Part A: About this guide and the ECA application process

This guide was developed for persons applying for an Environmental Compliance Approval (ECA).

Activities regulated under the Environmental Protection Act, R.S.O. 1990, Chapter E.19, and the Ontario Water Resources Act, R.S.O. 1990, Chapter O.40, must be carried out in accordance with those Acts, the applicable regulations and the guidelines administered by the ministry. In many cases this requires obtaining an environmental compliance approval under Part II.1 of the Environmental Protection Act (EPA) or registering in the Environmental Activity and Sector Registry (EASR) under Part II.2 of the EPA. The ministry updates these requirements from time to time, as environmental standards and environmental management approaches evolve and develop.

While the ministry makes every effort to ensure the accuracy of the information in this guide, readers should not take any of the information in this guide as legal advice.

Learn how to submit an ECA application.

Purpose of the guide

This guide to applying for an ECA is divided into seven parts:

  • Part A contains general background information, including information about this guide, the ministry’s modernization of the approval process and an overview of the ECA application process, including the requirement for a complete Environmental Compliance Approval (ECA) application.
  • Part B describes general information applicants are required to provide when submitting an ECA application. For example, applicant information, project information, regulatory requirements associated with the proposal, site information, and facility information.
  • Part C sets out the technical information and supporting documents that must be included with different types of projects.
  • Part D provides information specifically about ECAs with Operational Flexibility.
  • Part E provides details on the streamlined approval process for small research and development projects.
  • Part F describes some specific types of ECA applications, such as Transfer of Review, Approvals in Principle Subject to Final Plans and Specifications and Municipal Waste Pilot Projects. You can also find a list of commonly used acronyms.
  • Appendices
    • Appendix 1 includes a checklist to help you decide whether you should seek a Pre-Submission Meeting with the ministry.
    • Appendix 2 lists the municipalities that currently participate in the Transfer of Review program.
    • Appendix 3 provides a sample project description for the Application Summary section.
    • Appendix 4 provides examples of typical waste projects and what they may or may not do under Operational Flexibility.
    • Appendix 5 provides examples of typical sewage works projects and discusses whether they qualify for Operational Flexibility.

Modernizing the approvals process

On October 31, 2011, amendments to the Environmental Protection Act (EPA) and Ontario Water Resources Act (OWRA) came into force, creating an instrument of approval to replace Certificates of Approval. This instrument is the Environmental Compliance Approval (ECA).

The Director no longer issues Certificates of Approval or Provisional Certificates of Approval under the EPA or approvals under section 53 of the OWRA. However, existing Certificates of Approval, Provisional Certificates of Approval and section 53 OWRA approvals and their terms and conditions will continue to apply and they may be amended, reviewed, suspended or revoked as if they were an ECA. Wherever the term Environmental Compliance Approval is used, it also applies to existing Certificates of Approval, Provisional Certificates of Approval and approvals issued under section 53 of the OWRA.

The amended legislation and subsequent regulations brought several other changes to approvals. Many of these are explained throughout this guide.

The ministry Director’s authority to issue an ECA is set out in the EPA, however, the activities that require (or are exempt from) an ECA are governed by the separate Acts—either the EPA or OWRA—and the regulations under those Acts. For example, if you propose to carry out activities for sewage works (activities that might fall under OWRA section 53), the requirement (or exemption) for an approval for the sewage works is still governed by the OWRA, but the Director’s authority to issue an ECA comes from the EPA.

The ECA application

Businesses can apply for one ECA that includes multiple activities and projects types (e.g. air, noise, waste or sewage projects). In other words, ECAs offer a one-window approach for activities that fall under:

  • EPA section 9 (activities that may discharge, or from which may be discharged, a contaminant into the natural environment other than water, which includes most industrial processes or modifications to industrial processes and equipment)
  • EPA section 27 (a waste management system or waste disposal site, hauled sewage disposal site, or processed organic waste (biosolids) disposal site)
  • OWRA section 53 (sewage works)

The ministry created this guide to help you complete the ECA Application and prepare the related documents.

This guide is not intended to help you decide whether you should apply for an ECA, nor does it provide you with legal or technical advice or interpretation of legislation or regulations. Depending on the nature of your business activities, you may need to apply for an ECA or a Renewable Energy Approval, or register on the Environmental Activity and Sector Registry. The ministry encourages you to seek advice and the services of qualified professionals where needed.

