Part B: Environmental screening process

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B.1 General information

Part B of the guide, which includes schedule I, sets out the requirements of the environmental screening process for waste management projects. The environmental screening process is a proponent driven, self-assessment process. If a proponent is relying on the exemption in section 25 of the Comprehensive Environmental Assessment Projects Regulation (regulation), the proponent must be satisfied that its project meets the description of projects in the class of projects that are exempt, subject to complying with the part of the guide the environmental screening process.

In making this determination, and defining the project, proponents are not to break up or “piecemeal” a larger project into separate components or phases, with each part addressed as a separate project. Section 3 (3) of the EAA provides that a designated project includes any enterprise or activity that is ancillary to that project. Proponents are also responsible for determining when to formally commence the process. Depending on the scale and nature of the project, proponents may wish to conduct preliminary consultation and issue scoping prior to commencing the environmental screening process. The proponent also determines the time required to adequately conduct the environmental screening process with sufficient consultation and when it is in a position to issue an environmental screening report for review by government agency, Indigenous communities and interested persons. It should be noted that whether or not the Crown has a constitutional duty to consult with an Indigenous community, the community or members of it may be interested persons or concerned persons for the purposes of consultation in the environmental screening process. References to interested persons or concerned persons in the requirements for consultation include Indigenous communities.

It is recommended that a proponent commence the environmental screening process before project planning, site layout and project design have progressed too far and before irreversible decisions or commitments are made. Proponents should contact the appropriate Environmental Assessment Coordinator as the first point of contact for guidance on the requirements of the environmental screening process.

A proponent is not prohibited from making other public announcements or statements about the project, project economic feasibility studies, initiating private discussions or negotiations, consultations with government agencies, Indigenous communities, or interested persons, environmental studies or commencing work to obtain other approvals prior to commencing the environmental screening process.

Proponents are encouraged to conduct the environmental screening process concurrently with applications for other approvals. If an environmental effect or issue identified in the environmental screening process is also being addressed under another environmental approval (for example, an approval under the EPA), proponents should describe the other approvals required, and should provide sufficient information in their reports under the environmental screening process to demonstrate that the project is feasible and that the subsequent approvals are attainable. The proponent may decide to prepare more detailed technical information and studies in cases where there are concerns from government agencies, Indigenous communities or interested persons, about a potential environmental effect. Provision of sufficiently detailed information can help assure government agencies, Indigenous communities and interested persons that environmental effects have been adequately addressed and may reduce the likelihood of a request to elevate the project.

Since the environmental screening process is a self-assessment process, reports that proponents prepare under this process do not require approval by the ministry. However, the proponent is required to consult with affected government agencies, including the appropriate regional office of the ministry, during the course of the review under the environmental screening process. The ministry, as a key affected government agency, may provide comments or advice to proponents to address the ministry’s concerns.

In responding to the proponent, the ministry's consideration may include among other things:

whether proponents have met the requirements of the environmental screening process
whether proponents have adequately considered the ministry’s mandate, including under the EPA and Ontario Water Resources Act; regulations under those acts; technical procedures and guidelines; and policy and program areas including the Provincial Policy Statement issued under the Planning Act

Proponents are strongly encouraged to circulate draft environmental screening reports to the appropriate Environmental Assessment Coordinator of the ministry, as well as to other government agencies and key interested persons, as well as Indigenous communities, to ensure that concerns have been adequately addressed.

Under the environmental screening process, any interested person or Indigenous community can submit an elevation request (refer to section B.3 for additional information). If an elevation request is submitted within 60 days following publication of the notice of completion, the minister will review the proponent’s report(s) in making a decision on the elevation request. If no elevation requests are received during the review period, the proponent completes the process by filling out a statement of completion form, submitting a copy to the director and the Environmental Assessment Coordinator and placing a copy on the project file.

Once a statement of completion has been submitted, 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 environmental screening report, and the proponent must comply with 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 project is carried out in accordance with the environmental screening process. 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 dealt with in section 38 of the EAA.

If the proponent does not comply with Part B of this guide and proceeds with the project, then the proponent is in contravention of the EAA.

B.2 Environmental screening process steps

Proponent decides to commence process and determines applicable EA process stream (refer to the regulation):

if there are no EAA requirements, the project does not enter an EA process stream
if there are comprehensive EA requirements that apply, the proponent begins preparation of a terms of reference and a comprehensive EA
if there are environmental screening requirements, the proponent proceeds through the following screening steps

Screening steps

Prepare and publish notice of commencement of a screening project.
Identify problem or opportunity and provide project description.
Apply screening criteria checklist to identify potential environmental effects.
Describe the potential environmental effects, concerns and issues to be addressed.
Consult with interested persons, Indigenous communities and government agencies to identify any issues or concerns.
Conduct studies and assessment of potential environmental effects.
Develop impact management measures (for example, mitigation measures).
Consult with Indigenous communities, interested persons and government agencies to identify any issues or concerns.
If there are no significant net effects and all concerns resolved, proceed to step 11.
If there are significant net effects and all concerns are not resolved, conduct additional studies and assessment of effects and impact management measures (in consultation with key parties/agencies).
Prepare an environmental screening report (includes results of review and consultation, mitigation, and impact management measures).

Publish a notice of completion of environmental screening report and begin 60-day review period.

If there are no request(s) for elevation of project, proponent proceeds to step 14. If there are requests for elevation of project, proceed to “elevation of project status.”
Proponent submits a statement of completion to the ministry and the project may proceed subject to any other required approvals.

Elevation of project status

If the ministry receives request(s) for elevation of the project, within 30 days the minister will decide to do one of the following:

Deny the request for elevation. The proponent then submits a statement of completion to the ministry, and the project may proceed subject to any other required approvals.
Deny the request for elevation with conditions.
Refer matter to mediation before making decision.
Require proponent to conduct further studies before making decision.
Require proponent to undertake a comprehensive EA which involved preparing a terms of reference and a comprehensive EA.

Refer to section B.3 of the guide for details on elevation requests.

B.2.1 Steps in the environmental screening process

1. Notice of commencement of a screening

The proponent shall prepare and issue a public notice of commencement of a screening for any project if the project is exempt subject to complying with the environmental screening process and the proponent is ready to commence such a review.

The notice shall contain the following:

proponent name, address, contact person, phone number
a brief description of the proposed project including location, nature of the activity to be carried out
a statement that the project is subject to the ministry’s environmental screening process for waste management projects
a map showing the study area and the project location

The proponent shall publish the notice twice in all local newspapers with circulation in the vicinity of the project. Where no such newspaper exists, the proponent shall provide notice via a local means the proponent considers appropriate and that achieves the objective of broad notice. The proponent shall place the notice on a website and provide the website address in the notice.

The proponent shall mail or deliver the notice (or an equivalent letter or information package) to:

the appropriate Environmental Assessment Coordinator
other affected government agencies and municipalities
Indigenous communities included on the list of Indigenous communities
other potentially interested persons that the proponent is aware of (such as local interest groups, businesses and members of the public that may be affected by some aspect of the project)

For the purposes of consultation with Indigenous communities, the proponent shall prepare an initial list of Indigenous communities that may be potentially affected by or interested in the project. Proponents shall contact the Environmental Assessment Branch and confirm this list. Additional requirements for consultation with Indigenous communities are included in step 11.

