We are modernizing our environmental assessment ( EA ) program to better serve communities now and in the future. Comments received on the discussion paper have been and will continue to be considered when making decisions on EA modernization initiatives.
We have implemented a number of changes related to matters discussed in the discussion paper and in doing so have considered the input received.
As we move forward with modernizing Ontario’s environmental assessment ( EA ) program, we will continue to consult, as appropriate, on the implementation of other matters covered in the discussion paper, including through Environmental Registry postings.
The most recent actions taken are summarized below.
On February 22, 2024, certain sections of the EAA came into force allowing for the regulations, orders and related actions required to move Ontario’s EA program to a project list approach to occur. With this, the Comprehensive EA Projects regulation came into effect. This regulation sets out certain projects which are subject to the new comprehensive EA part of the Act (Part II .3) and provides for exemptions, including exemptions conditional on completion of a streamlined EA process.
In addition to the Comprehensive EA Projects regulation, we made other regulations and orders and took other complementary actions such as amending certain Class Environmental Assessments to enable and support the successful implementation of the move to a project list approach.
In February 2024, we also extended the statutory expiry date of approvals for certain projects. You can find information on the extensions here: https://ero.ontario.ca/notice/019-4428.
Any future EA modernization initiatives will be consulted on through other ERO postings, as appropriate. The comments that were received on this discussion paper will also be considered in developing any related future initiatives.
After the consultation period on this discussion paper closed on May 25, 2019, we completed some activities to modernize Ontario’s EA program and will continue to work on future planned activities in support of modernizing the EA program.
We received comments from a wide range of interested parties on this proposal notice, including:
Overall, most comments supported the ideas presented in the discussion paper and the government’s intent to modernize the EA program.
We considered all feedback received through the Environmental Registry of Ontario during the comment period and by e-mail.
The following is a summary of the comments received and responses that indicate how the comments have been considered in the various steps taken to implement certain matters covered by the discussion paper or responses that reflect the ongoing EA modernization initiative.
The comments are organized based on the following four themes outlined in the discussion paper.
Please note: For detail on specific EA modernization initiatives to date, please see related links section below.
There was general support for aligning the level of assessment to the level of environmental risk. Many commenters supported exemption of low-risk projects (e.g., exemptions of low-risk activities in Class EA s). Some raised concerns that environmental protection and opportunities for consultation will decrease with elimination of EA requirements low-risk projects.
There was general agreement that duplicate requirements between EAA , and other legislation and guidelines should be reduced. There was some concern that attempts to reduce duplication by combining different processes could cause confusion and eliminate consultation opportunities. Also, some raised concerns that if fewer studies were being completed, this could lead to reduced environmental oversight.
There was general agreement that sectoral terms of reference and service standards will reduce timelines while improving clarity and consistency. We also heard that clearer guidance is needed on requirements for EA s and for engaging with Indigenous communities to ensure an efficient EA process.
This will allow important infrastructure projects to get underway faster while maintaining consultation opportunities including consultation with Indigenous communities.
Comments received identified that a digital solution should not replace other forms of public engagement, especially in rural or remote communities.
We amended the EAA to enable the ministry to require online submissions of EA s, once a platform is developed, and to make information available online.
The ministry will continue to explore how we can move towards an online platform, while continuing engage through other existing methods.
Issues that we received feedback on, which were not directly related to a specific theme in the discussion paper included concerns related to:
We recognize the importance of meaningful consultation and consulted on the EA modernization initiatives for a number of years.
The ministry updated the guides to EA requirements for waste and electricity projects, the guidance for transit and rail projects and class EA s to clarify for proponents the Indigenous community consultation considerations.
We will continue to offer one-on-one meetings with communities to discuss future planned EA modernization activities.
The ministry will also consider how we can continue to improve on supporting Indigenous communities and organizations on their meaningful engagement in the EA modernization initiatives.
With respect to concerns about consideration of cumulative effects, the ministry’s EA Codes of Practice provide guidance about this. In the Codes, proponents are encouraged to include information about potential cumulative effects of a project (effects of a project in combination with past, present and reasonably foreseeable future activities) where possible. Also, proponents are referred to the federal government’s practitioner’s guide related to cumulative effects.