The complete application requirement

The ministry will conduct an initial screening of each ECA application submitted to determine whether or not the submission is complete.

Under the Environmental Protection Act (EPA) section 20.14, the Director is not required to consider an ECA application if it does not meet requirements prescribed by the regulations. In other words, if your application is incomplete, the Director can return your application without making a decision to issue an ECA, or can refuse to issue an ECA. You can submit a new ECA application later with the required information.

Ontario Regulation 255/11: Applications for Environmental Compliance Approvals sets out prescribed requirements for an ECA application, which are explained throughout this guide.

When submitting your ECA application, you must provide:

  • all the applicable information requested in the ECA application form
  • a detailed project and process description
  • a summary project description
  • information regarding the site location including ownership, land use and zoning, with some exceptions as noted
  • a site plan, with some exceptions as noted
  • a financial assurance calculation and rationale (supported by a minimum of two third-party quotes for waste transfer/processing sites) if it is required for your type of activity, operation or approval
  • maps, plans and drawings that adhere to minimum information standards
  • certification of the completeness and accuracy of the information

This guide also outlines some of the other supporting information, including consultation requirements and technical materials, that is required for the ministry to undertake a full review of your application.

For example, if required as part of your application, you must:

  • meet all consultation requirements for First Nations and Métis communities and provide a copy of the record of consultation
  • provide a copy of the neighbour notifications for waste disposal sites
  • provide ministry reviewed and accepted hydrogeological studies that demonstrate compliance with Guideline B-7, Reasonable Use Guideline
  • provide ministry reviewed and accepted effluent discharge criteria, developed in accordance with Procedure B-1-5, any assimilative capacity studies and associated monitoring plans

Note: for the ministry reviewed supporting information identified above, you must provide written confirmation from the appropriate Regional Technical Support Section (RTSS) that the required hydrogeological studies and/or surface water studies is/are reviewed and sufficient. Please refer to ‘Pre-submission meeting with the ministry’ below for more information on how to initiate a meeting with RTSS prior to submitting your ECAapplication.

If you do not provide these materials with your application, the ministry will not be able to complete the review process.

For information on complete, high quality applications refer to:

Preparation of documents

You are responsible for obtaining and providing all documents required for a complete ECA application.

Drawings, maps and site plans must show relative sizes and must contain a legend as per the minimum requirement in Ontario Regulation 255/11: Applications for Environmental Compliance Approvals. For example, they may be drawn to scale or marked with dimensions. This requirement applies to any drawing, map or plan whose purpose is to represent real world conditions. They should contain enough information so that the ministry can understand dimensions and relative positioning. Note that conceptual diagrams, such as process flow diagrams, piping and instrumentation diagrams, and schematics are meant to convey ideas rather than dimensional information and are exempt from this minimum requirement.

For clarity, any geographical representation (with the exception of a typical site layout for mobile equipment) should contain enough information for the ministry to determine where the facility is located; this usually requires geographic coordinates and a north arrow, at a minimum. Lastly, where you have prepared technical materials for this application, measurements should be expressed in metric units as per Ontario Regulation 255/11: Applications for Environmental Compliance Approvals. This applies to all the technical material described in Part C - Supporting Documentation and Technical Requirements of this guide. It may not be practical to have material that is obtained from third parties, such as manufacturer’s specifications, historical material or drawings from a previous application converted to metric units; however, any key measurements taken from these materials and used to design your current proposal should be converted to metric units and explained in the technical material for the current application.

You are also responsible for preparing the technical information required to support your ECA application for a complete submission as per legislative and regulatory requirements.

The time it takes the ministry to review your ECA application will depend on:

  • the quality of the application
  • the complexity of the proposal
  • the associated documentation
  • concerns of the district office or ministry supplementary reviewers
  • issues or concerns expressed by the public, First Nations or Metis communities

An ECA is required before you engage in the construction, alteration, extension, replacement or operation of an activity governed by the EPA or OWRA.

The following activities may be exempt from, or have different application requirements than the ECA Application process described in this guide:

Once you have prepared the ECA application, submit it, along with your application fee.

Learn more about fees and how to make a payment.