Proponents shall consult with Indigenous communities when conducting a screening. In addition to sending the notice of commencement as required in step 1, the proponent shall forward the following information to all communities on the proponent’s list of Indigenous communities:

a description of the project (prepared by the proponent as required by step 2)
a completed screening criteria checklist and a clear identification of potential short and long term negative environmental effects
a request that the community indicate to the proponent whether it is interested in the project, the nature of its interest and whether it wishes to be consulted further about the project
proponent contact information

In a self-assessment process, the proponent must first determine whether the project is:

exempt, subject to complying with the environmental screening process
subject to meeting the requirements of part II.3 of the act (comprehensive environmental assessment)
not subject to requirements under the Act

For projects proceeding under the environmental screening process, the proponent initiates the process through the preparation and issuance of a notice of commencement of a screening. It is recommended that proponents contact the appropriate Environmental Assessment Coordinator prior to issuance of the notice of commencement for guidance on the environmental screening process.

Proponents prepare the notice of commencement to formally announce the project planning is proceeding and is thus commencing the review under the environmental screening process. The notice must provide basic information on the project (for example, location, nature of the activity to be carried out). This is the first mandatory consultation activity with government agencies, Indigenous communities and interested persons.

The proponent is required to mail or deliver the notice to potentially interested and affected persons, Indigenous communities and government agencies. To assist in this, and to ensure proper future notification requirements are met, the proponent is expected to maintain a mailing list of anyone, including government agencies, that provide comments and input or otherwise express an interest in the project.

The proponent must publish the notice in a manner that, in the opinion of the proponent, will promptly bring the notice to the attention of interested persons in the area of a project, including local newspapers. If publishing in newspapers, the notice must be published twice in the newspaper(s) with circulation in the vicinity of the project. This can be done through issuance in the newspaper on two separate days (for example, Wednesday and Sunday). If there is more than one newspaper in the study area, proponents must issue the notice in each newspaper to ensure coverage in the study area.

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, provided the notice clearly states which notices are being combined and contains all the information required for each notice.

2. Identify problem or opportunity and provide project description

The proponent shall develop a problem or opportunity statement that identifies the factors which lead to the conclusion to move forward with applying for approvals to proceed with the project.

The proponent shall develop a detailed description of the project that shall include all phases and components of the project and shall address the establishment, construction, operation and retirement of the waste disposal site as applicable. If the component parts are dependent on each other, then all of the components must be combined and dealt with as a single project.

For projects that are establishing or changing a thermal treatment site, the proponent shall include the following information in the project description:

thermal treatment technology that is to be used
mass of waste that is proposed to be thermally treated (in tonnes per day)
whether any energy is proposed to be captured and how that energy is to be used

If the thermal treatment site proposed is a class C or D site engaging in advanced recycling (that is, thermal treatment is used for the principal purpose of recovering material described in subsection 19(2) of the Comprehensive Environmental Assessment Projects Regulation), the proponent shall also include the following information in the project description:

how the material recovered at the proposed site will meet the criteria established in subsection 19(2) of the regulation
projected recovery rate calculated in accordance with subsection 19(3) of the regulation.

This step is intended to lead to the development of a clear statement of the problem or opportunity being addressed by the proposed project. Proponents should utilize existing studies or reviews to assist in defining this problem or opportunity and support the viability of the technology. For municipalities this may include studies such as waste studies or diversion strategies, and for private sector proponents, these may be business plans.

For thermal treatment sites engaging in advanced recycling, see appendix B for additional information on calculating a recovery rate and determining outputs that are recovered materials.

Please note that the proponent is not required to provide in the project description a description of activities that are considered to be routine activities associated with the project. These activities include routine adjustments, repairs, replacements, maintenance.

In assessing a project, it is important that the project not be broken down or “piecemealed” into component parts or phases, with each part being addressed as a separate project. If the component parts are dependent on each other, then the component parts must all be described in the project description.

The proponent prepares a description of the project for the purposes of the environmental screening process. In describing the project, proponents shall include all phases and components of the project. For any project that is the establishment of, or change to a waste disposal site, the project description needs to include a discussion of construction, operation, use or retirement of the waste disposal site or the construction of the change to the waste disposal site and operation, use and retirement of the changed site. Including these components of the project life cycle in the project description will provide a comprehensive view of the project and will aid in determining whether or not the project should proceed.

Some aspects of the project description may change during the environmental screening process based on environmental effects, mitigation measures, etc., that are identified in subsequent steps of the process. Thus, the project description may be fine-tuned during the screening process. However, the environmental screening report must include the finalized version of the detailed project description.

3. Apply screening criteria checklist to identify potential environmental effects

The proponent shall apply the screening criteria checklist in schedule I of this guide to the project as it has been described in the project description in step 2. The questions in the checklist must be answered with a yes or no response. Mitigation measures shall not be considered in concluding that there is no potential environmental effect.

The screening criteria checklist can be found in schedule I of this guide. Proponents must fill out the checklist by 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. The screening criteria reflect the broad definition of environment contained in the act (that is, social, cultural and economic environment in addition to land, air and water).

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 answers 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 persons, Indigenous communities and government agencies, and that the proponent has made a commitment to implement mitigation measures.

If the project might cause environmental effects, the proponent provides additional information in its environmental screening report, explaining the potential effect(s), methods to mitigate or address the effect(s), any net effects that are anticipated and if so, their significance. Where the proponent indicates that no environmental effects are anticipated it is recommended that they still provide additional information in the environmental screening report to explain or support the “no effects” conclusion.

The complexity of the project and the potential environmental effects will be reflected in the checklist through the number of yes boxes that are selected and the variety of headings (that is, socio-economic, land, air and noise) with potential environmental effects. These identified potential effects will result in the need for more detailed studies to be subsequently undertaken to determine impact management measures (which may include mitigation measures) and whether any significant net effects remain.

Proponents should keep in mind that at the conclusion of the environmental screening process, they will be required to conduct an overall assessment of the environmental advantages (benefits) and disadvantages (net effects) of the project (please see step 9). In order to identify and evaluate disadvantages, the proponent shall apply the screening criteria (found in schedule I of this guide) to the project as it has been described in the project description outlined above.

Examples of advantages of a waste project may include the diversion of waste from disposal, generation, capture of energy, recovery of material and generation of employment.

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. Negative environmental effects may also include the displacement, impairment, conflict or interference with existing land uses, businesses or economic enterprises, recreational uses or activities, cultural pursuits, social conditions or the local economy.

Proponents are required to provide a description of both the advantages and disadvantages of their projects in their environmental screening report.

4. Describe the potential environmental effects, concerns and issues to be addressed

The proponent shall describe the potential environmental effects, concerns and issues, to be addressed in the environmental screening process that were identified in the screening criteria checklist, any positive effects of the project, and any relevant regulatory provisions and approvals that may be required. This description shall be included in the environmental screening report.

