[All] Fw: Environmental Assessment Modernization Proposals - Moving to a project list approach and Extending Environmental Assessment Act approvals for certain projects

Fri Nov 26 20:13:36 EST 2021

Hi folks.
The Environment Assessment Act is being updated. The information with ability to comment is below. I saw this section that states:

The amendments that were made to theEnvironmental Assessment Act in July 2020 included an unproclaimed provision imposing a 10-year expiry date for projects that are approved but do not have an expiry date and have not substantially commenced.
I was wondering about gravel pit permits and if that would apply to pit expansions or not?  
Either way great time to chime in on the new policies. 
I would like the EAs to have regard to climate risks because as we have seen in BC, fires and floods, climate events like increased rainfall volumes can dramatically alter the baseline measures of projects pretty quickly. We have the Shand dam managing floods and no flood controls in the Nith. If pits or projects add more water upstream along these systems it could spell big problems for downstream communities. Storm water needs a place to go and if we don’t plan with that thinking it puts dams and bridges and pipelines crossing rivers all at risk. 
During the Korean War the US seeded clouds to extend monsoons and used that as a climate advantage in war. We have a climate issue that could do the same but this is also a matter of National Security Risk too. We need to think long ahead to avoid risks and build resilient communities. 
The email is below. 
Lulu   

Sent from Yahoo Mail for iPhone

Begin forwarded message:

On Friday, November 26, 2021, 6:34 PM, EA Modernization (MECP) <EAModernization.MECP at ontario.ca> wrote:

 <!--#yiv0322913802 _filtered {} _filtered {} _filtered {} _filtered {} _filtered {}#yiv0322913802 #yiv0322913802 p.yiv0322913802MsoNormal, #yiv0322913802 li.yiv0322913802MsoNormal, #yiv0322913802 div.yiv0322913802MsoNormal {margin-top:0cm;margin-right:0cm;margin-bottom:10.0pt;margin-left:0cm;line-height:115%;font-size:12.0pt;font-family:"Calibri", sans-serif;}#yiv0322913802 p.yiv0322913802MsoCommentText, #yiv0322913802 li.yiv0322913802MsoCommentText, #yiv0322913802 div.yiv0322913802MsoCommentText {margin-top:0cm;margin-right:0cm;margin-bottom:10.0pt;margin-left:0cm;font-size:10.0pt;font-family:"Calibri", sans-serif;}#yiv0322913802 a:link, #yiv0322913802 span.yiv0322913802MsoHyperlink {color:#0563C1;text-decoration:underline;}#yiv0322913802 span.yiv0322913802CommentTextChar {}#yiv0322913802 span.yiv0322913802EmailStyle20 {font-family:"Arial", sans-serif;color:windowtext;}#yiv0322913802 .yiv0322913802MsoChpDefault {font-size:10.0pt;font-family:"Calibri", sans-serif;} _filtered {}#yiv0322913802 div.yiv0322913802WordSection1 {}-->
Hello,

I am writing update you regarding the Ministry of the Environment, Conservation and Parks’ ongoing efforts to modernize the environmental assessment program, as well as information about two specific proposals that we are initiating consultation on. 

As you may be aware, the ministry has been consulting on various aspects of environmental assessment modernization since 2019 including proposed amendments to eight class EAs, some exemption regulations, and in September 2020, we began consultations on a proposed list of projects that would be subject to a comprehensive environmental assessment.

I am reaching out to let you know that we are now seeking input on theproposal for moving to a project list approach under the Environmental AssessmentAct (EAA), the proposed Comprehensive EA Projects List regulation. Additionally, we are consulting on theproposal to extend the expiry dateof Environmental Assessment Act approvalsfor certain projects through Minister’s Notices.

Proposed Comprehensive Environmental Assessment Projects Regulation(Designations – Part II.3 Projects)

Following the amendments to theEnvironmental Assessment Act made in July 2020, the ministry began work on the development of a number of regulations, including a regulation that will, if made, identify the projects that are subject to comprehensive environmental assessment requirements. We initially consulted on the proposed list of projects for comprehensive environmental assessments in fall 2020 and we are now consulting on the proposed comprehensive environmental assessment projects regulation and related actions, including posting on the Environmental Registry of Ontario for a 60-day public review and comment period.  The notice for this proposal is attached as a PDF and you can access it online through the following link: https://ero.ontario.ca/notice/019-4219

Proposal to extend the expiry date of Environmental Assessment Act approvals for certain projects

The ministry is also consulting on a proposal to extend the expiry date ofEnvironmental Assessment Act approvals for certain projects.  The amendments that were made to theEnvironmental Assessment Act in July 2020 included an unproclaimed provision imposing a 10-year expiry date for projects that are approved but do not have an expiry date and have not substantially commenced.  Such an approval would expire on the latter of either the date the provision comes into force or 10 years from the date of approval.  For example, for a project that was approved in 2009, if the approval has no expiry date and has not substantially commenced, it would expire on the date the new section of the Environmental Assessment Act comes into force.  

The new section of theEnvironmental Assessment Act also allows the Minister to, by notice, extend the period within which the project is to be substantially commenced, extending the date of expiry.  The Minister is proposing to issue Notices to extend the environmental assessment approval for nine projects by 10 years and is looking for feedback.  Taking the example described above of a project approved in 2009, the proposal would extend the expiry date of the approval to 10 years from the date the notice is issued.

