Part A: overview of environmental assessment requirements for electricity projects

A.1 Purpose of part A

The purpose of part A of this guide is to help proponents of electricity projects, consultants, Indigenous communities, the public and other interested parties understand the requirements as set out in the regulation under the EAA. Specifically, part A is designed to assist proponents in:

• determining what EA (if any) apply to a particular electricity project
• providing some overview information about the environmental screening process, which applies to some electricity projects

Users of part A of this guide should note that information on the regulatory requirements of the regulation have been included here for convenience only. The regulation and part B of this guide should be read and used in conjunction with part A of the guide. If there is any conflict between part A, the regulation or the guide, the provisions of the regulation and part B prevail. Official copies of the EAA, the Comprehensive EA Projects Regulation and other acts and regulations may be accessed at Ontario e-Laws.

A.2 Project classification

A.2.1 New project

For the purposes of this guide, the Ministry of the Environment, Conservation and Parks (MECP or the ministry) has classified electricity projects based on:

• the type of fuel to be used
• the size
• in some cases, the efficiency of the planned facility

There are three categories of projects, each with different requirements (see table 1: electricity project classification).

Category A projects are those which are expected to have minimal environmental effects. These projects do not require approval under the EAA and are not designated as being subject to the act in the regulation. Although projects are not subject to the EAA, they are required to comply with any other applicable existing legislative requirements. In addition, if Crown resources are necessary to carry out a project, there may be requirements under the EAA related to the disposition of rights to Crown resources that must also be fulfilled (for example, an environmental review by the Ministry of Natural Resources (MNR) prior to sale of or issuance of authorization for the occupation of Crown land). If there are significant environmental effects associated with a project in category A, the Minister of the Environment, Conservation and Parks can recommend to the Lieutenant Governor (Cabinet) that a regulation be made to designate the project as being a part II.3 project under the EAA, which would require the preparation of a comprehensive EA or such other requirements as may be specified under the EAA. Anyone can request that the Minister of the Environment, Conservation and Parks make a category A project subject to the EAA.

Category B projects are projects that have potential environmental effects that can likely be mitigated. These projects (listed in sections 9 and 10 of the regulation) are subject to the EAA, but proponents of these projects are not required to prepare a comprehensive EA on the condition that they complete the environmental screening process (set out in part B of this guide). If a class EA applies to a category B project (that is, class EA for waterpower projects or class EA for transmission facilities), the proponent must proceed in accordance with the class EA. There are provisions in the environmental screening process to elevate projects from category B to category C.

Category C projects are major projects with known significant environmental effects. These projects require a comprehensive EA. For more information on the steps required to conduct a comprehensive EA, contact the director.

Table 1: Electricity Project Classification

The information in this table is provided for convenience only.

A copy of the regulation should be used in conjunction with this table.

A.2.2 Changes and modifications

Under the regulation, changes (including expansions) to electricity facilities are subject to EAA requirements.

In this guide, changes are grouped into significant modifications and minor modifications. The requirements under the EAA including under the environmental screening process vary accordingly.

Note that if a change (also referred to in this guide as a modification) is subject to an approved class EA, section 11 of the regulation provides that the change is not designated as a part II.3 project. Instead, the change would be subject to the applicable requirements of the approved class EA. Please refer to section 11 of the regulation for the list of exceptions to the designation of electricity projects as part II.3 projects. For example, in addition to the exception related to class EAs, section 11 of the regulation addresses conversions of facilities that use coal, liquid industrial or hazardous waste, municipal waste or oil. Where a facility is being changed so that it will use less of one of these fuels, that change is not designated as a part II.3 project and is not subject to EAA requirements if the name plate capacity of the facility will be less than the maximum name plate capacity determined in accordance with the formula set out in the regulation.

A.2.2.1 Significant modifications

A significant modification is a type of change described in section 6 of the regulation and varies depending on the type of electricity facility. For example, for certain types of generation facilities, a significant modification is a change that would increase the nameplate capacity of the facility above a threshold specified in the regulation.

A significant modification to an electricity facility that is described in section 7 of the regulation is designated as a part II.3 project^{footnote 3[3]} (subject to the exceptions in section 11 of that regulation) and is subject to the requirements of part II.3 of the EAA, including the requirements to prepare a comprehensive EA and to obtain approval to proceed with the project under the EAA. Such a change is considered a category C project in this guide.