Additional information and analysis are required for each of the potential environmental effects identified by the screening criteria checklist. This includes a description of the negative environmental effects or concerns. In addition to the checklist, this is the opportunity to discuss any positive environmental effects of the project.

As mentioned above, environmental effects are the negative and positive 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. Negative environmental effects may also include the displacement, impairment, conflict or interference with existing land uses, businesses or economic enterprises, recreational uses or activities, cultural pursuits, social conditions or the local economy. Positive environmental effects may include the diversion of waste from disposal, generation, capture of energy, recovery of material and generation of employment.

In this section, the proponent should describe how existing waste regulations (for example, regulations under the Resource Recovery and Circular Economy Act, 2016 , O. Reg. 101/94 Recycling and Composting of Municipal Waste, or O. Reg. 103/94 Industrial, Commercial and Institutional Source Separation Programs) and other applicable regulations will apply to the proposed activity and how emission regulations and guidelines (for example, O. Reg. 419/05 Air Pollution – Local Air Quality and Guideline A-7) will be addressed. In addition, the proponent can discuss any relevant waste studies (including diversion strategies and targets), and where and how provincial and municipal waste management guidance has been incorporated and if applicable, how the project will support these programs.

5. Consult with interested persons, including Indigenous communities and government agencies to identify any issues or concerns

The proponent shall review the environmental screening process completed in steps 1 through 4 through consultation with the ministry, interested persons, including Indigenous communities and government agencies. The information to be reviewed may include the problem or opportunity, project description and the potential environmental effects.

The proponent shall place a notice(s) related to this consultation activity on a website and provide the website address in the notice(s). The notice shall outline the consultation activity the proponent proposes to undertake.

This is the second mandatory consultation activity the proponent must undertake in the environmental screening process.

There are various methods of consultation that can be undertaken to address this task. While the point of contact is mandatory, the proponent determines the appropriate method of consultation.

Consultation methods can include:

public information centre or open house
newsletter
kitchen-table discussions
further notice in a local newspaper

Government agencies are interested in technical information and commitments to obtain further approvals under other legislation. The methods for consulting government agencies vary and could include circulation of notices, circulation of information packages providing details on the project and environment, telephone contact, meetings and circulation of technical reports for review.

Regardless of the method of consultation, the purpose is to provide information and request feedback from interested persons, Indigenous communities and government agencies by maintaining two-way communication.

It is likely that proponents, in particular municipalities, may have undertaken previous consultation activities prior to commencing the environmental screening process. For example, a waste study may have been developed with specific consultation activities undertaken. It is not intended that proponents duplicate these consultation activities, but they can add these activities to new consultation activities under this process and they may be conducted in parallel with the environmental screening process where feasible. If these activities are ongoing, they can be combined where appropriate, for the purposes of the environmental screening process. Proponents should provide a summary of the consultation activities that have previously taken place, including the key outcomes, as part of the consultation activity for this step in the environmental screening process.

6. Conduct studies and assessment of potential environmental effects

The proponent shall conduct necessary data collection, studies and analysis to understand the basis, extent, duration, inter-relationships and magnitude of potential environmental effects.

The proponent shall complete an assessment of potential environmental effects to determine whether mitigation measures and impact management measures are to be included in the project.

For each of the potential environmental effects identified in the screening criteria checklist by a yes response to the questions, the proponent shall conduct necessary data collection, studies and analysis to understand the basis, extent, duration, inter-relationships and magnitude of the potential effects.

The proponent determines the level of analysis that must be completed to assess the potential environmental effects. However, it is recommended that proponents consult with the appropriate Environmental Assessment Coordinator and any other key government agencies (for example, conservation authorities, Ministry of Natural Resources, Department of Fisheries and Oceans) so that the proposed studies to be conducted are sufficient to adequately assess the potential environmental effects of the project. To assist proponents in determining the key government agencies, the branch can be contacted to obtain a copy of the government review team list.

Based on the studies conducted, the proponent can also provide a preliminary level of discussion on how the project can satisfy municipal, provincial and federal requirements related to waste management activities as well as concerns brought up in the consultations.

7. Develop impact management measures (including mitigation measures)

The proponent shall develop and describe impact management measures (including mitigation measures) related to the potential negative environmental effects identified by the screening criteria checklist. In addition, the proponent shall provide a discussion on the monitoring requirements (if known and applicable) related to the identified potential negative environmental effects.

The additional analysis which is required for each of the potential negative environmental effects identified on the screening criteria checklist includes a description of the impact management measures (which includes mitigation measures) included in the project to be used to avoid, reduce, or minimize the potential negative environmental effects, concerns or issues.

In proposing mitigation methods, the proponent should consider changes to the site layout, the project design, construction methods and scheduling, proposed operations as well as other impact management measures to reduce the severity of, avoid or control potential negative environmental effects of the project.

It is recognized that all monitoring commitments may not be known at this stage in the process, and that some will be developed based on additional studies for other approval processes. The proponent shall include a discussion of the known and applicable monitoring commitments at this time, but they will also need to identify the monitoring commitments in the environmental screening report. The proponent can reference the ministry’s Landfill Standards Guideline and the A-7 Guideline and the need for consideration of continuous emissions monitoring when describing the monitoring requirements in respect of other approvals.

8. Consult with interested persons, including Indigenous communities and government agencies to identify any issues or concerns

The proponent shall review the environmental screening process completed in steps one through eight through consultation with the ministry, interested persons, including Indigenous communities and government agencies. The information to be reviewed must include the problem or opportunity, project description, the potential environmental effects and impact management measures (including mitigation measures).

This is the third mandatory consultation activity the proponent must undertake in the environmental screening process.

There are various methods of consultation that can be undertaken to address this task. While the point of contact is mandatory, the proponent determines the appropriate method of consultation.

Some examples of the methods of consultation include:

public information centre or open house
newsletter
kitchen-table discussions
further notice in a local newspaper

circulation of notices
circulation of information packages providing details on the project and environment
telephone contact
meetings and circulation of technical reports for review

Based on the potential environmental effects and level of concerns associated with the project, proponents may decide to hold consultation events such as open houses and meetings. Proponents should tailor the consultation program to reflect the nature of the project and the needs of interested persons, Indigenous communities and government agencies.

9. Significant net effects and resolution of concerns

The proponent shall use the screening criteria checklist to initially identify the potential environmental effects of the project. Having identified potential environmental effects in step 3, the proponent shall identify the net environmental effects.

Net effects are those potential negative environmental effects caused by the project and related activities that will remain after impact management measures (which includes mitigation measures) have been applied.

Proponents shall assess the significance of any net effects of the project by considering the following:

value or importance of the resource being affected
magnitude of the effect and its duration
extent or distribution of the effect
likelihood of the effect
whether the effect can be reversed over time
ecological and social context of the effect

The proponent shall conduct an overall assessment of the advantages and disadvantages of the project. In order to identify and evaluate disadvantages of the project, the proponent shall apply the screening criteria to the project as it has been described in the detailed project description outlined in step 2.

Additional discussion on the assessment of net effects is provided in the general discussions for step 3.

