested persons about the potential effects of the proposed project proceeding under an approved class environmental assessment. In doing so, special consideration must be given to whether the rights or interests of Aboriginal communities may be affected by the proposed project.

When considering which Aboriginal communities to contact, proponents should be mindful that the traditional territories, treaty areas, or areas of rights claims involving Aboriginal or treaty rights of some Aboriginal communities are extensive. As a result, it may be insufficient to consult only with Aboriginal communities with reserve lands in the vicinity of the proposed project.

Proponents should consult the environmental assessment page of the ministry’s website⁶ for the list of governmental organizations such as the Ministry of Aboriginal Affairs and Aboriginal Affairs and Northern Development Canada which can assist in the identification of Aboriginal communities to engage when proceeding under a class environmental assessment for a particular project.

Proponents must at a minimum make good faith efforts to engage the Aboriginal communities and organizations that are identified by these governmental organizations.

As part of the class environmental assessment process, the ministry expects the proponent to:

• Contact the Aboriginal communities normally through the Chief and Band Council;
• Provide the identified Aboriginal communities with the requisite Notices under the class environmental assessments;
• Provide the communities with notification of open houses and meetings;
• Provide project documentation and other information when requested.

The Crown has a duty to consult with and accommodate Aboriginal communities when it has knowledge, real or constructive, of the existence or potential existence of an Aboriginal or treaty right and contemplates conduct that might adversely affect it.

During the consultation and engagement process with Aboriginal communities, it may be determined that the proposed class environmental assessment project may potentially adversely affect an existing or asserted Aboriginal or treaty right protected under section 35 of the Constitution Act, 1982 and that the Crown has a legal duty to consult. The procedural steps described above will help to set the framework to ensure that the Crown’s duty to consult, if it arises, is satisfied with respect to the project proceeding under the approved class environmental assessment.

Crown Proponents

If the proponent of the class environmental assessment project is clearly the Crown (for example, Ministry of Natural Resources, Ministry of Transportation), then the consultation efforts should be led by the Crown proponent. Where there is a potential adverse effect on an Aboriginal or treaty right, the Crown proponent should advise the Director of the consultation carried out with Aboriginal communities. The Director and Crown proponent will discuss what next steps are required.

Non-Crown Proponents

If the proponent of a class environmental assessment project is not the Crown and an Aboriginal community has asserted that the Crown has a duty to consult based on the potential adverse effects on an Aboriginal or treaty right during the course of engagement about the potential effects of the class environmental assessment project, then the proponent should notify the Director.

Proponents can assist the ministry by providing it with correspondence from Aboriginal Affairs and Northern Development Canada and the Ministry of Aboriginal Affairs, and the list of the Aboriginal communities that have been engaged and details of what has transpired to date between the proponent and the Aboriginal community(ies). The ministry will determine whether additional Aboriginal communities should be consulted by the Crown. The Director may request that the proponent seek and provide further particulars of the assertion where appropriate.

All Proponents

When the duty to consult has been engaged, all parties should understand that:

• The nature, scope, and content of the duty to consult and accommodate varies with the circumstances.
• Meaningful consultation requires the Crown to listen with an open mind to what the Aboriginal communities have to say.
• There may be a requirement to make changes to a proposal based on information obtained through consultations.
• Accommodation requires a process of balancing interests.
• Responsiveness is a key element of both consultation and accommodation.

Considering the Needs of Francophone Communities (8.3.2)

The Ministry of the Environment 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) 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 guide/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.

Involvement of Government Review Agencies (8.4)

Early in the planning stages of a class environmental assessment project, the proponent should contact government review agencies to determine whether or not the various municipal, provincial or federal government review agencies have an interest in the project. For example, the local Conservation Authority (also referred to as the "source protection authority" under the Clean Water Act, 2006), a municipality or other government review agency may be interested in a class environmental assessment project that involves one or more activities identified as drinking water threats in a vulnerable area (for example, a wellhead protection area) in the most recently approved assessment report (or source protection plan) prepared for the local source protection area under the Clean Water Act, 2006. Government review agencies should be involved throughout the planning process once they have been identified to review technical information about the environment, potential impacts and impact management measures that are in supporting technical reports. The government review agencies should be circulated the technical reports and information bulletins on the project during the early stages of project planning, not at the time of the completion of the final environmental report. This is because government review agencies typically need more than 30 days to review technical information and provide meaningful comments. It would also be beneficial to have some early discussions with government review agencies to identify specific interests and/or issues of concern; and identify any technical or planning permits or further approvals that may be required.