For more information, you can contact the Client Services and Permissions Branch by telephone at 416-314-8001 (toll-free at 1-800-461-6290 ) or by e-mail at enviropermissions@ontario.ca

Other requirements

It is your responsibility to be aware of and to understand, all legal requirements of the EPA, OWRA and any other legal requirements applicable to your proposed project.

The Director’s issuing of an ECA under one Act does not relieve you from complying with an applicable municipal by-law, or from obtaining any other environmental permissions that you may need under other Acts or provisions. For example, for a proposal that involves discharge of contaminants into the natural environment under EPA section 9 you might need an ECA and you may also require an approval under the Environmental Assessment Act.

Applicants should refer to the Acts and regulations for a comprehensive review of those requirements. Similarly, applicants should refer to other ministry publications for an in-depth understanding of the ministry’s guidelines and procedures.

Knowingly providing false information

It is an offence under section 184 of the EPA and section 98 of the OWRA to give false or misleading information to the ministry related to these Acts or their regulations. A conviction for the offence of providing false information may result in a fine, imprisonment or both.

Historic Certificates of Approval

Any reference in this guide to Environmental Compliance Approval, ECA or Approval should be read as including:

  • Certificates of Approval
  • C of A
  • Cs of A
  • Provisional Certificates of Approval
  • OWRA s. 53 approvals that were issued before EPA Part II.1 came into force

This guide also incorporates by reference other previously issued guides and forms that may refer to Certificates of Approval, Provisional Certificates of Approval or Cs of A. Unless otherwise specified, you should read any such references as meaning an ECA. Similarly, Comprehensive Certificates of Approval should be read as ECAs with Operational Flexibility.

Questions and answers related to applying for an ECA

This section contains useful information for applicants who are new to environmental approvals and for those who have worked with Certificates of Approval but who must now apply under the Environmental Compliance Approval process. The questions are grouped by topic.

Questions about using this guide

1. What is covered in this guide?

This guide only covers applications for an ECA for activities involving air, noise, vibration, waste management systems, waste disposal sites, hauled sewage disposal sites, processed organic waste (biosolids) land application sites and sewage works.

The following topics are not covered:

Questions about the ECA application process

2. What if I am still not sure if I need an ECA?

This guide is meant to help you prepare an ECA application after you have decided to submit one. Depending on the nature of your business activities, you may require other environmental permissions.

It is your responsibility to understand what your obligations are and to be familiar with the legislative requirements that apply to your situation.

If you are not able to confirm if its needed, or get assistance from a qualified person, you may want to seek assistance from your local district office. Use the ministry district locator to find your local district office.

For access to legislation, visit Ontario’s e-Laws website or contact ServiceOntario by telephone at 416-326-5300 (toll-free at 1-800-668-9938 ) or by e-mail at e-laws@ontario.ca.

3. If I still don’t understand how to apply, where can I go for more help?

The ministry’s client services help desk will be pleased to help you. You may contact them at:

Ministry of the Environment, Conservation and Parks
Client Services and Permissions Branch
135 St. Clair Avenue West, 1st floor
Toronto, Ontario
M4V 1P5

E-mail: enviropermissions@ontario.ca

Refer to Environmental Compliance Approval at Ontario.ca for general information about the ECA program.

There are a number of supplemental guides for specific and/or special activities. To determine if there are additional ECA requirements applicable to your project, consult the resources in the More help for applicants section on the page Environmental Compliance Approval at Ontario.ca.

You may also want to contact your local ministry district office. Use the ministry district locator to find your local district office.

Questions about ECAs and a complete ECA application

4. What happens if I miss or leave out a requirement in my application?

If your application is incomplete, the Director may return it to you without making a decision whether to issue your approval or could ask you to supply additional information. If the Director has returned the application without making a decision, you may re-submit the application but would be required to start from the beginning of the approval process.

If the Director or ministry staff have asked you to supply additional information, you will be required to provide the information as instructed before the review of your application can be completed. If the required information is not provided within the timeline requested by the ministry, your application may be cancelled or refused and you would need to submit a new ECA application.

5. How do I know if I have missed a minimum requirement?

If you submit your ECA application online through Public Secure, you will receive an email asking you to access your ministry account to review messages about missing requirements.

For emailed ECA applications, you will receive an email from ministry staff about missing requirements.