These projects would still need to comply with any conditions of their approval, and obtain any permits necessary in order to proceed. However, if at any time new information or a change in circumstance comes to the attention of the ministry, the Minister may consider this information and, where appropriate, may reconsider the approval and revoke or amend it.

If the proposed notices extending the expiry of the approval is given in respect of the nine projects, the approvals will not expire when the expiry date provisions in the Environmental Assessment Act are proclaimed into force. 

The PDF for this proposal is also attached, listing the projects proposed, and you can access it online through the following link:https://ero.ontario.ca/notice/019-4428. 

. 

Below are the projects proposed for extension to their approval.   

Projects proposed for the 10-year extension

| 
Project Type
  | 
Proponent Name
  | 
Project Name
  | 
EAA Approval Date
  | 
EA requirement if approval expires
  |
| 
Landfill
  | 
The Corporation of H. Dodge Haulage Limited
  | 
H. Dodge Haulage Landfill Expansion
  | 
February 11, 2009
  | 
This project would be subject to an Individual EA process under the current requirements and if the proposed designating regulation is made would be subject to a comprehensive EA (Refer tohttps://ero.ontario.ca/notice/019-4219 for additional information)

  |
| 
Transit
  | 
The Regional Municipality of York
  | 
Markham North South Link Corridor Public Transit Improvements EA (Region of York proponent)
  | 
November 29, 2006
  | 
Regardless of whether the proposed designating regulation is made or not this project would be subject to the

Transit Project Assessment Process (TPAP) or Municipal Class EA (MCEA)

  |
| 
Highway
  | 
Regional Municipality of York
  | 
Transportation Improvements: Donald Cousens Parkway (Markham) to Morningside Avenue (Toronto)
  | 
January 23, 2013
  | 
Regardless of whether the proposed designating regulation is made or not this project would be subject to the MCEA

  |
| 
Transit
  | 
Toronto Transit Commission
  | 
TTC Bloor Danforth Westerly Extension of Subway
  | 
October 27, 1994
  | 
Regardless of whether the proposed designating regulation is made or not this project would be subject to the

TPAP
  |
| 
Transit
  | 
City of Niagara Falls and Niagara Parks Commission
  | 
Niagara Falls People Mover System
  | 
August 8, 2001
  | 
Regardless of whether the proposed designating regulation is made or not this project would be subject to the

TPAP
  |
| 
Transit
  | 
Regional Municipality of Ottawa-Carleton
  | 
Ottawa-Carleton Cumberland Transit Way (Now City of Ottawa)
  | 
May 17, 2000
  | 
Regardless of whether the proposed designating regulation is made or not this project would be subject to the

TPAP or MCEA
  |
| 
Marina
  | 
City of Windsor
  | 
City of Windsor Downtown Marina
  | 
November 27, 1996
  | 
This project would be subject to an Individual EA process under the current requirements and if the proposed designating regulation is made no environmental assessment requirements would apply based on the proposed comprehensive EA threshold of establishing a works (e.g., marina) that alters at least 1 kilometre of shoreline and filling of 4 or more hectares of a lakebed or riverbed.  Refer to https://ero.ontario.ca/notice/019-4219 for additional information.

  |
| 
Highway
  | 
Ministry of Transportation
  | 
MTO Highway 17 (Haley Station to Meath Hill)
  | 
August 25, 2004
  | 
Regardless of whether the proposed designating regulation is made or not this project would be subject to the Ministry of Transportation Class EA for Provincial Transportation Facilities

  |
| 
Electricity
  | 
Ontario Hydro (OH)
  | 
OH Eastern Ontario Transmission Route (East)
  | 
January 29, 1986
  | 
This project would be subject to an Individual EA process under the current requirements and if the proposed designating regulation is made would be subject to a comprehensive EA (Refer tohttps://ero.ontario.ca/notice/019-4219 for additional information)

  |

How can I learn more or comment on the proposals?

Comments can be shared directly with the ministry by e-mail at EAmodernization.mecp at ontario.ca by January 25, 2022 or you may view the proposals on the Environmental Registry of Ontario at the links provided above.

We are committed to keeping you apprised about the environmental assessment modernization initiative as it moves forward, including opportunities to provide input as we continue to build a strong environmental assessment program. We value your perspectives on the environmental assessment program and look forward to your feedback.

Sincerely,

Annamaria Cross

Director, Environmental Assessment Modernization

Environmental Assessment and Permissions Division

Ministry of the Environment, Conservation and Parks 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20211127/2eccffd9/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Moving to a Project List Approach under the Environmental Assessment Act.pdf
Type: application/pdf
Size: 1249650 bytes
Desc: not available
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20211127/2eccffd9/attachment-0003.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: EA Modernization Proposal - Moving to A Project List Approach under the Environmental Assessment Act.pdf
Type: application/pdf
Size: 360312 bytes
Desc: not available
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20211127/2eccffd9/attachment-0004.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Extending the expiry date for Environmental Assessment Act approvals for certain projects _ Environmental Registry of Ontario.pdf
Type: application/pdf
Size: 295446 bytes
Desc: not available
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20211127/2eccffd9/attachment-0005.pdf>