It is not sufficient just to provide Notices at the mandatory points of contact to the government review agencies and consider that the obligation for consultation with them has been fulfilled. While useful to have to determine the progress of the project planning, the Notices do not provide enough technical information that can be used by the government review agencies to determine whether they may have a concern. It is important for proponents to make early contact with government review agencies and keep them involved throughout the project planning if the agency has expressed an interest based on its mandate.

A list of government review agencies that have stated their desire to be circulated on relevant environmental assessments has been developed by the ministry and is included in Appendix B.

Other Legislation (8.5)

While the class environmental assessment process can be conducted in a way that will help facilitate approval processes with other environmental legislation, it does not replace or exempt the project from other applicable, federal, provincial and municipal legislation. Where possible, duplication between the class environmental assessment process and other formal approval processes should be avoided. It is the responsibility of the proponent to ensure that all requirements of all legislation is identified and met.

Under the Canadian Environmental Assessment Act, 2012, a federal environmental assessment is required for a proposed undertaking if:

• The proposed project is listed in the federal government’s Regulations Designating Physical Activities; or,
• The federal Minister of the Environment designates the proposed project; and,
• The Canadian Environmental Assessment Agency determines and confirms that a federal environmental assessment must be conducted.

The federal and provincial governments have committed to work closely to coordinate their environmental assessment requirements⁷. If a federal assessment is required, proponents should consider ways to maximize efficiencies with respect to the collection of data, the criteria for assessing the impacts of the transit project, consultation processes, addressing other requirements that meet the needs of both the federal and provincial processes. The proponent should notify the Canadian Environmental Assessment Agency to ensure that contacts with appropriate federal agencies are made early in the process to avoid conflicts or delays.

Issue Resolution (8.6)

Proponents are encouraged to work with government agencies and other interested persons to identify issues early and seek opportunities to address concerns. The timely completion of an environmental assessment process can be affected by unaddressed concerns surfacing late in the planning process. The ministry’s Code of Practice entitled, Consultation in Ontario’s Environmental Assessment Process provides useful guidance on designing a responsive consultation process. It is noted in the Code that by recognizing concerns early and throughout the planning process a proponent can:

• Minimize the possibility of having to revisit past irreversible decisions;
• Increase opportunities for proponents and interested persons to arrive at solutions before submission of the Notice of Completion and project documentation for public review;
• Reduce the likelihood that the timing of further technical approvals is held up.

Interested persons also have responsibilities to participate meaningfully in concerns in a timely manner, the proponent may be able to explore options to address issues and identify workable solutions. Interested persons who have concerns about a project should be clear whether the issue relates to the effects of the project activity or the class environmental assessment process. Interested persons should not be requesting proponents to revisit concerns with previous planning decisions that have been made through another planning process. Proponents are only responsible for responding to concerns associated with the class environmental assessment planning process and the potential environmental effects of a project activity. For example, if a municipal land use planning decision has been made to allow for residential development in the northern part of the municipality and a class environmental assessment is being carried out for sewer servicing, the class environmental assessment process will only address the environmental effects assessment of the servicing component, not whether the approved land development should occur.

Mechanisms to Respond to Outstanding Concerns

Under section 16 of the Environmental Assessment Act, (see discussion in Section 7.1.4, Part II Order Request Provisions), anyone may request that the Minister of the Environment make a specific class environmental assessment project subject to a higher level of review. These requests are referred to as Part II Order requests and can be considered when a specific project has the potential for significant environmental effects or when issues remain outstanding.

