Environmental Assessment
EA Review and Approval Process
Steps in the Individual Environmental Assessment Process
The proponent is required to consult on the preparation of the terms of reference (ToR) and document the results of the consultation prior to submission of the ToR to the ministry. Proponents are also required to give public notice of formal submission of their ToR to the ministry.
On receiving the ToR document, the Environmental Assessment and Approvals Branch (Branch) coordinates a review of the ToR. In coordinating the review, the Branch solicits comments on the ToR from various potentially affected government ministries and agencies, municipalities, Aboriginal communities and the general public. A 30-day comment period is provided for consultation. The Minister decides whether to: approve the ToR; approve the ToR with amendments; refer a matter related to the ToR to mediation; or, reject the ToR.
The regulated timelines indicate that the Minister make a decision on the ToR within 12 weeks from the date of formal submission to the ministry. The proponent can extend this timeline by requesting additional time to resolve issues or make changes. If the ToR is approved, the proponent may begin preparation of the environmental assessment (EA) document. The proponent is required to consult on the preparation of the EA and document the results of that consultation.
Proponents are also required to give public notice of formal submission of their EA to the ministry. Once the notice has been given, the Branch coordinates a review of the EA soliciting comments from various potentially affected government ministries and agencies, municipalities, Aboriginal communities and the public. The regulated timelines provide for a 7-week comment period for written submissions to be made to the ministry. The proponent may revise the EA anytime before the completion of the ministry Review.
The ministry Review documents any shortcomings identified by review agencies as well as assesses how the requirements of the Environmental Assessment Act (EAA) have been addressed. The Review will also identify whether the preparation of the EA has been carried out in accordance with the approved ToR. Once the ministry provides a public notice requesting comments on the ministry Review document, the public and agencies have 5 weeks (regulated timeline) to make comments to the ministry on the proposed undertaking, the EA, and the ministry Review. During that time, anyone including the proponent may make a written request to the Minister suggesting: what issues are outstanding; how these might be resolved through specific conditions of approval; or, whether a hearing should be held by the Environmental Review Tribunal (Tribunal).
After the final comment period, the Minister decides whether to:
- refer all or part of the matter to the Tribunal for a hearing, or to another tribunal for a decision
- refer the EA or a particular issue to mediation (anytime during process)
- approve the proposed undertaking and what conditions to impose on the approval or
- refuse to give approval to proceed with the proposed undertaking
If a hearing is not required, the Minister may give approval to proceed with the undertaking or refuse approval of the undertaking. Regulated timelines provide for the Minister to make a decision on an EA submission within approximately 30 weeks of submission to the ministry. Cabinet must ratify the Minister's decision.
If the Minister refers the decision whether to approve the undertaking, or some matter that relates to an application, to the Tribunal for a hearing, the Tribunal must schedule and provide notification of the public hearing. The Tribunal may approve or refuse approval of the undertaking. A decision by the Tribunal comes into effect 28 days after it is issued, unless the Minister, with Cabinet approval, varies the decision or requires the Tribunal to hold a new hearing.
A Joint Board can also be established, under the authority of the Consolidated Hearings Act, in order to eliminate a multiplicity of hearings before different tribunals (such as an EAA matter before the Tribunal, and a Planning Act matter before the Ontario Municipal Board) on matters related to the same undertaking.
For more details visit Environmental Review Tribunal and Ontario Municipal Board.
Mediation is an option to address contentious issues at any point during the environmental assessment (EA) process. Mediation is a more formal next step to follow other informal attempts that have not been able to resolve a dispute. While not all disputes are amenable to the process, when properly approached, mediation can strengthen a proponent's public consultation process, increase trust and accountability among participants, and facilitate a more timely EA preparation, review and approval.
Proponents and participants may jointly choose mediation without involving the Minister (Self-directed Mediation). This would follow a mutually agreed upon process and would involve selecting a mediator.
Although participants are encouraged to conduct Self-directed Mediation whenever possible, the Environmental Assessment Act (EAA) provides for Minister-directed Referred Mediation, bound by a 60-day timeline. This may be at the request of interested participants or the proponent, or as recommended by the ministry. The Minister may appoint one or more persons to act as a mediator to resolve identified contentious issues, including the Environmental Review Tribunal (Tribunal). The EAA also permits the Minister to initiate mediation with respect to the terms of reference and in regard to the Minister's decision on approval of an EA or class EA application.
Once the mediation process itself is complete, the mediator is required to produce a report which is forwarded to the ministry for review and consideration.
Under the EAA, the Minister of the Environment may refer an approval decision or part of an approval decision on an EA to the Tribunal, an independent and impartial tribunal. The Minister may also appoint the Tribunal to act as a mediator to resolve outstanding environmentally contentious issues associated with an EA.
Ontario Regulation 616/98 is a deadlines regulation which provides for timelines which apply to all key decisions in the environmental assessment (EA) review and approval process including:
- approval of the terms of reference
- public and agency comment period on the submission of the EA
- completion of the ministry Review
- public and agency comment period on the ministry Review and
- the Minister's decision on approval of the project
These regulated timelines help provide certainty for all participants in the EA process.
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Last modified: January 22 2009.