Part A Preparing the Terms of Reference and Class Environmental Assessment

Introduction (1.0)

Environmental assessment is a planning and decision-making process used to promote environmentally responsible decision-making. In Ontario, this process is defined and finds its authority in the Environmental Assessment Act. The purpose of the Environmental Assessment Act is to provide for the protection, conservation and wise management of Ontario’s environment. To achieve this purpose, the Environmental Assessment Act promotes responsible environmental decision-making and ensures that interested persons have an opportunity to comment on undertakings that may affect them. In the Environmental Assessment Act, environment is broadly defined to include the natural, social, economic, cultural and built environments.

It should be noted 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.

Subsection 13(1) of the Environmental Assessment Act allows a person to apply to the Minister of the Environment(Minister) to approve a class environmental assessment with respect to a class of undertakings. The application consists of a proposed terms of reference and subsequently a class environmental assessment.

While the content of an environmental assessment focuses on the potential environmental effects of a particular undertaking and the documentation of the planning and decision-making process for the undertaking, the class environmental assessment seeks approval for an appropriate planning process for a class of undertakings.

Projects that form part of the class of undertakings (class environmental assessment projects) can proceed without seeking further approval if they have been planned in accordance with the planning process outlined in the approved class environmental assessment. The Environmental Assessment Act allows an interested person to ask the Minister to make a Part II Order (the proponent of the project must prepare and submit an environmental assessment for approval) if there are concerns with the project or if there is the potential for significant environmental effects.

There are a number of key things to differentiate a class environmental assessment from an environmental assessment. When a class environmental assessment is approved by the Minister and Cabinet, the approval is for both the class of undertakings defined in the class environmental assessment and the planning process set out in the document. An environmental assessment approval is for a single undertaking and is subject to conditions of approval related only to that undertaking.

The inclusion of a planning process in the class environmental assessment is important. It ensures that when a class environmental assessment is approved by the Minister and Cabinet, projects falling within the class of undertakings will be planned in accordance with the approved planning process and other procedures set out in the class environmental assessment.

Purpose of This Code of Practice (1.1)

This Code of Practice is intended to provide direction on procedural requirements to applicants preparing and revising class environmental assessments and proponents of class environmental assessment projects. It is also intended to clarify and make more consistent class environmental assessment requirements. This Code also provides stakeholders with a reference document that can be consulted for an understanding of expectations associated with the application of the class environmental assessment process to a given project.

While it is appropriate for each class environmental assessment to be unique to the group of undertakings it is addressing, there are some standard components that should consistently be addressed in order to help ensure that the purpose and principles of the Environmental Assessment Act are being met both during the development of the class environmental assessment planning documents and in their application in a project-specific context.

This Code of Practice has been divided into three parts:

• Part A provides direction on the preparation and review of a new terms of reference and a new class environmental assessment;
• Part B provides guidance about how existing approved class environmental assessments can reflect, to the extent possible the requirements outlined in Part A; and
• Part C provides guidance on how to use a class environmental assessment and about how government agencies, interested persons and Aboriginal communities can effectively participate in the development of projects planned under an approved class environmental assessment. This guidance is intended to support the processes in the approved class environmental assessments.

This Code of Practice provides additional direction in support of the process outlined within an approved class environmental assessment. This Code complements all of the approved class environmental assessments.

While this Code of Practice is intended to provide general guidance and ministry expectations, each approved class environmental assessment should be consulted for detailed requirements on its planning process.

Requirements set out in Part A of this Code of Practice will not apply to currently approved class environmental assessments until their next review is complete or their approval has been renewed. After this Code of Practice is approved by the Minister, new class environmental assessments will be assessed on how well they reflect the class environmental assessment expectations set out in the Code of Practice.

What Is a Class Environmental Assessment? (1.2)

All projects carried out by a provincial ministry, municipality or designated public body are subject to the requirements of the Environmental Assessment Act, unless explicitly exempt. The Environmental Assessment Act can also be made to apply to private sector proponents through a designation regulation. An environmental assessment must then be prepared for their projects. These projects can include a variety of activities required to fulfil public legislative mandates, such as:

• The management and operation of provincial parks and conservation reserves;
• The management and operation of provincial transportation facilities including provincial highways, freeways, provincial transitways and ferryboats;
• The construction of new provincial commuter rail stations, bus terminals or storage yards;
• Remedial flood and erosion control activities by conservation authorities;
• The management of Ontario government’s buildings and land;
• The planning and design of municipal infrastructure for roads, transit, water and wastewater facilities;
• Forest management planning.

Because these activities occur on a frequent basis, are generally small in scale, and the anticipated impacts are generally predictable or well understood, proponents may complete a streamlined self-assessment process in order to fulfil the requirements of the Environmental Assessment Act without submitting an environmental assessment to the ministry for a decision on each project. This allows for a planning process that is appropriate for the project which can be completed in a timelier manner.

The class environmental assessment process allows an applicant to assess certain groups or classes of projects. A planning document, called a class environmental assessment is prepared and approved, following the same process for an "individual" environmental assessment. Once it is approved, it provides an environmental assessment planning framework which can be used by a proponent for a specific project that falls within the approved class of undertakings.

Class environmental assessments are an important part of the environmental assessment program in Ontario. Currently, there are 11 approved class environmental assessments in Ontario (see Appendix A for list of currently approved class environmental assessments). Approximately 90 per cent of all projects carried out by a public body are planned and implemented under an approved class environmental assessment planning process.

What Is a Class Environmental Assessment Project? (1.3)

A class environmental assessment project is a project that is planned and developed in accordance with an approved class environmental assessment. A class environmental assessment project does not require any further approval under the Environmental Assessment Act if the planning process set out in the class environmental assessment is followed, unless the Minister or delegate orders the class environmental assessment project to be bumped up to an environmental assessment (generally referred to as a "Part II Order"). Examples of class environmental assessment projects include:

• Canoe route development on a particular river;
• Reconstruction of a county road;
• New commuter rail station;
• Expansion of an existing sewage treatment plant;
• Construction of a transformer station;
• Disposition of a Crown resource to permit construction of an access road on Crown land;
• New interchange on an existing highway;
• Sale or lease of government-owned land;
• Stream channel realignment to prevent flooding.

Once the class environmental assessment planning document is approved, it provides an environmental assessment planning framework that can be used by a proponent. Proponents do not need to receive project-specific approval from the Minister for projects included in the class environmental assessment, provided they follow and successfully complete the approved planning and assessment process defined in the class environmental assessment.

Private Sector Activities and Class Environmental Assessments (1.4)

Section 39 of the Environmental Assessment Act identifies that the Lieutenant Governor in Council can make a regulation designating major commercial or business enterprises or activities, plans or proposals subject to the requirements of the Environmental Assessment Act.Generally speaking designation regulations are made to ensure that both the public and private sectors are treated equally under the Environmental Assessment Act for activities that are thought to have the potential to cause significant environmental effects. This applies to activities and to classes of activities. Examples of regulations that have captured classes of activities routinely carried out by the private sector include:

• Transit Projects Regulation
  Ontario Regulation 231/08
• Waste Management Projects Regulation
  Ontario Regulation 101/07
• Electricity Projects Regulation
  Ontario Regulation 116/01
• Private Sector Developers
  Ontario Regulation 345/93

Ontario Regulations 231/08, 101/07 and 116/01 allow proponents to follow a streamlined self-assessment process for most transit, waste management and electricity projects. It includes a planning and assessment process, similar to a class environmental assessment planning process for groups of activities that have the potential for environmental effects that can be managed through routine mitigation and impact management measures. A waste management, electricity or transit project is exempt from Environmental Assessment Act requirements provided it follows the prescribed planning process.

Ontario Regulation 345/93 designates private sector developers of land who construct certain road, water and wastewater projects that are provided to residents of a municipality and requires them to follow a Schedule C planning process outlined under the Municipal Class Environmental Assessment.

This Code of Practice does not contemplate these regulations.

Benefits of a Class Environmental Assessment (1.5)

The benefits of a class environmental assessment are:

• It is a self-assessment process that allows proponents the flexibility to plan and implement a range of projects without receiving environmental assessment approval by the Minister under the Environmental Assessment Act for each project.
• It provides clear and consistent direction on how to complete and document the assessment process for a range of projects.
• It provides clear and consistent direction on how to engage and consult on a range of projects.
• It provides certainty for both proponents, affected stakeholders, and the public with respect to the consultation process and how to participate in the process.
• It provides flexibility to proponents to adapt the process to the level of interest and complexity of the project.
• That it significantly reduces the administrative timelines for the review and approval of projects carried out on a frequent basis.

While the direct involvement of interested persons is integral, the class environmental assessment process is not a consensus building exercise. Participants in the process do have the opportunity to contribute to the preparation of a class environmental assessment and the decision-making process by providing input and information, and by raising issues and concerns with respect to any aspect of the process or the classenvironmental assessment and for projects planned in accordance with an approved class environmental assessment.

Overview of the Class Environmental Assessment Process (1.6)

An approved class environmental assessment describes the planning and assessment process that a proponent must follow for a class of undertakings. There are specific elements that must be included in an approved class environmental assessment document as defined in subsection 14(2) of the Environmental Assessment Act.

Once the class environmental assessment is approved under the Environmental Assessment Act, all undertakings included in the class can proceed without seeking further environmental assessment approval on condition that they are planned and evaluated in accordance with the approved process provided for in the class environmental assessment.

Typically, class environmental assessments will set out a process that provides for the characterization of the problem or opportunity, the consideration of alternative solutions and designs, the preparation of environmental assessment documentation, and implementation.Integral to the process is notification/consultation with interested persons, government agencies and Aboriginal communities.

Different groupings of projects covered by a class environmental assessment may not include all process steps or any steps at all if the project category has been determined to have insignificant effects such as physical control of nuisance animals; or normal or emergency operational activities.

Who Should Use This Code of Practice (2.0)

This Code of Practice has been developed for use by:

• Applicants who are responsible for preparing a new class environmental assessment;
• Proponents who plan and develop projects in accordance with an approved class environmental assessment;
• Government Review Team members who participate in the preparation and review of a new class environmental assessment or the review of class environmental assessment projects;
• Aboriginal peoples and communities who participate in the preparation of a new class environmental assessment or review of a class environmental assessment project;
• Interested persons who may wish to participate in the preparation and review process for a class environmental assessment or a class environmental assessment project by providing comments;
• Ministry of the Environment staff who review new class environmental assessment applications, class environmental assessment projects and/or Part II Order requests.

This section outlines the roles and responsibilities of the various participants involved in the preparation of the class environmental assessment and the application of the class environmental assessment to projects.

It is important to note that the information outlined herein is not meant to be exhaustive and that other participants, roles and/or responsibilities may apply depending on the nature and complexity of a proposed project.

Applicants and Proponents (2.1)

Applicants are those who apply for approval of a class environmental assessment. Proponents are those who plan and develop projects in accordance with an approved class environmental assessment.

Applicants who initiate the preparation of class environmental assessments as provided for under Part II.1 of the Environmental Assessment Actare responsible for the preparation and submission of a terms of reference and class environmental assessment to the ministry for approval.

Specific roles and responsibilities are described below.

In preparing the terms of reference and class environmental assessment, applicants are required to:

• Consult with Environmental Approvals Branch staff to discuss preparation, consultation and submission requirements;
• Identify government ministries and agencies, municipalities, Aboriginal peoples and communities, members of the public and other persons who may have an interest in the terms of reference and the class environmental assessment;
• Engage in meaningful consultation with all interested persons, government agencies and Aboriginal communities to identify and respond to needs and concerns associated with the terms of reference and the class environmental assessment;
• Ensure that issues and concerns are identified and considered early in the planning process before irreversible decisions are made;
• Document the results of the consultation process;
• Prepare a terms of reference and class environmental assessment in consultation with the ministry, other government ministries and agencies, municipalities, Aboriginal peoples and communities, the public and all other interested persons;
• Attempt to resolve issues as best as practicable;
• Prepare and submit a terms of reference and class environmental assessment in accordance with applicable ministry legislation and standards (for example, Environmental Assessment Act and its regulations, applicable Codes of Practice).

In using the approved class environmental assessment for a particular project, a proponent is required to:

• Adhere to the approved process defined in the class environmental assessment when planning and developing projects under that process;
• Apply good environmental assessment and project management principles when carrying out the class environmental assessment process (see Section 3);
• Conduct meaningful public, Aboriginal communities, and government agency consultation during the development of a class environmental assessment project as required, including providing appropriate notice;
• Prepare documentation consistent with the specified requirements of the approved class environmental assessment and make this information available for public, Aboriginal communities, and government agency review;
• Seek to resolve issues raised by the public, government agencies or Aboriginal communities.