For class environmental assessments that identify and include provisions for coordinating class environmental assessment requirements with another approvals process, other appeal mechanisms may be available to address concerns related to the requirements of the other approvals process.For example, the Municipal Class Environmental Assessment includes integration provisions that allow class environmental assessment requirements to be coordinated with certain types of applications made under the Planning Act. In this situation, the Ontario Municipal Board, which hears appeals of decisions made under the Planning Act, may be the more appropriate adjudicative body if the concerns raised are related to land use planning issues.⁸

An example of another appeal mechanism that could be available to the public would be if a class environmental assessment identifies and includes provisions for coordinating class environmental assessment requirements with the permitting and approvals process under the Niagara Escarpment Planning and Development Act. Under this act, certain parties have rights to appeal decisions made by the Niagara Escarpment Commission on development permit applications.⁹

Part II Order Requests (8.7)

Each class environmental assessment establishes general procedures for requesting a Part II Order (also known informally as bump-ups), timelines for the ministry’s review of requests, and other administrative matters. These will vary between class environmental assessments. The procedures to be included in a class environmental assessment are discussed in Section 6.2.3 of this Code of Practice.

This section on Part II Order requests focuses on how Part II Order requests should be made and how the ministry reviews those requests.

What a Part II Order Request Should Be

A Part II Order request should be:

• A way in which the proponent, an interested person, Aboriginal community, or government agency with a significant concern about thepotential environmental effects of a proposed class environmental project, can request that a higher order of environmental assessment be carried out so that the concerns can be addressed.

What a Part II Order Request Should Not Be

A Part II Order request should not be:

• A mechanism to stop, delay or frustrate the planning and implementation of a class environmental assessment project.
• A mechanism to revisit issues with which the requester does not agree and that have already been decided through another planning process such as Official Plans, Growth Plans and Infrastructure Plans.
• A mechanism to be used simply because the project is not desired in a community.
• A means to resolve issues that can be dealt with through other methods such as permits, licences or other planning processes (local municipal by-laws, building permits).
• A mechanism to deal with broad policy issues that do not have government policy direction and are not directly related to the proposed class environmental assessment project such as adequacy of funding for transit.

Timing of a Part II Order Request (8.7.1)

A Part II Order request is considered to be premature when it is received during the early planning stages of the class environmental assessment process, prior to the issuance of the Notice of Completion.

It may be that the nature of the issues and concerns raised in the request warrant the ministry’s consideration of the issues at the time it is received. For example, it may be appropriate to address issues that deal with rationale and alternatives to early in the process, as early resolution of these matters would allow the process to proceed without revisiting the matter at a later stage. In this situation, the proponent should be asked to determine the validity of the issues and whether the proponent should continue to pursue the proposed solution. This dialogue should be documented.

If the request is premature, the Project Evaluator will advise the requester by letter that it should bring its issues to the attention of the proponent. The requester will also be advised that a Part II Order request may be made during the review period once the Notice of Completion has been published.

Making a Part II Order Request (8.7.2)

When an interested person has concerns with the potential environmental effects of a project or the planning process that was followed that despite best efforts have not been able to be resolved by the proponent and the requester, then it may be appropriate to request a Part II Order.

A valid Part II Order request:

• Must be made in writing to the Minister or delegate with a copy to the proponent.
• Must be made after all of the planning is complete (after the Notice of Completion is issued and within the specified review period outlined in the Notice) so that all of the potential environmental effects and impact management measures are understood.
• Must not be made for the sole purpose of delaying, stopping or frustrating the planning and implementation of a class environmental assessment project (such requests will not be considered).
• Must focus on potential environmental effects of the project, the class environmental assessment process, and not on decisions made outside the class environmental assessment process (for example, land use planning decisions made under the Planning Act or issues related to municipal funding of projects).
• Must not raise issues that are not related to the project.
• Should be withdrawn promptly by the requester if the proponent has satisfied the concerns of the requester.

Part II Order requests should include a rationale as to why a higher level of assessment would address the concerns raised in the request. A requester should promptly withdraw a Part II Order request if the proponent has satisfied the requester’s concerns.

Information in a Part II Order request should include, but is not limited to:

• Name and address of the requester;
• Name of the proponent and project;
• Details about the undertaking;
• A clear indication that a request for a Part II Order is being made;
• Specific reasons for which the request is being made;
• Rationale on why a higher level of assessment would address the concerns raised within the request;
• Information about any efforts to date to discuss and resolve the concerns with the proponent;
• Other matters that may be considered relevant.