The following summarizes the steps for additional information and analysis which are required for each of the potential environmental effects identified by the screening criteria checklist:

identification of any net effects
assessment of the net effects the proponent considers significant
overall assessment of the environmental advantages and disadvantages of the project, taking into account net effects identified during the step 2 of screening stage

The proponent develops and applies impact management commitments (including mitigation measures) to determine the net environmental effects. If the net environmental effects are determined to be significant or concerns are unresolved, then additional studies may need to be conducted.

In the environmental screening process, the definition of environment includes air, land and water as well as natural, cultural, social and economic components. This broad definition of environment is to be used by proponents in identifying and evaluating both the advantages and disadvantages of their projects.

Advantages are any positive environmental effects of the project. Examples of an advantage include:

creation of jobs
capture of energy
recovery of materials that may be used directly (such as a replacement for virgin materials or a fuel that meets applicable standards)

At this stage, disadvantages are net effects. Where disadvantages may be offset by advantages of the project, this offset is to be evaluated. In determining any remaining net effects, proponents should note that meeting regulatory requirements does not necessarily mean that there is no net effect. Although meeting such requirements will achieve some mitigation of potential negative environmental effects, there may be remaining negative effects that must be acknowledged.

10. Conduct additional studies and assessment of effects and mitigation measures

The proponent shall conduct additional studies and shall further assess the net effects if the proponent considers the net effects to be significant or the proponent considers that there are unresolved concerns (remaining after attempts to address them as part of step 9). The studies shall further assess the net effects by identifying and applying new or additional mitigation measures as appropriate.

A proponent may determine during the environmental screening process or while completing the environmental screening report that there remain potential net effects or concerns that require further assessment and resolution. The proponent may decide to conduct additional studies. In deciding whether to conduct additional studies, the proponent should consider:

success of attempts to minimize effects and address concerns through the selection of the site, the technology, the project design, or through the use of reasonable mitigation and impact management
significance of any net effects
how commitments to mitigation are accepted by government agencies, Indigenous communities, and interested persons
whether additional studies and analysis are likely to provide tangible results
new or alternative mitigation measures may also be proposed by the proponents based on information obtained from conducting additional studies (if, as a result of any further studies, new or additional measures are considered by the proponent to be appropriate, these measures shall be included in the environmental screening report)
there is a discretionary consultation activity associated with this task, it is recommended that the proponent consult with interested persons, Indigenous communities and key government agencies to assist in determining the level of additional study required and to discuss the results from the studies

11. Prepare Environmental Screening Report

The proponent shall prepare an environmental screening report that documents the process followed and the conclusions reached. This report shall include the following information:

background information including the finalized project description, the purpose of the project and a basic outline of 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
discussion providing an understanding of the no responses on the screening criteria checklist
description of potential negative environmental effects identified through application of the screening criteria
- for a class C or D thermal treatment site proposed to engage in advanced recycling, documentation that:
  - demonstrates that the material which would be recovered meets the criteria indicated in subsection 19(2) of the regulation sets out the calculation of the projected recovery rate in accordance with subsection 19(3) of the regulation, based on the projected mass of material that will be subject to thermal treatment annually and the projected mass of the recovered materials.
  - the proponent shall include any applicable documentation to support the conversion factors if the state (that is, gas, liquid, solid) of the recovered material is different from the state of the input material
assessment of the overall environmental advantages and disadvantages of the project (taking into account net effects identified during the step 2 of the screening process), to include discussion of any advantages that may offset disadvantages
description of impact management measures (which includes mitigation) for any potential negative environmental effects identified through application of the screening criteria
description of any net effects, including an assessment of the significance of the net effects
description of any commitments to monitoring (such as net effects, compliance monitoring, emissions and discharges monitoring)
the nature of the interest that these communities expressed in the project
information on how concerns have been resolved or addressed, such as:
copies of Indigenous community comments
information on public and government agency consultation, including:
- description of the public and government agency consultation program and consultation activities or events
- list of agencies contacted or consulted summary of interested persons and government agency concerns or issues, and how they have been resolved or addressed
copies of public and government agency comments information on consultation with Indigenous communities, including:
- description of the consultation program and consultation activities/events
- list of Indigenous communities contacted or consulted
- summary of Indigenous community concerns or issues, and how they have been resolved or addressed
- 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 other mitigation measures that were identified and discussed to address potential impacts on Aboriginal or treaty rights
- 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
description of how environmental effects or issues may be addressed through other required approvals
description of the consideration to establish a public liaison committee and an ongoing commitment to review the same
references to or, where appropriate, complete technical reports supporting the screening findings
assessment of the overall environmental advantages and disadvantages of the project (taking into account net effects identified during the screening process), to include discussion of any advantages that may offset disadvantages

If, based on the assessment of the overall advantages and disadvantages of the project, the proponent determines that the project’s advantages outweigh disadvantages, the proponent then prepares an environmental screening report to document the results of the environmental screening process.

The purpose of the environmental screening report is to document the process followed and the conclusions reached. It is recognized that the level of detail will vary between projects and is not necessarily dependent on the size of the project but the potential environmental effects (in particular the net effects). A project that is more complex (that is, has a greater number of potential environmental effects) will have a more detailed report. The basis for understanding the complexity of the project comes from the screening criteria checklist. The more yes answers a project has, the more detailed discussions (for example, technical studies, consultation, mitigation measures, monitoring) would be expected to be provided in the environmental screening report to address these issues.

In many cases, an environmental effect or issue identified in the environmental screening process can also be addressed under another environmental approval (for example, an approval under the EPA. Where this is the case, proponents are advised to provide sufficient information under the environmental screening process to demonstrate that the project is feasible and that the subsequent approvals are attainable. The proponent may decide to prepare and provide more detailed technical information and studies in cases where any government agency, Indigenous community or interested person has expressed concerns about a potential environmental effect. Provision of sufficiently detailed information can help assure government agencies, Indigenous communities and interested persons that environmental effects have been adequately addressed and may reduce the likelihood of a request to elevate the project.

While not required to do additional studies on “no” responses, proponents shall provide a discussion in the environmental screening report about them (that is, at a minimum fill in additional information column in the screening checklist). This provides rationale or justification for determining there will be no negative effects.

To meet the requirements for the environmental screening report, proponents should also review the screening checklist. For all of the yes answers on the checklist, the following information is provided in the environmental screening report:

description of potential negative effects identified through application of the screening criteriadescription of mitigation and impact management measures for any potential negative effects description of any net effects, including an assessment of their significance

It is recommended that proponents organize their environmental screening reports in a clear and comprehensive manner to allow for its timely review by government agencies, Indigenous communities and interested persons, (for example, use titles for each section of the report that are consistent with those set out in part B of this guide – for example, project description and consultation process). It is also recommended that a summary (for example, table) of the commitments made during the process (in particular highlighting the monitoring commitments) be provided in the environmental screening report.

Proponents are recommended to 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 sufficiency of the proponent’s consultation activities 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 proponent as necessary.

The proponent must examine whether or not they need to establish a public liaison committee. The proponent can describe the notice that would be provided to find committee members. If sufficient notice was provided and there was no interest from the public in establishing such a committee, the proponent could describe the commitment to review this requirement (for example, publish notices for the first few years of the project). If the committee was established, a description of the purpose of the committee (for example, a focal point for the dissemination, review and exchange of information and monitoring results relevant to the operation of the facility) could also be provided.