A significant modification to an electricity facility described in section 9 of the regulation is designated as a part II.3 project^{footnote 4[4]} (subject to the exceptions in section 11 of the regulation) but is exempt from the requirements of part II.3 of the EAA if the project is carried out in accordance with the environmental screening process. Such a change is considered a category B project in this guide.

A.2.2.2 Minor modifications

In this guide, a minor modification is a change to an electricity facility described in section 7 or 9 that is not a significant modification.

A minor modification to an electricity facility described in section 7 of the regulation or to an electricity facility described in section 9 of that regulation is designated as a part II.3 project^{footnote 4[4]} (subject to the exceptions in section 11 of the regulation) but is exempt from the requirements of part II.3 of the EAA if the project is carried out in accordance with the environmental screening process. Such a change is also considered a category B project in this guide.

A.2.2.3 Certain minor modifications not subject to the EAA

Some projects will have been initiated prior to the now revoked O.Reg. 116/01 (Electricity Projects) coming into force in 2001 and were subject to exemption provisions in that regulation. Similarly, clause 11(1)(f) of the regulation provides for the non-application of part II.3 of the EAA to such projects. Specifically, this clause provides that the following projects are not designated as a part II.3 project:

• Making a change to a generation facility, transmission line or transmission station that was constructed before April 23, 2001, if both:
  • no approval under section 5 of the act, as it read on April 23, 2001, was required to construct the thing
  • the change, together with any other change made since the thing was constructed, is not a significant modification

Refer to section 6 of the regulation for the description of changes that are a significant modification. Additionally, note that in considering whether or not the change is a significant modification for the purposes of this provision, all changes since the thing was constructed must be taken into account.

As a result of clause 11(1)(f) in the regulation, a change to an electricity facility that meets the criteria set out in that clause is not designated as a part II.3 project and is not subject to the EAA, unless the change is subject to a class EA (in which case the applicable class EA applies). For example, for a generation facility that uses natural gas as its primary power source and that was constructed prior to April 23, 2001 without requiring approval to proceed under the EAA, a change (together with any other change made since the facility was constructed) that increases the nameplate capacity of the facility by less than 5 MW would not be subject to the EAA.

A significant modification to an electricity facility is not exempt. For example, for a generation facility that uses waterpower as its primary power source and that did not require EAA approval when it was originally constructed prior to April 23, 2001, a change (together with any other change made since the thing was constructed) that increases the nameplate capacity of the facility by 25% or more is subject to EAA requirements.

A.3 Provisions for waterpower projects

A.3.1 New waterpower facilities

Subject to the exceptions listed in section 11 of the regulation, a proponent who is planning to establish a new waterpower facility is subject to the following EAA requirements:

• Where the facility would have a name plate capacity of 200 MW or more, the project is designated as a part II.3 project and the proponent must prepare a comprehensive EA and obtain approval to proceed under part II.3 of the EAA.
• Where the facility would have a name plate capacity less than 200 MW, the project is not designated as a part II.3 project, as it is subject to the class EA for Waterpower Projects. The proponent must proceed with the project in accordance with that class EA and other applicable requirements in part II.1 of the EAA.

A proponent who is planning to establish a new waterpower facility must also meet the requirements of MNRF's waterpower guidelines. Authorization from MNRF is required under the Lakes and Rivers Improvement Act to locate dams, and under the Public Lands Act, if Crown land is required to create reservoirs. Please consult with the local MNRF office for further information about its waterpower guidelines and how best to integrate its requirements with the class EA for waterpower projects.

A.3.2 Changes to waterpower facilities

A change to an existing waterpower facility that would result in an increase of the name plate capacity of the facility by 25% or more is a significant modification under the regulation.

