A.1 Purpose of the guide

The purpose of this guide is to help proponents of waste disposal sites, consultants, interested persons and Indigenous communities understand the environmental assessment requirements for waste disposal sites as set out in the Comprehensive Environmental Assessment Projects Regulation (regulation), made under the EAA. Specifically, the guide is designed to assist proponents in determining what environmental assessment requirements (if any) apply to a particular waste disposal site, and to set out information about the environmental screening process, which applies to specific waste projects.

The information in part A of the guide provides guidance on the application of the regulation. Part B of the guide sets out the requirements of the environmental screening process referred to in the regulation. If there is any conflict between part A and the regulation and part B of the guide, the provisions of the regulation and part B govern.

Users of this guide should note that information on the regulatory requirements of the regulation have been included here for convenience only. Waste projects described in section 22 and 23 of the regulation are subject to the environmental screening process, provided they are not listed in sections 20 or 21. Part B of the guide, which includes schedule I, sets out the environmental screening process, and is incorporated by reference into the regulation.

Electronic version of acts and regulations are available on the e-Laws website.

A.2 Waste management projects classification

A.2.1 Structure of the waste management projects provisions in the Comprehensive Environmental Assessment Projects Regulation

The regulation is broken down into various parts. Sections 20 and 21 describe the waste projects that are designated by the regulation as projects subject to the requirements for an environmental assessment prepared under part II.3 of the Act (comprehensive environmental assessment).

Section 22 and 23 of the regulation designate other waste projects as projects to which part II.3 of the Act apply; however, these projects are exempted from the requirement to obtain an approval (conditional exemption from part II.3 of the Act) provided that the proponent follows the process and carries out the project in accordance with the environmental screening process for waste management projects. Section 24 of the regulation describes projects that are excluded from the designations. The designations in part IV of the regulation capture the type of project and not the proponent (private or public), which means that the regulation applies to both private and public sector waste projects that are designated.

A.2.2 Application to waste disposal sites

Under the regulation, some waste disposal sites, regardless of whether the proponent is public or private sector, are designated under the Act. Various waste disposal sites are then exempted from meeting the requirements of the Act if the project is carried out in accordance with the environmental screening process (these are outlined in the regulation and summarized in section A.2.4 of this guide). Proponents who want to rely on the exemption provided for in the regulation are required to comply with the provisions of the environmental screening process before proceeding with a project. As well, there are some waste disposal sites, such as transfer/processing stations that process, handle or treat less than or equal to 1,000 tonnes per day of waste, that are not designated as projects subject to the Act.

As outlined in the regulation and summarized in section A.2.4 of this guide, the environmental screening process is applicable to the establishment of the types of waste disposal sites and changes to waste disposal sites described in part IVof the regulation.

A.2.3 Establishment or change of waste disposal sites

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 for waste projects that have been developed to ensure that the purpose of the EAA is met are comprehensive environmental assessments, class EAs (for example, Ministry of Natural Resources’ Resource Stewardship and Facility Development Projects Class Environmental Assessment) and environmental screening process for waste management projects. The ministry developed both the regulation and the environmental screening process to ensure that the purpose of the EAA is maintained in the review of specified waste disposal sites, while promoting a fair, timely, consistent and predictable process that can be conducted in parallel with other legislative requirements. For certain waste disposal sites, the environmental screening process sets out the requirements for assessing the environmental effects of the waste projects, including requirements for consultation with government agencies, Indigenous communities and interested persons, and for documenting the results of the environmental screening process. The environmental screening process also sets out opportunities for these groups to review reports prepared under this process and opportunities to request that projects be elevated (that is, be required to complete a comprehensive EA before proceeding).

The environmental screening process applies to certain waste projects designated in the regulation. The steps in the environmental screening process are outlined in section A.2.4.

In the environmental screening process, the definition of environment is the same as that in the EAA. Environment in the act is broadly defined to include air, land and water as well as natural, cultural, social and economic components. The screening criteria which must be applied to all projects that are exempt, subject to the environmental screening process, reflect this broad definition of environment.

A.2.4 Environmental assessment process streams for waste projects

Under the regulation, the designations of waste projects reflect the type of waste to be managed, and the size (expressed as the volume) for a landfill project or the volume of waste treated and brought on site. In some cases, the ability of a planned facility to undertake thermal treatment to produce energy or recover materials including fuel is also reflected in the environmental assessment requirements.

A.2.4.1 Three categories for waste projects

The first category is for major projects with the potential for significant environmental effects. These projects require a comprehensive environmental assessment, including the preparation of a Terms of Reference and an environmental assessment. For more information on the steps required to conduct a comprehensive environmental assessment, contact the Environmental Assessment Branch.

