B.1 Application

Under the regulation, establishing certain types of electricity facilities are exempt from part II.3 of the EAA if the project is carried out in accordance with the environmental screening processfootnote 6. These projects are set out in sections 9 and 10 of the regulation.

As set out in section 10 of the regulation, certain changes to electricity facilities are also exempt from the EAA if the project is carried out in accordance with the environmental screening process. For a change to an electricity facility listed in section 9 of the regulation:

  • if the change is a significant modification (as described in the regulation), it is subject to the applicable requirements in sections B.2 and B.3 of this environmental screening process (including preparation of a screening and/or environmental review report).
  • if the change is not a significant modification (referred to in this environmental screening process as a minor modification), it is subject to the requirements set out in the addendum provisions in section B.5.2 of this environmental screening process.

A change that is a minor modification to an electricity facility described in section 7 of the regulation is also subject to the requirements set out in the addendum provisions in section B.5.2 of this environmental screening process.

B.2 Screening stage

B.2.1 Commencement

Once a proponent has determined that its project requires review under the environmental screening process and is ready to commence such a review, the proponent shall issue a public notice of commencement of a screening. This public notification is mandatory for any project that is subject to the environmental screening process. The notice is to be placed in a local newspaper(s) with circulation in the vicinity of the project. Where no such newspaper exists, the proponent shall be responsible for determining the equivalent local means of providing adequate notice to the general public, such as a website.

The notice (or an equivalent letter or information package) must also be mailed or delivered to:

  • adjacent landowners and tenants
  • Environmental Assessment Coordinator
  • Indigenous communities
  • other affected government agencies and municipalities
  • other potentially interested or affected parties (such as local interest groups, businesses, and members of the public that may be directly affected by some aspect of the project)

The notice shall include:

  • name of the proponent
  • brief description of the project
  • map showing the project location
  • statement that the project is subject to the ministry environmental screening process for electricity projects
  • contact name, address and telephone number

This notice and any other notice required to be given under the environmental screening process may be combined with other notices required under other statutes, so long as the notice clearly states which notices are being combined and contains all of the information required for each notice.

B.2.2 Conducting a screening

The proponent begins the screening stage by preparing a description of the project for the purposes of the screening process. In describing the project, proponents must include all phases and components of the project, including construction, operation and retirement of the project. It is inappropriate for proponents to break up or piecemeal a larger project into separate components or phases, with each part addressed as a separate project. Therefore, the construction and operation of related facilities such as an access road or fuel handling facilities, and associated activities such as construction traffic, discharge of cooling water, or waste disposal, are to be included as part of the project description. Furthermore, plans for future expansions of the project that are known at the time the environmental screening process is being applied shall be considered as part of the project.

The proponent then applies the screening criteria (found in appendix B of this guide) to the project as it has been described in the project description outlined above. This involves answering a series of questions, based on the screening criteria, to identify the potential for any negative effects on the environment. The screening criteria are presented in the form of a checklist with the option of a “Yes” or “No” response.

Negative environmental effects include the negative effects that a project has, or could potentially have, directly or indirectly on the environment at any stage in the project life cycle. Negative environmental effects may include, but are not limited to:

  • the harmful alteration, disruption, destruction, or loss of natural features, flora or fauna and their habitat, ecological functions, natural resources, air or water quality, and cultural or heritage resources.
  • the displacement, impairment, conflict or interference with existing land uses, approved land use plans, businesses or economic enterprises, recreational uses or activities, cultural pursuits, social conditions or economic structure

In the environmental screening process, the definition of environment is the same as that in the EAA. Environment in the EAA is broadly defined to include air, land and water as well as natural, cultural, social and economic components. The screening criteria reflect this broad definition of environment.

Mitigation measures are not to be considered in concluding that there is No potential negative environmental effect. That is, if the proponent determines that there is a potential environmental effect, but that the effect could likely be addressed through mitigation, the proponent is required to answer “Yes” to the question. This approach will ensure that the potential environmental effects of a project and the proponent’s proposed plans and methods for mitigating and managing any impacts are open to discussion and review by all interested and affected Indigenous communities, members of the public and agencies, and that the proponent has made a binding commitment to implement mitigation measures.

If the answer to any of the screening questions is “Yes, the project has potential to cause negative effects,” the proponent must provide additional information in its screening report to:

  • explain the potential effect(s)
  • methods to mitigate or address the effect(s)
  • whether any net effects are anticipated
  • the significance of any negative net effects, if any

In some cases, the proponent may indicate that no negative environmental effects are anticipated but feel it is necessary to provide additional information in its screening report to explain or support the no negative effects conclusion.