Subject to the exceptions listed in section 11 of the regulation, a proponent who is planning a change to an existing waterpower facility is subject to the following requirements under the EAA:

• A significant modification of a facility that has a name plate capacity of 200 MW or more is designated as a part II.3 project. The proponent must prepare a comprehensive EA and obtain approval to proceed under part II.3 of the EAA.
• A significant modification to a facility that has a name plate capacity less than 200 MW is not designated as a part II.3 project, as it is subject to the class EA for waterpower projects. Some of these modifications may also trigger MNRF's waterpower guidelines (for example, if a larger footprint for a dam and powerhouse requires a new location approval, or the expansion of a reservoir would result in the occupation of additional Crown land).
• A change to a facility that is not a significant modification (that is, minor modification) is designated as a part II.3 project but is exempt from the EAA subject to compliance with the environmental screening process; except where the class EA for waterpower projects applies, in which case the project is not a part II.3 project and the proponent must proceed in accordance with the class EA and other applicable requirements under part II.1 of the EAA.

A.4 Provisions for transmission facilities

A.4.1 Transmission facilities and the class EA

Sections 9 and 10 of the regulation designate certain projects in respect of transmission lines and transmission stations as part II.3 projects. These part II.3 projects are subject to part II.3 of the EAA (including the requirement to prepare a comprehensive EA), unless the project is carried out in accordance with the environmental screening process. However, section 11 of the regulation excludes certain projects from this part II.3 designation, including any undertakings that are subject to an approved class EA. Therefore, if a transmission line or transmission station project is of a type that is described in sections 9 or 10 of the regulation and yet is also subject to the class EA for transmission facilities, the project is not designated as a part II.3 project but must proceed in accordance with the class EA.

A.4.2 Transmission ancillary to generation

Section 3 (3) of the EAA provides that a project that is designated as a part II.3 project includes any enterprise or activity that is ancillary to the designated project. The regulation sets out the following rules to inform whether an enterprise or activity is ancillary:

• Section 1 (6) provides that an enterprise or activity is not ancillary to a part II.3 project if the proponent of the enterprise or activity is different than the proponent of the project. However, section 1 (7) provides that Section 1(6) does not apply if the proponent of the enterprise or activity and the proponent of the part II.3 project jointly notify the Director that the enterprise or activity is ancillary to the project.
• Section 6(4) provides that establishing or changing a transmission line or transmission station (that is, the transmission activity) as part of establishing or changing a generation facility (that is, the generation project) is an enterprise or activity that is ancillary to the generation project.

This means that, where a proponent is establishing or changing a generation facility that falls in category B and, as part of that project, is establishing or changing a transmission line or transmission station, both the generation and transmission components must be reviewed through the environmental screening process. This will enable the entire project to be reviewed under one process as a single project.

For establishing or changing a transmission line that is ancillary to a generation facility that falls in category B, proponents of such transmission lines are encouraged to examine and evaluate different routes as part of their review under the environmental screening process. Evaluation of alternative routes will assist the proponent in meeting other approvals that may be required for transmission lines (see below). Proponents of projects that include substantial ancillary transmission lines may wish to apply the screening criteria in appendix B of this guide separately to the transmission and generation components of the project (further information on application of the screening criteria is found in section B.2.2).

A.4.3 Other approvals for transmission projects

Further to the requirements of the class EA for transmission facilities or environmental screening process, proponents are responsible for obtaining all other approvals which may be required for transmission lines. Where a connection or modification to a connection to the independent electricity system operator (IESO) administered grid, is proposed, the IESO's connection assessment and approval process applies. The IESO should be contacted for further information on this process.

Under section 92 of the Ontario Energy Board Act, proponents must also obtain leave-to-construct approval from the Ontario Energy Board (OEB) for some transmission lines. Regulation 161/91 under the Ontario Energy Board Act sets out the criteria that determines what sizes of transmission lines require OEB leave-to-construct. Proponents are advised that leave-to-construct approvals are route-specific. Some of the information compiled under the class EA for transmission facilities or environmental screening process may be used as part of the information required by the OEB for a leave-to-construct application. Contact the OEB for additional information on their approval requirements.

If the transmission lines are proposed to occupy Crown land, the local MNRF office will require documentation confirming the completion of requirements under the EAA prior to issuing a land use permit. As part of fulfilling the applicable class EA or environmental screening process requirements, proponents are encouraged to contact the local MNRF office to ensure that data and information on natural heritage and other values in the vicinity of the proposed lines are considered in the planning process.