Government Review Team (2.2)

Members of the Government Review Team include select provincial government agencies, municipal agencies and federal departments. Government Review Team members should assist applicants and proponents by identifying issues and reviewing information associated with their mandates.

During the preparation of a terms of reference and the class environmental assessment, members of the Government Review Team are responsible for:

• Providing information and guidance in a timely manner within their mandated areas of responsibility that the applicant should consider when preparing the terms of reference and class environmental assessment (for example legislative requirements, policies, standards, potential environmental criteria);
• Participating in the government review of both a draft and final proposed terms of reference and class environmental assessment.

When a project is being planned and developed under an approved class environmental assessment, Government Review Team members are responsible for:

• Providing information and guidance to proponents in a timely manner;
• Participating in the project-specific planning and assessment process as requested;
• Participating in the government review of class environmental assessment projects referred to their ministry/agency/department;
• Referring outstanding concerns to proponent as early in the planning process as possible;
• Providing input to the Branch on Part II Order requests in accordance with Branch timelines.

Aboriginal Communities (2.3)

Potentially affected Aboriginal communities are strongly encouraged to participate during the preparation of any new class environmental assessments and the planning of specific class environmental assessment projects.

During the preparation of the terms of reference and the class environmental assessment, potentially affected Aboriginal communities should:

• Identify for the applicant, an appropriate contact to maintain consistency throughout the planning process in a timely manner;
• Identify any issues and concerns that may affect their community while the terms of reference and the class environmental assessment are being prepared;
• If applicable, outline their claims with clarity, focusing on the scope and nature of the Aboriginal rights asserted and on the nature of the infringements;
• Suggest modifications to the terms of reference and class environmental assessment that may address their concerns;
• Respond to the government’s attempt to meet their concerns and suggestions, and to try to reach some mutually satisfactory solution during the ministry’s review of the terms of reference or the class environmental assessment;
• Be mindful of the prescribed deadlines once the proposed terms of reference or class environmental assessment is submitted to the ministry for review and a decision.

When a project is being planned and developed under an approved class environmental assessment, Aboriginal peoples and communities potentially affected by the proposed project should:

• Identify for the proponent, an appropriate community contact to maintain consistency throughout the planning process;
• Identify potential interests in the particular project in a timely manner;
• Engage in the project-specific planning process and suggest modifications to the proposed project that may address their issues or concerns;
• Work with the proponent to try to resolve all concerns, including using mediation or negotiation methods as necessary;
• Consider submitting a Part II Order request if, after all efforts during consultation, negotiation, or mediation have been exhausted, an outstanding issue with the project cannot be resolved in accordance with the requirements of the class environmental assessment.

Some class environmental assessment projects may have the potential to infringe upon existing and asserted Aboriginal or treaty rights and thereby trigger the Crown’s duty to consult under section 35 of the federal Constitution Act, 1982. In such situations, the Crown must determine the level and extent of consultation required and how the consultation should be carried out. The Crown should assess:

• How the class environmental assessment project may affect the existing asserted rights of Aboriginal peoples and communities;
• The nature and strength of these rights;
• How concerns may be addressed and accommodated.

This assessment may involve consulting with the affected Aboriginal community and the proponent.

For their part, Aboriginal communities should:

• Outline with clarity the source, scope and nature of the existing or asserted rights and the nature of the alleged infringement;
• Suggest modifications to the project to address their concerns;
• Respond to the government’s attempt to meet their concerns and suggestions, and to try to reach some mutually satisfactory solution.

Interested Persons (2.4)

Interested persons are encouraged to participate in the preparation and review of the terms of reference, the class environmental assessment and class environmental assessment projects.

During the preparation of a terms of reference and a class environmental assessment, interested persons are responsible for:

• Suggesting modifications to the terms of reference and class environmental assessment that may address concerns, for example, a different category for a particular activity or project, or the proposed planning process;
• Providing comments within required timelines once the proposed terms of reference and class environmental assessment are submitted to the ministry for a decision.

When a project is being planned and developed under a class environmental assessment, interested persons are responsible for:

• Identifying environmental issues related to the class environmental assessment project to the proponent as soon as possible in the planning process;
• Participating in discussions with the proponent to address concerns. If during the evaluation of a class environmental assessment project, interested persons have not participated and later request a Part II Order, the lack of participation in the process will be considered by the Minister or delegate when making a decision on whether or not to grant the request;
• Focusing on matters relating to the class environmental assessment process and the proposed project: for example, potential effects of the project, appropriate notification, the nature of the public consultation process, mitigation measures and design features;
• Suggesting modifications to the specific project or environmental assessment documentation that may address concerns, for example, changing the orientation of the project on the site, screening to minimize visual impact, or changing the location of site access.

Ministry of the Environment Staff (2.5)

Staff from a number of sections of the ministry are involved in various ways at various stages of the class environmental assessment process.

Staff from the Environmental Approvals Branch provide guidance to the applicant in the preparation of a terms of reference and a class environmental assessment and coordinate the review of these documents once they are submitted to the ministry for review and a decision. Branch staff also review and make recommendations about Part II Order requests when they are submitted to the ministry.

Specific responsibilities for Branch staff in the development of a terms of reference and class environmental assessment include:

• Providing guidance about the requirements of the Environmental Assessment Act and other ministry environmental legislation, regulations or procedures;
• Evaluating the draft and final terms of reference and class environmental assessment to ensure that all legislative requirements are met and procedures established by the ministry are followed;
• Coordinating the ministry’s technical review of the draft and final terms of reference and class environmental assessment;
• Facilitating coordination with other environmental review processes such as the federal environmental assessment process to minimize unnecessary duplication of effort;
• Leading the overall government review of the proposed terms of reference and class environmental assessment when they are submitted to the ministry for review and a decision;
• Maintaining the public record file for the application;
• Encouraging all participants to resolve outstanding issues as necessary;
• Evaluating the final terms of reference and class environmental assessment and providing a recommendation to the Minister to enable the Minister to make an informed decision;
• Ensuring that the applicant is in compliance with conditions of approval if the class environmental assessment is approved.

Requests for Part II Orders are made to the Minister. Staff at the Branch process the requests and make recommendations to the Minister or delegate about whether to make a Part II Order.

Specifically, Branch staff are responsible for:

• Providing guidance on the Part II Order process to all participants;
• Determining whether a Part II Order request is premature;
• Reviewing the Part II Order request against criteria in the applicable class environmental assessment and other criteria established by the ministry;
• Making a recommendation to the Minister or delegate about whether or not to make a Part II Order;
• Maintaining a public record file for the Part II Order request.

Ministry regional Environmental Assessment Coordinators take a leading role for class environmental assessment projects. They are the first point of contact for the proponent, providing guidance on the class environmental assessment planning process as outlined in approved class environmental assessments. They may also provide technical comments on a proposed class environmental assessment project.

Regional Environmental Assessment Coordinators are responsible for:

• Reviewing the draft and final terms of reference and class environmental assessment if required;
• Being the first point of contact at the ministry for general class environmental assessment questions;
• Providing guidance to proponents, the public and government agencies and other participants on the class environmental assessment process for specific projects;
• Coordinating ministry technical comments from regional and district staff on class environmental assessment projects as part of the proponent’s consultation with government agencies;
• Providing guidance to the proponent about consulting with other government agencies if, during the region’s review of the class environmental assessment project documentation, it is apparent that another government agency should be consulted on a particular matter;
• Coordinating regional and district technical comments for Part II Order requests if required by the Branch;
• Providing local knowledge about class environmental assessment projects.

Considerations for Good Environmental Planning (3.0)

Environmental Assessment Principles (3.1)

There are a number of environmental assessment principles that are key to successful planning and approval under the Environmental Assessment Act. These principles form the foundation for the overall guidance of an environmental assessment process and provide direction when challenges present themselves. The applicant and proponent should incorporate these principles into its environmental planning process to increase the likelihood that the requirements of the Environmental Assessment Act will be met. The class environmental assessment will be evaluated against these principles, amongst other things. The principles include:

• Consult with potentially affected and other interested persons;
• Consider a reasonable range of alternatives;
• Consider all aspects of the environment;
• Systematically evaluate net environmental effects;
• Provide clear, complete documentation.

Consult with Potentially Affected and Other Interested Persons (3.1.1)

Make the planning process a cooperative venture with potentially affected and other interested persons. Early consultation with interested persons is essential.

Consultation with interested persons is a cornerstone of the class environmental assessment process and is a legal requirement of theEnvironmental Assessment Act. The applicant and proponent should seek to involve all interested persons as early as possible in the planning process so that their concerns can be identified and considered before irreversible decisions and commitments are made on the chosen approach or specific proposals. Applicants and proponents should present sufficient and varied opportunities for consultation and interested persons should take advantage of the opportunities and become involved in the planning process. The results of the consultation must be documented at the end of the planning process. Consultation, when done well, can improve the outcome of the planning process. To achieve this, the planning process must be constructed, in part, around the involvement and contribution of potentially affected and other interested persons. The benefits of doing this include:

• Improving the understanding of environmental concerns before irreversible decisions are made and focusing the proponent’s planning on matters of concern;
• Encouraging the identification and consideration of issues before the class environmental assessment or project documentation is made available for review to reduce the time required during the formal decision-making process to resolve outstanding issues;
• Promoting mutually acceptable, environmentally sound solutions.

Consider a Reasonable Range of Alternatives (3.1.2)

A reasonable range of alternatives must be considered.

During the class environmental assessment process, applicants and proponents should consider a reasonable range of alternatives. This should include examining "alternatives to" which are functionally different ways of approaching and dealing with the defined problem or opportunity, and "alternative methods" of carrying out the proposed project which are different ways of doing the same activity. Depending on the problem or opportunity identified, there may be a limited number of appropriate alternatives to consider. If that is the case then there should be clear rationale for limiting the examination of alternatives. The "do nothing" alternative must also be considered.

Consider All Aspects of the Environment (3.1.3)

Identify and consider the potential effects of each alternative on all aspects of the environment.

The Environmental Assessment Act broadly defines environment to include the natural, social, economic, cultural and built environments. During the preparation of the class environmental assessment project, the proponent must consider not only the potential environmental effects on the natural environment, but also the social, economic, cultural and built environments and how they interrelate for every alternative being considered. Consideration should also be given to how the project and its alternatives may interrelate with components of the environment, including with potentially changing climatic conditions over time.

The level of detail required will vary depending on the significance of the potential environmental effect and the stage in the class environmental assessment process; that is, more detail will be needed once a preferred alternative has been selected.

Systematically Evaluate Net Environmental Effects (3.1.4)

Effectively evaluate alternatives in light of their advantages and disadvantages developed through a net effects analysis.

Environmental assessment typically includes the evaluation of the alternatives given the advantages and disadvantages of each alternative. During the class environmental assessment process, there are distinct points where alternatives are evaluated and the net environmental effects associated with any alternative; that is, the potential environmental effects after impact management measures have been applied, are clearly identified.

Decision-making should be phased, narrowing progressively to a preferred alternative. This results in a process where alternatives will be eliminated from consideration at different points in the planning process. Decisions on what type or combination of alternatives are preferred are generally made earlier in the planning process and more detailed decisions on how to implement the preferred alternative made later.

It must be recognized that the project planning and decision-making process is dynamic. When preparing a class environmental assessment project, the proponent must be sensitive to changing conditions and new information and must provide flexibility to deal with changing circumstances. This approach, if carried out effectively, will result in the identification of a preferred alternative which has a rational justification for environmental approval.

Provide Clear, Complete Documentation (3.1.5)

The applicant and proponent must ensure that the class environmental assessment represents accurately the planning and decision-making process that was followed in a clear and understandable way and must communicate that clearly in the class environmental assessment document.

The class environmental assessment document, which is submitted to the ministry for approval, and the class environmental assessment project documentation made available for review by interested persons should explain clearly the environmental planning and decision-making process followed to reach the conclusions. Any interested person reading the class environmental assessment document or the documentation associated with a particular class environmental project should be able to easily follow the process used by the applicant in determining the undertaking including the rationale for making certain choices. Clarity, simplicity, completeness and precision are objectives for which to strive when preparing the documentation.

Information about how these features can be incorporated in the class environmental assessment planning process and the preparation of the class environmental assessment document is provided in Section 4 in this Code of Practice.