The additional information and analysis which is required for each of the potential environmental effects identified by the screening criteria includes:

  • description of the potential negative environmental effects or concerns (see the glossary for a description of what may constitute a negative environmental effect)
  • description of any standard environmental mitigation or impact management measures that will be used to avoid, reduce, or minimize the environmental effects, concerns or issues
  • identification of any remaining net effects (net effects are those negative environmental effects caused by the project and related activities that will remain after mitigation and impact management measures have been applied)
  • assessment of the significance of any net effects or concerns

A screening can be based primarily on existing or readily obtainable information. It is expected that a proponent will consult with relevant federal and provincial agencies and municipal authorities, appropriately qualified persons, potentially affected or interested individuals, Indigenous communities and the public when completing the screening to ensure the identification of potential effects, proposed mitigation and impact management measures, and assessment of net effects are accurate and acceptable.

A proponent could determine during a screening or while completing the screening report that there remain potential environmental effects or public or Indigenous concerns that require further assessment and resolution. The proponent may decide not to issue a screening report and instead proceed to the environmental review stage of the environmental screening process. In deciding whether to issue a screening report, or to proceed directly to the environmental review stage, the proponent should consider:

  • success of attempts to minimize effects through the selection of the site, the technology, the facility design, or through the use of reasonable mitigation and impact management
  • how effectively the proponent can, or is prepared to, manage any negative effects or resolve issues and address concerns
  • significance of any net effects
  • how commitments to future actions are accepted by government agencies, non-government organizations, the community and affected property owners
  • whether additional studies and analysis are likely to provide tangible results

If an environmental effect or issue identified in the screening process can be more appropriately addressed under another environmental approval (for example, an approval under the Environmental Protection Act), it need not be subjected to detailed analysis and resolution under the screening process. However, it is the proponent’s responsibility to provide sufficient information in the screening report, including a description of how the issue will be addressed through another approval, and what opportunities for consultation will be provided on that subsequent approval decision.

At the completion of the screening stage, the proponent should be in a position to assess the overall environmental advantages and disadvantages of the project. If the proponent determines that there are no likely significant negative effects, no unresolved concerns or issues, and that the project advantages outweigh any disadvantages, it prepares a screening report to document the results of the screening.

B.2.3 Screening report

A screening report shall include the following information:

  • background information including a description of the project, the purpose of the project and an outline of the basic technologies to be used
  • map of the project location
  • description of the local environment and conditions
  • description of any other required approvals and permits
  • completed screening criteria checklist
  • information, analysis and discussion of mitigation and impact management measures for any potential negative effects identified through application of the screening criteria, including an assessment of the significance of any net effects
  • commitments to mitigation, impact management, monitoring and/or further consultation and the mechanisms for their implementation and reporting
  • information on Indigenous, public and agency consultation, including:
    • description of the consultation program and consultation activities or events
    • list of agencies and Indigenous communities contacted or consulted
    • summary of concerns or issues raised, and how they have been resolved or addressed
    • copies of key Indigenous community, public and agency comments
  • description of how environmental effects or issues may be addressed through other required approvals
  • review of the overall environmental advantages and disadvantages of the project, to include discussion of any benefits that may offset negative environmental effects
  • summary of all mitigation, impact management and monitoring commitments (to be used by the ministry for compliance purposes)

Technical reports and other supporting information are not required to be included in the screening report, but must be referenced in the report. Proponents must make supporting information and copies of all correspondence related to the environmental screening process available for public or agency review if requested.

Proponents are encouraged to circulate a draft of the screening report, or relevant sections of the report, to the appropriate agencies and key stakeholders for comment prior to the formal review periods.

B.2.4 Notice of completion of screening report and public review

The screening report must be made available for Indigenous community, public and agency review for a period of at least 30 calendar days in a convenient location(s) in the project area, such as a public library, municipal office or community centre. In addition, the proponent must make the report available on the Internet. The proponent must prepare a public notice of completion of a screening report and publish it in a local newspaper(s) with circulation in the vicinity of the project. Where no such newspaper exists, the proponent shall be responsible for determining the equivalent local means of providing adequate notice to the general public, such as a website.

The notice shall include:

  • the information required for the notice of commencement of a screening:
    • description of the project
    • proponent
    • location
    • that project is being reviewed under the ministry’s environmental screening process for electricity projects
    • contact information
  • the results of the screening (for example, there are no significant negative effects, the proponent intends to proceed with the project subject to mitigation, other commitments and other approvals)
  • the location(s) where the screening report may be reviewed
  • notification that
    • if a concerned party has outstanding environmental concerns about the project, it should raise these concerns with the proponent
    • if the proponent and the concerned party are unable to resolve the matter, the concerned party can make a written request to the minister, copying the Director of the branch to elevate the project to either an environmental review or to a comprehensive EA (A copy of the elevation request must be sent to the proponent)
    • elevation requests must be made in accordance with the provisions set out in the ministry’s environmental screening process for electricity projects
  • the address of the minister and director
  • the last date when requests for elevation will be received

The proponent is required to mail or deliver the notice to:

  • the Environmental Assessment Coordinator
  • Indigenous communities
  • adjacent landowners and tenants
  • all who have expressed an interest in the project

For this purpose, the proponent shall maintain, throughout the screening process, a mailing list of all Indigenous communities, persons and agencies that provide comment and input to the process or otherwise express an interest in the project. The proponent should also mail or deliver the notice to other potentially affected and interested agencies, municipalities, landowners, residents, businesses, and local interest groups, even if they have not previously expressed an interest. The proponent may also choose to provide copies of the screening report directly to participating agencies and affected individuals.