A.5 Overview of the environmental screening process

A.5.1 General information

The EAA provides for the protection, conservation and wise management of Ontario's environment by establishing a responsible and accountable process for decision-making before a project is undertaken. The 3 processes that have been developed to ensure that the purpose of the EAA is met are:

• Comprehensive EAs
• class EAs
• streamlined processes such as the environmental screening process for certain projects such as electricity projects

The ministry developed the environmental screening process for electricity projects to ensure that the purpose of the EAA is maintained in the review of specified electricity projects while promoting a fair, timely, consistent and predictable process that can be conducted in parallel with other legislative requirements. For proponents, the environmental screening process sets out:

• the required review process
• requirements for Indigenous, public and agency consultation
• requirements for documenting the results of the screening process
• opportunities for Indigenous community, public and agency review of reports
• opportunities to request that projects be elevated

For the steps in the environmental screening process, refer to section A.5.1.1 and A.5.1.2 in this guide.

The environmental screening process applies to all projects listed in sections 9 and 10 of the regulation. In this guide, these projects are referred to as category B projects (see table 1). The environmental screening process also applies to some modifications to electricity projects. Where a project is subject to the class EA for waterpower projects or the class EA for transmission projects, the proponent must proceed in accordance with the applicable class EA instead of the environmental screening process.

This section of the guide provides an overview of the environmental screening process and some guidance to proponents in meeting its requirements. The environmental screening process itself is found in part B of the guide. For a project to be exempt from the EAA under section 12 of the regulation, the provisions of the environmental screening process must be complied with. Proponents can contact the Environmental Assessment Coordinator at the appropriate regional office of the ministry for guidance and advice on the requirements of the environmental screening process (see appendix A for branch contact information).

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 and must be applied to all projects that are subject to the environmental screening process (found in appendix B to this guide).

The environmental screening process is a proponent driven, self-assessment process. The proponent is responsible for determining if the process applies to its project and for determining when to formally commence the process. Depending on the scale and nature of the project, proponents may wish to undertake preliminary consultation and issue scoping prior to formally commencing the screening process. The proponent also determines the time required to adequately conduct the screening process with sufficient agency, Indigenous and public consultation and when it is in a position to issue a screening or environmental review report for consultation and review.

Projects that are subject to the environmental screening process cannot receive approvals under the EPA or OWRA or commence construction until the environmental screening process requirements have been met.

It is recommended that a proponent commence the screening process before project planning, site layout and facility design have progressed too far and before irreversible decisions or commitments are made. Prior to commencing the environmental screening process, a proponent is not prohibited from:

• making other public announcements or statements about the project
• undertaking economic feasibility studies
• initiating private discussions or negotiations
• conducting public, Indigenous community and agency consultations
• conducting environmental studies
• commencing work to obtain other approvals

However, no authorizations for the project may be issued, including under the Environmental Protection Act or Ontario Water Resources Act nor may the proponent commence construction until the requirements of the environmental screening process have been met.

The environmental screening process can be conducted in conjunction with and or coordinated with other approval requirements, studies and activities. For example, it may be possible to coordinate Indigenous and public consultation under the environmental screening process with requirements under other legislation. 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 process, including a description of how the issue will be addressed through another approval, and what opportunities for Indigenous and public consultation will be provided on that subsequent approval decision.

There are 2 possible stages of review required under the environmental screening process, depending on the environmental effects of a project:

• a screening stage
• an environmental review stage

All projects that are subject to the process are required to go through the screening stage which requires proponents to apply a series of screening criteria to identify the potential environmental effects of the project. A more detailed study (an environmental review) is required if potential concerns are raised during the screening stage that could not be readily addressed. The proponent's report under the environmental screening process (either a screening report or an environmental review report) is made available to Indigenous communities, he public and agencies for a minimum 30-day review period. During the review period, Indigenous communities, members of the public and agencies with outstanding concerns will have the opportunity to request that the project be elevated. Projects can be elevated either to an environmental review within the environmental screening process, or to a comprehensive EA. Certain changes to projects may follow the addendum provisions of the environmental screening process.