The second category is for those projects which have predictable environmental effects that can be readily mitigated. These projects are subject to the EAA, but proponents of these projects are not required to prepare a comprehensive environmental assessment on the condition that they complete the environmental screening process (set out in part B of this guide). At any point in the planning process, the proponent may elect to switch process streams and to prepare a comprehensive environmental assessment. There are also provisions in the environmental screening process to elevate projects from the environmental screening process to a comprehensive environmental assessment.

The third category are projects which are carved out from the project designations. Although projects in this category are not required to comply with the EAA they are required to comply with any other applicable existing legislative requirements. The types of facilities in this category are those which are expected to have minimal environmental effects. If there are significant environmental effects associated with a project that is following this process, the proponent could voluntarily enter into an agreement with the ministry to have the requirements of the EAA apply.

The bulleted lists below identify the projects that are subject to a comprehensive environmental assessment, environmental screening or are carved out from the designations, as set out in the regulation. Corresponding parts of the regulation are provided in parenthesis at the end of each activity. Please note that these bulleted lists are for guidance purposes only.

A.2.4.2 Projects subject to part II.3 of the act under the Comprehensive Environmental Assessment Projects Regulation

Establishing any of the following waste disposal sites:

Changing any of the following waste disposal sites:

  • waste disposal site not described in section 20 if making the change results in the site becoming a site described in paragraph 2, 3, 4, 5 or 6 of that section (subsection 21(1) paragraph 1)
  • landfill or dump that would increase the total waste disposal volume by more than 375,000 m3 (subsection 21(1) paragraph 2)
  • landfill or dump that would increase the total waste disposal volume by more than 100,000 but less than or equal 375,000 m3, and the change does not meet the criteria in paragraph 3 of section 23 of the regulation (that is, the change is not exempt on the condition that the environmental screening process is followed) (subsection 21(1) paragraph 3)
  • landfill or dump that:
    • involves the excavation of waste previously disposed of at the landfill or dump
    • the excavation would increase by more than 100,000 m3 the amount of waste that could be deposited at the site without any increase in the total waste disposal volume (section 21 (1) paragraph 4)
  • landfill or dump – hazardous or liquid industrial waste that:
    • results in an increase in the total waste disposal volume of the site
    • involves the excavation of previously disposed of waste (section 21 (1) paragraph 5)
  • thermal treatment site described in a paragraph of section 20 if, after the change, the thermal treatment site would be a thermal treatment site described in a different paragraph of that section; this includes a change to a thermal treatment site described in paragraph 2, 3, 4, or 5 of section 20 even if the only result of the change is that the thermal treatment site is, after the change, also described by paragraph 6 of that section (section 21 (1) paragraph 6)
  • thermal treatment site described in section 20 (including a thermal treatment site at which hazardous or liquid industrial waste is finally disposed of) that increases the amount of waste that is authorized to be thermally treated at the site on any day (section 21 (1) paragraph 7)
  • thermal treatment site described in section 20 paragraph 2, where all energy or fuel is used to dispose of waste, if:
    • of the energy or fuel generated by thermal treatment at the site that is used before the change, not all of the energy or fuel is used to dispose of waste
    • of the energy or fuel generated by thermal treatment at the site that is used after the change, all of the energy or fuel is used to dispose of waste
    • after the change, the site would continue to be a thermal treatment site described in paragraph 2 of section 20 (section 21 (1) paragraph 8)

A.2.4.3 Projects exempted subject to fulfilling the environmental screening process

Establishing any of the following waste disposal sites:

  • landfill or dump 40,000 m3 or more but not more than 100,000 m3 (section 22 paragraph 1)
  • class A thermal treatment site if:
  • the site is located at a commercial, industrial or manufacturing facility
  • the primary purpose of the facility is not the management of municipal waste, hazardous waste, liquid industrial waste or any other kind of waste
  • greater than 100 tonnes of waste are received at the facility per day
  • and of the energy or fuel generated by thermal treatment at the site that is used
    • all of the energy or fuel is used at the facility
    • not all of the energy or fuel is used to dispose of waste (section 22 paragraph 1)
  • class B thermal treatment site if the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is less than or equal to 10 tonnes (section 22 paragraph 3)
  • class C thermal treatment site (section 22 paragraph 4)
  • class D thermal treatment site, if the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 10 tonnes but less than or equal to 100 tonnes, and the annual recovery rate calculated under subsection 19(3) in respect of thermal treatment at the site is less than 70% (section 22 paragraph 5)
  • class D thermal treatment site, if the maximum amount of waste that is subject to thermal treatment at the site on any day, measured by weight, is more than 100 tonnes but less than or equal to 1,000 tonnes, and the annual recovery rate calculated under subsection 19(3) in respect of thermal treatment at the site is equal to or greater than 70% (section 22 paragraph 6)
  • waste disposal site – transfer station site at which:
  • waste is handled, treated or processed
  • on an annual basis, an average of more than 1,000 TPD is transferred from the site for final disposal (section 22 paragraph 7)