If no requests for elevation of the project have been received at the end of the minimum 30-day review period, the proponent submits a statement of completion to the ministry and retains a copy on site (or in an alternate location where it will be readily available) for the life of the project. For more information on the statement of completion requirements, see section B.4.2. At this point, the proponent has completed the environmental screening process under the EAA, and the project may proceed subject to any other required approvals. The project must be implemented in the manner described in the screening report.

If one or more requests for elevation of the project are received within the 30-day review period by the ministry, the project cannot proceed until the minister makes a decision on the request(s) for elevation. Approvals under the Environmental Protection Act and Ontario Water Resources Act will not be issued and construction of the project cannot commence until the environmental screening process has been successfully completed.

See section B.4.1 of the environmental screening process for more information on elevation requests.

B.3 Environmental review stage

B.3.1 Commencement

A project would proceed to the environmental review stage of the environmental screening process for one of 3 reasons:

  • The proponent may determine, while conducting the screening stage, that there are potentially significant negative environmental effects or issues raised by the public or Indigenous communities that warrant more detailed study and assessment. Rather than complete a screening report the proponent may choose to proceed directly to the environmental review stage and begin more comprehensive studies on those issues.
  • During the 30-day period for public review of the screening report, the proponent receives substantive Indigenous, public or agency comments or concerns about the conclusions contained in the screening report or how certain issues have been addressed and determines that further environmental studies and analysis are necessary to address these concerns before the project can proceed.
  • During the 30-day review period, the minister receives substantive elevation requests from Indigenous communities, the public or government agencies requesting that the proponent conduct a further environmental review of specific environmental effects or concerns associated with the project, and the minister makes a decision requiring the proponent to proceed to the environmental review stage of the environmental screening process.

Upon commencing an environmental review, the proponent must issue a public notice. The notice of commencement of an environmental review must be placed on a website and in a local newspaper(s) with circulation in the vicinity of the project. Where no such newspaper exists, the proponent shall be responsible for determining the equivalent local means of providing adequate notice to the general public. The proponent is required to mail or deliver the notice (or an equivalent letter or information package) to the Environmental Assessment Coordinator, to Indigenous communities, adjacent landowners and tenants, and to all who have expressed an interest in the project. For this purpose, the proponent shall maintain, throughout the screening process, a mailing list of all persons and agencies that provide comment and input to the process or otherwise express an interest in the project. The proponent should also mail or deliver the notice to other potentially affected and interested agencies, municipalities, landowners, residents, businesses, and local interest groups, even if they have not previously expressed an interest.

The notice shall include:

  • the name of the proponent
  • a brief description of the project
  • a map showing the project location
  • a statement that the project is entering the environmental review stage of the ministry’s environmental screening process for electricity projects
  • a brief description of the issues and concerns that will be subject to more detailed study during the environmental review stage
  • where additional information can be obtained
  • a contact name, address and telephone number

B.3.2 Conducting an environmental review

The proponent determines the additional work programs, studies and consultation required to assess environmental effects and address unresolved concerns and issues. The environmental review would be focused to address those matters that have been carried forward from the screening stage. The proponent’s approach to conducting the environmental review should be reviewed with key agencies, Indigenous communities, parties and the affected public, to ensure it will meet the objectives and requirements of the key stakeholders, Indigenous communities and the proponent. Particular attention should be given to parties that successfully requested an elevation of the project from a screening to an environmental review. If during the environmental review stage one or more new issues or potential effects are raised or identified by the public, Indigenous communities or agencies, the proponent should take appropriate actions or measures to assess and address the issues or effects.

During the environmental review stage, the proponent conducts the necessary studies, analysis and assessment of environmental effects. The basic process to identify net effects and assess their significance during the environmental review stage is similar to the screening stage; however, the assessment(s), evaluations and impact management measures may be more complex and the concerns and issues more difficult to resolve. The process at the environmental review stage is:

  • describe the potential environmental effects related to specific environmental concerns
  • conduct necessary data collection, studies and analysis to understand the basis, extent, duration, inter-relationships and magnitude of the potential effects
  • identify, develop and describe environmental mitigation or impact management measures, facility design or layout modifications or other special measures to reduce or minimize the potential effects or concerns
  • determine net effects or concerns that remain once standard and customized mitigation, impact management and issue resolution measures have been applied
  • evaluate the significance of any remaining net effects or concerns
  • consult further with agencies, the public, Indigenous communities, non-government organizations and more to confirm analysis and assessments, commitments to mitigation and resolution of issues
  • conduct an overall assessment of the environmental advantages and disadvantages of the project

