Environmental Assessment

Electricity Projects Regulation (Ontario Regulation 116/01)

In 2001, both private and public sector electricity projects were made equally subject to the requirements of the Environmental Assessment Act (EAA) through the Electricity Projects Regulation (O. Reg. 116/01) and the Guide to Environmental Assessment Requirements for Electricity Projects. Most renewable energy projects such as wind, energy from waste and biomass facilities previously planned under the EAA are now subject to a Renewable Energy Approval with the exception of waterpower projects which are either planned under the Waterpower Class EA or require an approval of an environmental assessment (EA) under the EAA.

Ontario Regulation 116/01 still sets out the EA planning process for some electricity projects (e.g. natural gas) and determines the categories of assessment based on capacity, fuel type and potential for significant environmental effects. It is a proponent-led self-assessment process similar to the class EA process.

Projects that may have relatively benign environmental effects are not subject to any EA requirements. Projects that may have some environmental effects that can be easily mitigated or managed are required to complete the Environmental Screening Process. Projects that are likely to have significant environmental effects are required to complete the EA process as outlined in Part II of the EAA.

Proponents following the Environmental Screening Process identify and evaluate the potential environmental effects of their projects, consult with interested persons, and outline possible impact management measures. Proponents then prepare a Screening Report or a more detailed Environmental Review Report.

These reports are made available for public and government agency review. During the review period, those with outstanding concerns have an opportunity to submit an elevation request, requesting that the project undergo a more rigorous review. If the Director elevates the project, then the proponent must prepare and submit to the ministry a terms of reference and EA for review and a decision. If the project is not elevated, then the proponent can proceed to obtain other approvals as required for the undertaking.

If the requester is not satisfied with the Director’s decision, they may ask the Minister to review the Director’s decision.

• Ontario Regulation 116/01
• Guide to Environmental Assessment Requirements for Electricity Projects
• Ontario Regulation 360/09