Both private and public sector electricity projects are subject to the requirements of the Environmental Assessment Act (EAA) through the electricity projects regulation.
There are two streamlined environmental assessment (EA) processes that apply to electricity projects:
- class EA processes for small waterpower projects and transmission lines
- the Electricity Projects Regulation for example natural gas projects
Renewable energy projects such as wind, solar, landfill gas projects and bio-energy facilities are subject to a renewable energy approval under the Environmental Protection Act.
Under the regulation, electricity projects fall into the following EA process streams.
- Exempt – projects that have a low risk to affect the environment are not subject to any EAA requirements.
- Exempt but must complete an environmental screening process – projects that may have some environmental effects that can be easily mitigated or managed are required to complete the "environmental screening process" (e.g. natural gas projects).
This process requires proponents to identify and evaluate the potential environmental effects of their projects, consult with interested persons, and outline possible mitigation measures. Proponents then prepare a screening report or a more detailed environmental review report.
During the public review period (after Notice of Completion is published), there is an opportunity to make an elevation request.
- Must complete an EA – projects that are likely to have significant environmental effects are required to prepare an individual EA (e.g. large waterpower and large transmission projects)
Elevation Requests
There is an opportunity for anyone to ask that a project be elevated to an environmental review report or individual environmental assessment (EA) following an environmental screening process under the electricity regulation.
An elevation request should only be made when there are outstanding significant environmental issues that cannot be resolved through discussions with the proponent or through mediation.
The request must be made in writing to the Director of the Environmental Assessment and Approvals Branch during the public review period after the Notice of Completion of the screening report is issued. Ministry staff will review the request, consult with appropriate persons and make a recommendation to the Director.
The Director can:
- refer the matter to mediation
- require further studies or require an environmental review report
- deny the elevation request
- impose conditions when the request is denied
- require that an individual EA be prepared
Requests may also be made to the Minister to review the Director's decision on an elevation request for projects following the environmental screening process for electricity projects.