6. What would the ministry consider a poor quality ECA application?

Examples of a poor quality ECA application may include, but are not limited to:

  • not including design details in plans (draft or conceptual plans that do not have sufficient detail to demonstrate compliance with the ministry’s requirements are unacceptable; however, final “as built design plans” are unnecessary)
  • not including a consultation summary and supporting information, if required
  • not including other reports that are needed
  • submitting technical reports that provide insufficient detail
  • not including detailed technical information, such as a design report and associated engineering drawings
  • submitting a technical analysis that is inconclusive, i.e. your design and analysis does not show how your proposal is compliant with ministry requirements
  • submitting a technical report that does not outline site-specific conditions, potential environmental impacts and proposed environmental protection measures to meet current regulatory requirements
  • incomplete application payment
  • providing drawings or site specifications that are illegible or difficult to read
  • not explaining acronyms or terms such that the ministry cannot understand your application
  • submitting drawings or other information that had to be prepared by someone with specific technical qualifications, for example, a Professional Engineer or Professional Geoscientist, without a stamp or signature for certification
  • not including the appropriate rationale for your financial assurance estimate, if required
  • not providing a record of consultation with First Nations and Métis communities, if required
  • not including a copy of the neighbour notification for waste disposal sites, if required
  • not including hydrogeological studies, surface water studies, receiver-based effluent limits and associated monitoring plans, if required, and not including written confirmation from the appropriate Regional Technical Support Section (RTSS) that the required report(s) is/are reviewed and sufficient

For more information on complete, high quality applications refer to:

7. What if I am applying to install vertical closed loop ground source heat pumps?

Ontario Regulation 98/12: Ground Source Heat Pumps requires that all installers or drillers of vertical closed loop geothermal systems in Ontario obtain an ECA. The regulation allows for a one time multi-site ECA to accommodate multiple drilling sites in the Province of Ontario.

For more information, refer to Installing vertical closed loop ground source heat pumps at Ontario.ca.

Overview of the ECA application process

The ministry requires considerable time and effort to assess an application for an Environmental Compliance Approval (ECA). To facilitate the efficient service, the ministry will assess the completeness of each ECA application and applications with a significant deficiency will be returned without making a decision regarding whether to issue an ECA. If the Director returns your application because it is incomplete, you will lose valuable time because to re-submit, you will have to start the application process from the beginning.

This section provides an overview of the process from pre-submission to Director’s decision. The figure below shows how ECA applications make their way through the ministry for review.

Figure 1: ECA application review stages

The image is a flowchart of the application review stages which is described below.

Stage 1: Application preparation and pre-submission phase

As the applicant, you are responsible for preparing the ECA application, which includes the ECA application form and supporting documents, such as technical reports.

The ministry has provided this guide to applying for an ECA as well as other guidance materials in the section “More help for applicants” at Environmental Compliance Approval (ECA) at Ontario.ca to help you understand what information is required in order to review and submit a complete ECA application. Other guidance materials are available at Ontario.ca and the Internet Archive.

Pre-submission meeting with the ministry

In some cases, a pre-submission meeting with the ministry may be recommended to help you clearly understand the requirements for your ECA project and make it easier to submit a complete ECA application and avoid delays.

A pre-submission meeting with the ministry is a discussion between an applicant and the ministry before the applicant submits an ECA application. Such discussions are meant to help applicants define the environmental objectives for their project and identify any special cases and approval-related requirements.

A pre-submission meeting with the ministry is not necessary for every application, nor does it necessarily speed up the application process. It can help to clarify the requirements for your ECA project beyond what is mentioned in this guide and other ministry guidance and legislation and regulation. However, applicants should not take any of the information provided as legal advice.

Depending on the type of project, you may need to meet with ministry staff multiple times to discuss ECA application requirements. For example, mineral exploration and development activities typically require multiple technical meetings with the ministry’s RTSS to discuss the scope for the hydrogeological studies, surface water studies, effluent criteria and associated monitoring plans. With complex projects, like the example, early engagement with the ministry during the planning phase of the project and/or prior to the collection of baseline data is recommended to avoid delays during the ECA application process.

It is your responsibility to be aware of and to understand all legal requirements of the EPA, OWRA and other legislation and regulation applicable to your proposed project.

Applicants should refer to the Acts and regulations for a comprehensive review of those requirements. Similarly, applicants should refer to other ministry guidance and publications for an in-depth understanding of the ministry’s guidelines and procedures.