Project Management Principles (3.2)

In addition to the environmental assessment principles outlined above, there are a number of project management principles that can, when followed, assist a proponent in navigating the class environmental assessment process successfully for a specific project. These project management principles, when followed by the proponent should result in better project documentation for review by interested persons and timelier decisions. These project management principles include:

• Timeliness
• Clarity and Consistency
• Openness and Transparency
• Coordination of Approvals
• Best Available Information
• Appropriate Level of Detail
• Minimize Potential Harm and Enhance Benefits to the Environment

Timeliness (3.2.1)

The proponent should commence its class environmental assessment project as early in the planning process as possible. This will allow sufficient time to assess the project implications so that the proposed project can be modified as required. It will also allow for any potential coordination with other approvals where possible.

Timeliness is also important from the perspective of consultation. The proponent should involve interested persons early in the project planning process in order to identify and consider issues or concerns.

Expectations for a timely process also apply to interested persons. Members of the public participating in the class environmental assessment project planning process should make their submissions about proposed projects in a timely manner and by the required deadlines so that there is sufficient time for the proponent to evaluate the submission and incorporate it in its decision-making process.

The ministry should also be timely in its decision-making about Part II Order requests, following required deadlines while taking time to thoroughly evaluate the requests.

Clarity and Consistency (3.2.2)

The class environmental assessment process should be clear and consistent. The Environmental Assessment Act should be applied consistently to similar undertakings and the ministry’s expectations of all participants in the process should be articulated clearly. Proponents and interested persons should be able to expect generally how the class environmental circumstances in a manner that is rational and transparent.

Openness and Transparency (3.2.3)

The class environmental assessment process should be open and transparent. This will enable all interested persons to follow the project through its various stages of project planning and decision-making until the final project details are known. Anyone should be able to trace the results of the class environmental assessment project planning process using the evaluation approaches set out therein.

Means of achieving transparency can include, but are not limited to:

• Using appropriate, well-established and easily understood evaluation methods;
• Making the process clear, rational and logical;
• Sharing complete information with all interested persons to support conclusions and recommendations at each phase in the process;
• Documenting the process in easy to understand language with explanations of the rationale for making certain choices.

Coordination of Approvals (3.2.4)

Often Environmental Assessment Act approval is one of many approvals required by a proponent before its project can be implemented. As early as possible in the planning process, proponents should determine whether approvals under other provincial legislation (for example, Environmental Protection Act, Public Lands Act, Lakes and Rivers Improvement Act, Conservation Authorities Act) or federal legislation (for example, Canadian Environmental Assessment Act, 2012, Fisheries Act, Navigable Waters Protection Act) are required.

Where an environmental assessment is required by another jurisdiction, to the extent possible, these multiple environmental assessment approvals should be coordinated where appropriate. At minimum, the class environmental assessment project documentation should identify the other approvals required and address how they will be coordinated where possible. The ministry recognizes the benefits of coordination, but also understands that there are times when differences in approval requirements may make it impossible to coordinate environmental assessment approvals.

Best Available Information (3.2.5)

The proponent should provide sufficient information about the potential environmental effects (both positive and negative) of a proposed project in order to demonstrate that the proposed project should proceed. Proponents should prepare technical studies using the best available data; carefully select their assessment and evaluation methods to analyze their proposal; and use sound scientific, engineering and planning practices in the preparation of the class environmental assessment project documentation. Consultation with the public may assist the proponent in selecting appropriate analytical tools or information to be included in the planning process.

Proponents should be aware that while available and published data can be used in the earlier steps in the project planning process, it is expected that there will be a transition to original field work, surveys, etc. for analysis and evaluation in the later stages of the planning process. The level of detail will increase as the process proceeds.

Appropriate Level of Detail (3.2.6)

Each class environmental assessment project is unique. As a result, the level of detail of required information will vary by project or stage in the planning process. The appropriate level of detail depends on a number of factors such as the number of approvals required; the nature and complexity of the proposed project; the potential for environmental effects; and the level of public interest. The level of detail presented in class environmental assessment project documentation should be sufficient to fulfil the requirements of the approved class environmental assessment and to assure interested persons that the proposed undertaking is technically feasible and achieves environmental protection.

Minimize Potential Harm and Enhance Benefits to the Environment (3.2.7)

The class environmental assessment planning process consists of a systematic evaluation of the potential environmental effects of alternatives, and weighing the advantages and disadvantages of proceeding with the proposed project. In doing so, the proponent should attempt to prevent, avoid or minimize adverse environmental effects through the application of impact management measures. At the same time, proponents should consider societal benefits of the projects to the environment in their evaluation process.

Proponents should make every effort to avoid or minimize potential adverse environmental effects through the application of impact management measures; however, it may not be possible to manage all of them. There will be times when some individuals may be affected by a project that would benefit society as a whole and this will have to be considered during the project planning process.

Statement of Environmental Values and Ministry Decision-making (3.3)

Under Ontario’s Environmental Bill of Rights, 1993, the public has the right to be informed of environmentally significant decisions the provincial government makes. The Environmental Bill of Rights, 1993 applies to the ministry and requires that the ministry develop a Statement of Environmental Values. The ministry’s Statement of Environmental Values is an important part of the work the ministry does to protect the environment as the Statement sets out important principles to be considered when the ministry makes environmentally significant decisions. The following text appears in the ministry’s Statement of Environmental Values in the Guiding Principles section:

1. The ministry adopts an ecosystem approach to environmental protection and resource management. This approach views the ecosystem as composed of air, land, water and living organisms, including humans, and the interactions among them.
2. The ministry considers the cumulative effects on the environment; the interdependence of air, land, water and living organisms; and the relationships among the environment, the economy and society.
3. The ministry considers the effects of its decisions on current and future generations, consistent with sustainable development principles.
4. The ministry uses a precautionary, science-based approach in its decision-making to protect human health and the environment.
5. The ministry’s environmental protection strategy will place priority on preventing pollution and minimizing the creation of pollutants that can adversely affect the environment.
6. The ministry endeavours to have the perpetrator of pollution pay for the cost of clean-up and rehabilitation consistent with the polluter pays principle.
7. In the event that significant environmental harm is caused, the ministry will work to ensure that the environment is rehabilitated to the extent feasible.
8. Planning and management for environmental protection should strive for continuous improvement and effectiveness through adaptive management.
9. The ministry supports and promotes a range of tools that encourage environmental protection and sustainability (e.g. stewardship, outreach, education).
10. The ministry will encourage increased transparency, timely reporting and enhanced ongoing engagement with the public as part of environmental decision-making.

To see the ministry’s Statement of Environmental Values in its entirety, please refer to: Ontario’s Environmental Registry website.

To support the application of the ministry’s Statement of Environmental Values in its environmental assessment decision-making, below are some best practices for proponents to consider when conducting an environmental assessment and providing submissions to the ministry. The following information is intended to assist proponents in providing information to the ministry that enables the Minister to fully consider the Statement of Environmental Values before a decision is made under the Environmental Assessment Act.

Proponents are encouraged to provide the following information as a separate section in submissions made to the ministry:

• Assess impacts on the environment in the context of an ecosystem approach. This approach views the ecosystem as composed of air, land, water and living organisms, including humans, and the interactions among them.
• Include information about potential cumulative effects of the project in combination with past, present and reasonably foreseeable future activities where possible. Proponents are advised to consult with government agencies to identify any already-approved projects that will be built in the future, and to consider their potential cumulative impacts to the extent possible¹.
• Include information that shows how scientific, social and economic considerations have been taken into account. Proponents are also encouraged to conduct appropriate scoping in time to ensure that all elements of the undertaking’s life cycle (commissioning, operations, decommissioning) are assessed, in order to appropriately protect the environment for current and future generations.
• Use quantitative scientific data to draw conclusions whenever possible. The proponent is expected to articulate the level of uncertainty associated with data and conclusions, along with the risk of serious or irreversible environmental harm associated with the project.
• Provide information about proposed pollution prevention or impact mitigation measures that could be used, in accordance with the focus of the environmental assessment program on wise management of the environment and conservation.
• Include information indicating how any potential unforeseen impacts will be remediated by the proponent.
• Include information confirming that the proponent will bear the costs of remediation of any unforeseen environmental impact.
• Make a commitment to review the assessment on an ongoing basis so that any unforeseen environmental impacts can be addressed using an adaptive management approach.
• Use a range of tools to complete the assessment that represent best practice for assessing the environmental components under consideration.
• Document how they have followed ministry guidance on consultation, such that the process is transparent, timely, accessible and represents enhanced ongoing engagement with the public.

Part A - Preparing the Terms of Reference and Class Environmental Assessment

Document Preparation (4.0)

Preparing a class environmental assessment can be challenging because for the most part, it covers the whole of the province in a wide variety of geographic areas with a broad range of potentially interested persons. Frequently the interest in a class environmental assessment is low since it is not related to a particular project, yet the majority of projects subject to the Environmental Assessment Act go through a class environmental assessment process. Applicants should keep this in mind when preparing a class environmental assessment.

An application for approval of a new class environmental assessment, commonly known as a "parent" document, consists of two parts: the terms of reference and the class environmental assessment. If the terms of reference is approved by the Minister of the Environment, the class environmental assessment must be prepared in accordance with the work plan, consultation plan and the framework of the terms of reference.

The rest of this section describes the terms of reference requirements. Sections 5 and 6 outline the class environmental assessment requirements.

Terms of Reference Process (4.1)

The first step in the preparation of a class environmental assessment is receiving approval from the Minister for a terms of reference submitted under subsection 13.2(1) of the Environmental Assessment Act.

The terms of reference provides a framework for the preparation of the class environmental assessment. It sets out the applicant’s work plan for addressing the legislated requirements of the Environmental Assessment Act for the preparation of and the content of the class environmental assessment.

On average, applicants take from six to nine months to prepare the terms of reference. However, this timeline is dependent on the scale and complexity of the proposed class environmental assessment, the availability of information and the level of public interest. There are no prescribed deadlines for the preparation of the terms of reference, only for the ministry’s review of the application.

Before initiating the development of a class environmental assessment, an applicant should contact the Branch. The purpose of the call is to discuss the initiative and to identify a Branch Project Officer that will be assigned to the file. The Project Officer will provide a one-window ministry contact during the terms of reference development process. The Project Officer will also offer guidance and advice to the applicant and all interested persons about the planning process.

The Project Officer will ask the applicant to develop a program for consulting with interested persons during the preparation of the terms of reference. Applicants should identify key milestones in the development of the terms of reference and consult with interested persons at those times. The applicant will refer to the ministry’s Code of Practice entitled, Consultation in Ontario’s Environmental Assessment Process, for guidance in developing the consultation program. The Project Officer will give the applicant a copy of the Branch’s master Government Review Team list which will help the applicant identify the government agencies and ministries to be consulted who may have a mandated interest in their proposal. Appendix B contains a list of the main agencies that make up the Government Review Team.

As a tool to keep interested persons informed, the applicant is advised to maintain a website with information about their proposal. The website, which is to be kept up-to-date, can be used as a depository for notices (of consultation events, for example) and the terms of reference.

When the applicant submits the terms of reference to the ministry for a decision, it must be accompanied by a description and results of the consultation carried out during the preparation of the terms of reference (subsection 6(3) of the Environmental Assessment Act). The Minister will consider this documentation when making a decision about the terms of reference.

The applicant must prepare a Notice of Commencement of Terms of Reference, an example of which can be found in Appendix C. The Notice will announce the start of the planning process and will provide information to interested persons about what is being proposed and how to become involved. The applicant should discuss with the Project Officer about to whom and how the Notice is to be given. Generally, the Notice should be given in an accessible location, such as a newspaper and on the website that will be maintained. An electronic copy of the Notice is to be sent to the Project Officer.

Consultation with Aboriginal Peoples and Communities (4.1.1)

Consultation by the applicant with interested persons is required under section 13.1 of the Environmental Assessment Act. When preparing the terms of reference, a variety of consultation opportunities should be made available to a wide range of interested persons including Aboriginal communities.

In addition, 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. The steps described below will help to set the framework to ensure that:

• The applicant complies with section 13.1 of the Environmental Assessment Act.
• The Crown’s duty to consult, if it arises, is satisfied with respect to the class of contemplated undertakings.
• The class environmental assessment establishes a process that meets the needs of potentially affected Aboriginal communities.

During the preparation of the terms of reference, applicants are required to prepare a list of Aboriginal communities and/or organizations that may have an interest in the development of the class environmental assessment. This list is to be developed in consultation with the Project Officer and governmental organizations such as the Ministry of Aboriginal Affairs and Aboriginal Affairs and Northern Development Canada. Applicants should consult the environmental assessment page of the ministry’s website² for the list of these governmental organizations. It is the ministry’s intent that the list will serve to identify the appropriate Aboriginal communities and organizations to engage during the preparation of the terms or reference and subsequent class environmental assessment.