For thermal treatment sites engaging in advanced recycling, see appendix B for additional information on the criteria for recovered materials and for calculating a recovery rate.

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

Proponents are encouraged to circulate a draft of the environmental screening report to the appropriate government agencies, interested persons and Indigenous communities for comment prior to the formal review periods.

Proponents are strongly encouraged to invite key government agencies (including the appropriate Environmental Assessment Coordinator), Indigenous communities and interested persons to comment on a draft of the environmental screening report prior to finalizing it. In addition, proponents should be prepared to provide government review agencies with detailed information when requested. Adequate time must be provided for the ministry and other government review agencies to comment on draft reports.

To help to address fundamental concerns or to avoid disagreements being raised at a late stage in the process, technical issues (which include issues raised by government agencies) should be suitably resolved prior to the preparation of a final environmental screening report and issuance of a notice of completion.

12. Publish notice of completion of environmental screening report

The proponent shall prepare and distribute a notice of completion to inform government agencies and interested persons, including Indigenous communities (included on the list of Indigenous communities) that the proponent has completed a screening under the environmental screening process and that the minimum 60-day review period is commencing. The notice must indicate where copies of the environmental screening report can be obtained or reviewed. The environmental screening report, technical reports and other supporting information (including copies of all correspondence related to the environmental screening process) must be made available for review by interested persons and government agencies for a period of at least 60 calendar days in a convenient location(s) in the project area, such as a public library or community centre, where access is possible during both normal business hours and after business hours.

The notice must be published twice 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). The proponent shall mail or deliver the notice to the appropriate Environmental Assessment Coordinator, adjacent landowners and tenants, Indigenous communities and to all who have expressed an interest in the project. The proponent shall mail a copy of the final environmental screening report and related technical studies to the Environmental Assessment Coordinator, government agencies and Indigenous communities where these parties have expressed an interest in reviewing the report.

The proponent shall include in the notice:

proponent name, address, contact person and phone number
brief description of the proposed project statement that the project is subject to the ministry’s environmental screening process for waste management project
map showing the project location
brief description of the results of the environmental screening process (for example, on balance the advantages of proceeding with the project outweigh any identified disadvantages, that the proponent intends to proceed with the project subject to mitigation, other approvals)
location(s) where the environmental screening report may be reviewed
website where the environmental screening report and project notices are available for review
date of issuance of the notice
mailing address, email address and fax number of the minister and director of the Environmental Assessment Branch, Ministry of the Environment, Conservation and Parks
date by which elevation requests must be submitted
brief statement that indicates that any submission from interested persons, including Indigenous communities and government agencies, including any personal information contained therein, will be maintained as part of a record available to the public
notification on elevation requests which shall include the following information:
- if concerned persons have outstanding environmental concerns about the project, they should raise these concerns with the proponent
- if the proponent and the concerned persons are unable to resolve the matter, the concerned persons can make a written request to the minister, copying the director to elevate the project to a comprehensive EA
- elevation requests must be made in accordance with the provisions set out in section B.3 of the guide; proponents shall set the requirements from section B.3. of the guide in the notice
- elevation requests are considered comments to a public process and information contained in a request will be shared with the proponent and may be circulated to other stakeholders

This is the fourth mandatory consultation activity in the environmental screening process.

The proponent shall make the environmental screening report available for review for a period of at least 60 calendar days in a convenient location(s) in the project area, such as a public library or community centre or municipal office. The viewing locations selected should provide opportunities for the document to be viewed both during and after normal office hours. The proponent shall make technical reports (unless deemed by the proponent to be proprietary information) and other supporting information, including copies of all key correspondence related to the environmental screening process, available with the environmental screening report.

At each viewing location, it is recommended that proponents make more than one copy of the environmental screening report and supporting information available for review, especially for controversial or large projects. The environmental screening report must also be made available on the website established for the project.

The proponent shall mail or deliver the notice to the appropriate Environmental Assessment Coordinator, and to everyone who has expressed an interest in the project. The proponent shall mail a copy of the final environmental screening report and related technical studies to the Environmental Assessment Coordinator, government agencies and Indigenous communities where these parties have expressed an interest in reviewing the report. For these purposes, the proponent should maintain throughout the environmental screening process a mailing list of all persons, government agencies and Indigenous communities 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 government agencies, municipalities, landowners, residents, businesses, Indigenous communities and local interest groups (for example, local associations, government agencies previously circulated material that did not respond), even if they have not previously expressed an interest. The proponent may also choose to provide copies of the environmental screening report directly to participating government agencies, Indigenous communities and interested persons.

13. Elevation requests

The context for elevation requests is set out in detail in section B.3, elevation requests. The proponent shall address elevation requests as directed by the minister.

If additional time is needed to try to resolve issues, the proponent and the concerned person may agree to continue discussions for a mutually acceptable specified time period beyond the 60-day review period. In these circumstances, the proponent shall notify the minister and copy the director in writing that it and the concerned person have agreed to continue discussions, and the date by which those discussions are to be concluded.

Commitments or modifications made by a proponent to address concerns raised in an elevation request shall be documented by the proponent and placed in the project file. The proponent shall also provide written notice of commitments or modifications to the minister and copy the director and other affected persons, including persons that submitted an elevation request(s). The proponent is required to implement the project in accordance with any such commitments.

If the director or minister requires further study, the proponent shall carry out the further studies specified and submit them to the director or minister.

The particulars of the elevation process are set out under section B.3.

14. Submission of statement of completion to the ministry

If no elevation requests are submitted during the 60-day review period, or if any elevation requests are withdrawn or resolved, the proponent shall complete the statement of completion form and submit a copy to the director and the Environmental Assessment Coordinator and place a copy on the project file.

The proponent may then proceed with the project and shall implement the project in the manner described in the environmental screening report and in accordance with any commitments or changes made subsequent to preparation of the report. The proponent shall also comply with any conditions that the minister applies in a decision not to elevate a project.

During implementation of the project, the results of monitoring shall be communicated to government agencies, Indigenous communities and interested persons, if requested.

If no elevation requests are submitted during the 60-day review period, or if any requests are withdrawn or resolved, the proponent shall complete the statement of completion form, submit a copy to the minister, the director and the Environmental Assessment Coordinator and place a copy on the project file. For more information on project file requirements, see section B.5.

Upon receipt of the statement of completion, the director will issue a letter to the proponent acknowledging receipt.

Construction of projects that are subject to the environmental screening process cannot begin until the requirements of the environmental screening process have been met and the director acknowledges receipt of the statement of completion to the proponent. At this point, the project may proceed subject to any other required approvals. The proponent shall implement the project in the manner described in the environmental screening report and in accordance with any commitments or modifications made subsequent to preparation of the report. The proponent shall also comply with any conditions that the minister imposes in deciding not to elevate a project.