Deciding whether you need a pre-submission meeting with the ministry

Review the Pre-Submission Meeting Considerations Checklist to help you decide whether a pre-submission meeting with the ministry is recommended. It is helpful to review the checklist as early as possible in the ECA application preparation stage.

A pre-submission meeting is strongly recommended, and in some cases, required, for ECA projects that may have:

  • issues of significant public interest
  • First Nations and Métis community interest
  • technical project issues (including new and unique issues):
    • system-wide or multi-site ECA application requirements
    • ECA application requesting Operational Flexibility
    • Hydrogeological studies, surface water studies, receiver-based effluent limits and associated monitoring plans
    • mobile sewage works
  • requirements under the Cumulative Effects Assessment in Air Approvals policy (such as facilities newly locating or expanding operations in Action Level 2 or 3 areas)
  • potential to mitigate an environmental emergency
  • other issues and special cases

If your proposed project could impact water resources, then you will need input from RTSS to determine what additional information is necessary when submitting your application. Examples of the types of ECA applications that may impact groundwater and/or surface water include:

  • new, upgrades or expansion of large subsurface disposal facilities
  • new, upgrades or expansion to sewage works at industrial facilities (e.g. mining, chemical manufacturing, refineries facilities) this includes contact stormwater, non-contact stormwater, process water
  • new, upgrades or expansion of municipal and private sewage treatment plants/lagoons
  • new, upgrades or expansion of landfills
  • new, upgrades, or expansion of liquid industrial and/or hazardous waste transfer and processing sites where liquid waste are being stored in an underground/above ground tank(s)
  • new, upgrades or expansion of hauled sewage (septage) disposal sites (e.g. dewatering trenches, exfiltration lagoons)
  • a change in the location of a discharge point to groundwater or surface water

The information required for a hydrogeological study and/or surface water study is dependent on the type of project being proposed and the sensitivity of the receiver. You should request a pre-submission meeting with the ministry’s RTSS to discuss site-specific requirements and to determine what information is necessary. The time required for RTSS to review these studies will vary depending on the quality of the information and complexity of the project. It is your responsibility to plan for the time to prepare and collect the data for these reports (for example. adequate baseline data for surface water reports may require up to two to three years of field data collection).

Early engagement with RTSS, such as during the planning phase of the project and/or prior to the collection of baseline data, is highly recommended to determine the scope of studies required to assess the potential impacts on water resources.

By identifying and addressing requirements during the preparation of the ECA application you will prevent possible delays in the screening and review process. The documentation generated as part of the pre-submission meeting(s) should be submitted with the ECA application.

How to initiate a pre-submission meeting with the ministry

If you determine that a pre-submission meeting is recommended for your application, the type of ECA project you are proposing will determine which ministry office to contact:

  • Client Services and Permissions Branch
  • the local district office where your project is located

Contact the Client Services and Permissions Branch for a pre-submission meeting for:

  • high profile, priority or major new projects with significant public or municipal interest
  • new technology
  • system-wide or multi-site requirements
  • projects in Action Level 2 or 3 areas, as per the Cumulative Effects Assessment in Air Approvals policy

You can contact the Client Services and Permissions Branch by telephone at 416-314-8001 (toll-free at 1-800-461-6290 ) or by e-mail at enviropermissions@ontario.ca.

Contact the local district office for a pre-submission meeting for projects with:

  • First Nations or Métis community interest
  • hydrogeological studies, surface water studies, receiver-based effluent limits and any associated monitoring plans (The local district office will be the one-window contact that coordinates reviews with RTSS)
  • waste management and/or waste disposal sites

Use the ministry district locator to find your local district office.

The district office or the Client Services and Permissions Branch may call upon, or direct you to, other offices, branches or sections of the ministry to provide input into your ECA application to clarify relevant ministry requirements.

Preparing for a pre-submission meeting with the ministry

In the pre-submission meeting with the ministry you should be prepared to discuss the activities for which an ECA is being sought, including identifying the equipment/process that constitutes your proposal.

When requesting a pre-submission meeting with the ministry, at a minimum, you will need to provide a description of your proposed project, any site plans, and a list of questions/items you are seeking guidance for. This will assist the ministry in identifying staff resources that may need to attend the meeting as well as issues that should be addressed during the preparation of the ECA application, i.e. additional information to mitigate threats to source water. Confidentiality concerns can also be discussed during this meeting.