Requesters should refer to the appropriate class environmental assessment for specific requirements.

All personal information included in a submission – such as name, address, telephone number and property location – is collected, maintained and disclosed by the Ministry of the Environment for the purpose of transparency and consultation. The information is collected under the authority of the Environmental Assessment Act or is collected and maintained for the purpose of creating a record that is available to the general public as described in s.37 of the Freedom of Information and Protection of Privacy Act. Personal information you submit will become part of a public record that is available to the general public unless you request that your personal information remain confidential. For more information, please contact the Ministry of the Environment’s Freedom of Information and Privacy Coordinator at 416-327-1434.

Requests should also be sent to the proponent. If not already provided requests will be shared with the proponent for a response. The proponent’s response to the issues raised will also be considered as part of the decision on a Part II Order request.

Reviewing a Part II Order Request (8.7.3)

When a request is received, Project Evaluators will evaluate each request and develop the most appropriate recommendation based on the information available, technical review, government and ministry mandate and current legislative requirements. Project Evaluators will focus their attention on the specific issue raised in the Part II Order request as long as the class environmental assessment documentation (for example, environmental report) can demonstrate that the requirements of the particular class environmental assessment have been fulfilled. The Project Evaluator may comment on matters and raise concerns that go beyond the issues raised in the Part II Order request as the ministry must determine that the requirements of the Environmental Assessment Act have been met.

A class environmental assessment defines the timelines for Part II Order requests. For example, for the Municipal Class Environmental Assessment process, a written request must be submitted to the Minister or delegate within the review period after the Notice of Completion has been issued.

It is the proponent’s responsibility to provide the public with proper notification of their legal right of review under the class environmental assessment.

Once the Branch receives the request, the Project Evaluator will advise the proponent of the receipt of the request. Where appropriate, proponents are encouraged to carry out further discussions with the requesters to attempt to resolve any outstanding concerns and inform the ministry about the status of these discussions. The proponent has the option of making a submission addressing the issues to the Branch. The ministry may consult with other government agencies, Aboriginal communities or other interested persons before a decision is made. The proponent also has the option of advising the Director in writing if they are prepared to carry out an environmental assessment. This should be done within one week of being advised that there has been a Part II Order request. The Director would then advise the requester that the environmental assessment will be required. This would then negate the need for further review of the request.

Once all information is received, the Project Evaluator will review the information and prepare a report for the Minister or delegate’s consideration within the time frame set out under each class environmental assessment. Where there is potential for significant environmental effects a longer review time may be necessary.

The Project Evaluator will focus on the issues associated with the request, the review of the documentation, and the proponent’s response and will prepare a recommendation for the Minister or delegate. The level of review of the requests will be appropriate to the nature of the issues and the underlying principle of environmental protection will be maintained.

In order to meet the review time frame, the Project Evaluator will place stringent timelines on the proponent and/or government agencies who are responding to ministry questions about issues raised in requests. Once the ministry has advised a proponent of the receipt of a request, the proponent will need to respond to the issues raised and provide a written record of their responses to the Branch within two weeks.

Where significant environmental issues are raised and responses are insufficient, where project documentation is significantly deficient, or consultation has been inadequate, the Project Evaluator may consider that the class environmental assessment process is not complete. In this case, the proponent may be required to carry out additional studies, consultation and/or revisions to the documentation and to re-issue the Notice of Completion. This may be done voluntarily by the proponent or may be through a decision on the Part II Order requests.

The timelines for government agency review follow a reverse onus model whereby agencies (for example, Ministry of Natural Resources, Fisheries and Oceans Canada, Conservation Authorities) will be asked to provide timely comments to the Project Evaluator (typically within two weeks). Depending upon the significance of the issues, the Project Evaluator will assume that if no comments are received that the agency has no concerns with the project that should be managed through the class environmental assessment process.

To avoid the consequences of the issues described above, proponents can proactively manage the outcomes of the class environmental assessment by appropriate consultation with the ministry and other agencies at key decision points in the process or by extending the Notice of Completion review period where it is anticipated that requesters may have significant concerns.