Because the environmental screening process is a self-assessment process, reports that proponents prepare under the environmental screening process are not approved by the ministry. However, where other approvals are required from the ministry or other issues generally dealt with by the ministry arise during the course of review under the environmental screening process, the appropriate regional office of the ministry will be involved in the consultation process, just as any other affected agency would be. The ministry, as an affected agency, may provide comments or advice to proponents to address the ministry's concerns. The ministry's review will be for the purposes of:

• ensuring that proponents have adequately considered the ministry's mandate including the Environmental Protection Act, Endangered Species Act, 2007, Clean Water Act and Ontario Water Resources Act; regulations under those acts; technical procedures and guidelines; and policy and program areas
• ensuring that the proponent meets the requirements of the environmental screening process
• ensuring that consultation undertaken by the proponent was sufficient and the Crown has met any duty to consult, as applicable, related to the environmental screening process.

As noted above, proponents are not required to submit their final screening reports or environmental review reports to the ministry unless there is a request to elevate the project. In the event of an elevation request, the ministry will thoroughly review the proponent's screening or environmental review report. If no elevation requests are received during the review period, then to complete the environmental screening process the proponent prepares a statement of completion, retains a copy, and submits a copy to the director. Once the statement of completion has been submitted, and subject to any other approval requirements, the proponent can proceed to construct the project, subject to any other required approvals. The project must be implemented in the manner described in the screening report or environmental review report, and the proponent must fulfill any conditions that the minister imposes in any decision not to elevate a project.

In all situations where review under the environmental screening process is required, it is the responsibility of the proponent to ensure that the planning process as set out in the environmental screening process is undertaken. If the proponent does not comply with the planning process, as set out part B of this guide, and proceeds with the project or fails to fulfill commitments made during the environmental screening process in proceeding with the project, then the proponent is in contravention of the EAA. Offences and penalties are set out in section 38 of the EAA.

A.5.1.1 Key Features of the environmental screening process

This section illustrates the key steps in the environmental screening process beginning with the proponent wishing to proceed with a project.

The proponent must first determine if the project is designated under the regulation. If not, the project may proceed without conducting an EA, unless a class EA applies. If it is, the next step is to determine whether the project is subject to the environmental screening process under the Comprehensive EA Projects Regulation (category B). If not, the proponent must prepare a comprehensive EA. If it is, the process continues onto the screening stage.

At the screening stage the proponent:

• applies environmental screening criteria
• consults with Indigenous communities, public and agencies
• identifies methods of mitigating and managing environmental effects

If there are no outstanding environmental effects or issues still to be resolved, the screening report is completed and the project may proceed subject to any other required approvals and provided that no requests to elevate the project are received. If at the end of the screening stage there are unresolved environmental effects and issues, the process continues onto the environmental review stage.

At the environmental review stage, the proponent undertakes more detailed studies and further consultation focusing on outstanding issues and environmental effects. Once the environmental review report is completed, the project may proceed subject to any other required approvals and provided that no requests to elevate the project are received. Section B.4.1.1 provides additional information on elevation requests.

A.5.1.2 Details of the environmental screening process

This section illustrates the detailed steps in the environmental screening process and is to be read in conjunction with the environmental screening process section of this guide.

The process is divided into 4 stages including:

• project classification
• screening stage
• environmental review stage
• elevation of project status

Under the project classification stage (stage 1), the proponent decides to commence the process and determines the project classification (refer to table 1 in part A of the guide and the regulation). Category A projects are not subject to any EAA requirements. Category B projects must follow the environmental screening process and proceed to the screening stage. Category C projects must undergo a comprehensive EA and as such proceed with the preparation of a comprehensive EA.

At the screening stage (stage 2), the proponent:

• prepares and issues a notice of commencement of a screening
• prepares a project description
• applies screening criteria to identify potential negative environmental effects
• consults with Indigenous communities, the public and agencies to identify any issues or concerns

Once the potential negative effects and issues are identified, they are assessed and the proponent develops mitigation and impact management strategies. If at this stage it is determined that the project will cause no significant net effects and all concerns have been addressed, the proponent prepares a screening report that includes the results of the above. After that, the proponent issues a notice of completion of screening report and the 30-day Indigenous community, public and agency review of the report begins. Following the 30-day review, if there are no requests to elevate the project, the proponent submits a statement of completion to the ministry, and the project may proceed subject to any other approvals.