If you have identified potential negative environmental impacts or impacts to Aboriginal or treaty rights, you may be required to consult with the First Nations and Métis communities. You should be prepared to discuss with the ministry strategies to carry out such consultation.

Consultation requirements

Engaging with interested parties before submitting an ECA application can prevent delays during the application screening and review process. If consultation is held during the review process, the Director cannot render a decision to issue, or refuse to issue an ECA until the consultation has been completed.

Early dialogue and consideration of parties’ concerns also allows for more efficient and timely information exchange. It also gives you more time to formulate effective responses, whether you are building community support, or providing a better explanation of the proposed measures to mitigate or avoid unwanted impacts.

Consultation is most effective when approached as an opportunity to build a trusting and respectful relationship in order to create a platform to discuss and potentially enhance a proposal. As the owner of the proposed activity, you are often in a better position to explain and build support for your proposal. As well, knowledge of the site location, the surrounding properties and the technical details of your proposal may allow you to identify stakeholder interest early and give you sufficient time to develop solutions to any concerns.

When conducting consultations, it is important to note that it is a two-way process—you will be educating the community on the proposal and the community will be educating you on their interests or concerns. Through the consultation process the ministry hopes that you will be willing to listen and address concerns to achieve mutually beneficial solutions.

Public consultation: Environmental Registry of Ontario (ERO) notification

All proposals that are classified as Class II for the purposes of the Environmental Bill of Rights, 1993 (EBR) require public notification on the Environmental Registry of Ontario. See Part B of this guide under the heading Section 6.1: EBR requirements, for more information. However, some proposals undergo additional consultation due to their specific features that may be of interest to the public and/or First Nations or Métis community.

You may have to engage interested parties before an ECA application is submitted or if the Director considers additional consultation necessary. For example, because of comments received through the EBR posting, environmental significance or complexity of the proposal, the Director has the discretion to require additional notification and may require you to hold public consultation as part of the application review process.

Neighbour notification

For waste disposal site proposals (including hauled sewage land disposal sites) that were not subject to public consultation through an environmental assessment process, you must notify adjacent property owners who may be impacted by the issuance of an ECA (also called “neighbour notification”).

As the applicant, you are required to provide adjacent property owners with notification of:

  • the undertaking (a summary of the details of the proposed application)
  • the EPA Part V Director’s contact information:
     

    Attn: EPA Part V Director
    enviropermissions@ontario.ca

    and/or

    EPA Part V Director
    Client Services and Permissions Branch
    Ministry of the Environment, Conservation and Parks
    135 St. Clair Avenue West
    Toronto, Ontario
    M4V 1P5

In your notification letter, you should advise the adjacent property owner that they have 15 days to provide comments on the undertaking, if they choose to do so. Make sure you clearly identify the 15-day comment period on your letter.

If your proposal is subject to the EBR notification requirements, members of the public may also have an opportunity to submit their comments through the ERO proposal posting.

Consultation with First Nations and Métis communities

The Supreme Court of Canada has determined that the constitutional protection accorded Aboriginal rights and treaty rights under section 35 of the Constitution Act, 1982 requires the Crown to consult and where appropriate, accommodate Aboriginal peoples when it has knowledge of an existing or asserted Aboriginal and/or treaty right, and contemplates conduct that may adversely affect that right. Throughout this guide, where reference is made to Aboriginal or treaty rights, the reference is intended to include both existing and credibly asserted rights.

As your project requires regulatory approval, it may trigger the Crown’s duty to consult on decisions that have the potential to adversely impact the Aboriginal and/or treaty rights of First Nations or Métis communities. Early consideration of whether your project could trigger Crown consultation obligations can help avoid delays at later stages of the approval process.

The ministry is ultimately responsible for ensuring the Crown’s duty to consult has been met; however, the Crown may delegate certain procedural aspects of consultation to an applicant. Procedural aspects of consultation refer to the process of carrying out consultation and may, for example, include:

  • notifying First Nations and Métis communities about a project
  • providing information about the potential adverse impacts of a project
  • providing an opportunity for First Nations and Métis communities to identify and provide information regarding any potential impacts on their Aboriginal or treaty rights
  • responding to concerns raised by First Nations and Métis communities
  • considering and/or making changes to a project to avoid, minimize, mitigate or accommodate any potential impact to Aboriginal and/or treaty rights
  • bearing reasonable costs associated with these procedural aspects such as providing capacity support to review project information
  • reporting to the Crown on the consultation undertaken

Where your ECA application triggers the Crown’s duty to consult, the procedural aspects of consultation are generally delegated to you, as the applicant.