Depending on the class of activities to be included in the class environmental assessment, applicants may wish to focus their efforts on engaging only key Aboriginal organizations or consult more broadly with all Aboriginal communities who may have an interest in the class environmental assessment if that is warranted. However, applicants must at a minimum make good faith efforts to engage the Aboriginal communities and organizations that are identified in the list developed in consultation with the Project Officer and government organizations.

Applicants should include a consultation plan with their terms of reference outlining the consultation opportunities and with whom they intend to consult during the preparation of the class environmental assessment. The consultation plan should also include how consultation is to take place with potentially affected Aboriginal communities. Applicants should consider flexibility, additional time needed to review documents and the unique needs of Aboriginal communities when designing a consultation plan including language, remoteness, communication styles/preferences and access to communication tools.

Preparing the Terms of Reference (4.2)

After developing the consultation program and issuing the Notice of Commencement of Terms of Reference, the applicant can start preparing the terms of reference. The applicant should consult with the Project Officer as needed while preparing the terms of reference. It is the applicant’s responsibility to submit a terms of reference that will result in a class environmental assessment about which the Minister can make an informed decision.

Subsection 13.2(2) of the Environmental Assessment Act states that the proposed terms of reference must indicate how the class environmental assessment will be prepared. The ministry suggests that an applicant indicate that the class environmental assessment will be prepared in accordance with subsection 14(2) of the Environmental Assessment Act. Deviation from the subsection 14(2) requirements is allowed but before choosing this option, applicants should discuss the merits of it with the Project Officer.

The subsection 14(2) requirements are discussed in detail in Section 6 of this Code of Practice. In the terms of reference, the applicant should provide some general information about how the class environmental assessment will deal with the subsection 14(2) requirements. Only an overview is required for the terms of reference. The details will be required for the class environmental assessment.

The draft terms of reference must be clearly written. Use of jargon should be limited. The document needs to contain sufficient information to ensure that both the expert and the lay reader can understand what is being proposed.

Draft Terms of Reference (4.3)

There is no legal requirement in the Environmental Assessment Actto prepare and allow for a review of a draft terms of reference, but the ministry strongly suggests that an applicant do so. As the Environmental Assessment Act requires consultation with all interested persons, preparation and review of a draft terms of reference is one method that a proponent can use to fulfil its consultation obligations. The rest of this section applies if the applicant decides to prepare and allow review of a draft terms of reference. If the applicant chooses not to do so, it can proceed to Section 4.4.

If a draft is prepared, the Project Officer will lead the ministry’s review of the draft terms of reference. The applicant will be responsible for consulting the Government Review Team, Aboriginal peoples and communities, local municipalities, the general public and other interested persons.

The applicant is responsible for identifying and resolving (or attempting to resolve) any issues raised before the final terms of reference is submitted. As required, the applicant will revise the draft terms of reference to address any issues that were raised during its review before submitting the final document to the ministry. The consultation summary component of the final document will reflect the results of the review of the draft terms of reference.

Review of Draft Terms of Reference by Ministry Staff

Once a copy of the draft terms of reference is received, the Project Officer will quickly review it to ensure that it is complete and meets the requirements of the Environmental Assessment Act and this Code of Practice before requesting sufficient copies for distribution to the ministry’s technical review team. The Project Officer may suggest changes or request that additional work be done before the draft terms of reference is sent for review by the ministry technical reviewers. The Project Officer will let the applicant know how much time is required for the ministry to conduct its review of the draft terms of reference. Once the ministry technical reviewers complete their review, they will send their comments to the Project Officer who will then pass them on to the applicant.

Non-ministry Review of Draft Terms of Reference

The applicant is responsible for consulting non-ministry persons about the draft terms of reference. This includes the Government Review Team, Aboriginal communities, local municipalities, the general public and other interested persons.

Government reviewers are not obligated to review a terms of reference and will not necessarily respond to an unexpected request to review it by a particular deadline. Applicants should contact (phone, e-mail) each prospective reviewer to discuss the conditions under which a review can be conducted before sending them the draft terms of reference for review. The applicant should discuss with the reviewer the reasons for requesting a review, what information is needed to do a review, and the amount of time that will be needed for the review. As required, a copy of the draft terms of reference and any other relevant materials should be sent to each interested member of the Government Review Team for their review.

The applicant will send the draft terms of reference and any other relevant materials to any interested Aboriginal community for its information and comment. Contact should be made with each interested community before the draft document is sent. A process similar to that used for the Government Review Team should be followed, unless discussions with a particular community have determined otherwise.

The applicant will also make sufficient copies of the draft terms of reference available in publicly accessible locations to allow municipalities, the general public, Aboriginal communities and other interested persons the opportunity to comment on the document which will then provide the applicant with an early opportunity to respond to any concerns. A copy of the draft terms of reference and accompanying materials is also to be placed on the project website maintained by the applicant.

It is important that notice of the availability of the draft terms of reference for review be given in an accessible forum (for example, newspaper notice, website, direct mail). A minimum of 30 days should be provided for inspection of the draft document.

All comments about the draft terms of reference are to be sent directly to the applicant with a copy sent to the Project Officer for information only. Comments sent only to the Project Officer or anyone else in the ministry will be forwarded to the applicant for its consideration.

Submission and Evaluation of the Terms of Reference (4.4)

The steps for submission and evaluation of a terms of reference for a class environmental assessment are similar to those for a terms of reference for an "individual" environmental assessment.

Sections 5, 6 and 7 of the ministry’s Code of Practice entitled, Preparing and Reviewing Terms of Reference for Environmental Assessments in Ontario should be consulted for detailed guidance about this portion of the process.

Exceptions to this are noted below:

• Notice of Commencement of Terms of Reference
  • use template in Appendix C of this Code of Practice
• Notice of Submission of Terms of Reference
  • use template in Appendix C of this Code of Practice
  • a location map is not necessary for the Notice of Submission
  • discuss with the Project Officer how and where to give the Notice, especially for proposals with province-wide significance.

Class Environmental Assessment (5.0)

Once the applicant receives approval for the terms of reference, it can begin preparing the class environmental assessment. The class environmental assessment must be prepared in accordance with the approved terms of reference (subsection 14(1) of the Environmental Assessment Act).

Initiating the Process (5.1)

The applicant will prepare a Notice of Commencement to inform interested persons that the applicant is moving on from the terms of reference stage to the preparation of the class environmental assessment. A template for the Notice can be found in Appendix C. The applicant shall make the Notice available in a public forum, such as a newspaper and on a website that is maintained for the proposal. An electronic copy of the Notice should also be sent to the Project Officer at the ministry.

It is the responsibility of the applicant to consult with interested persons during the preparation of the class environmental assessment, consistent with the consultation plan that was included in the approved terms of reference. Modifications to the consultation plan may be possible if the approved terms of reference allows for it, otherwise the consultation plan must be implemented as described. More opportunities for consultation over and above what was outlined in the approved terms of reference can also be provided. This determination can be made as the applicant proceeds with the preparation of the class environmental assessment having regard for the level of interest in the proposal. Please refer to the ministry’s Code of Practice entitled, Consultation in Ontario’s Environmental Assessment Process for further guidance.

The Project Officer will give the applicant an updated Government Review Team list to assist in identifying the proper contacts, or additional contacts to be consulted during the preparation of the class environmental assessment. The applicant is also responsible for documenting the consultation activities and the results of them. This documentation will be appended to the class environmental assessment when it is submitted for a decision.

Consultation with Aboriginal Peoples and Communities (5.1.1)

Consultation with Aboriginal communities and organizations during the preparation of the class environmental assessment should build on the process that was started during the preparation of the terms of reference. This applicant-led consultation is intended to allow the applicant to identify and consider potential concerns and issues that these Aboriginal communities and organizations might have and to provide them with further opportunities to receive information about, and have meaningful input into, the preparation of the class environmental assessment.

The applicant should be prepared to listen with an open mind to what the Aboriginal communities and organizations have to say and to make changes to the process in its proposed class environmental assessment based on information obtained through consultation.

The applicant must ensure that the consultation carried out during the preparation of the class environmental assessment and the results of the consultation are documented and accompany the class environmental assessment when it is submitted to the ministry for a decision. The ministry will make a determination as to what, if any further steps are required with respect to consultation in light of the information.

The Crown may have a duty to consult with and accommodate Aboriginal communities based on the nature of the proposed class environmental assessment. If the duty to consult has been triggered, and the Crown is the applicant of a proposed class environmental assessment, the Crown applicant should lead the consultation efforts. If the applicant of the proposed class environmental assessment is not the Crown, the ministry may discharge the duty to consult. Regardless, all applicants should be prepared to engage Aboriginal communities and organizations early in the preparation of the class environmental assessment in order that their concerns and issues can be considered. This will help set the framework to ensure that the Crown’s duty to consult is satisfied, if it arises, with respect to the approval of the class environmental assessment.

All applicants should understand that:

• The nature, scope, and content of the duty to consult and accommodate varies with the circumstances.
• Meaningful consultation requires the applicants and 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 the class environmental assessment process based on information obtained through consultations.
• Accommodation requires a process of balancing interests.
• Responsiveness is a key element of both consultation and accommodation.

Preparing the Class Environmental Assessment (5.2)

After the Notice of Commencement is issued, the preparation of the class environmental assessment has begun. The applicant will conduct studies and consult interested persons, Aboriginal communities and government agencies as part of the preparation of the class environmental assessment.

The required content of the class environmental assessment is described in detail in Section 6 of this Code of Practice.

The applicant should consult with the Project Officer as needed while drafting the class environmental assessment. However, it is the applicant’s responsibility to submit a class environmental assessment prepared in accordance with the approved terms of reference and with enough detail so that the Minister can make an informed decision about the class environmental assessment application.

As with a draft terms of reference, there is no legal requirement in the Environmental Assessment Act to prepare and allow for a review of a draft class environmental assessment, but the ministry strongly suggests that an applicant do so. If a commitment was made in the approved terms of reference to provide a draft environmental assessment, then the applicant must do so. If a draft class environmental assessment is prepared, the process for reviewing drafts is the same as when a draft terms of reference is prepared. Please refer to Section 4.3 of this Code of Practice for the necessary provisions.

Submission of the Class Environmental Assessment (5.3)

The steps for submission and evaluation of a class environmental assessment are similar to those for an "individual" environmental assessment. Sections 5 and 6 of the ministry’s Code of Practice entitled, Preparing and Reviewing Environmental Assessments in Ontario should be consulted for detailed guidance about this portion of the process.

Once the applicant determines that the class environmental assessment is suitable for submission to the Minister of the Environment, it should discuss submission requirements with the Project Officer.

The applicant must notify the Project Officer before it intends to formally submit its class environmental assessment so that a firm submission date and start of the formal review period can be established.

Steps in the process:

• Three weeks before start of the formal review period – notify Project Officer that a formal submission is coming.
• Two weeks before start of the formal review period - submit Environmental Assessment Summary Form and prepare a Notice of Submission to Project Officer (see Appendix C for example templates). The Summary Form is also found electronically on the environmental assessment page of the ministry’s website³.
• One week before start of the formal review period – submit required number of hard copies of class environmental assessment plus an electronic version on compact disc to Project Officer.

Section 5 of the ministry’s Code of Practice entitled, Preparing and Reviewing Environmental Assessments in Ontario explains what is required for these steps. The exception is that the applicant should use the Notices and Form for class environmental assessments that are found in Appendix C of this Code of Practice. Also, for the Notice of Submission a map is not required.

Evaluation of the Class Environmental Assessment (5.4)

Once submitted, the class environmental assessment will proceed through a public, Aboriginal peoples and communities, and government agency review. Appendix D shows the different steps in the review process.

There are several phases in the evaluation of the class environmental assessment which take place between the submission of the document and the decision about the application. The phases are briefly summarized below. Additional information on these phases is available in Section 6 of the ministry’s Code of Practice entitled, Preparing and Reviewing Environmental Assessments in Ontario.

There are regulated timelines associated with the evaluation of the class environmental assessment. These are outlined in the Deadlines Regulation (Ontario Regulation 616/98). The timelines are not concurrent but for ease of understanding, it is generally accepted that it takes approximately 30 weeks to complete the process provided that the applicant does not require additional time to make major revisions to the class environmental assessment. Additional time (from one to three weeks) is required to translate, publish and distribute the ministry Review.

Regulated timelines provide for the Minister to make a decision on an environmental assessment submission within approximately 30 weeks of the submission to the ministry. The Minister’s decision is subject to approval by the Lieutenant Governor in Council, which is not subject to specific timelines.

Phase 1: Inspection of class environmental assessment (7 weeks)

The regulated timelines provide for an initial seven-week comment period for written submissions to be made to the ministry. Any comments on the class environmental assessment must be provided in writing to the Project Officer named in the Notice of Submission. If they are submitted by the required deadline, they will be considered by the Project Officer in the preparation of the ministry Review for the class environmental assessment. Copies of all comments will be forwarded to the applicant for a response.