If at the screening stage the proponent determines that the project may cause significant net effects or there are other unresolved concerns, the process moves into stage 3, the environmental review stage. Similarly, if the screening report is completed at the end of stage 2, and there are requests for elevation, the process moves into stage 3.

At the environmental review stage (stage 3), the proponent prepares an environmental review report which is a more thorough assessment of potential negative effects and impacts and attempts at developing resolutions and mitigation strategies. Similar to the previous stage, the proponent issues a notice of commencement at the beginning and a notice of completion when the environmental review report is completed. Following the 30-day review of the environmental review report, if there are no requests to elevate the project, the proponent submits a statement of completion to the ministry and the project may proceed subject to any other approvals. If at this stage there are requests to elevate the project, the proponent may choose to abandon the process and prepare a comprehensive EA.

The final stage of the process, elevation of project status, only applies if there are requests to elevate the project, either at the screening stage or environmental review stage. Elevation requests are initiated by Indigenous communities, the public or review agencies. The minister, and in some cases the director, reviews the elevation requests and makes a decision within the specified timeline. The minister may decide on one of the following:

• deny the request for elevation and the project may proceed
• deny the request with conditions and the project may proceed
• refer the matter to mediation before making a decision
• require proponent to conduct further study before making a decision
• require proponent to conduct an environmental review
• require the proponent to prepare a comprehensive EA

Section B.4.1.1 provides additional information of elevation requests.

A.5.2 Consultation

A.5.2.1 Public consultation

The purpose of public consultation in the environmental screening process is to allow the proponent to identify and address public concerns and issues and to provide the public with an opportunity to receive information about and make meaningful input into the project review and development.

Public consultation is required for all projects that are subject to the environmental screening process. Consultation is necessary for the proponent to:

• properly notify potentially interested and affected stakeholders
• identify and assess the range of environmental and socio-economic effects of the project
• address the concerns of adjacent property owners, interest groups and members of the public that may be directly affected by some aspect of the project

It is the proponent's responsibility to design and implement an appropriate consultation program for the project. The consultation program must provide appropriate opportunities and forums for the public to participate in the screening process. Failure to carry out adequate public consultation or to address public issues or concerns may result in requests to elevate the project.

The applicant's public consultation program should:

• identify potentially affected stakeholders
• describe how the project may affect the environment
• provide appropriate notification to identified stakeholders as prescribed in the environmental screening process
• inform the public where, when and how they can be involved
• identify public concerns and issues related to the project
• address public concerns and issues raised during the program
• document how public input is taken into account in the screening process and in the project planning and development

Public consultation should be commenced early in the screening process and continue throughout the process as necessary. The proponent is required to maintain a record and mailing list of all participants in the consultation process, a record of public concerns and issues, and a record of how any concerns and issues have been addressed during the screening or environmental review stages.

While mandatory public notification requirements are specified in the environmental screening process, other methods of public consultation used are at the discretion of the proponent. The proponent's public consultation program, including methods used to obtain public input and efforts to address or resolve public concerns and issues, may be considered by the minister in the event of a request to elevate the project.

Proponents are encouraged to consider the use of conflict resolution techniques, such as facilitation, negotiation, mediation or arbitration to resolve difficult or contentious concerns and issues during the screening process.

A.5.2.2 Agency consultation

The purpose of agency consultation is to inform and receive input from all government agencies with jurisdiction or a program interest related to a particular electricity project. This may include federal and provincial ministries and agencies and municipalities. It is the proponent's responsibility to identify and consult with the appropriate agencies. Relevant agencies must be provided with copies of the mandatory notices (see section A.6.2.4 below). For a list of agencies that may have jurisdiction or an interest in the review and approval of electricity projects you may contact the branch.