The pre-submission meeting with the ministry discussed in this guide can help provide more details about consultation with First Nations and Métis communities and how it may relate to your project.

Where a ministry decision regarding an ECA potentially triggers the Crown’s duty to consult, a pre-submission meeting with the ministry may provide an opportunity to discuss, for example:

  • preliminary list of communities to notify
  • potential extent of consultation owed
  • any consultation conducted to date
  • general expectations regarding consultation

For the ministry to provide a preliminary list of communities for consultation purposes, it must have information about the project in advance such as location and the potential impacts.

If you do not have a pre-submission meeting with the ministry, and your project has the potential to impact Aboriginal and/or treaty rights, the ministry will screen your application upon receipt and may delegate procedural aspects of consultation with First Nations and Métis communities to you at that time.

Where there is a duty to consult, the ministry may not be able to complete its review of your application until you have carried out sufficient consultation.

The nature of the consultation required will vary with the strength of an assertion or the nature of an existing right, and the potential impacts on the exercise of the Aboriginal or treaty rights in question. For example, where adverse impacts are minimal, the extent of consultation required will be more limited. The level of consultation required may be limited to, for example, giving notice and responding to, and documenting questions or concerns raised by communities. Where activities or projects are more complex and potential adverse impacts more significant, more and differing effort may be required to ensure the appropriate and sufficient exchange and consideration of information. This may include, for instance, face-to-face meetings and ongoing dialogue; perhaps requiring mitigation of any potential impacts and further accommodation of impacts to rights. Consultation processes should be flexible and allow time for appropriate exchange of information and meaningful responses.

Consultation efforts with First Nations should typically be first directed to Chief and Council with a copy to technical staff. First Nations and Métis communities may have preferred processes or protocols for consultation that should be respected and considered where possible. If required, the ministry will provide applicants with appropriate contact information for First Nations and Métis communities. However, it is the responsibility of the applicant to ensure this information is still valid at the time that consultation efforts are undertaken. If at any point a community that has not been identified by the ministry requests to be consulted, applicants are encouraged to contact the ministry to discuss and confirm the consultation approach.

Your record keeping of the consultation undertaken or attempted is very important. If consultation as part of a previous process anticipated and addressed impacts associated with the activity proposed in the ECA application, further consultation may not be required—but this should not be assumed in every case. You should keep a detailed record of any and all steps and efforts taken to notify and consult with First Nations and Métis communities, including:

  • the project information that has been provided (such as notices, maps, project description and potential impacts)
  • a log of communications, listing all notification activities (include dates of meetings, copies of letters and details of phone calls), whether contact was in writing or oral, with whom and when, including attempts to communicate that have received no response
  • detailed records of responses received, especially about potential for adverse impacts to Aboriginal and/or treaty rights
  • proposed strategies to address any adverse impacts to Aboriginal and/or treaty rights and community responses to those strategies, and changes—if any—made to the project or application as a result of consultation
  • direction received from the ministry
  • concerns raised and how they were addressed, and in some cases the reasons they were not addressed

The ministry prefers a summary of consultation undertaken, along with an appendix of the detailed record of consultation, to be included as part of the supporting documentation of an ECA application. The ministry may ask to review a proponent’s detailed records at any time prior to making a decision on an ECA application.

One-year service standard

A one-year service standard is in place for higher-risk ECA applications.

The one-year service standard applies whether you submit an ECA application online through Public Secure, or through email. If you submit an ECA application through Public Secure, you can track the progress of your application in your ministry account.

Sometimes during the application screening or technical review process you may be asked to provide additional information, or revise reports, in order for your ECA application to be considered complete or to meet other requirements.

The “stop clock” provision:

  • allows the ministry to stop the clock on the one-year service standard when there are issues related to the application that require additional information to be provided
  • helps deal with unforeseen situations or issues that arise during the application process
  • gives applicants a sense of timing for their approval within the one-year service standard

Note: the clock can be stopped at any time during the application process, including during screening and review. Applicants will be notified as to why the clock was stopped and what is required to resume the application process.