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Environmental Assessment Modernization Branch135 St Clair Ave West
4th Floor
Toronto, ON
M4V 1P5
Canada
135 St Clair Ave West
4th Floor
Toronto, ON
M4V 1P5
Canada
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April 25, 2019 - May 25, 2019 (30 days)
The proposal for the draft Comprehensive Environmental Assessment Projects regulation (Part II .3 Projects - Designations and Exemptions and related actions) under the EAA has been posted for a 60-day consultation (November 26, 2021 to January 25, 2022) and may be reviewed here: https://.ero.ontario.ca/notice/019-4219.
The ministry has also posted a proposal to extend the expiry date of EAA approvals for certain projects. The amendments that were made to the EAA July 2020 included an unproclaimed provision imposing a 10-year expiry date for projects that are approved but do not have an expiry date and have not substantially commenced. The new section of the EAA also allows the Minister to, by notice, extend the period within which the project is to be substantially commenced, extending the date of expiry. The Minister is proposing to issue notices to extend the environmental assessment approval for nine projects by 10 years and is looking for feedback. You can review this proposal here: https://ero.ontario.ca/notice/019-4428. The comment period closes on January 25, 2022.
The ministry also sought feedback on a proposal to make it clearer that the authority to amend a Class EA and a Class EA approval, includes changing the types (or classes) of projects that can follow a Class EA . You can review this proposal here: https://ero.ontario.ca/notice/019-4189. The comment period closed on November 21, 2021.
The ministry also sought feedback on a proposal to update the environmental assessment requirements for certain electricity transmission projects. You can review this proposal here: https://ero.ontario.ca/notice/019-3937. The comment period closed on September 3, 2021.
On June 30, 2021, the ministry posted a decision to improve the processes associated with land claim settlement and other agreements with Indigenous communities about land by removing duplication between the Environmental Assessment Act requirements and the Ministry of Indigenous Affairs’ current policies and guidelines. Refer to the decision posting here: https://ero.ontario.ca/notice/019-1805.
On October 7, 2021, the ministry posted a decision to exempt the Bradford Bypass project from duplicative requirements of the EAA by way of a regulation. The regulation sets conditions for the assessment process going forward and for continued environmental protection and consultations. No other Ministry of Transportation projects have been exempted from the EAA as part of this regulation. Refer to the decision posting here: https://ero.ontario.ca/notice/019-1883.
The ministry is considering comments received and continues to consult with Indigenous communities as it works to finalize the proposed amendments to this exemption regulation.
The ministry proposed to exempt all projects, by or on behalf of the ministry, related to provincial parks and conservation reserves (e.g. managing existing parks or conservation reserves and fish and wildlife management within provincial parks and conservation reserves). We also proposed an Environmental Impact Assessment Policy under the Provincial Parks and Conservation Reserves Act, 2006 that would replace the Environmental Assessment Act requirements and provide a similar process for impact assessment and consultation for most projects currently covered under the Class EA for Provincial Parks and Conservation Reserves within these protected areas.
Currently, the ministry is considering all the comments and feedback that have been received to date.
Following the close of consultation on this discussion paper on May 25, 2019, the ministry continues to make progress on a number of initiatives in support of its ongoing work to build a more modern and efficient environmental assessment program.
In July 2020, the ministry posted amendments proposed by proponents of Class EAs to better align study requirements with the potential for environmental impacts, increase efficiency in Class EA processes and reduce duplication with other legislation, planning or approvals processes.
The proposed amendments to Class EAs were informed by the work of Class EA proponents such as municipalities, ministries and associations and were posted on Ontario.ca for a 45-day comment period (July 8, 2020 to August 22, 2020).
The following amendment proposals to Class EAs may be reviewed at:
The ministry is considering comments received and continues to consult with Indigenous communities as it works to finalize the proposed amendments to the Class EAs .
The ministry has also proposed exemption regulations that would, if made, eliminate duplication and reduce delay for projects that have been part of other planning and consultation processes, or for which the EA process can be further streamlined.