Considerations Affecting a Part II Order Decision (8.7.4)

The basis for the Part II Order is defined under subsection 16(4) of the Environmental Assessment Act:

• "The Minister shall consider the following matters when making an order under this section:
  1. The purpose of the Act.
  2. The factors suggesting that the proposed undertaking differs from other undertakings in the class to which the class environmental assessment applies.
  3. The significance of the factors and of the differences mentioned in paragraph 2.
  4. Any reasons given by a person who requests the order.
  5. The mediators’ report, if any, following a referral under subsection (6).
  6. Such other matters as may be prescribed.
  7. Such other matters as the Minister considers appropriate."

Other matters as the Minister may consider appropriate could include but are not limited to:

• Extent and nature of public concern;
• Potential for significant adverse environmental effects;
• Consideration of alternatives by the proponent;
• Considerations of urgency;
• Participation of the requester in the planning process;
• Nature of request and whether the matter has been considered already by another appropriate adjudicative body, for example, Ontario Municipal Board;
• Implications for matters of significant provincial interest;
• Degree to which public consultation and dispute resolution have taken place;
• Ministry’s Statement of Environmental Values.

Following the receipt of the Branch’s recommendation, the Minister or delegate will decide whether to refer the matter to mediation under the provisions of subsection 16 (6) of the Environmental Assessment Act. For more information about mediation, please refer to the ministry’s Code of Practice entitled, Using Mediation in Ontario’s Environmental Assessment Process. If mediation is not carried out or is unsuccessful, the Minister or delegate will make one of the following decisions:

• Deny the request for an order and inform the proponent and requester of the decision and rationale;
• Deny the request for an order but impose conditions; or
• Require the proponent to comply with Part II of the Environmental Assessment Act.

Once a decision has been made the proponent may in the case of a Part II Order denial, proceed with the implementation of the project subject to any conditions imposed, or where a Part II Order has been granted, may begin to prepare a terms of reference for an environmental assessment. If a Part II Order is made for its project, a proponent does not need to proceed with the project. It just means that if the proponent wishes to receive approval for the project under the Environmental Assessment Act, it must do so in accordance with the Part II of the Environmental Assessment Act.

This Code of Practice is intended to provide proponents and other interested persons with an understanding of how to prepare, review and use a class environmental assessment. Specific questions about a class environmental assessment should be referred to the Project Officer assigned to the proposed class environmental assessment.

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

• Tel: 416-314-8001
• Toll-free: 1-800-461-6290
• Fax: 416-314-8452

E-mail: EAASIBGen@ontario.ca
Website: Ontario Environmental Assessments

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

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

Appendix A - List of Provincial Class Environmental Assessments

The following lists current class environmental assessments in Ontario, at the time of printing of this Code of Practice. For an updated list of environmental assessments, please refer to the ministry’s website.

Appendix B - Government Agencies and Their Areas of Interest

This information is a subset of the Government Review Team list that is provided to applicants/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.

Note: Municipalities and Aboriginal peoples, while not formally on the Government Review Team, are consulted about a class environmental assessment project 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 Terms of Reference Template (1)

Download the Notice of Commencement of Terms of Reference Template

Notice of Submission of Terms of Reference Template (2)

Download the Notice of Submission of Terms of Reference Template

Notice of Commencement of Class Environmental Assessment Template (3)

Download the Notice of Commencement of Class Environmental Assessment Template

Notice of Submission of Class Environmental Assessment Template (4)

Download the Notice of Submission of Class Environmental Assessment Template

Environmental Assessment Summary Form (5)

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

Appendix D - Environmental Assessment Process Timelines

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 class environmental assessment (Class EA) preparation.
5. Proponent submits Class EA to the ministry.
6. Government and public review the Class EA. The Director may issue a Deficiency Statement. If the deficiencies are not remedied, the Minister may reject the Class EA.
7. The ministry issues a Notice of Completion of Ministry Review of Class 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 Class 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 Class 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 E - 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 locations and contact information for each region and associated district/area office, please refer to the Ministry of the Environment and Climate Change regional and district offices webpage.