Phase 2: Preparation of ministry Review (5 weeks)

The ministry Review is a document that allows for the identification of shortcomings as well as an assessment of whether the requirements of the Environmental Assessment Act have been addressed. The ministry review will also identify whether the class environmental assessment has been prepared in accordance with the approved terms of reference.

Phase 3: Notice of Completion issued and inspection of ministry Review (5 weeks)

Once the ministry Review has been prepared it will be made available for a final review and comment period. The Branch provides public notice requesting comments on the ministry Review, providing the public, Aboriginal peoples and communities, and government agencies with five weeks to respond.

Interested persons may review the ministry Review and provide feedback identifying:

• What issues are outstanding;
• How these issues might be resolved through specific considerations of approval; or
• Whether some or all matters related to the application should be referred to the Environmental Review Tribunal for a hearing.

Phase 4: Final ministry evaluation period (13 weeks)

After the final inspection period, the Minister may decide to refer the class environmental assessment or a particular issue to mediation⁴. If mediation occurs, once it is completed, or if mediation does not occur, the Minister will generally make one of the following decisions about the proposed class environmental assessment:

• Refer the class environmental assessment or specific matters related to the class environmental assessment to the Environmental Review Tribunal for a hearing, or to another tribunal for a decision;
• Approve the proposed class environmental assessment with or without conditions of approval; or
• Refuse to give approval of the class environmental assessment.

If the Minister refers the application to the Environmental Review Tribunal for a hearing, the Tribunal must schedule and provide notification of the hearing. The Tribunal may approve or refuse approval of the undertaking. The Minister, with Cabinet approval, may decide to vary the Tribunal decision or require the Tribunal to carry out a new hearing.

Decision about the Class Environmental Assessment (5.5)

The Minister’s decision about the class environmental assessment must be approved by the Lieutenant Governor in Council. After the final decision about the application has been made, the Minister will notify the applicant 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 website.

If the class environmental assessment is approved, applicants should post a copy of it on the website it has been maintaining throughout the planning process. That site can also be used to provide information to interested persons about any projects that are being planned under the approved class environmental assessment.

If the class environmental assessment is not approved, the applicant can choose to either abandon its proposal, or modify it and start the process over again from the beginning with the preparation of a new terms of reference.

Provisions to Be Included in the Class Environmental Assessment (6.0)

This section sets out the content requirements for a class environmental assessment submitted in support of an application for Environmental Assessment Act approval.

Provisions from Section 14 (6.1)

Subsection 14(2) of the Environmental Assessment Act specifies the content of the proposed class environmental assessment as:

1. A description of the class of undertakings to which it applies.
2. A description of the reasons for using a class environmental assessment with respect to undertakings in the class.
3. A description of the similarities and differences to be expected among the undertakings in the class.
4. A description of the expected range of environmental effects that may result from proceeding with undertakings in the class.
5. A description of measures that could be taken to mitigate adverse environmental effects that may result from proceeding with undertakings in the class.
6. A description of the process to be used by a proponent of a proposed undertaking to consult with the public and with persons who may be affected by the undertaking.
7. A description of the methods to be used to evaluate a proposed undertaking with respect to the matters described in paragraphs 4 to 6.
8. A description of the methods to be used to determine the final design of a proposedundertaking based upon the evaluation described in paragraph 7.
9. Such other information as may be prescribed.

Description of the Class of Undertakings (6.1.1)

The description of the class of undertakings identifies the types of projects for which the class environmental assessment can be used to obtain Environmental Assessment Act approval. In defining what will be covered by the class of undertakings, applicants may also identify what activities will not be covered. The intent of this information will be to provide as much certainty as possible about what is covered by the class environmental assessment. Often, the class of undertakings is divided into groupings of similar projects or activities.

The applicant must provide a detailed description of the activities that constitute the class of undertakings for which they are seeking approval. This description must be clear as only the activities described in this section will be permitted to use the class environmental assessment process if the class environmental assessment is approved.

The applicant may choose to provide the description in two stages, for example, as a general description of the class in the main document and detailed description of the activities in the list of groupings sometimes referred to as schedules or categories in an appendix.

Reasons for Using a Class Environmental Assessment (6.1.2)

In the class environmental assessment, the applicant must also provide a description of the general reasons why the class environmental assessment is needed and why the class of undertakings are appropriately addressed through a class environmental assessment process.

For example, the reasons may note that the class of undertakings has predictable and mitigable environmental effects due to the applicant’s considerable experience with this type of project, the net effects are not of a size or scale warranting an environmental assessment requiring Minister’s approval or that the class of undertakings typically does not give rise to significant public concern or opposition. The reasons given will be considered by the Minister in deciding whether or not to approve the class environmental assessment.

Description of Similarities and Differences to Be Expected among the Undertakings in a Class (6.1.3)

The applicant must provide a detailed description of the similarities and differences between the classes of undertakings in the class environmental assessment for which they are seeking approval. This can be done by identifying a list of activities and identifying a grouping within which each activity would fall. For example, there may be a grouping of projects which are "pre-approved," that is, they need no consultation or documentation, a grouping of projects which require consultation and the preparation of an environmental report and a third grouping of projects that fall in between with a requirement for some consultation and a less- detailed level of documentation. The groupings can be based on expected environmental effects, or may be a function of such things as type of facility or the range of applicable alternatives. Regardless of how groupings are determined, the class environment assessment should provide for flexibility within the process to be responsive to the complexity of a given project.

If the applicant has defined a "pre-approved" category of activities, it will need to demonstrate that the "pre-approved" activities do not have significant environmental effects and identify what mitigation measures, if any, will be used at the construction or implementation stage.

The use of predefined categories is the most common approach taken for existing class environmental assessments. This approach identifies those projects that will receive a common level of assessment. Applicants have found that this approach provides predictability and certainty. If the approach of predefining groupings of projects is used, the rationale for the groupings will need to be included in the class environmental assessment.

Another approach, which was taken by the Ministry of Natural Resources in their Class Environmental Assessment for Resource Stewardship and Facility Development Projects, is to include a screening process to assign projects to categories (or classes) for projects not otherwise "pre- approved." The process of screening assigns undertakings to categories with similar types of environmental effects. Conservation Ontario’s class environmental assessment uses a similar screening process.

There may be many different types of potential projects. The examples provided in the schedules or categories may not be exhaustive.Applicants of the class environmental assessment, particularly where there may be many users of the class environmental assessment may wish to develop criteria for their users or their consultants to assist in determining which schedule a particular class environmental assessment project will fall under if it is not listed in the schedule or category.

Description of Range of Environmental Effects (6.1.4)

A class environmental assessment must describe the environmental effects typically associated with the types of undertakings included in the class environmental assessment. Some classes of projects will potentially affect multiple components of the environment and therefore the existing environment and potential effects may not be easily described, even in general terms.

The Environmental Assessment Act defines "environment" as including natural, social, economic, cultural, built conditions and human-made works, as well as the interrelationship amongst them. Therefore, a broad definition of environment must be considered in describing the range of environmental effects. Consideration should also be given to how the project or it alternatives may interrelate with components of the environment, including with potentially changing climatic conditions over time.

The description of environmental effects in the class environmental assessment will be generic in nature, yet targeted to the nature of the class of undertakings. It should provide guidance to the proponent on what environmental effects they should be thinking about when a specific project is being planned. This description would then be refined and augmented based on site-specific investigations and studies when proponents are assessing a specific class environmental assessment project. Recommendations on the site-specific information to be considered would be beneficial to include in the class environmental assessment.

Description of Impact Management Measures (6.1.5)

The class environmental assessment must identify standard measures typically used to mitigate, manage or compensate for the potential negative environmental effects associated with the types of undertakings included in the class environmental assessment. Enhancement measures should also be identified. The impact management or enhancement measures will be generic in nature, but will provide guidance to the proponent during project planning. It is expected that the measures will be further developed to address the specific requirements of any one project, given the nature of the project and the site conditions.

Process for Consulting with Interested Persons (Including Aboriginal Communities) Affected by the Undertaking (6.1.6)

Effective and meaningful involvement of interested persons, Aboriginal communities and government agencies in the planning and implementation of class environmental assessment projects is imperative. The class environmental assessment process must provide for appropriate consultation with interested persons at clearly defined points in the class environmental assessment process so interested persons can understand the nature of the proposal, issues and can contribute to the decision-making for a class environmental assessment project.

The applicant may assign projects within the class to categories. Others may require a screening process to assign specific projects to categories. Regardless of the approach, the assignment of project categories recognizes that not all projects require the same level of consultation, depending on the potential for environmental effects and the potential for the mitigation of these environmental effects. The consultation requirements will vary between classes of undertakings in terms of type and frequency of consultation.

The class environmental assessment should clearly define the applicant’s requirements for consultation while providing flexibility to adapt to the needs of a given project. The information that should be provided includes:

• The range of interested persons that are likely to be involved in the class environmental assessment of specific projects (people who live in proximity to the proposed project, Aboriginal communities, government agencies, and/or local municipalities).
• The range of consultation tools that will be used and activities that will be carried out during the project planning process.
• Methods of notifying interested persons about a project such as a newspaper advertisement, website, or other appropriate means.
• The role of government agencies.
• Expectations for interested persons participation.
• Alternative dispute resolution provisions.

Meaningful and timely consultation will allow the proponent to identify the issues of importance to interested persons and provide a forum for the resolution of concerns as the project planning process proceeds. This will likely reduce the number of issues that would otherwise need to be resolved at the end of the planning process.

Consultation typically has two components: information out and information in. The purpose of information out is for the proponent to advise interested persons about the proposed project and the process by which it is being assessed. The purpose of information in is for interested persons to advise proponents about comments, issues of concern with the proposed project or planning process.

The information out component may address the following information:

• The purpose of the project.
• Why the project is necessary.
• What past planning or decision-making processes have been carried out and whether these processes committed the proponent to pursue the proposed project.
• What the purpose of the planning process is and what it is intended to accomplish.
• An overview of the class environmental assessment process.
• Overview of when there will be formal consultation opportunities.
• How the proponent proposes to deal with issues or concerns.
• Contact information so interested persons know who to speak to and how to reach them.
• Opportunities for any advisory committees.
• Related approval processes that will need to be addressed and how those processes do or do not tie into the class environmental assessment process.
• Explanation of what a Part II Order is and how and when a request for a Part II Order may be made.

Information in would include:

• Identification of issues and concerns.
• Information about how issues and concerns may be addressed.
• Provision of accurate contact information by interested persons so proponents can have one-on-one discussions to address issues if applicable.

Some form of consultation should take place in each of the decision- making phases. This could be as simple as providing information and opportunity for input for each phase or decision, but need not be done specifically at each phase. For example, for simple projects such as intersection improvements, the alternatives to assessment could be included with the preliminary design phase at a public information centre. Most commonly, class environmental assessment processes will include mandatory consultation when alternative solutions and alternative concepts or designs are being considered. The amount and level of consultation will depend on the nature and complexity of the project.

Consultation with interested persons informs the proponent of the breadth, severity and complexity of issues associated with a project so that reasonable options for addressing them can be explored as early as possible in the planning process.

After the assessment has been completed, documentation, for example, an environmental report, is prepared. There will be a mandatory consultation process associated with the review of this documentation.

Timing considerations are also important. Interested persons need sufficient time to review materials and particularly in the case of community groups, pull together consolidated input. Adequate response time may make the difference between the elevation of an issue or the ability to deal with it in a timely manner. While this needs to be balanced against the timing needs of the proponent, it is important to note, that rarely will a project with public concerns move forward expediently without the concerns being considered and addressed to the extent possible. A minimum of 30 days should be provided for interested persons to provide input whenever a review of documentation is requested. Proponents should take the time to address concerns.

It may be appropriate for further communication with potentially affected persons after the project planning process is complete. This is especially the case where substantial concerns have been raised and are proposed to be addressed through impact management measures. It should be noted that continued communication during the construction phase may only be appropriate in certain circumstances, and should only take place if required. The applicant should describe provisions for this type of communication in the class environmental assessment (for example, under what circumstance would it occur and how).

Notification Process

The class environmental assessment process should provide for at least two mandatory points when the public, Aboriginal peoples and communities, and government agencies are notified of the progress of the development of the class environmental assessment project. This would be the case for class environmental assessment projects which are not in the "pre-approved" category. The first notice is to be given at the beginning of the project planning process when a Notice of Commencement of the class environmental assessment project is issued. The second notification point is after the assessment has been completed when a Notice of Completion is published and the project documentation is available for review.