The proposed exemption regulations were posted on the environmental registry of Ontario for a 45-day comment period (July 8, 2020 to August 22, 2020). The postings may be found at:
The ministry is considering comments received and continues to consult with Indigenous communities as it works to finalize the proposed amendments to the exemption regulations.
On July 21, 2020, the Ontario legislature passed the COVID-19 Economic Recovery Act, 2020 which included a number of amendments to the Environmental Assessment Act (EAA) that will help us build a modern environmental assessment program that supports strong environmental oversight and a strong economy.
More information on this posting may be found at https://ero.ontario.ca/notice/019-2051.
As a result of the enabling amendments to the EAA , the ministry is developing a number of regulatory proposals that allow it to make important progress in its work to further modernize the environmental assessment program.
This regulation will, if made, set out the types of projects that will be subject to the new Part II .3 (Comprehensive Environmental Assessment) of the EAA (to be proclaimed). A project list would bring much needed clarity to Ontarians about what projects require a comprehensive environmental assessment and put more focus on projects that have the highest impact on the environment rather than requiring an environmental assessment based on who is doing the work.
In Fall 2020, the ministry posted a proposal posting to consult on the projects that would require a comprehensive environmental assessment for a 60-day consultation (September 11, 2020 to November 10, 2020). The comments received through this posting will inform the development of the Comprehensive Environmental Assessment Project List regulation.
There will be a subsequent consultation on the draft Comprehensive Environmental Assessment Project List regulation once it is drafted.
This regulation, if made, will exempt specific projects from the expiry date provision in the amended EAA . The provision setting out the expiry is intended to be proclaimed if and when this regulation is made.
The streamlined regulations, if made, would set out consistent process requirements (consultation, documentation, scope of assessment, etc. ) across project types and will replace the differing and inconsistent Class EA system. The new streamlined EA provisions of the amended EAA (Part II .4) will be proclaimed if and when the regulation(s) is made.
The current processes set out in the designating and exempting regulations for waste management, electricity and transit and Class EAs will continue to apply until the streamlined regulations are developed in phases.
For certain project types, the ministry will be developing standardized terms of reference regulations that will contain the content and process that can be followed by proponents developing terms of reference under the new Part II .3 (once proclaimed) of the EAA . This will save time and ensure consistency among workplans for proponents in a sector.
This regulation will be amended to update certain EA timelines for proponents and the ministry. Improving timelines will ensure projects are completed in a reasonable timeframe.
Ontario’s Environmental Assessment Act was enacted in 1975 and sets out the framework for the environmental assessment program. Environmental assessments are a critical feature of environmental planning decision-making in Ontario, requiring the study and documentation of potential effects of a project, and allowing interested persons to comment on projects that may affect them.
The Environmental Assessment Act was the first of its kind in Canada, but after almost 50 years it largely remains the same. Over time, the process has become more complex, requiring analysis of social, economic, cultural, health and environmental factors. Efforts to update the environmental assessment program have been sporadic and the program has become overly complex and burdensome, discouraging job-creators from coming to Ontario to do business.
In the Made-in-Ontario Environment Plan, the government committed to modernize Ontario’s environmental assessment program to ensure strong environmental protections, while eliminating duplication, streamlining processes, providing clarity to applicants, improving service standards to reduce delays, and better recognize other planning processes that have evolved over the past four decades.
This discussion paper is a first step to modernize Ontario’s environmental assessment program. The discussion paper identifies some immediate actions that will reduce regulatory burden and improve the efficiency of Class environmental assessments in Ontario. The paper also outlines a vision to bring Ontario’s environmental assessment program into the 21st century. Through the discussion paper, we ask Ontarians to consider and provide input on questions that will help to inform a modern framework for environmental assessment that:
For more information on the environmental assessment program please visit https://www.ontario.ca/page/environmental-assessments
There will be opportunities to consult on prescribed regulations at a later date.
The ministry is planning to host webinars for Indigenous communities and organizations, as well as stakeholder groups.