Criteria for assessing significance:

  • value of the resource affected
  • magnitude of the effect
  • geographic extent of the effect
  • duration and frequency of the effect
  • irreversibility of the effect
  • ecological and social context
  • potential for adverse impact on Aboriginal or treaty rights

In determining the significance of any negative net effects of the project, the proponent should consider the value or importance of the resource being affected, the magnitude of the effect and its duration, the extent or distribution of the effect, whether the effect can be reversed over time, and the ecological and social context of the effect. In concluding the environmental review, the proponent should assess the overall advantages and disadvantages of the project. Advantages may include positive environmental effects such as community benefits resulting from jobs created by the project, or the use of a renewable and/or non-polluting energy source to generate power. Where a negative environmental effect may be offset by other benefits, this should be evaluated. The report should provide an overall conclusion as to whether the negative environmental effects of the project are acceptable, based on a balanced assessment against all of the screening criteria and the results and conclusions of the environmental review.

B.3.3 environmental review report

Once the proponent determines that it has satisfactorily assessed and addressed all of the negative environmental effects, concerns or issues, it prepares an environmental review report.

If the proponent has previously prepared a screening report and made it available for a 30-day public Indigenous and agency review period, the environmental review report will focus on the activities and results of the environmental review stage. It does not need to contain the completed screening checklist and the related information from the screening stage. However, the environmental review report shall include background information on the project, including the project description, an outline of the basic technologies to be used, a map of the project location, and a description of the local environment and conditions.

The environmental review report shall also contain:

  • results of the analysis, evaluation, and assessment conducted for the subject effects, concerns or issues, including an assessment of the significance of any negative net effects
  • commitments to mitigation, impact management, monitoring and/or further consultation and the mechanisms for their implementation and reporting
  • details of any changes to commitments made in the screening report
  • summary of Indigenous community, public and agency consultation during the environmental review, including:
    • description of the Indigenous communities, public and agency consultation program and consultation activities and events
    • list of agencies contacted or consulted
    • summary of Indigenous community, public and agency concerns or issues, and how they have been resolved or addressed
    • copies of key Indigenous community, public and agency comments
  • description of how environmental effects or issues may be addressed by other required approvals
  • summaries or, where appropriate, complete technical reports supporting the environmental review findings
  • overall assessment of the advantages and disadvantages of the project, to include discussion of any benefits that may offset negative environmental effects
  • summary of all mitigation, impact management and monitoring commitments made during the environmental review stage (to be used by the ministry for compliance purposes)

If a proponent proceeded to the environmental review stage without preparing a screening report, the environmental review report must contain, in addition to the information listed above, the following information and results pertaining to the screening stage:

  • any other required approvals and permits
  • completed screening criteria checklist
  • information, analysis and discussion of mitigation and impact management measures for any potential environmental effects addressed during the screening stage
  • commitments to mitigation, impact management, monitoring or further consultation and mechanisms to ensure their implementation, as determined during the screening stage
  • information on Indigenous, public and agency consultation during the screening stage, including a summary of concerns or issues that were addressed or resolved during the screening stage
  • if the proponent undertook a screening but did not prepare a report, a summary of all mitigation, impact management and monitoring commitments made at the screening stage (to be used by the ministry for compliance purposes)

Technical reports and other supporting information are not required to be included in the environmental review report, but must be referenced in the report. Proponents must make supporting information and copies of all correspondence related to the environmental screening process available for Indigenous community, public or agency review if requested.

Proponents are encouraged to circulate a draft of the environmental review report, or relevant sections of the report, to the appropriate Indigenous communities, agencies and key stakeholders for comment prior to the formal review periods.

B.3.4 Notice of completion of environmental review report and public review

The environmental review report must be made available for Indigenous, public and agency review for a period of at least 30 calendar days in a convenient location(s) in the project area, such as a public library, municipal or band office or community centre. In addition, the proponent must make the report available on the internet. The proponent must prepare a public notice of completion of an environmental review report and publish it in a local newspaper(s) with circulation in the vicinity of the project. Where no such newspaper exists, the proponent shall be responsible for determining the equivalent local means of providing adequate notice to the general public.