Other times for points of contact can also be specified in the class environmental assessment, if appropriate. For example, contact could be made during the process of identifying alternative solutions to address the problem or opportunity. Consultation must include information and opportunities for input about each phase or decision point, but need not be done specifically at each phase. Depending on the complexity of the project, some stages could be combined. For example, the public discussion of alternatives could be done in conjunction with preliminary design for a simple project. The class environmental assessment should identify under what circumstances any additional consultation would be carried out.

A Notice of Commencement should include at minimum:

• The name of the proposed class environmental assessment project.
• A brief description of the problem, opportunity or project.
• The geographical location of the study area (with a map that is clear and legible and shows major landmarks and familiar linear facilities such as highways, rail lines, etc.).
• The name of the proponent.
• The name of the approved class environmental assessment under which the project is being planned.
• An invitation to participate in the project planning process.
• The names and addresses of contact people within the proponent’s organization who can provide further details on the project.
• The physical location(s) and website address where individuals will be able to review any project files or documentation.

A Notice of Completion should include at minimum:

• The name of the proposed class environmental assessment project.
• A brief description of the proposed project.
• The geographic location of the project (with a map that is clear and legible and shows major landmarks and familiar linear facilities such as highways and rail lines).
• The name of the proponent of the project.
• The name of the approved class environmental assessment under which the project has been planned.
• A notification that a class environmental assessment documentation has been prepared and that it is available for review by interested persons.
• The names and addresses of contact people within the proponent’s organization that can provide further detail on the project.
• The locations (the proponent’s office, local municipal offices, public libraries, proponent’s website) where the documentation can be reviewed.
• Duration of the review period.
• Notification that, if any individual feels there are outstanding concerns associated with the project, they can formally request that the Minister or delegate to make a Part II Order.
• Notification that any requests should be received on or before the end of the specified review period.
• The address of the Ministry of the Environment where any Part II Order requests should be sent.
• A statement that the proponent can legally proceed with the project under the Environmental Assessment Act if no Part II Order requests are submitted during the review period.
• The date of publication of the Notice.

Examples of the required Notices can be placed in an appendix of the class environmental assessment. Class environmental assessments should also set out that all Notices must be sent to the appropriate regional office of the ministry.

Description of the Class Environmental Assessment Planning Process (6.1.7)

Each class environmental assessment must provide for a planning process for the site-specific consideration of alternatives (if appropriate), environmental effects to the environment, mitigation and other impact management measures, in the planning of a class environmental assessment project in order to be consistent with the requirements of the Environmental Assessment Act.

To provide guidance to applicants, the ministry suggests a five-phase process for the planning and implementation of class environmental assessment projects. This will ensure consistency between class environmental assessments and will make it easier for applicants as they will not have to "reinvent the wheel" when describing the class environmental assessment planning process in their new class environmental assessment.

The ministry recognizes that due to the breadth of activities and projects that could be planned and implemented using a class environmental assessment process, a single planning process cannot be appropriate for class environmental assessments. The process that will be described in this section is flexible and can be adjusted to suit the characteristics of the class of undertakings and the needs of the applicant.

Each class environmental assessment should adopt a five-phase planning process where feasible. The level of detail required in the planning process and some aspects can be flexible and will depend on the class of undertakings. This sectionillustrates in a general sense, how a class environmental assessment planning process might look (see also Figure 1).

Figure 1: Generic Project Planning Process

Problem / opportunity

1. Identify problem or opportunity.
2. Determine project category. This step may occur at a different point in the process.

   “Alternatives to” / alternative solutions

   The project evaluation or screening/review process may or may not include a requirement to consider alternatives.

3. Identify and evaluate alternative solutions / alternatives to
4. Select preferred solution / alternative to
5. If there are no “alternative methods”,
   1. Document decision-making process (project file or project plan). This step may occur at a different point in the process.
   2. Issue Notice of Completion and conduct public review. This is the end of the process.
6. If there are “alternative methods”,

   “Alternative methods” / alternative design concepts for preferred solution

   The project evaluation process may or may not include a requirement to consider alternatives.

7. Identify and evaluate alternative design concepts/alternative methods for preferred solution.
8. Select preferred design / method
9. Detailed impact assessment and mitigation

   Preparation and review of environmental assessment (EA) report

   The term “environmental assessment report” is used to include documents prepared according to the applicable class environmental assessment (EA).

10. Prepare EA report.
11. Complete EA report.
12. Issue Notice of Completion and conduct public review of EA report.

Generic Project Planning Process

The generic project planning process is broken down into five phases. Phases I to III represent the actual "planning" of a project, while Phases IV and V address documentation and implementation. The process is iterative and proponents of class environmental assessment projects may have to go back and repeat steps in the process as a result of new information, changed circumstances, or public/governmentagency input. The proponent may also conduct some of the steps concurrently.

Phase I – Identification of the Problem or Opportunity and Preliminary Planning

• Determine if the Environmental Assessment Actapplies to the project being contemplated.
• Determine if the project is covered by the class environmental assessment.
• Determine proponency (see Section 6.2.1).
• Consider if previous planning work such as a master plan can be used and incorporated into the planning for the project (see Section 6.2.9).
• Preliminary determination of the project category or whether a screening process is to be used (this may vary depending on the class environmental assessment).
• Publish a Notice of Commencement (see Section 6.1.6).

Phase II – Evaluation of Alternatives to the Undertaking

• Identification of alternatives to, including the "do nothing" alternative (see Section 6.2.2).
  • identify evaluation criteria, some of which could be set out in the class environmental assessment but should also include project- specific criteria
• If other planning work has identified the preferred alternative, then the rationale for not looking at other alternatives must be included here.
  • can use exclusionary or screening criteria which would be identified and approved in the class environmental assessment to assist in determining alternatives to
• Define study area.
• Evaluation of alternatives to.
  • describe baseline conditions in the study area of environment likely to be affected
  • predict both positive and negative environmental effects for each alternative (see Section 6.1.4)
  • identify impact management measures including mitigation (see Section 6.1.5)
  • evaluate each alternative
  • based on comparative evaluation of the alternative, identify the preferred alternative (one or more alternatives to could be brought forward)
• Consultation on evaluation of alternatives to.

Phase III – Evaluation of Alternative Methods of Carrying out the Undertaking

• Identification of alternative methods.
  • identify evaluation criteria, some of which could be set out in the class environmental assessment but should also include project- specific criteria
• Evaluation of alternative methods.
  • same general steps as described for the evaluation of alternatives to in Phase II
• Selection of preferred alternative (one or more could be chosen).
• Detailed impact assessment and mitigation.
• Re-assess project status to confirm that level of planning and assessment is still appropriate.
• Consultation on evaluation of alternative methods.

Phase IV – Documentation of the Planning Process

• Determine documentation requirements (see Section 6.2.4).
• Issue Notice of Completion (see Section 6.1.6).
• Opportunity for Part II Orders to be requested (see Section 6.2.3).
• Obtain other approvals as required (other than the Environmental Assessment Act).

Phase V – Implementation and Monitoring of Class EnvironmentalAssessment Projects

• Implementation of the project as described in the documentation.
• Project monitoring and evaluation (see Section 6.2.6).

Other Provisions (6.2)

While not specified under subsection 14(2) of the Environmental Assessment Act, there are other provisions that should be included in the class environmental assessment in order to ensure there is sufficient information to document how the class environmental assessments will be applied to specific projects. This additional information relates to:

• Proponency
• Alternatives
• Part II Order Requests
• Documentation
• Procedures for Amending a Class Environmental Assessment
• Monitoring and Reporting
• Class Environmental Assessment Review Requirements
• Federal-Provincial Coordination
• Integration and Coordination Procedures
• Changing a Project after the Planning Process Is Complete

Depending on the nature of the class of undertakings being contemplated in a class environmental assessment, the applicant may want to include other provisions than those listed above. These should be discussed with the Project Officer at the Branch.

Proponency (6.2.1)

Proponency is an important distinction for a class environmental assessment. The Environmental Assessment Act defines a proponent as a "person who,

1. carries out or proposes to carry out an undertaking, or
2. is the owner or person having charge, management or control of an undertaking."

"Person," under the Environmental Assessment Act, includes a municipality, Her Majesty in right of Ontario, a Crown agency within the meaning of the Crown Agency Act, a public body, a partnership, an unincorporated joint venture and an unincorporated association. A proponent is also any private sector person that has been designated subject to the requirements of the Environmental Assessment Act.

The definition of proponent under the Environmental Assessment Act needs to be appropriately reflected in any class environmental assessment.

Types of Persons for Class Environmental Assessments

There are two types of persons: the applicant seeking approval of a class environmental assessment, and the proponent who plans and develops projects using an approved class environmental assessment. There may be times when there are more than one applicant or more than one proponent. In addition, the proponent of a project may not necessarily be the applicant of the class environmental assessment.

Class Environmental Assessment Applicant

The applicant is the person who is seeking approval under the Environmental Assessment Act for the class environmental assessment. Any approval issued by the Lieutenant Governor in Council will be issued to the applicant. The applicant is responsible for preparing the class environmental assessment and ensuring compliance with the approval. It also has certain responsibilities such as monitoring and reporting on the use and effectiveness of the class environmental assessment, carrying out amendments to the class environmental assessment, and carrying out periodic reviews of the class environmental assessment that may be required as a condition of Environmental Assessment Actapproval. Applicants may also be responsible for such things as training and outreach activities. As noted above, a class environmental assessment may be approved for use by one or any number of proponents. For example, the Municipal Class Environmental Assessment was prepared by the Municipal Engineers Association on behalf of 12 municipalities. The Municipal Engineers Association is the applicant of the Municipal Class Environmental Assessment and acts on behalf of the 12 proponent municipalities. The Class Environmental Assessment for Ministry of Natural Resources Resource Stewardship and Facility Development Projects names one proponent – the Ministry of Natural Resources – in the Environmental Assessment Act approval.

When preparing a class environmental assessment, the decision as to who will be the applicant of the class environmental assessment needs to be made early. The applicant or applicants of any proposed class environmental assessment must be identified in the terms of reference at the time it is submitted for approval. It may be obvious, and it may, depending on the class of undertakings, be a slightly more complex matter. When determining the applicant or applicants for any class environmental assessment, care should be given to thinking about the role and responsibilities of the class environmental assessment applicant, some of which are referenced above.

Class Environmental Assessment Project Proponent

The second type of person is the proponent of any project carried out under an approved class environmental assessment. Again, there may be single or multiple proponents for any one class environmental assessment project.

It is critical that the class environmental assessment contain provisions that clearly identify who can use the document to plan and develop projects (the project proponents). Without this outlined in the class environmental assessment, the only other way a proponent may be granted the option of using a particular class environmental assessment is by a regulation made by the Lieutenant Governor in Council under the Environmental Assessment Act. Only those persons specifically identified by the class environmental assessment or by a regulation will be permitted to use the class environmental assessment to obtain Environmental Assessment Act approval for a project. If a person is not identified as a proponent, it cannot use the class environmental assessment to obtain their approval.

For example, the Municipal Class Environmental Assessment identifies 12 proponent municipalities who may use that class environmental assessment to obtain Environmental Assessment Act approval. Regulation 334 made under the Environmental Assessment Act establishes that any municipality in Ontario and private sector developers designated under Ontario Regulation 345/93 may use the Municipal Class Environmental Assessment to obtain Environmental Assessment Act approval.

The Class Environmental Assessment for Remedial Flood and Erosion Control Projects is approved for Conservation Ontario, on behalf of all conservation authorities in the province. Provisions in the Conservation Ontario Class Environmental Assessments provide for its use by all conservation authorities.

The Ministry of Transportation’s Class Environmental Assessment for Provincial Transportation Facilities provides for the use of the class environmental assessment by the Ministry of Transportation, as well as other proponents who may carry out works on provincial transportation facilities that are not needed by or which are not commitments of the Ministry of Transportation (for example, the construction of a new freeway interchange by a private-sector developer to facilitate access to a new development, where the Ministry of Transportation would not have otherwise built the interchange).

Multiple Proponents for a Class Environmental Assessment Project

For any one class environmental assessment project being planned and developed under an approved class environmental assessment, there may be more than one proponent. Two municipalities, for example, may agree to plan and develop a joint sewage system. Two conservation authorities may carry out a flood and erosion control project together. These are generally referred to as "co-proponents." Provisions can be included in a class environmental assessment to provide for co-proponency and the requirements for co-proponents in such circumstances. The provisions should establish the possible relationships of the co-proponents, insofar as responsibilities under the class environmental assessment are concerned. Variations of this include all proponents sharing equal responsibility for meeting the requirements of a class environmental assessment; or, one proponent accepting the role as lead proponent and assuming the responsibility for ensuring the class environmental assessment requirements are met. It should be noted that, even though one proponent may elect to be the lead, any and all proponents may be legally accountable for compliance with the class environmental assessment.