During implementation of the project, the proponent undertakes any monitoring outlined in the environmental screening report or in subsequent modifications or commitments. Monitoring may be necessary to ensure that the mitigation measures identified in the environmental screening report are fulfilled and are effective. The results of monitoring shall be communicated to government agencies, Indigenous communities and interested persons, if requested.

B.3 Elevation requests

Persons who have outstanding environmental concerns regarding a project are advised to bring their concerns to the attention of the proponent as early in the process as possible. It is important that these persons raise concerns early in the process, when the proponent has greater flexibility to accommodate changes. If concerned persons do not disclose issues until late in the process or choose not to participate in efforts by the proponent to resolve issues, this will be taken into consideration by the minister in the event of a request to elevate the project.

If prior attempts by the proponent have not resolved the concerns, concerned persons may write to the minister to request that the project be elevated. The provisions for elevation requests are described in the sections below.

The failure by the minister or director to meet any of the deadlines does not affect the validity of the minister’s actions.

B.3.1 Submission of elevation request

An elevation request must be submitted to the minister and a copy sent to the director and proponent within the 60-day review period after the notice of completion of an environmental screening report has been issued. In cases where the proponent and concerned persons have agreed to continue discussions for an agreed upon time period beyond the 60-day review period, if concerns are not resolved the concerned persons can submit an elevation request to the minister within a further seven calendar days following conclusion of the agreed-upon time period. Requests submitted after the 60-day review period will not normally be considered. However, such requests may be considered if the proponent has failed to ensure proper notification to interested persons of the right to request that the project be elevated, or may be considered in conjunction with other requests received during the 60-day review period or during the further agreed-upon period referred to above. Unless extraordinary circumstances exist, requests for the minister to elevate a project made before the notice of completion is published and the 60-day review period begins will be considered by the minister to be premature and the requestor will be advised to re-submit during the 60-day review period.

If one or more requests for elevation of the project are received by the ministry within the 60-day review period, or the further seven-day period, the proponent shall not proceed with the project until the minister makes a decision on the request(s) for elevation.

A requester must include the following information in a written elevation request:

name of the project and proponent
basis of the request
that the project be elevated to a comprehensive environmental assessment
nature of the specific environmental concerns that remain unresolved
benefits of requiring the proponent to undertake a comprehensive environmental assessment
information about any efforts to discuss/resolve these concerns/environmental effects with the proponent
details of any correspondence between the person and the proponent
any other matters considered relevant by the requesting person

A requester must send the elevation request to the minister and send a copy to the director and the proponent.

B.3.2 Attempt resolution

It is in the proponent’s best interest to attempt resolution of concerns. The submission of an elevation request does not preclude the proponent from attempting to continue efforts to resolve concerns directly with the requester(s).

B.3.2.1 Commitments or modifications to project

A proponent may decide to make a commitment or modify some aspect of the project to address concerns raised in an elevation request. Proponents are advised to consult with the concerned persons and affected government agencies as appropriate to ensure proposed commitments will address concerns.

Commitments or modifications made by a proponent to address concerns raised in an elevation request shall be documented by the proponent and placed on the project file. The proponent shall also provide written notice of commitments or modifications to the minister, copying the director, and other interested persons, including any persons that submitted an elevation request(s). The proponent shall implement the project in accordance with any such commitments.

When following submission of an elevation request, the requester’s concerns have been addressed by the proponent, the requester is responsible for withdrawing the elevation request. Requesters must provide written notice of withdrawals to the minister and must send a copy to the director and proponent.

B.3.2.2 Voluntary elevation

The proponent may volunteer to elevate the project in order to address concerns raised in an elevation request.

If an elevation request(s) has been made and the proponent volunteers to prepare a comprehensive environmental assessment it shall advise the minister, the director and the requester(s) in writing. Upon receiving such notification, the review of the elevation request will be terminated. The proponent must then proceed to obtain approval for the project through an application made under part II.3 of the EAA.

B.3.3 Minister’s review of elevation request

Where an elevation request(s) is received, the Environmental Assessment Branch will advise the proponent in writing that the request(s) has been received. The branch will ask the proponent to submit information necessary to review the request. The minister needs to have complete information before the review can commence (from the proponent and all persons involved in the elevation request). The minister’s review period will commence upon receipt of the necessary information in full from all persons.

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

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

basis of the request, including the requester’s participation in the environmental screening process
views of other government agencies and Indigenous communities that have been consulted by the proponent or by the ministry
extent and nature of interested persons concern
potential for significant negative environmental effects or impacts on Aboriginal and treaty rights
whether the project is designated as a type that can follow the environmental screening process
proponent’s environmental screening report and any related project documentation
proponent’s consultation program and attempts at dispute resolution
proponent’s responses to concerns raised by interested persons
public benefits of subjecting the project to a comprehensive environmental assessment
any other matter considered relevant by the minister.

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

deny the request for elevation
deny the request for elevation with conditions
refer the matter to mediation before making a decision
require the proponent to conduct further study before making a decision
require the proponent to satisfy the requirements of part II.3 of the EAA (which means completing a terms of reference and a comprehensive EA)

B.3.3.1 Where minister decides to deny request (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.

B.3.3.2 Where minister refers the matter to mediation (C)

Where the minister decides to refer the matter to mediation, the minister will notify the following persons of the referral and will give them written reasons for the referral:

the proponent
the requester(s)
such other persons as the minister considers appropriate

The minister may appoint one or more persons to act as a mediator who will endeavour to resolve matters identified by the minister as being in dispute or of concern in connection with the project.

The participants in the mediation are the proponent, the requester and such other persons as the minister may identify. Instead of identifying participants by name, the minister may determine the manner in which they are to be identified and invited to participate. Unless the mediators decide otherwise, the mediation is not open to the public.

The mediators will give the minister a written report on the conduct and results of the mediation within 60 days after their appointment or by such earlier deadline as the minister may specify. Within 30 calendar days of receiving a report on the mediation, the minister will, based on the results of that report and on the list of considerations set out in B.3.3, decide to:

deny the request, with or without conditions (A or B above)
require that a comprehensive environmental assessment be prepared (E above)

B.3.3.3 Where minister or director requires further study (D)

Where the minister or director decides to require further study by the proponent, the proponent and the requester will be notified in writing, stating reasons and specifying the studies required to be carried out. The proponent shall carry out the further studies specified and submit them to the minister. Following the submission of the studies, provided the director determines that the studies are complete, the director refer the request to the minister who will within 30 calendar days decide to:

deny the request, with or without conditions (A or B above)
require that a comprehensive environmental assessment be prepared (E below)

B.3.3.4 Where minister requires a comprehensive environmental assessment (E)

Where the minister decides to require the proponent to satisfy the requirements of part II.3 of the EAA, the minister will notify the requester and the proponent in writing, stating reasons for the decision.

Where the minister requires the proponent to satisfy the requirements of part II.3 of the EAA, the documentation, analysis and consultation conducted through the environmental screening process may be used by the proponent in preparing the terms of reference and the comprehensive environmental assessment.

B.3.4 Minister’s elevation

At any point in the environmental screening process, including prior to any elevation request, if the minister determines that a project: is likely to have a significant negative environmental effect(s) or adverse impact to constitutionally protected Aboriginal and treaty rights, and that the scope and scale of these effects are such that an environmental assessment under part II.3 of the EAA is required, or for any other reason that the minister considers appropriate, the minister may give a notice to the proponent requiring that an environmental assessment be prepared.