The notice shall include:

  • information required for the notice of commencement of an environmental review (description of the project, proponent, location, project is being reviewed under the ministry’s environmental screening process for electricity projects and contact information)
  • results of the environmental review (for example, there are no significant environmental effects, the proponent intends to proceed with the project subject to mitigation, impact management measures, other commitments and other approvals)
  • brief description of any commitments made in the screening report (if a screening was done)
  • the location(s) where the environmental review report may be reviewed
  • notification that:
    • if a concerned party has outstanding environmental concerns about the project, it should raise these concerns with the proponent
    • if the proponent and the concerned party are unable to resolve the matter, the concerned party can make a written request to the minister, copying the director to elevate the project to a comprehensive EA (A copy of the elevation request must be sent to the proponent)
    • elevation requests must be made in accordance with the provisions set out in the ministry’s environmental screening process for electricity projects
  • address of the minister
  • last date when requests for elevation will be received

The proponent is required to mail or deliver the notice to the Environmental Assessment Coordinator, to adjacent landowners and tenants, Indigenous communities, and to all who have expressed an interest in the project. For this purpose, the proponent shall maintain, throughout the screening process, a mailing list of all persons, Indigenous communities and agencies that provide comment and input to the process or otherwise express an interest in the project or were identified by Ontario for consultation purposes. The proponent should also mail or deliver the notice to other potentially affected and interested agencies, municipalities, landowners, residents, businesses, Indigenous communities and local interest groups, even if they have not previously expressed an interest. The proponent may also choose to provide copies of the environmental review report directly to participating agencies, interested persons and Indigenous communities.

If no requests for elevation of the project have been received at the end of the 30-day review period, or minister’s elevation, the proponent submits a statement of completion to the ministry and retains a copy on site (or in an alternate location where it will be readily available) for the life of the project. For more information on the statement of completion requirements, see section B.4.2.

At this point, the proponent has completed the environmental screening process under the EAA, and the project may proceed subject to any other required approvals. The project must be implemented in the manner and consistent with commitments described in the environmental review report.

If one or more requests for elevation of the project are received within the 30-day review period by minister, the project cannot proceed until the minister makes a decision on the request(s) for elevation. Approvals under the Environmental Protection Act and the Ontario Water Resources Act will not be issued and construction of the project cannot commence until the environmental screening process has been successfully completed.

See section B.4.1 of the environmental screening process for more information on elevation requests.

B.4 Changing the project status and process completion

B.4.1 Changing the project status

B.4.1.1 Elevation requests

Members of the public, Indigenous communities or agencies with outstanding concerns regarding a project undergoing the screening process should bring their concerns to the attention of the proponent as early in the process as possible. If concerns are not resolved, the concerned party can ask the proponent to voluntarily elevate the project, either before or during the 30-day review period.

Elevation Requests must be submitted within the 30-day review period after the notice of completion has been issued.

If the proponent declines to voluntarily elevate the project during the 30-day review period, the party may write to the minister to request that the project be elevated. A project at the screening stage, or a project for which an addendum (see section B.5.2) has been prepared, can be elevated to either an environmental review within the environmental screening process, or to a comprehensive EA Projects that have undergone an environmental review, can be elevated to a comprehensive EA. A request to elevate a project must be submitted to the minister and a copy sent to the director and proponent within the 30-day review period after the notice of completion of a screening report or environmental review report has been issued. Requests received after the minimum 30-day review period will not normally be considered. However, requests received after the 30- day review period may be considered if the proponent has failed to ensure proper notification of the opportunity to request that the project be elevated or may be considered in conjunction with requests received during the 30-day review period. In most circumstances, requests for the minister to elevate a project made before the 30- day review period will be considered premature.

The resolution of concerns directly between the proponent and the party raising the concern is always preferable to involving the minister. When outstanding environmental concerns are raised during the 30-day review period, the proponent should be prepared to attempt to resolve the concerns. Where a commitment is made by a proponent to address concerns raised during the review period, the commitment must be documented by the proponent and filed with the proponent’s copy of the screening report or environmental review report (either on site or in an alternate location where it will be readily available). The proponent is required to fulfill any such commitments in the implementation of the project.

If additional time is needed to try to resolve issues, the proponent and the concerned party may agree to continue discussions for a mutually acceptable specified time period beyond the 30-day review period. The proponent shall notify the director that it and the concerned party have agreed to continue discussions, and what the specified time period is. Following the specified time period, if the issues remain unresolved, an elevation request can be made to the minister within a further seven calendar days.

A party requesting that a project be elevated to either an environmental review or to a comprehensive EA must include the following information in a written request to have a project elevated:

  • name of the project and proponent
  • basis of their request
  • whether they are requesting that the project be elevated to an environmental review or to a comprehensive EA (Projects at the screening stage, or for which an addendum has been prepared, can be elevated to either an environmental review or to a comprehensive EA. Projects that have undergone an environmental review can be elevated to a comprehensive EA)
  • specific nature of the environmental concerns on which the request is based
  • benefits of requiring the proponent to undertake an environmental review or comprehensive EA
  • information about any efforts to discuss and resolve these concerns and environmental effects with the proponent
  • details of any correspondence between the party and the proponent
  • any other matters considered relevant by the requesting party

The request shall be sent to the minister, and a copy sent to the director and proponent. Upon receipt of an elevation request, the proponent shall forward a copy of the screening report and/or environmental review report and any other relevant project documentation, to the minister and director. The minister’s review period will commence upon receipt of the necessary information from the proponent.

Requests which are clearly made with the intent of delaying a project, are frivolous or vexatious or which contain insufficient information may be denied by the minister.

