Class Environmental Assessment for Remedial Flood and Erosion Control Projects

Project summary

This class environmental assessment establishes a planning and approval process for a variety of remedial flood and erosion control projects that are carried out by 36 Conservation Authorities across Ontario.

Learn more on the Conservation Ontario website.

Proponent

Conservation Ontario

Location

Ontario, within the jurisdictional boundaries of Ontario’s 36 Conservation Authorities

Type

Conservation authority

Reference number

01027

Contact

• Cindy Batista, Environmental Assessment Branch
• Tel: 437-248-0058
• Toll-free: 1-800-461-6290
• cindy.batista@ontario.ca

Project history

Class environmental assessment—amendment (2024): approved
Expiry of public comment period: May 9, 2023
Amendment date: February 22, 2024

Class environmental assessment—major amendment (2020): submitted
Date submitted: September 30, 2019
Expiry of public comment period: August 22, 2020

Five year review and class EA amendments (2013): approved
Date submitted: December 18, 2012
Expiry of public comment period: February 28, 2013
Decision date: June 10, 2013

Five year review and class EA amendments (2009): approved
Expiry of public comment period: August 20, 2008
Decision date: July 14, 2009

Class environmental assessment (2002): approved
Date submitted:  August 3, 2001
Expiry of public comment period for Ministry Review:  December 14, 2001
Decision date: June 26, 2002

Terms of reference: approved
Date submitted:  May 19, 2000
Expiry of public comment period:  June 29, 2000
Decision date: September 1, 2000

Declaration: granted
Expiry of public comment period:  March 30, 2000
Decision date: May 31, 2000

Class environmental assessment—amendment (2024)

Ontario is modernizing its environmental assessment program to better serve communities now and in the future.

As part of this work, we amended the Class Environmental Assessment for Remedial Flood and Erosion Control projects to, among other things, clarify the description of the class of undertakings.

This and other amendments align the Class EA with:

• amendments to the Environmental Assessment Act
• new regulations made to move to a project list approach for projects that will require a comprehensive environmental assessment

Class EAs continue to provide a framework for consultation, identification of potential impacts and mitigation measures.

The review of the 2020 proposed amendments to this Class EA are ongoing.

Class environmental assessment—proposed major amendment (2020)

We are working with holders of Class Environmental Assessments (Class EA) to propose sensible, practical changes that would ensure environmental protections while eliminating duplication and reducing delays on projects that matter most to Ontario communities.

By looking at smarter ways of working, we’re bringing important public services and infrastructure to communities of Ontario without delay.

To support the government’s modernization initiative, Conservation Ontario has proposed:

• amendments to its Remedial Flood and Erosion Control Projects Class Environmental Assessment (Class EA) to:
  • reduce duplication with existing regulations, including other class environmental assessments
  • align assessment requirements with environmental impact
  • increase efficiency with the environmental assessment process
• four exemption amendments to its Class EA to align with Regulation 334, including:
  • reforestation and woodlot management
  • conservation services
  • floodproofing
  • development of conservation areas and campgrounds
• to exempt the installation of public safety devices around flood and erosion control infrastructure to align with the Municipal Class Environmental Assessment, where the installation of safety projects is a Schedule A and therefore exempt from requirements under the Environmental Assessment Act.

Learn more about the proposed changes.

An information notice related to this public consultation opportunity is posted on the Environmental Registry of Ontario.

The Ministry of the Environment, Conservation and Parks will review and consider all comments received during the comment period.

Five year review and amendments (2013)

On January 30, 2012, Conservation Ontario submitted a five year review report to the Ministry of the Environment (MOE) of the Class Environmental Assessment for Remedial Flood and Erosion Control Projects (Class EA).

As part of the monitoring and reporting conditions of the approval of the Class EA, Conservation Ontario must submit a five year review report to monitor the effectiveness of the Class EA process and to ensure that the Class EA remains current and relevant. The five year review was prepared in a format which is similar to and combines with the Annual Effectiveness Monitoring Report which is submitted on a yearly basis.

The five year review report included several proposed amendments to the Class EA. The proposed amendments to the Class EA were required to update the Class EA in accordance with the requirements of the MOE's Code of Practice for Preparing, Reviewing and Using Class Environmental Assessments in Ontario. Key revisions include: rewriting and updating the Aboriginal consultation section; revising the amending procedures to include minor and major amendments; and, updates to the Part II Order provisions. Other revisions included editorial changes and updates to reflect the amended federal EA process.

The proposed amendments to the Class EA, and the amended Class EA were posted for a 30 day review and comment period between January 29, 2013 and February 28, 2013. An Information Notice was been posted on the Environmental Registry under Registry Number 011-7943, providing notice of the proposed amendments to the Class EA.