B.3.5 Transition

On August 8, 2023, O. Reg. 243/23 came into force making the minister the decision maker for requiring the proponent of a waste disposal site to satisfy the requirements of part II.3 of the EAA. On the same date, this guide was updated to make the minister the decision maker on elevation requests, apart from the decision to request the proponent to conduct further study before making a decision which is a director’s decision. On February 22, 2024, amendments to the EAA came into force replacing Part II of the act with part II.3.

Where a notice of completion has been published and elevation requests have been received by the director of the Environmental Assessment Branch 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 3.3, as amended on August 8, 2023. The minister shall be the decision maker to [A] deny the request for elevation, [B] deny the request for elevation with conditions, [C] refer the matter to mediation before making a decision, or [E] require the proponent to satisfy the requirements of part II.3 of the EAA. The director or minister shall be the decision maker to require the proponent to conduct further study before the minister makes a decision [D].

B.4 Addendum provisions

B.4.1 Application

Due to unforeseen circumstances, it may not be feasible to implement the project in the manner outlined in the environmental screening report. Proponents proposing a modification shall comply with the addendum provisions. A modification does not include a change that is designated in the Regulation, which must be dealt with as set out in the regulation. The process outlined (for example, environmental screening, comprehensive environmental assessment) in the regulation applies to those types of changes designated in the regulation. Circumstances under which proponents are subject to the addendum provisions include:

Where a project has been planned in accordance with the environmental screening process and a statement of completion for the project has been issued, but where the proponent decides prior to or during construction to modify the project.
Where a project has been constructed/implemented as described in a completed environmental screening report under the environmental screening process, and where the proponent proposes to make a modification to the project.
A lapse of time has occurred between the filing of the statement of completion and the implementation and construction of the project. If the period of time from filing of the statement of completion to the proposed commencement of construction for the project exceeds five years, the proponent shall review the environmental screening process, the current environmental setting and the project to ensure that the project and the impact management and monitoring measures are still valid (refer to section b.4.3 for process requirements).

B.4.2 Addendum review process

Proponents shall determine if the addendum process applies to the proposed modification to the project.

Proponents shall determine whether the proposed modification to the project may have potential negative environmental effects by applying the screening criteria checklist to the proposed modification.

Where the proponent concludes that there may be negative environmental effects, the proponent shall undertake any necessary studies and data analysis to identify what measures will be taken for impact management (including mitigation measures) and monitoring any negative environmental effects.

Proponents shall determine if the addendum process applies to the modifications proposed (by following B.4.2.1). The focus in the addendum process is the modification to the project and how this will affect the environmental effects identified for the original project.

B.4.2.1 Modifications to waste management project

This section sets out the process that a proponent will be required to follow when making a modification to their waste project. In order to determine which process a proposed modification falls into, the proponent should consider the following two questions:

Is the proposed modification a modification to a component described in your final project description as referred to in the statement of completion?
- if the answer to the above is yes then the proponent is required to determine whether an addendum is needed, as per the process listed under section B.4.2.2 determining the need for an addendum
- if the answer to the above is no the proponent shall proceed to question 2
Is the proposed modification a modification to a component that is defined as a routine activity as defined in this guide?
- if the answer to the above is yes, the proponent has no further environmental assessment requirements and shall refer to section B.4.2.3 on other approvals
- if the answer to the above is no, then the proponent is required to determine whether an addendum is needed as per the process listed under the determining the need for an addendum section B.4.2.2

B.4.2.2 Determining the need for an addendum

As mentioned above, a proponent is only required to determine whether an addendum is needed if they are proposing a modification to a waste project that is: listed, described or required to be described in the project’s final project description as referred to in the statement of completion; and, is not considered a routine activity which was not listed in the final project description as referred to in the statement of completion.

The purpose of this section is to determine whether or not the proposed modification will be subject to the addendum provisions.

Proponents are required to follow the screening criteria checklist in schedule I of this guide with regards to their proposed modification. As per the checklist, if the proponent indicates yes on any single criterion for the modification to the project, there may the potential for environmental effects. The proponent must therefore follow the addendum provisions of this guide.

If the proponent indicates no on all criteria, then the proponent has no further environmental assessment requirements and shall refer to section B.4.2.3 on other approvals.

B.4.2.3 Other approvals

Certain modifications to a waste project may not have EA requirements but will be required to follow other existing approval procedures related to that modification (for example, EPA part V; Ontario Water Resources Act). These modifications include: a modification to a routine activity that was not listed in the final project description; and, a modification that has followed section B.4.2.2 - determining the need for an addendum, and indicated no on all criteria.

Where an addendum is required, the proponent shall not proceed with the modification until the addendum process is completed.

The proponent should be aware that if a modification is proposed to any of the components listed, described or required to be described in their final project description as referred to in the statement of completion, the proponent must determine whether an addendum is needed, as per the process listed in B.4.2.

If a modification is proposed to a component of a project that is not listed in the project description, the proponent must determine whether an addendum is needed, unless that modification is considered to be a routine activity associated with the normal operation of the project. Routine activities (such as maintenance activities) are not subject to the addendum provisions so long as they were not described in the final project description as referred to in the statement of completion.

B.4.2.4 Addendum report

For modifications that are subject to the addendum provisions, the proponent shall prepare an addendum report. In the addendum report the proponent shall reference the original environmental screening report and describe the modification being considered, the circumstances necessitating the modification, the environmental effects of the modification, and what measures will be taken to mitigate, impact manage and monitor any negative environmental effects. The proponent shall document the conclusion, including any conclusion that there are no negative environmental effects from the modification, in an addendum report.

The proponent shall also include the completed screening criteria checklist for the modification in the addendum report.

Where the proponent concludes that there will be no negative environmental effects from the modification in relation to the original project, the proponent shall document that conclusion in the addendum. The proponent shall also document a conclusion (if applicable) that potential negative environmental effects will result from the modification.

Depending on the complexity of the project and the scale of modifications proposed, proponents may need to consider consulting with government agencies, Indigenous communities or interested persons during the addendum process. The mandatory consultation activity is the issuance of a notice of completion of addendum which is discussed in section B.4.3.

The consultation activities with Indigenous communities, described in B.2.1, and the various consultation activities with Indigenous communities identified in the environmental screening process steps, will need to be reviewed to determine those applicable to the addendum process. The determination of applicability will be based on the modifications to the project proposed and the potential impact on Indigenous communities on the list of Indigenous communities.

B.4.3 Notice of completion of addendum

The proponent shall prepare and distribute a notice of completion of addendum to inform government agencies, Indigenous communities (included on the list of Indigenous communities) and interested persons that the proponent has modified the project and prepared an addendum to the environmental screening report and that the minimum 30-day review period is commencing. The notice must indicate where copies of the addendum can be obtained or reviewed.