When, following a request having been made, the requester’s concerns have been addressed by the proponent, the requester is responsible for withdrawing the elevation request. Written notice of withdrawals must be made in writing to the minister and a copy sent to the director and the proponent. Where commitments are made by a proponent to address a requester’s concern, the commitment must be documented by the proponent and filed with the proponent’s copy of the screening report or environmental review report (either on site or in an alternate location where it will be readily available). A copy of the documented commitment must also be sent to the director. The proponent is required to fulfill any such commitments in the implementation of the project.

If an elevation request is received by minister, the minister will consider the views of the proponent and the requester(s) and may consult other government agencies before making a decision. In making a decision, the minister shall consider the following issues:

  • basis of the request
  • views of other government agencies that have been consulted by the proponent
  • extent and nature of the concern
  • potential for significant negative environmental effects
  • proponent’s screening report and/or environmental review report and any related project documentation
  • proponent’s consultation program and attempts at dispute resolution
  • public benefits of subjecting the project to an environmental review within the screening process or to a comprehensive EA
  • any other matter considered relevant by the minister

Within 30 calendar days of receiving the necessary information from the proponent, the minister, or director for decisions referred to in D and E, will decide to do one of the following things:

  1. minister may deny the request for elevation
  2. minister may deny the request for elevation with conditions
  3. minister may refer the matter to mediation before making a decision
  4. minister or the director may require the proponent to conduct further study before making a decision
  5. minister or the director may require the proponent to conduct an environmental review
  6. minister may require the proponent to prepare a comprehensive EA
Where minister decides to deny request or deny with conditions (decision A or B)

Where the minister has made decision A or B, the minister will notify the proponent and the requester in writing stating reasons for the decision. The proponent must proceed in accordance with the minister’s decision or withdraw the project .

Where minister refers the matter to mediation (decision C)

Where the minister decides to refer the matter to mediation, the minister will notify the proponent and the requester in writing stating reasons for the decision. The minister’s determination of how mediation is to be carried out will be made in accordance with the principles outlined in section 17.14 of the EAA. Within 30 calendar days of receiving a report on the mediation, the minister will, based on the results of that report, decide to:

  • deny the request, with or without conditions (decision A or B above)
  • require that an environmental review report be prepared (decision E above)
  • require the proponent to prepare a comprehensive EA (decision F above)
Where minister requires further study or requires the proponent to conduct an environmental review (decision D or E)

Where the minister has made decision D or E, the minister will notify the proponent and the requester in writing, stating reasons for the decision.

For decision D, the proponent shall carry out the further studies specified and submit them to the minister, copying the director. Following the submission of the studies, provided the minister determines that the studies are complete, the minister will within 30 calendar days decide to:

  • deny the request, with or without conditions (decision A or B)
  • require that an environmental review be conducted (decision E above)
  • require the proponent to prepare a comprehensive EA (decision F above)

For decision E, the proponent will the conduct the environmental review process.

Where director requires further study (decision D)

Where the director decides to require further study by the proponent, the director will notify the proponent and the requester in writing stating reasons for the decision. A request cannot be made to have the decision reviewed by the Minister of the Environment, Conservation and Parks. Within 30 calendar days following the submission of the additional information required satisfactory to the director, the director will decide to:

  • refer the request to the minister for a decision (decision A, B or F above)
  • require that an environmental review be conducted (decision E above)
Where director requires the proponent to conduct an environmental review (decision E)

Where the director has made decision E, the director will notify the proponent and the requester in writing, stating reasons for the decision. The proponent will then conduct the environmental review.

Where minister requires a comprehensive EA (decision F)

In cases where the minister decides a comprehensive EA is required (decision F above), the minister will notify the requester and the proponent in writing stating reasons for the decision to require the proponent to satisfy the requirements of part II.3 of the EAA.The proponent must proceed in accordance with the minister’s decision or withdraw the project

The documentation, analysis and consultation conducted through the environmental screening process can be used by the proponent in preparing the Terms of Reference and a comprehensive EA.

There may be instances where the minister or the director is not able to make a decision within a deadline specified above. The minister’s or director’s decision will not be considered invalid on the ground that the decision was made after any deadline.

B.4.1.3 Minister’s elevation

At any point in the environmental screening process, the Minister of the Environment, Conservation and Parks may of his or her own initiative require that a comprehensive EA be prepared under part II.3 of the EAA for a project (a comprehensive EA). For example, the minister may require the preparation of a comprehensive EA where a project is likely to have significant negative environmental effects and the scope and scale of these effects are such that a comprehensive EA is considered warranted.

If the minister requires a comprehensive EA, the proponent will be informed by written notice stating the reasons for the decision.

