Environmental Assessment

Designating Regulations

From time to time there are projects which are not subject to the requirements of the Environmental Assessment Act (EAA). However, members of the public may request that a proponent or proposed project be designated to the requirements of the EAA, depending on the nature of the project or the level of public interest. The Minister has the ability to recommend to Cabinet that a regulation be made so that the proponent or project is subject to the requirements of the EAA. If the regulation is made, then the proponent would have to submit a terms of reference and associated environmental assessment to the ministry.

The ministry assesses the merits of the designation request and makes a recommendation to the Minister. The proposed regulation would be posted on the Environmental Registry for a minimum of 30 days for public consultation. Cabinet would determine whether the designating regulation should be made, taking into consideration submissions made during the public review period. The Environmental Registry is updated with the decision of Cabinet.