To improve efficiency, proponents are encouraged to combine or coordinate agency consultation required for other approvals with their consultation for the environmental screening process. The environmental screening process can complement and contribute to other agency processes that may apply to an electricity project, such as a review under the Ministry of Natural Resources waterpower program guidelines, an official plan amendment, or review under federal impact assessment legislation. The appropriate agency technical representatives should be contacted regarding their agency's requirements, concerns and technical input, and be kept apprised of the proponent's public consultation program and other opportunities for their agency to participate in the screening process. Proponents are strongly encouraged to circulate relevant sections of the screening report or environmental review report to the appropriate agency contacts for comment prior to the formal review periods. Technical issues should be suitably resolved prior to release of the screening report or environmental review report for formal review. This will help to avoid fundamental concerns or disagreements being raised at a late stage in the screening process.

A.5.2.3 Consultation with Indigenous communities

Consultation with Indigenous communities in the environmental screening process is intended to allow the proponent to identify and address concerns and issues of Indigenous communities and to provide an opportunity to receive information about and have meaningful input into the project review and development. In addition, such consultation is intended to address situations where the Crown may have a duty to consult with Indigenous communities.

It should be noted that whether or not the Crown has a constitutional duty to consult with an Indigenous community, the community may be an interested person for the purposes of consultation under the environmental screening process. References to the public or interested persons in the requirements for consultation should be read to include Indigenous communities. Proponents are expected to consult with all interested and potentially impacted Indigenous communities as described in section A.6.2.1, plus additional consultation may be required to fulfill the Crown's duty to consult, as described below.

To assist proponents in developing a list of Indigenous communities that must be consulted, the proponent should contact the branch using the contact information listed in Appendix A for a list of communities and organizations that proponents will contact.

Aboriginal rights and treaty rights are protected by section 35 of the Constitution Act, 1982. Aboriginal rights stem from practices, customs or traditions which are integral to the distinctive culture of the Indigenous community claiming the right. Treaty rights stem from the signing of treaties with the Crown.

The Crown may have a duty to consult with Indigenous communities in order to satisfy its responsibilities with respect to potential adverse impacts of projects on asserted or established Aboriginal or treaty rights. This guide is not intended to fully describe how any such duty, if triggered, may be discharged. However, the Crown may delegate the procedural aspects of consultation to proponents and recognizes a corresponding responsibility of Indigenous communities to participate in this process, make their concerns known and respond to efforts to address their concerns. To the extent that any Crown duties of consultation are triggered for a particular project, the environmental screening process set out in this guide describes some of the actions and procedural aspects of consultation that proponents are required to take with respect to consultation with Indigenous communities.

In addition, the proponent should contact the ministry if at any time during the process an Indigenous community asserts that the project could adversely affect its Aboriginal or treaty rights, or that there has not been adequate consultation. The ministry will provide direction to the proponentas necessary.

Proponents are expected to document the consultation process with Indigenous communities in the screening report or environmental review report. In addition to the information identified in section A.6.2.1 above, the following information, as applicable and appropriate (that is, not confidential), should be documented with respect to Indigenous consultation:

• any information that was shared by an Indigenous community in relation to its asserted or established Aboriginal or treaty rights and any potential adverse impacts of the proposed activity on such rights
• any proposed project changes or mitigation measures that were discussed and feedback from Indigenous communities on those commitments
• information regarding any financial assistance or other capacity support provided by the proponent to enable participation by Indigenous communities in the consultation
• periodic consultation progress reports or copies of meeting notes if requested by the ministry
• a summary of how the delegated aspects of consultation were carried out and the results

Effects on Indigenous communities are included as one of the screening criteria in appendix B.

A.5.2.4 Mandatory notification

Proponents are required to prepare and issue a notice of commencement at the beginning of a screening or an environmental review to formally announce the project is subject to the environmental screening process and a review is being commenced under the environmental screening process. The notice must provide:

• basic information on the project
• its proposed location
• the proponent
• contact name, address and phone number (the specific notification requirements are described in the environmental screening process in part B of this guide)

The notice must be mailed or delivered to households in the immediate vicinity of the project, Indigenous communities, affected government agencies (including the Environmental Assessment Coordinator). The notice should also be mailed or delivered to other potentially interested persons. For branch contact information, see Appendix A.

Upon completion of a screening or environmental review, the proponent must prepare and distribute a notice of completion. These notices are intended to inform Indigenous communities, the public and government agencies that the proponent has completed a screening or environmental review under the environmental screening process and that the minimum 30-day review period is commencing. The notice must also indicate where copies of the screening report or environmental review report can be obtained or reviewed. The notice must be placed in a local newspaper with circulation in the vicinity of the project (or an appropriate equivalent means of notifying the public where no such newspaper exists, such as a website).

