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What is a Comprehensive Environmental Assessment?

Ontario Regulation 284/24

On June 28, 2024, the Province posted the decision and filed Ontario Regulation 284/24 requiring a comprehensive environmental assessment for the York1 Environmental Waste Solutions Ltd.’s proposed project before it can be implemented. The environmental assessment process requires the company to identify potential impacts from the proposed project, possible mitigation measures to address any impacts and opportunities for the local community to submit comments. The project cannot be implemented unless approval is given by the Minister of the Environment, Conservation and Parks (MECP) and the Lieutenant Governor in Council for the project to proceed at the end of the environmental assessment process. https://ero.ontario.ca/notice/019-8417

What is a Comprehensive Environmental Assessment?

The following Ministry of Environment, Conservation and Parks (MECP) website provides a good overview on the steps in an Comprehensive Environmental Assessment (EA): Preparing Environmental Assessments

In short, the EA Act sets out a planning and decision-making process so that potential environmental effects are considered before a project begins. Individual environmental assessments are prepared for large-scale, complex projects with the potential for significant environmental effects and require MECP approval. The EA process includes: the consideration of alternatives, the assessment of environmental effects, and the development of mitigation plans to reduce any potential effects on the environment. Generally, an EA process will normally assess potential effects on the following aspects in a holistic manner, however, the specific items to be studied must be identified on project basis through a Terms of Reference at the onset that must be approved by the MECP:

  • Natural Environment – potential impacts to groundwater, surface water, aquatic resources, species at risk, the atmosphere and climate change
  • Socio-Economic Environment – potential social effects such as odour, noise, visual, dust, litter, agriculture, and the general economy
  • Cultural Environment – potential impacts on cultural and archaeology resources
  • Built Environment – potential impacts on surrounding land uses, transportation networks, haul routes and traffic

The following are the general steps in an Environmental Assessment:

Step 1: Develop and Submit a Terms of Reference

  • The Terms of Reference serves as a framework for the preparation and review of an EA and outlines how a proponent will develop and evaluate alternative methods of implementing the proposal
  • A Proponent must:
    • submit a Notice of Commencement to the Director, Environmental Assessment Branch
    • submit a Terms of Reference summary form
    • consult with the public, Indigenous communities and government agencies
    • document the consultation process and submit to the ministry with the Terms of Reference
    • outline the plan for preparing and evaluating the EA
  • Prepare and submit the Terms of Reference document including:
    • the name and address of the proponent
    • how the EA will be prepared
    • purpose of the study or undertaking
    • description of and rationale for the undertaking and for alternatives
    • description of the existing environment and potential effects of the undertaking
    • assessment and evaluation
    • commitments and monitoring
    • consultation plan for the EA
    • flexibility to accommodate new circumstances
    • other approvals required
  • MECP’s Role:
    • consults with the public, Indigenous communities and government agencies
    • coordinates a technical review of the Terms of Reference document
    • makes a recommendation to the Minister who decides whether or not to approve the Terms of Reference within 12 weeks from the date of submission to the ministry
  • The proponent has an opportunity to take a "time out" to amend the Terms of Reference
  • The Minister can refer a matter to mediation before making a decision or the proponent can begin the mediation process. The Minister can't send a Terms of Reference to a hearing

Step 2: Prepare an Environmental Assessment

  • A Proponent must:
    • submit a Notice of Commencement to the Director, Environmental Assessment Branch
    • prepare the environmental assessment document once the Terms of Reference is approved
    • the environmental assessment document includes:
      • record of consultation
      • a monitoring framework that will be carried out if the undertaking is approved
      • a list of commitments
      • actions to prevent, reduce and manage environmental effects
      • environmental effects that may be caused
      • a review and evaluation of alternatives considered
      • results of the planning and decision-making process
      • the purpose of the project and a description of the undertaking
    • consult the public, Indigenous communities and government agencies
    • There are no limits on how much time a proponent can take to prepare the environmental assessment document.

Step 3: Submit an Environmental Assessment

  • A Proponent must:
    • submit an EA summary form
    • submit the EA document to the Director, Environmental Assessment Branch for review and decision by the MECP

Step 4: Public and Government Review

  • MECP coordinates public and government review of the document submitted.
  • MECP consults with:
    • government experts
    • Indigenous communities
    • the public
    • any other interested party
  • The public has 7 weeks to comment.
  • Any time during the EA process, the proponent or any other interested persons can ask for mediation.

Step 5: MECP Review

  • Includes:
    • a review of all public, Indigenous community and government agency comments
    • the proponent’s response to the comments
    • a discussion on whether the proponent is in compliance with your approved terms of reference
    • how the proponent has met the requirements of the EA Act
  • MECP has 5 weeks to write and publish the Ministry Review.

Step 6: Public Consultation on the MECP Review

  • The public, government agencies, Indigenous communities or any other interested party has 5 weeks to provide comments to the MECP
  • During this time, anyone, including the proponent can:
    • provide written comments to the Ministry of the Environment, Conservation and Parks to identify any outstanding issues with suggestions for how they might be resolved
    • request a hearing

Step 7: Minister’s Decision

  • The EA must be approved by the Minister of the Environment, Conservation and Parks and Cabinet before the project can proceed.
  • Once public comment is finished on the Ministry Review, the Minister has 13 weeks to make a decision.
  • The Minister may:
    • refer it to mediation
    • refer it to the Environmental Review Tribunal for a hearing
    • make a decision to approve, approve with conditions, or refuse

Step 8: Implement the Project and Monitor Compliance

  • After the project has been approved, the proponent will need to gather other approvals as needed.
  • These could include requirements found in the:
    • Environmental Protection Act
    • Planning Act
    • Ontario Water Resources Act
    • Species at Risk Act

When the proponent has received all approvals, construction can begin. The proponent must report on how they have complied with commitments in the EA and the conditions of the approval.