B.4.2 Statement of completion

At the end of the environmental screening process, the proponent submits a statement of completion. A statement of completion is submitted to formalize the completion of the environmental screening process when:

  • screening report and/or environmental review report, or an Equivalent Review Process Report (see section B.5.1) was prepared, and no requests for elevation were submitted and no elevation was required on the minister’s own initiative
  • elevation request was submitted and the minister decides not to elevate

Proponents shall complete the statement of completion form found in Appendix E, submit a copy to the director, and retain a copy on site (or in an alternate location where it will be readily available) for the life of the project.

B.4.3 Implementation

Construction of projects that are being carried out in accordance with the environmental screening process cannot begin until the requirements of the environmental screening process have been met.

Once the statement of completion has been submitted, and subject to any other approval requirements, the proponent can proceed to construct the project. The project must be implemented in the manner described in the screening report or environmental review report. Any further commitments the proponent made to address concerns after one of the above-noted reports was prepared must also be fulfilled as the project is implemented. The proponent must also comply with any conditions that the minister imposed in a decision denying an elevation request.

During implementation of the project, the proponent must undertake any monitoring outlined in the screening report or environmental review report. Monitoring is necessary to ensure that the mitigation measures identified in the screening report or environmental review are fulfilled and are effective. The results of monitoring shall be communicated to Indigenous communities, the public and review agencies if required or requested.

B.5 Administrative provisions

B.5.1 Transition provisions

Elevation requests and change to decision maker

In August 2023, this guide was updated to make the minister the decision maker on elevation requests, apart from the decisions to request the proponent to conduct further study or require a project in the screening stage complete an environmental review, which is a decision that can also be made by the director.

Where a notice of completion has been issued and elevation requests have been received by the director prior to August 8, 2023, but no decision has been made by the director, the decision maker on the request shall be the decision maker identified in section B.4.1.1 as amended on August 8, 2023. The minister shall be the decision maker to

  1. deny the request for elevation
  2. deny the request for elevation with conditions
  3. refer the matter to mediation before making a decision
  4. require the proponent to conduct further study before making a decision
  5. require the proponent to conduct an environmental review
  6. require the proponent to satisfy the requirements of part II.3 of the EAA

The director or minister shall be the decision maker to [D] require the proponent to conduct further study before the minister makes a decision or [E] require the proponent to conduct an environmental review.

B.5.2 Addendum provisions

The purpose of the addendum provisions is to require proponents to consider the environmental significance of changes to an electricity project or minor modifications to an electricity facility.

A minor modification is a change that is not a significant modification as set out in the regulation. For example, a change that increases the capacity of a gas-fired generating station by less than 5 megawatts, or that does not increase capacity, would be considered a minor modification.

A proponent must apply these addendum provision in the following circumstances:

  • where an electricity project has been planned in accordance with the screening or environmental review process, and a statement of completion for the project has been submitted, but where a proponent decides prior to or during construction to change the project
  • where an electricity project has been constructed or implemented as described in a completed screening or environmental review report under the environmental screening process, and where the proponent proposes to make a minor modification to a facility that is of a type described in Section 9 of the regulation
  • where an electricity project was approved under part II.3 of the EAA , and the proponent wishes to make a minor modification to the electricity facility that is not covered by the original approval

Note that a minor modification to a facility that did not require approval under the EAA and was constructed prior to April 23, 2001 is not a part II.3 project or subject to the environmental screening process, and therefore is not subject to these addendum provisions.

Proponents shall determine, through technical review and/or consultation with interested and affected parties and Indigenous communities, and by applying the screening criteria set in appendix B, whether the proposed modification to the project may have negative environmental effects. Where it is determined that there will be no negative environmental effects, the proponent shall document that determination. Where it is determined that there may be negative environmental effects, the proponent shall prepare an addendum. The addendum shall reference the original report or EA approval and describe the modification being considered, the circumstances necessitating the modification, the environmental implications of the modification, and what will be done to mitigate any negative environmental effects.

A notice of filing of addendum shall be issued to adjacent landowners and tenants and to all previously involved members of the public, Indigenous communities and review agencies, including the regional Environmental Assessment Coordinator. In the case of a modification to a project planned through the environmental screening process, notice shall be given to all who were notified at the original notice of completion stage. The notice of filing of addendum shall advise the public, Indigenous communities and agencies of their right to request that the modification to the project be elevated to an environmental review or a comprehensive EA, and advise them that such requests must be submitted to the Minister, copying the director in writing, with a copy sent to the proponent, within 30 days.

If no elevation requests are submitted during the 30-day review period for the addendum, the proponent shall complete the statement of completion form and submit a copy to the director and the regional Environmental Assessment Coordinator and place a copy on the project file (the original statement of completion will also remain in the project file).

If no elevation request is received by the minister, the proponent shall complete the statement of completion form and submit a copy to the director and the Environmental Assessment Coordinator.

At this point the modification can proceed to implementation and construction subject to any other approval requirements. The proponent shall keep a copy of the addendum with the original screening report, environmental review report or comprehensive EA approval on site (or in an alternate location where it will be readily available) for the life of the project. Where an elevation request is submitted to the minister, the provisions outlined in section B.4.1.1, with necessary modifications, apply.