The proponent is required to e-mail, mail or deliver the notice to the Environmental Assessment Coordinator, Indigenous communities and to all persons who expressed an interest in the project. For this purpose, the proponent is required to maintain throughout the screening process a mailing list of Indigenous communities, 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 Indigenous communities, agencies, municipalities, landowners, residents, businesses, and local interest groups, even if they have not previously expressed an interest.

A.5.2.5 Documentation

The following documentation pertaining to consultation must be included in the proponent's screening report or environmental review report:

• a description of the Indigenous, public and agency consultation program and consultation activities/events
• a list of Indigenous communities and agencies contacted or consulted
• a summary of Indigenous community, public and agency concerns or issues, and how they have been resolved or addressed

Technical reports and other supporting information are not required to be included in the screening report or 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.

Further information about Indigenous consultation (see section A.6.2.3) may also be required for the Crown to assess any duty to consult. Proponents should keep a separate Indigenous community consultation record, which tracks consultation with Indigenous communities separately from consultation with interested persons and stakeholders. This will help the ministry assess the proponent's consultation activities with Indigenous communities.

A.5.3 Other legislation

Completion of the environmental screening process does not relieve proponents from the responsibility to obtain any necessary approvals or permits required under other legislation. The process can be viewed as an opportunity to identify the appropriate approval requirements early in the process and to coordinate these requirements. Work on other approvals can proceed in parallel and be coordinated or combined with the screening process. Environmental information, analysis and consultation required for the screening process can be used by proponents in obtaining other environmental approvals and permits. In turn, information compiled for other approvals can be used in preparing reports and documentation under the screening process. However, approvals under the Environmental Protection Act and Ontario Water Resources Act will not be issued until the proponent has successfully completed the environmental screening process.

The following statutes contain provisions that may or do relate to the development, operation or retirement of one or more types of electricity facilities:

• Environmental Protection Act (provincial)
• Clean Water Act (provincial)
• Conservation Authorities Act (provincial)
• Greenbelt Act (provincial)
• Lakes and Rivers Improvement Act (provincial)
• Ontario Water Resources Act (provincial)
• Planning Act (provincial)
• Impact Assessment Act (federal)
• Canadian Environmental Protection Act (federal)
• Fisheries Act (federal)
• Canadian Navigable Waters Act (federal)

For additional information on other requirements related to transmission lines, see section A.4.

Some proposals for approvals under provincial legislation (such as most applications for air emissions under section 9 of the Environmental Protection Act) are a classified proposal for an instrument under the Environmental Bill of Rights (EBR)^{footnote 5[5]}. A classified proposal for an instrument is subject to the public consultation requirements of the EBR, including posting of the proposal on the Environmental Registry of Ontario (ERO). However, even if identified as a classified proposal for an instrument, in certain circumstances some proposals may not be subject to these EBR public consultation requirements.

Of particular relevance to electricity projects is the exception found in s.32 of the EBR. Under this section, where the relevant minister is of the opinion that a classified proposal for an instrument is a step towards implementing an undertaking or project that has been approved under the EAA or exempted from that act by regulation or pursuant to section 15.3 of the EAA, the proposal is not subject to EBR public consultation requirements. Since projects that are carried out in accordance with the environmental screening process are exempt under section 12 of the regulation, a subsequent approval related to such projects is not subject the EBR's public consultation requirements where the relevant minister is of the opinion that the approval is a step towards implementing the project. Proposals for approvals related to electricity projects described as category A (no EA requirements) projects in this guide that are proposals for classified instruments under the EBR remain subject to EBR consultation requirements. The ministry's guides to applying for approvals under the Environmental Protection Act and Ontario Water Resources Act contain further information about EBR exceptions.

It is well beyond the scope and purpose of this guide to outline all the potential legislation and regulatory requirements of electricity projects. It is the responsibility of the proponent to ensure that all requirements are met. The information provided regarding the above legislation is provided for information purposes only and to acknowledge other regulatory requirements that may work in conjunction with the environmental screening process.