There may be circumstances when there are co-proponents for a project, both of which have an approved class environmental assessment that applies to that particular project. Both proponents would requireEnvironmental Assessment Act approval and if they were each working alone, would follow their respective class environmental assessments. However, provisions can be incorporated into class environmental assessments providing for the use of one or the other class environmental assessment in order for both proponents to obtain approval for the project. This can reduce redundancy and duplication of effort, simplify the planning and development of the project and eliminate confusion on the part of the public and other stakeholders. The class environmental assessments must have corresponding provisions providing for co-proponency under one or the other class environmental assessment. In the absence of such corresponding provisions for co-proponency, the two proponents would have to plan and develop the project to meet the requirements of both class environmental assessments.

There may be instances where there are public-sector and private-sector co-proponents for a project. The class environmental assessment should specify that, given the fact that one proponent is public-sector and even if the private-sector proponent is not subject to the Environmental Assessment Act, the public-sector proponent requires approval. Provisions in these circumstances can provide for the two to be equal proponents or for the public-sector proponent to be the lead proponent. The class environmental assessment should be clear that where a company or contractor is building a facility or works on behalf of a public- sector proponent, it is not considered a co-proponent and the requirements of the class environmental assessment would not apply. By providing corresponding provisions in class environmental assessments, it gives proponents some certainty about which class environmental assessment process to follow. Guidance about how to choose which class environmental assessment to follow should also be provided (for example, use the document with the more rigorous requirements).

Notification and documentation requirements of a class environmental assessment must require proponents to provide information about proponency for any class environmental assessment project.

Any other proposals for proponency situations that may not have been anticipated by the ministry should be discussed with the ministry in advance.

Alternatives (6.2.2)

When preparing a class environmental assessment, the applicant should include a description of alternatives to and alternative methods for the activities that form the class of undertakings where this is appropriate. These alternatives will then guide the proponent’s examination of alternatives when they are planning a project under the approved class environmental assessment. By describing the alternatives in the class environmental assessment, the applicant is able to have the alternatives "approved" as reasonable alternatives for consideration. This does not limit the proponent of a class environmental assessment project from examining other alternatives during project planning, but it does provide a logical starting point.

The applicant should provide a description and rationale for the alternatives to that would typically be examined for the types of activities in the class of undertakings.

The applicant should also provide a description and rationale for the alternative methods that would typically be examined for the types of activities in the class of undertakings.

The ministry recognizes that for class environmental assessments with many different activities it may not be possible to describe alternatives for every activity, but it may do so for groups of similar activities.

Applicants who have carried out previous planning work which meets the ministry’s criteria and the class environmental assessment project is a result of the previous planning work (see Section 8.2, Recognition of Previous Planning Work) may limit their examination of alternatives. This is also extended to projects resulting from a government announcement about a specific priority. It may be appropriate for the applicant to make allowances for this in the class environmental assessment.

The ministry also recognizes that for certain classes of undertakings and certain applicants, it may not be appropriate to include a section on alternatives. If this is the case, the applicant must provide rationale for not doing so.

Part II Order Requests (6.2.3)

All class environmental assessments must include provisions for Part II Order requests. Generally, class environmental assessments are appropriate for classes of undertakings that have predictable and mitigatable effects that are not of a size or scale that warrant an environmental assessment approved by the Minister. However, certain class environmental assessment projects may have potential environmental effects not contemplated when the class environmental assessment was prepared or have significant public, Aboriginal communities or government agency concerns associated with them. In such circumstances, the status of the project can be elevated to require the preparation of an environmental assessment for submission and formal review by the ministry to obtain approval under the Environmental Assessment Act. The change in status can be achieved through a "voluntary elevation" by the project proponent or by a Part II Order made by the Minister or delegate. The applicant should include in its environmental assessment considerations about when and how a project can be voluntarily elevated to a project category which requires a higher level of assessment.

The authority to make Part II Order is granted by subsection 16(1) of the Environmental Assessment Act which states:

• "The Minister may by order require a proponent to comply with Part II before proceeding with a proposed undertaking to which a class environmental assessment would otherwise apply."

This power may be delegated by the Minister of the Environment under the legislative authority of subsection 31(2) of the Environmental Assessment Act. The Minister or delegate’s decision is final.

The ministry views the issuance of Part II Orders as an important matter to be used only when there are significant concerns with a proposed project, for example, concerns about the potential environmental effects of the project and an "individual" environmental assessment is required to conduct a more detailed assessment.

Part II Order Process

All class environmental assessments must include a description of the Part II Order process. The process should include the following steps.

Making a Request

• The interested person(s) with a concern about a class environmental assessment project brings the concern to the attention of the proponent.
• If the concern cannot be resolved by the proponent, the interested person may request the proponent to elevate the project status to an environmental assessment.
• If the proponent decides not to elevate the status of the project, and the interested person(s) wish to pursue the matter, they may request that the Minister or delegate make a Part II Order and elevate the status of the project.
• The Part II Order request must be made in writing to the Minister or delegate with a copy to the proponent, be received by the ministry within the review period following issuance of the Notice of Completion,and must address the following issues as they relate to the identified concerns with the potential environmental effects of the project or the planning process followed:
  • The project name and proponent must be clearly outlined;
  • Environmental effects of the project and their significance;
  • The adequacy of the planning process followed – compliance with the approved class environmental assessment process;
  • The availability of other alternatives to the project (where appropriate as some projects may not have any alternative);
  • The adequacy of the public consultation program and the opportunities for consultation;
  • The involvement of the requester in the planning of the project;
  • The nature of the specific concerns which remain unresolved;
  • Details of any discussions held between the requester and the proponent;
  • The benefits of requiring the proponent to conduct an environmental assessment;
  • Any other important matters considered relevant.

Review of the Request

• A Part II Order request will be considered by the Minister or delegate only after the following:
  • The proponent has issued a Notice of Completion (in accordance with Phase IV of the class environmental assessment planning process or the equivalent for categories of undertakings that may not have the same Notice requirements); and
  • The proponent has indicated to the Minister or delegate that it cannot resolve the issues.
• When the Minister or delegate receives a Part II Order request and the above two criteria are not met, the request shall be deemed premature by the ministry and directed to the proponent for consideration.
• Upon receipt of a valid Part II Order request, the Project Evaluator at the Branch shall request the proponent to provide a copy of any relevant project documentation and the proponent shall provide the information within the requested time frame.
• The Minister or delegate will consider the information submitted by the proponent, the requester(s) and any person the Minister or delegate chooses to consult before making a decision. The Minister or delegate will also consider the evaluation criteria for Part II Order requests found in subsection 16(4) of the Environmental Assessment Act.
• The Minister or delegate will make a decision within the decision time frame set out in the class environmental assessment once all information is received and will decide to do one of the following:
  • Make a Part II Order;
  • Deny the Part II Order request with or without conditions;
  • Refer the Part II Order request to mediation before making a decision; or
  • Advise the proponent to redo its project planning where there is evidence that the project has not been prepared in accordance with the class environmental assessment. Proceeding with the project in such circumstances is a violation of subsection 13(3)(a) of the Environmental Assessment Act.
• If none of the above has occurred by the required decision deadline, the proponent is entitled to proceed with the project. Before proceeding, proponents will confirm with the Branch that no decision has been made on the Part II Order request. Should the proponent proceed with the project without a Part II Order decision, it should recognize that it is doing so at its own risk, as a Part II Order could still be made or denied with conditions.
• If the Minister or delegate decides to elevate the status of the project, he/she will notify the proponent, the Part II Order requester(s) and other interested persons and provide them with reasons for that decision. The proponent shall then prepare an environmental assessment for formal submission, review and decision if they wish to pursue the project.
• If the Minister or delegate decides to deny the Part II Order request, he/she will notify the proponent, the Part II Order requester(s) and other interested persons and provide them with written reasons for that decision. The proponent shall then continue to plan and implement the project in accordance with the commitments set out in the project documentation. The proponent will also comply with any conditions specified by the Minister or delegate in deciding not to make a Part II Order.

Responsibilities of Interested Persons

The class environmental assessment should provide clear direction indicating that an interested person has responsibilities associated with the project planning process. Specifically, the interested person has the responsibility to take advantage of opportunities provided by proponents for public involvement during the development and planning of a class environmental assessment project.

The interested person should bring to the attention of the proponent, concerns that they may have about the potential environmental effects of the project or the planning process that is being followed as early as possible. The sooner the concerns are brought to the attention of the proponent, the greater flexibility the proponent has to accommodate changes in the project and in the planning process.

Interested persons should make their Part II Order request very clear and should focus on concerns associated with the potential environmental effects of the project or the class environmental assessment process. Previous planning decisions, broad policy, or not wanting the project in their community are outside the scope of the Part II Order request process.

If following the submission of a Part II Order request the proponent has satisfied the concerns of the requester, it is the responsibility of the requester to withdraw its Part II Order request. Written notice of a withdrawal should be sent to the Minister or delegate. Proponents for their part should accept their responsibilities as defined in their class environmental assessments, and should do their utmost to address all project considerations as best they can. However, there are cases where nothing more can reasonably be done to satisfy interested persons or groups with diverse interests.

Documentation (6.2.4)

The type of documentation required for each class environmental assessment project will depend on the level of assessment for a particular project. Most approved class environmental assessments have at least two categories that require documentation: a category for projects for which there may be some potential for negative environmental effects but the effects and mitigation measures are known, and a category for projects which have the potential for significant negative environmental effects. Less documentation could be used for projects with lesser anticipated negative environmental effects. When developing a class environmental assessment, it must clearly state what kind of documentation is required, the format and content of the required documentation (for example, environmental report, letter), how the documentation will be distributed to interested persons, and a process for addressing any concerns raised, if appropriate. In deciding how to address these requirements, proponents may consider a requirement for a short summary of class environmental assessment planning steps that were carried out or they may simply include a requirement for the preparation of a project file that is made accessible to the public.

Regardless of the type of documentation, copies of the documents must be sent to the appropriate regional office of the ministry.

Procedures for Amending a Class Environmental Assessment (6.2.5)

There may be times when an applicant, an interested person or the ministry would like to make a change to the class environmental assessment because:

• There have been policy, regulatory or legislative changes that may affect the class environmental assessment;
• Activities should be removed from a category and placed in another, or there are new activities;
• There is a need to improve procedures based on experience working with the class environmental assessment and the results; or
• Procedures need to be updated to reflect current practice.

When preparing a class environmental assessment, the applicant should include provisions for amending the class environmental assessment. An amendment procedure would allow proponents to make modifications and or amendments through an approved amendment process included in the class environmental assessment. The types of amendments should include major or minor amendments to the class environmental assessment. The type of amendment procedure to be used would depend on the nature of the amendments anticipated and their potential environmental effects. Proponents should include an amendment procedure that outlines how amendments should be considered.

The components of the amendment procedure outlined within the class environmentalassessment should include:

• Types of amendments that would be considered either minor or major amendments.
• Type of criteria that would be used to distinguish between a minor and major amendment. Generally speaking, a minor amendment would include administrative changes or clarification to existing text. A major amendment could include the removal of certain project activities from the class environmental assessment, moving project activities into a category where a lower level of assessment is required or the inclusion of a new group of project activities.
• How the amendments would be brought forward for consideration. Amendments can be brought forward by the applicant, members of the public, affected stakeholders or the ministry.
• Description of the purpose and rationale for the amendment.
• Public consultation requirements. Public consultation requirements would vary depending on the type of amendment proposed.
• Approval authority for the amendment, for example, the Director of the Environmental Assessment and Approvals Branch can approve minor amendments; the Minister will approve major amendments.
• Length of review and approval period. Review time can vary depending on the type of amendment and review procedures proposed by the applicant.

Monitoring and Reporting (6.2.6)

To assist both the applicant and the ministry in determining whether the class environmental assessment is fulfilling its intended purpose and to identify any opportunities to increase the effectiveness of the class environmental assessment, when preparing the class environmental assessment, provisions for monitoring and reporting should be included. Monitoring in this context is used to help the applicant demonstrate compliance with the Environmental Assessment Act approval for the class environmental assessment, and is hereafter referred to as compliance monitoring. It should not be confused with monitoring the environmental effects of a class environmental assessment project.

Purpose of Compliance Monitoring

The purpose of compliance monitoring is to help ensure that a proponent meets its legislative and regulatory requirements that have been defined through the Ontario environmental assessment process. Every class environmental assessment should include a compliance monitoring program.