All comments received during the comment period were considered as part of the decision making process by the Minister of the Environment. The amended Class EA will be made available on Conservation Ontario’s website.

Five year review and amendments (2009)

On January 31, 2007, Conservation Ontario submitted a five year review report of the Class Environmental Assessment for Remedial Flood and Erosion Control Projects (Class EA).

As part of monitoring and reporting conditions of the approval of the Class EA, Conservation Ontario must submit a five year review report to monitor the effectiveness of the Class EA process and to ensure that the Class EA remains current and relevant. The five year review was prepared in a format which is similar to and combines with the Annual Effectiveness Monitoring Report which is submitted on a yearly basis.

The five-year report includes several proposed amendments to the Class EA. These amendments include:

• the addition of details on the federal-provincial Environmental Assessment coordination process to address changes to the Canadian Environmental Assessment Act;
• additional details on aboriginal notification requirements, including participation, relations, and reference information;
• modifications to the public notification requirements; and
• modifications to the provisions for changing project status (i.e., Part II Order requests).
• The public and review agencies had until August 20, 2008 to provide the Ministry of the Environment with comments about the proposed amendments to the Class EA. Upon the expiry of this comment period, the public and agency submissions were evaluated and the Ministry forwarded a recommendation to the Minister of Environment.

As per the provisions in the Class EA and condition 6 of the 2002 approval, the Minister approved the amendments to the Class EA on July 14, 2009. The proponent can proceed with the proposed amendments to the Class EA and the updated document will be made available on Conservation Ontario’s website.

Class environmental assessment (2002)

On August 3, 2001, Conservation Ontario submitted a new Class Environmental Assessment (Class EA) for Remedial Flood and Erosion Control Projects for approval under the Environmental Assessment Act. This Class EA establishes a planning and approval process for a variety of remedial flood and erosion control projects that are carried out by 38 Conservation Authorities across Ontario.

Phase I of this approval process involved the development of, consultation on, and approval of a Terms of Reference (ToR) for the preparation of a new Class EA. The ToR, which was approved on September 1, 2000, has guided the preparation of the new Class EA.

Phase II involved the preparation of the new Class EA by revising the 1993 Class EA for Remedial Flood and Erosion Control Projects. This revision was based upon further consultation and resolution of the issues identified in the approved ToR. The proposed revisions were circulated for review as a draft Class EA (February, 2001) in March/April, 2001, and additional amendments were made based upon the comments received. The final Class EA reflects the results of the review of the draft Class EA.

Phase III was initiated by the submission of the final Class EA to the ministry for public/agency review and approval.

Get details on the notice of approval.

Terms of reference

In March 1993, the Class Environmental Assessment for Remedial Flood and Erosion Control Projects (Class EA) was approved under the Environmental Assessment Act (EAA) for use by the Conservation Authorities of Ontario. An extension of the approval was granted to February 3, 2000, and a further extension was requested in July 1999. Conservation Ontario (formerly the Association of Conservation Authorities of Ontario) is required to obtain a new EAA approval for the class of undertakings currently covered under the Class EA.

There are 38 Conservation Authorities (CAs) in Ontario which have been established and governed through the Conservation Authorities Act. Together, they are responsible for establishing and undertaking programs to further the conservation, restoration and management of natural resources on a watershed basis.

In satisfying this mandate, CAs undertake remedial flood and erosion control projects within their jurisdictional boundaries. Examples of these types of projects are outlined in Table 2 (page 9) of the 1993 Class EA. They address riverine flooding, riverine and valley slope erosion, shoreline flooding, and shoreline erosion. All projects address existing problems in developed areas and are required in order to protect human life and property from an impending flood or erosion problem.

Forty-six projects were initiated under the 1993 Class EA between March 1993 and August 1999. Generally, CAs utilizing the Class EA were satisfied with the process as outlined in document. Thus, the Terms of Reference for the revision of this Class EA will focus on reflecting legislative and organizational changes, and process efficiencies.

Get details on the notice of approval.

Declaration order

On May 31, 2000, the Minister, with the concurrence of Cabinet, approved the Declaration Order ACAO-3-1 under Order In Council 1061/2000 to allow Conservation Authorities in Ontario to continue to proceed with remedial flood and erosion control projects under the procedures set out in the now expired Class Environmental Assessment. Without a Declaration Order, these activities would require an Individual Environmental Assessment (EA) to be developed or the projects may not be initiated until a new Class EA is approved under the Environmental Assessment Act. The previous Declaration Order, under which these projects were formerly permitted, expired on February 4, 2000. This new Declaration Order would require Conservation Ontario to submit a new Class EA by August, 2001.