Overview
- Environmental assessments are prepared for large-scale, complex projects that have the potential for significant environmental effects and require a ministry approval.
- Streamlined Environmental Assessments Routine projects with predictable and manageable environmental effects that are pre-approved or exempt can follow a streamlined environmental assessment process.
- Declaration Orders Declaration orders change or remove some or all of the Environmental Assessment Act requirements
- Designating Regulations and Voluntary Agreements Projects not subject to the Environmental Assessment Act can be made subject to the act through a designation regulation or through voluntary action.
Individual environmental assessments are typically carried out for large-scale, complex undertakings with the potential for significant environmental effects and major public interest.
Here are the major steps for an individual environmental assessment process:
- Proponent submits a terms of reference
- Proponent prepares an environmental assessment
- Proponent submits an environmental assessment
- Ministry coordinates public, Aboriginal communities and government comments
- Ministry prepares the Ministry Review
- Public inspection of the Ministry Review
- Minister’s decision
- Proponent implements the project and monitors for compliance
Step 1: Proponent submits a terms of reference
A terms of reference (ToR) is the first step in the environmental assessment (EA) process. It is a framework or work plan for the preparation and evaluation of the EA submitted to the ministry for review and a decision. The proponent must submit a ToR summary form with the application.
Consultation with the public, Aboriginal communities and government agencies is mandatory and must be documented and submitted to the ministry.
Ministry staff consults with the public, Aboriginal communities and government agencies, coordinates a technical review of the ToR after submission, and forwards a recommendation to the Minister who decides whether or not to approve the ToR.
The Minister must make a decision on the ToR within 12 weeks from the date of submission to the ministry. The proponent has an opportunity to take a “time out” to amend the ToR.
The Minister can refer a matter to mediation prior to making a decision on the ToR or the proponent can initiate mediation. There is no ability to request that the Minister sends a ToR to a hearing.
Step 2: Proponent prepares an environmental assessment
Once the terms of reference is approved, the proponent may begin preparing the environmental assessment (EA) document.
The EA document includes the results of a proponent's planning and decision-making process. The EA includes the proponent's identification and evaluation of alternatives, their environmental effects, impact mitigation and management measures, and record of consultation.
Consultation with the public, Aboriginal communities and government agencies is mandatory and must be documented and submitted to the ministry.
To ensure compliance, the EA will need to outline how and when all commitments made in the EA will be fulfilled and how the proponent will report to the ministry about compliance.
The proponent can take as much time as needed to prepare the EA document.
Step 3: Proponent submits an environmental assessment
The proponent formally submits its environmental assessment (EA) document to the Ministry of the Environment for review and a decision about whether the project should be approved. Ministry staff will coordinate a review of the EA document. The proponent must submit an Environmental Assessment Summary Form with the application.
Step 4: Ministry coordinates public and government review comments – 7 weeks
During this step, government experts, Aboriginal communities, the public and any other interested party can provide comments on the environmental assessment (EA) document to the ministry
The public has seven weeks to comment on the EA. During this time, the proponent may revise the EA before the ministry completes its review.
Any time during the EA process, the proponent can initiate mediation.
Step 5: Ministry prepares the Ministry Review – 5 weeks
During this step, ministry staff write and publish a review of the environmental assessment document, called a “Ministry Review”. The Ministry Review includes an analysis of all public, Aboriginal community and government agency comments submitted during the seven week comment period, as well as the proponent’s response to the comments. The Ministry Review also discusses how the proponent is in compliance with its approved terms of reference and how the proponent has met the requirements of the Environmental Assessment Act. The ministry has five weeks to write and publish the Ministry Review.
Step 6: Public inspection of Ministry Review – 5 weeks
During this step, government agencies, Aboriginal communities, the public and any other interested party has five weeks to provide comments on the Ministry Review to the Ministry of the Environment. During this time, anyone, including the proponent may:
- make a written request to the Ministry of the Environment identifying any outstanding issues with suggestions for how they might be resolved
- request a hearing
Step 7: Minister’s decision – 13 weeks
Projects that go through the environmental assessment (EA) process require approval from the Minister and Cabinet. The Minister has 13 weeks to make a decision after the five-week comment period ends on the Ministry Review. The Minister has three options:
- Refer it to mediation
- Refer it to the Environmental Review Tribunal for a hearing
- Make a decision to approve, approve with conditions or refuse the EA
All comments received are taken into consideration prior to making a decision.
Step 8: Proponent implements the project and monitors for compliance
Once the project has been approved, the proponent can proceed to obtain other approvals as needed such as approvals under the Planning Act, Environmental Protection Act and Ontario Water Resources Act. The proponent can start construction and must report on how they have complied with their commitments in the environmental assessment and the conditions of their approval.
Learn more
- Code of Practice - Preparing and Reviewing Terms of Reference for Environmental Assessments in Ontario
- Code of Practice - Preparing and Reviewing Environmental Assessments in Ontario
- Code of Practice - Consultation in Ontario's Environmental Assessment Process
- Environmental assessment flow chart
- Hearings
- Environmental assessment project database