Once the ministry receives the additional information and ensures that it addresses the missing requirement(s), the process resumes and the clock is re-started.

Stage 2: Application screening

The ministry screens all ECA applications for completeness. The applications are screened against legislative and ministry requirements for ECAs. Based on the in-depth assessment, applications can be found to be complete, rejected as having a significant deficiency, or identified as requiring additional information or an additional fee. Only complete ECA applications will be forwarded for technical review.

If the activity proposed in the ECA application is subject to the EBR requirements for public participation, a project description executive summary of the application may be used to outline the summary of the project and process description in the Notice of Proposal to be posted on the Environmental Registry of Ontario. After the ministry deems an application complete, a Notice of Proposal posting will be posted to the Environmental Registry of Ontario, if the application is subject to the EBR requirements.

Public release of application information

Most of the information in an ECA application is considered public information with the exception of the following information, which is considered confidential:

  • an individual’s name
  • telephone number
  • payment information
  • site plans and building drawings for security sensitive sites

The public release of information contained in the ECA application and the documentation attached to the ECA application is subject to the provisions of the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). These Acts define what may be disclosed to the public and what is considered to be confidential. For example, the ministry can keep as confidential trade secrets or scientific, technical or commercial information that has been supplied to the ministry in confidence that could harm the competitive position of an applicant if it was released.

If the applicant is of the view that any part of the application is confidential as defined by FIPPA or MFIPPA, the applicant must identify this on the ECA application form. The applicant must also provide a rationale, including the FIPPA or MFIPPA provision(s) the confidentiality assessment is based on and a redacted version of the ECA application and supporting information. Only the content that is identified as confidential should be redacted.

Information marked confidential may still be requested and disclosed through a Freedom of Information (FOI) request. The FOI process considers issues such as proprietary information, security and public safety. The ministry will handle such requests based on the FOI process requirements.

The public can request to view a copy of the submitted ECA application and supporting documentation while the application is under review by the ministry. The ministry may release the redacted copy without further notice to the applicant.

Stages 3 and 4: Assign and conduct technical review

Once the application is considered complete by the ministry and posted to the Environmental Registry of Ontario (if required), it is assigned for technical review. The technical reviewer(s) performs the technical review of the information and coordinates comments from any supplementary reviewers, as well as comments received via the Environmental Registry of Ontario. Depending on your proposal, a supplemental review may be requested from other ministry or government branches, experts or the municipality in which the proposed activities will take place.

The technical reviewer(s) may determine that additional information is necessary for proper assessment of the application or that the application involves aspects that require submission of additional fees in accordance with the Minister’s requirement for fees with ECAs.

Stages 5 and 6: Approval decision and appeal provisions

The technical reviewer prepares a recommendation to the Director to either approve the application (with a draft ECA) or refuse the application. The Director will review the application package and make the final decision.

Director’s discretion to hold a hearing

The Director has discretion to call a hearing related to an ECA application, regardless of whether the subject of the application falls under EPA subsection 9 or 27 or OWRA section 53. The hearing may be during, or on completion of, the technical review of the ECA application.

Your recourse after a decision

EPA section 139 allows applicants to request a hearing by the Environmental Review Tribunal (ERT) if the Director:

  • refuses to issue an ECA
  • revokes or suspends an ECA
  • imposes terms and conditions in issuing an ECA
  • alters the terms and conditions of an ECA or imposes new terms and conditions on an ECA after it is issued (note that only the terms and conditions that are not substantially the same as the previous ones can be included in a request for a hearing)

You have fifteen calendar days after you are served with the ECA or with a refusal letter to file an appeal of the Director’s decision to the ERT. Information on how to file an appeal is included with all ECAs and refusal letters issued by the ministry.

Rights of residents of Ontario to appeal decisions

In addition to your rights of appeal, residents of Ontario have third-party rights to seek leave to appeal an ECA posted to the Environmental Registry of Ontario under the EBR. Within 15 days of the Director’s decision being posted on the Environmental Registry of Ontario, residents may ask the ERT for leave to appeal a Director’s decision to approve an ECA. For additional information regarding third-party appeals see “The Requirements of the Environmental Bill of Rights for Prescribed Instruments” on the Internet Archive.