The proponent must make the addendum available for interested persons and government 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 or community center or municipal offices, where access is possible during both normal business hours and after business hours. The proponent shall make technical reports and other supporting information related to the modification available with the addendum. At each viewing location, it is recommended that proponents make more than one copy of the addendum and supporting information available for review, especially for controversial or large project modifications.

The proponent shall publish the notice twice in a local newspaper(s) with circulation in the vicinity of the project (or an appropriate equivalent means of notifying the public where no such newspaper exists). The proponent shall mail or deliver the notice to the appropriate Environmental Assessment Coordinator, all potentially affected members of the public, review agencies and Indigenous communities on the list of Indigenous communities as well as those who were provided a copy of the notice of completion for the original environmental screening report. The proponent shall mail a copy of the final addendum report and related technical studies to the Environmental Assessment Coordinator, government agencies and Indigenous communities where these parties received a copy of the original environmental screening report.

The proponent shall include in the notice:

proponent name, address, contact person, phone number
brief description of the proposed project and the proposed modification
statement that the project is subject to the addendum provisions of the ministry’s environmental screening process for waste management projects
map showing the project location
brief description of the results of the addendum review
the location(s) where the addendum may be reviewed
web address where the addendum is available for review
elevation requests may be made if a concerned person has outstanding environmental concerns about the modification to the project
brief statement that indicates that any submission from interested persons, government agencies or Indigenous peoples, including any personal information contained therein, will be maintained as part of a record available to the public
address and fax number of the minister and the director of the Environmental Assessment Branch, Ministry of the Environment, Conservation and Parks (where elevation requests are to be sent)

The proponent shall make the addendum available for review for a period of at least 30 calendar days in the location(s) in the project area where the original notice of completion for the project was filed. The proponent shall make technical reports and other supporting information related to the modification available with the addendum. At each viewing location, it is recommended that proponents make more than one copy of the addendum and supporting information available for review, especially for controversial or large project modifications.

The proponent shall mail or deliver the notice of completion of addendum to the appropriate Environmental Assessment Coordinator, all potentially affected members of the public, government review agencies and Indigenous communities as well as those who were provided a copy of the notice of completion for the original environmental screening report. The proponent shall mail a copy of the addendum report and related technical studies to the Environmental Assessment Coordinator, government agencies and Indigenous communities who received a copy of the original environmental screening report.

B.4.4 30-day review period for addendum

If concerns are raised during the 30-day comment period on the addendum, the proponent should attempt to resolve the concerns. If additional time is needed to try to resolve issues, the proponent and the concerned person may agree to continue discussions for a mutually acceptable specified time period beyond the 30-day review period. In these circumstances, the proponent shall notify the director that it and the concerned person have agreed to continue discussions, and the date by which these further discussions will be completed. If the issues related to the project changes remain unresolved, the concerned person can submit an elevation request to the minister within a further seven calendar days of that agreed-upon date.

If one or more requests for elevation of the project are received by the ministry within the 30‑day review period, the project changes cannot proceed until the minister makes a decision on the request(s) for elevation.

If one or more elevation requests are submitted during the 30-day review period, or during an agreed-upon time period after the 30-day review period to the minister, copied to the director, those aspects of the project that the proponent is proposing to modify cannot proceed until the minister makes a final decision on the elevation request(s). See section B.3 for more information on elevation requests.

B.4.5 Statement of completion and implementation of addendum

If no elevation requests are submitted during the 30-day review period, or if the proponent, the director, and the minister are advised in writing that all requests to elevate modifications to the project to a comprehensive EA have been withdrawn, the proponent shall complete the statement of completion form and submit a copy to the director and the Environmental Assessment Coordinator and place a copy on the project file (the original statement of completion will also remain in the project file).

The proponent shall implement the project modifications in the manner described in the addendum and in accordance with any commitments or modifications made subsequent to preparation of the addendum. The proponent shall also comply with any conditions that the minister applies in a decision not to elevate a project.

If no elevation requests are submitted during the 30-day review period, or if the minister, director and proponent are advised in writing that all requests to elevate the modification to the project to a comprehensive EA have been withdrawn, the proponent shall complete the statement of completion form, submit a copy to the director and the Environmental Assessment Coordinator and place a copy on the project file. For more information on project file requirements, see section B.5.

At this point, the proponent has completed the addendum process and the project modifications may be implemented and constructed subject to any other required approvals. The director acknowledges to the proponent, receipt of the statement of completion for the addendum.

Prior to completion of the addendum and submission of statement of completion, the proponent shall not undertake any work in respect of the modification. Furthermore, where implementation of a project has already commenced, the proponent shall not commence work on those portions of the project which are the subject of the addendum. The proponent shall implement the modifications to the project in the manner described in the addendum.

B.4.6 Urgent situation provisions

When a proposed modification to a project is in response to an urgent situation during construction and where a delay in the implementation of the modification would result in negative environmental effects, the proponent shall notify the appropriate Environmental Assessment Coordinator and affected persons, including any Indigenous communities of the modification and then the proponent may implement the modifications without delay.

The proponent shall document the modification in an addendum including the circumstances necessitating the modification, the environmental implications of the modification, and what was done to mitigate, impact manage and monitor any negative environmental effects. A notice of completion of addendum shall be filed (refer to section B.4.3 of the guide) within 30 days of the completion of the modifications to the project. The elevation provisions in respect of the addendum provisions do not apply.

B.4.7 Lapse of time

If a project has met the environmental screening process requirements but has not yet reached the start of construction within five years of submitting a statement of completion, the proponent shall review the environmental screening process and the current environmental setting to ensure that the project and the mitigation, impact management and monitoring measures are still valid. The proponent shall document the review by placing a copy of the review on the project file.

If changes have occurred or modifications are required, the proponent shall apply the addendum process provisions in B.4.

If the proponent does not identify changes in the review, the proponent may commence construction of the project.

B.5 Retention of documents in project files

Proponents shall maintain a project file for any project proceeding under the environmental screening process. Proponents shall include the following documents in the project file, where such documents are prepared for that project:

environmental screening report
addendum
related notices of commencement, notices of completion and statements of completion
any decision letters from the minister on elevation requests
any letters from the director or minister to require further study and the proponent’s response to the further study requests
documentation of any commitments the proponent made to address concerns after an environmental screening report or addendum was prepared
technical reports and other supporting information and copies of all correspondence related to the environmental screening process

The proponent shall keep one copy of the project file on site for the life of the project. The proponent shall make an additional copy of the project file available at a municipal office or other suitable repository in the locality of the project. The proponent shall ensure that the project file remains available at that location for a period of five years from the time the statement of completion was issued.

The proponent shall make documents in the project file available for inspection by any interested person, government agency or Indigenous communities. Upon request, a proponent shall provide the ministry with a copy of materials in the project file.

B.6 Ministry monitoring

B.6.1 Monitoring implementation of the environmental screening process

The Environmental Assessment Branch of the Ministry of the Environment, Conservation and Parks 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. A public record will be established and maintained by the ministry for all projects for which elevation requests have been received. Monitoring implementation will help the branch to identify any modifications or improvements that may need to be made to the environmental screening process.

Note: Schedule I which follows is part of the environmental screening process.

Updated: August 07, 2025

Published: May 09, 2025