Amendments to Ontario's Environmental Assessment Act

8 Pages·1996·0.11 MB·English

by  Ontario Ministry of the Environment: Communications Branch

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Ministry of Environment and Energy
Amendments
to Ontario's
Environmental Assessment Act
OnJune 13, 1996, Environment and Energy Minister environmentaleffects ofdevelopments by incorpo-
Brenda Elliott announced a package ofproposed rating broad environmentalconsiderations early in
legislative amendments designed to strengthen the their planning, design and implementation.
province's Environmental Assessment (EA) Act. The Act applies to undertakings ofthe province,
The amendments capitalize on 20 years ofenviron- municipalities and public bodies such as Ontario
mental assessmentexperience, and update the Act Hydro and conservation authorities. Most projects
to make it less costly, more timely and moreeffective. relate tobuilding orexpanding infrastructure, such
Environmentalprotection remains theover-riding as transmission lines, sewage treatment plants,
A
objective of the Act. full environmental assess- highways and rapid transit lines, landfills and incin-
ment will stillbe required and the keyelements of erators.
EA are maintained, including thebroad definition Proponents ofprojects are required to prepare
ofenvironment, the examination of alternatives, and submit a detailed environmental assessment
and the Environmental Assessment Board as an document to the Minister ofEnvironment and
independentdecision-maker. Energy for review and approvalbefore they may
Among the improvements, the amendments proceed. In turn, the Ministercan accept and
would: guaranteepublicconsultationfrom theearliest approve the EA, orrefer it to a public hearing before
stage in the process, provide early and clear direc- either the Environmental Assessment Board or a
tion for the kind ofinformation proponents must Joint Board under the Consolidated Hearings Act.
submit, place tight timelines up front for all key The success of a project depends on the contents
steps in the decision making process, harmonize of the EA document prepared. The information that
Ontario's environmental assessment process with mustbe provided is stipulated in the Act and
federal legislation, and specify matters tobe includes a description of:
addressed at a hearing and the date fora decision. If • the purpose ofthe undertaking
passed, the amendments are scheduled to take effect • the rationale for the undertaking
by early 1997. • possible alternatives
• the potential positive and adverseeffects on the
environment
BACKGROUND
• mitigation measures to minimize oreliminate
The purpose of the Environmental AssessmentAct any adverseeffects.
is to protect and conserve Ontario'senvironment
and ensure its wise management in the interest of
the citizens ofOntario. Itminimizes the adverse
®
Ontario

During 20years ofexperience with the environ- • Strict and explicit timeframes wouldbe set forall
mental assessment process, anumberofissues have key steps in the decision making process. This
arisen on a consistentbasis. The primary problems will ensure the process is more predictable and
with the current process, particularly as it applies to decisions are made in a timely manner.
individual EAs for projects like waste disposal sites, • Ontario's environmental assessment require-
are threefold: it can take too long, it can cost too ments would be harmonized with federal legis-
much, and the results can be unpredictable. lation, the Canadian Environmental Assessment
The Environmental Assessment Actwasenacted Act. This willeliminate regulatory overlap and
by the Progressive Conservatives in 1975 with the ensure that one project faces only one
unanimous support of all parties. Since 1989, assessment.
successive governments have attempted to improve • The Minister would be given the power to focus
the process. A government task force, followed by a hearingsby the EA Board. Forexample, the
multi-stakeholder committee, reviewed the Minister could define outstanding environmen-
legislation, surveyed all interested members of tally significant issues that must be addressed by
industry and the general public, and made a number theboard and ensure thathearings are timely.
of recommendations for administrative and • Amendments would allow the Minister to reject
legislative reform. an incomplete or adequately prepared EA.
While some administrative changes were Currently the Minister's only recourse is to refer
adopted inJuly 1993, legislative amendmentshad such submissions to acostly and potentially
been repeatedly postponed until the current package time-consuming hearing.
ofreforms was announced by Mrs. Elliott onJune • The right to use class EAs would be accorded a
13, 1996. firmer legalbasis under theAct. Providing
explicit reference to class EAs will provide legal
clarity and remove the threat offuture legislative
AMENDMENTS TO THE EA ACT
challenges.
The amendments, scheduled to take effectbyearly
1997, are designed to realize the following improve- FOR MORE INFORMATION
ments to the EA process:
• Early public access would be guaranteed to For additional copies ofthis fact sheet, orfor a copy
ensure that those affected are involved from the of the proposed revised Environmental Assessment
earliest stage of the process, thereby minimizing Act, contact:
the likelihood ofconflict later.
• Beforebeginning an individual EA, proponents The Public Information Centre
would be required to prepare and submit for the Ministry of Environment and Energy
Minister's approval a set ofproject-specific 135 St. ClairAve. W.
terms ofreference that would provide practical Toronto, Ont.
direction on the kinds ofinformation to include M4V 1P5
in preparing assessment documents. Once Tel: Toll free at 1-800-565-4923
approved by theMinister, these directions In Toronto at [phone]
would focus attention on the identification and Fax:[phone]
mitigation ofpotential environmental effects, the
scope and level of information required on alter-
natives, and mediation to identify and resolve
issuesearly on. These requirements willbe
binding on all parties and will make the process
more certain.
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