The goals of the compliance monitoring program are to:

• Establish a framework for an applicant to evaluate compliance with conditions of their Environmental Assessment Act approval or Minister or delegate’s decision (for example, Part II Order).
• Provide a forum for the applicant and proponents of class environmental assessment projects to provide information which would lead to the continuous improvement of the environmental assessment program.
• Provide the applicant and proponents with a better understanding of how to fulfil Environmental Assessment Act requirements.
• Provide applicants and proponents with an increased awareness of ministry compliance activities.
• Increase Environmental Assessment Act compliance rates.

Annual Reporting

A key aspect of the monitoring program is the production of an annual compliance report. The annual report is prepared by the applicant of the class environmental assessment, with the assistance of the proponents who used the class environmental assessment to implement projects in the previous annual period. To help ensure that annual reporting of class environmental assessment projects is carried out with clear direction, consistency and timeliness, annual reporting requirements were developed by the ministry for inclusion in class environmental assessments. The format, content, submission and review requirements should be set out in the monitoring program as follows:

1. Annual reports are to be submitted to the ministry (Branch and the local regional office) within a specified time frame or on a specified date (for example, 90 days from the anniversary of the class environmental assessment approval, end of calendar year or end of fiscal year). The report should also set out the availability of the report to interested persons.
2. The annual report must include a statement of effectiveness of the class environmental assessment in providing an effective and efficient planning process, and in protecting the environment (include examples).
3. Identification of any changes to the class environmental assessment document or changes to the applicant’s practices and procedures that would serve to improve the class environmental assessment itself or its administration. This might include any changes that have taken place during the year that may affect the implementation of the class environmental assessment (for example, changes to legislation, regulation, policy, practice, guidance).
4. Identification of any common problems experienced with the class environmental assessment projects that may suggest a problem in the class environmental assessment.
5. Action that the applicant has (or how each proponent has) or will be proposing to deal with problems, deficiencies and non-compliance with the class environmental assessment.
6. A statement by the applicant on how it has (or how each proponent has) complied with any conditions in the Notice of Approval of the class environmental assessment and the Environmental Assessment Act.
7. A copy of the Notice of Approval and any approved amendments to the class environmental assessment document. This is to ensure that the applicants revisit the conditions of the approvals on an annual basis as required.
8. The findings and recommendations of any internal audits or third party audits completed during the course of the year.
9. A summary table listing of all projects carried out following the class environmental assessment and a breakdown by classification and type (that is, schedule/group). Projects which are pre-approved would not need to be reported. This also would include routine or emergency operational activities, maintenance activities or administrative activities that have minimal environmental effects. The summary table would include the following information:
   • Name and brief description of the undertaking;
   • Name of contact person (for example, project manager);
   • Location of the undertaking;
   • Cost of project (where applicable).
10. A summary and percentage of class environmental assessment projects planned and completed in accordance with the class environmental assessment for which Part II Order requests were made to the Minister or delegate and the proponent; of these, the number and percentages of requests that were granted, denied or denied with conditions. This summary is to include the project name, location and brief description of the undertaking.

Monitoring Projects with Part II Orders

For Part II Orders, decision letters with conditions for Part II Order requests, will also include a report-back mechanism for the proponent to inform the Director about how the proponent has fulfilled its obligations and demonstrated compliance with the conditions that were imposed.

Class Environmental Assessment Review Requirements (6.2.7)

Applicants must include provisions in the class environmental assessment about how often a class environmental assessment will be reviewed. The ministry requires that at a minimum, a review of a class environmental assessment be carried out every five years from the date of its approval. The review process should commence at the beginning of year four so that any required changes are completed by the end of year five. The rationale for reviewing a class environmental assessment on a regular basis is to ensure that the class environmental assessment remains compliant with applicable legislation, regulations and policies and the Environmental Assessment Act.

Applicants should make provisions in the class environmental assessment about how to review their class environmental assessment to ensure that it is still current. This procedure would specify when the review will occur, what will be considered during the review, who will review the proposed changes that may result from the review, consultation requirements and how to incorporate any changes resulting from the review. Should amendment procedures be included in the class environmental assessment, the applicant may elect to use these procedures to make any changes to their class environmental assessment as a result of the review rather than seeking another Cabinet approval. If the provision for a five- year review is not included in the class environmental assessment, it will likely be included as a condition of approval if the class environmental assessment is approved.

Federal-Provincial Coordination (6.2.8)

Class environmental assessment projects may also be subject to the requirements of the Canadian Environmental Assessment Act, 2012 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 are committed to coordinating the review of federal and provincial environmental assessment processes where possible to minimize duplication and to provide clarity on environmental assessment requirements.

General guidance on the need and mechanism for coordination of specific class environmental assessment projects with any Canadian Environmental Assessment Act, 2012 requirements may need to be articulated in the class environmental assessment.

Integration and Coordination Procedures (6.2.9)

There are times when a project or activity being planned under a class environmental assessment may be subject to other approvals or has been subject to a planning process similar to a class environmental assessment in whole or in part. It may be appropriate to set out how various planning approval processes can be integrated or coordinated in a class environmental assessment. This will avoid duplication of effort, save time and money for proponents, and will simplify participation by interested persons.

If an applicant preparing a class environmental assessment thinks that there may be opportunities to integrate or coordinate with other approval processes with its class environmental assessment, provisions to do so should be included in the class environmental assessment. Integrating or coordinating approvals means that the planning for the class environmental assessment project must be carried out at the same time as another regulatory approval; meet regulatory requirements jointly and result in one application.

There are a number of ways in which project activities being planned under a class environmental assessment can be integrated or coordinated with other approval processes. These include:

• Integration or coordination with other legislation outside of the mandate of the applicant (for example, integration with federal environmental assessment process).
• Integration or coordination with other legislation that must be followed by the applicant (for example, integration with the Planning Act by a municipality).
• Integration or coordination with other class environmental assessments (for example, where a project activity is subject to two class environmental assessments – transmission line going through a provincial park).

The class environmental assessment should make it clear that the onus will be on the proponent to ensure that it can meet the requirements of the different planning processes when integrating or coordinating project activities.

It is important to note that when integrating or coordinating other approval requirements with those in the class environmental assessment, it does not alleviate the proponent’s requirements under the class environmental assessment. Integration and coordinating is about doing all of the work required in the class environmental assessment and in the other planning processes in such a way that reduces duplication and notification, shares consultation and documentation requirements so that the different planning processes are more timely and efficient.

Once the class environmental assessment is approved, proponents of projects must follow the commitments about integration or coordination. Therefore, the applicant of the class environmental assessment should consider whether there should be some flexibility for proponents who may not want to be tied to integration or coordination processes until they are proven to be effective.

Integration or Coordination with Other Approvals

There may be circumstances where activities being planned under a class environmental assessment require approvals under other federal, provincial or municipal legislation. In some cases, it may be appropriate to integrate or coordinate the class environmental assessment with the other legislation or planning processes. This would avoid duplicating similar planning processes for the same project; it would address information and consultation requirements of both the class environmental assessment and the other legislation or planning processes; and it will ensure that the project is subject to the appropriate level of review under the Environmental Assessment Act. Examples of other legislation which may be appropriate to integrate or coordinate with class environmental assessment processes would include approvals under the Planning Act, Ontario Planning and Development Act, Niagara Escarpment Planning and Development Act, Places to Grow Act, 2005 and Canadian Environmental Assessment Act, 2012.

When developing integration or coordination provisions in a class environmental assessment, clear guidance should be provided on:

• The number of phases of planning in a class environmental assessment process that can be integrated or coordinated.
• How alternatives and their evaluation are to be considered in an integrated or coordinated process.
• How to recognize the needs of the class environmental assessment in the integrated or coordinated planning process and how to ensure that the planning process with which the class environmental assessment is being integrated or coordinated meets the intent of the class environmental assessment.
• At what stage of the class environmental assessment process would the other planning or approval process be integrated or coordinated.
• Which application and submission requirements may be changed to permit integration or coordination? For example, a Planning Act application combining public notification requirements to meet the requirements of other statutes instead of a Notice of Completion.
• To what extent would integration or coordination be appropriate in the class environmental assessment?
• How would appeals be dealt with in an integrated or coordinated process?
• How would disputes be resolved in an integrated or coordinated process?
• What level of review would be required to satisfy the different legislative requirements?
• A list of legislation or the approval processes which could be considered for integration or coordination and any special requirements to satisfy the requirements of both.
• Notification and consultation requirements for an integrated or coordinated process.
• A mandatory review period for documentation for the integrated or coordinated process which would be included in the Notice of Completion (minimum 30 days).
• Sample Notices which demonstrate how the processes are combined and show minimum information (for example, the relevant approvals or legislation to be integrated).
• A flow chart or diagram showing the key mandatory steps or milestones in each process and how they can be combined and integrated.
• Monitoring requirements on how requirements of both processes have been fulfilled.

Integration or Coordination with Other Class Environmental Assessments

When an applicant is preparing a class environmental assessment, there may be circumstances where an activity being planned under the class environmental assessment may also be subject to another class environmental assessment. For example, flood and erosion control measures is an activity included in both the Conservation Ontario Class Environmental Assessment and the Municipal Class Environmental Assessment.

There may also be circumstances where there is more than one proponent and each proponent has a class environmental assessment that applies. For example, the Ministry of Transportation makes modifications to a highway interchange to accommodate a new municipal arterial road. The two proponents would work together to ensure that the requirements of both class environmental assessments are satisfied. The easiest way to achieve this is to pick the most appropriate class environmental assessment and have both proponents follow the provisions of that class environmental assessment. If either of these scenarios is likely, then integration or coordination provisions should be included in the class environmental assessments.

The provisions in the class environmental assessment should set out:

• How to initiate the integration or coordination process with the proponents of other class environmental assessments.
• Which class environmental assessment would be followed under which circumstances.
• Provisions in each class environmental assessment that the other class environmental assessment can be used to satisfy the environmental assessment requirements for both.
• How to determine proponency.
• Public notification requirements for an integrated or coordinated class environmental assessment project planning process.
• How to confirm that requirements of the class environmental assessment have been met through the other class environmental assessment process.
• How to resolve issues if class environmental assessment requirements have not been met.

Changing a Project after the Planning Process Is Complete (6.2.10)

From time to time, it may not be possible or desirable to implement a project as it was originally planned and documented in the project’s environmental report. A class environmental assessment should include provisions about how to make these changes after a Notice of Completion has been issued.

This provision in the class environmental assessment should include the following:

• Whether there are different processes for minor or major modifications.
• Who is to be consulted on the proposed modifications.
• The timing and duration of the consultation.
• Part II Order provisions.
• Process for when the proposed modification is due to an emergency situation.
• What work on the project can commence while modifications are being made.
• Documentation of the modifications.
• Notice provisions (Revised Notice of Completion/Notice of Filing of Addendum).

Addendum Procedure

Where there is a significant modification proposed for the project after the filing of the environmental report, the class environmental assessment should set out provisions by which an addendum is to be prepared by the proponent.

Addendum provisions in class environmental assessments should require that the addendum describes the following:

• Why the change is required (circumstances necessitating the change)?
• What are the potential impacts to the environment resulting from the proposed modification?
• What impact management measures can be implemented to lessen any potentially negative impacts?

The addendum, the environmental report and a Notice of Filing of Addendum or Revised Notice of Completion should be submitted to the ministry (the Branch and appropriate regional office), potentially affected persons, government review agencies as well as all those who were notified during the preparation of the original environmental report who may have an interest in the modifications. The Revised Notice of Completion or Notice of Filing of Addendum should also be placed in a local newspaper.

The Notice should provide for a public comment period for a specified length of time during which anyone may file a Part II Order request for the addendum component only.

If there are no Part II Order requests, the project can proceed. If there are Part II Order requests, the review process must be conducted before the project can be implemented.

Lapse of Time

There may be instances where a proponent may not implement a project for some time (for example, five years) after the project planning process is complete. The end of the project planning process in this context is defined as either the end of the review period after the Notice of Completion is issued (no Part II Order requests), or the Minister or delegate denies a Part II Order request.

The applicant should provide in the class environmental assessment a procedure for proponents to follow in these cases. When a lapse of time has occurred (exact time should be defined in class environmental assessment), the proponent must review the project to ensure that no changes are required. Changes could be required to the project because, for example, the environmental conditions have changed and the impact management measures are no longer valid. There could also be new government policies or standards or new engineering technologies.

The results of the review of the project should be documented. If any changes are required to the project, the proponent will append the new information to the existing project documentation and clearly note what has changed and why. The addendum procedures as outlined above shall then be followed. If no changes to the project are required, the proponent can proceed to implement the project.