During the minimum 30-day review period on the addendum, no work shall be undertaken that will adversely affect the matter under review. Furthermore, where implementation of a project has already commenced, those portions of the project which are the subject of the addendum, or have the potential to be directly affected by the proposed modification, shall cease until the end of the minimum 30-day review period on the addendum.

When a proposed modification to a project is in response to an emergency situation during construction or where a delay in the implementation of the modification would result in negative environmental effects, the modifications can be implemented without delay and affected parties must be contacted. An addendum shall subsequently be prepared for emergency modifications with negative environmental effects. The addendum must document the modification, the circumstances necessitating the modification, the environmental implications of the modification, and what was done to mitigate any negative environmental effects. A copy of the addendum shall be kept with the original screening report or environmental review report, or comprehensive EA approval. A notice of filing of addendum shall be issued to adjacent landowners and tenants and to all previously involved Indigenous communities, members of the public and review agencies, including the Environmental Assessment Coordinator. Requests cannot be made to elevate addenda that are prepared to address emergency situations.

B.5.3 Duration and renewal of screening acceptance

If a project has met the environmental screening process requirements but has not yet reached the start of construction within 5 years of completing the environmental screening process, the proponent shall review the planning and design process and the current environmental setting to ensure that the project and the mitigation measures are still valid. If the review does not identify important changes, the project can proceed without amendments to the screening report or environmental review report. The proponent is required to retain a copy of the review results with the original screening report or environmental review report.

If changes have occurred or modifications are required that may result in negative environmental effects, the review shall be recorded in an addendum to the screening report or environmental review report. Proponents are required to follow the requirements for filing a notice of filing of addendum as outlined in section B.5.2, including consultation with the public, Indigenous communities and agencies, with any with necessary modifications.

B.5.4 Retention of documents

Proponents are required to retain any screening report, environmental review report, or addendum and related notices and statements of completion prepared under the environmental screening process on site (or in an alternate location where they will be readily available) for the life of the project, including decommissioning. Documentation of any commitments the proponent made to address concerns after one of the above noted reports was prepared must also be documented and kept on site, or in an alternate location, for the life of the project. These documents shall be available for inspection by any agency, Indigenous community or interested member of the public. Proponents shall also make supporting documentation and correspondence related to the environmental screening process available for public, Indigenous community or agency review if requested.

Upon request, a proponent shall provide the ministry with a copy of any screening report, environmental review report, or addendum prepared under the environmental screening process, or copies of any commitments made by the proponent to address concerns after one of the above-noted reports was prepared. Proponents shall also provide copies of supporting documentation and correspondence related to the environmental screening process to the ministry if requested.

B.6 Process for amendments to the environmental screening process

The purpose of an amending procedure is to allow for modifications to the environmental screening process. If a proposal is made to extend the application of the environmental screening process to additional projects that were not previously included, an amendment to the regulation would be required.

Changes to the environmental screening process may be either in response to a request that a change be made, or because the director decides on his or her own initiative that such a change is desirable. The following process will be used to make amendments to the environmental screening process:

  • if the director determines that the change being considered is not environmentally significant, they may make the change to the environmental screening process, and notify stakeholders and Indigenous communities of the change
  • notice of the change will be posted on the Environmental Registry of Ontario (ERO) maintained under the Environmental Bill of Rights, and a copy of the amended environmental screening process will be made available on the internet
  • if the director determines that the amendment is environmentally significant, the proposed amendment will be posted on the ERO as a proposal for a policy for a minimum 30-day comment period
  • director will consider any comments received and decide whether or not to make the amendment
  • notice of decision will be posted on the ERO indicating what amendment (if any) was made to the environmental screening process (if the environmental screening process is amended, Indigenous communities and stakeholders will be notified of the change and a copy of the amended environmental screening process will be made available on the Internet)
  • director may decide to compile amendments and consider them jointly in a periodic review of the environmental screening process

B.7 Ministry monitoring

B.7.1 Monitoring implementation

The branch will keep a record of information on the types of projects which follow the requirements of the environmental screening process. The branch will also keep a record of the elevation requests submitted to the ministry and other comments related to the implementation and administration of the environmental screening process. Monitoring implementation will help the branch to identify any modifications or improvements that may need to be made to the environmental screening process.

B.7.2 Monitoring compliance

The ministry will monitor for compliance with the environmental screening process. The ministry will monitor both for compliance with the procedural requirements of the environmental screening process (for example, are proponents providing the required notices, including required information in reports prepared under the environmental screening process), and for compliance with commitments made in proponents’ reports prepared the environmental screening process or otherwise documented by proponents as required by under the environmental screening process.

Footnotes

  • footnote[6] Back to paragraph Projects must be assessed in accordance with the environmental screening process for the project to be exempt from part II.3 of the EAA, including the requirement to prepare a comprehensive EA.