Changing any of the following waste disposal sites:

  • waste disposal site not described in section 22 if making the change results in the site becoming a site described in paragraph 2, 3, 4, 5, 6 or 7 of that section (section 23 paragraph 1)
  • landfill or dump that would add 40,000 m3 or more but not more than 100,000 m3 to the total waste disposal volume (section 23 paragraph 2)
  • landfill or dump if the following criteria are:
  • the change would add more than 100,000 but less than or equal to 375,000 m3 to the total waste disposal volume
  • the change would increase the total waste disposal volume by less than or equal to 25%
  • if the environmental screening process was previously followed for a change that met criteria i and ii, it has been at least 10 years since submitting the notice of completion for the previous change met (section 23 paragraph 3)
  • landfill or dump, if the change:
    • involves the excavation of waste previously disposed of at the landfill or dump
    • the excavation would increase by 40,000 m3 or more but not more than 100,000 m3 the amount of waste that could be deposited without an increase in the total waste disposal volume (section 23 paragraph 4)
  • landfill or dump, described in paragraph 1 or 6 of section 20 or paragraph 1 of section 22, that would increase the rate at which the landfill or dump is filled (section 23 paragraph 5)
  • thermal treatment site, described in a paragraph of section 22, to any class of thermal treatment site listed in a paragraph of section 22 to a different class of thermal treatment also described in that section (section 23 paragraph 6)
  • thermal treatment site, described in a paragraph of section 22, that increases the amount of waste that is authorized to be thermally treated at the site on any day (section 23 Paragraph 7)
  • thermal treatment site, described in a paragraph of section 22, that would increase, on an annual basis, the average amount of waste transferred off of the site for final disposal by an average, on an annual basis, of more than 1,000 TPD (section 23 paragraph 8)
  • waste disposal site, described in section 20 or section 22,that would include new area to the geographic area from which the site is authorized to receive waste (section 23 paragraph 9)

A.2.4.4 Exemptions to designations

Establishing any of the following waste disposal sites:

Changing any of the following waste disposal sites:

  • waste disposal site if making the change is exempt from section 27 of the EPA or section 53 of the Ontario Water Resources Act (section 24 (1) (b))
  • waste disposal site, if the change is required by an order made under the EPAor the Ontario Water Resources Act(section 24 (1) (d))
  • waste disposal site, if the change involves excavating waste that was previously disposed of at the site and the director is of the opinion that:
    • the primary purpose of the excavation is not to increase the amount of waste that will be deposited at the site
    • all of the purposes of the excavation are appropriate (section 24 (1) (e))
  • landfilling site that is exempt, under section 5.2 of Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the EPA, from being the subject matter of a hearing under subsection 20.15(1) of that Act, if the change is to a landfilling site and the change increases:
    • the service area of the landfilling site
    • the rate at which waste may be received at the landfilling site from areas within its service area (section 24 (1) (k))

Establishing or making a change to any of the following waste disposal sites:

  • waste disposal site if the only waste deposited, disposed of, handled, stored, transferred, treated or processed at the site is waste that, under Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the EPA, is exempt from part V of that act (section 24 (1) (c))
  • waste disposal site, other than a site where liquid industrial waste or hazardous waste is disposed of, if the director is of the opinion that establishing or changing the site will alleviate an emergency situation that exists by reason if:
    • danger to the health or safety of any person
    • impairment or immediate risk of impairment of the quality of the natural environment for any use that can be made of it
    • injury or damage or immediate risk of injury or damage to any property or to any plant or animal life (section 24 (1) (f))
  • thermal treatment site, other than a Class D thermal treatment site, if:
  • the site is located at a commercial, industrial or manufacturing facility
  • the primary purpose of the facility is not waste management
  • not more than 100 TPD are received at the facility
  • of the energy or fuel generated by thermal treatment at the site that is used:
  • all of the energy or fuel is used at the facility
  • not all of the energy or fuel is used to dispose of waste (section 24 (1) (h))
  • thermal treatment site, if:
  • the site is located at a commercial, industrial or manufacturing facility
  • the primary purpose of the facility is not the management of municipal waste
  • hazardous waste, liquid industrial waste or any other kind of waste
  • all of the waste that is subject to thermal treatment at the site is generated at the facility
  • of the energy or fuel generated by thermal treatment at the site that is used, all of the energy or fuel is used to dispose of waste (section 24 (1) (i))
  • landfilling site or dump if:
  • the landfilling site or dump is owned by a person engaged in forest products operations
  • no hazardous waste or liquid industrial waste is deposited at the landfilling site or dump
  • the only waste deposited at the landfilling site or dump is produced by the person who owns the landfilling site or dump or by other persons engaged in forest products operations
  • the waste deposited at the landfilling site or dump is predominantly solid process waste, such as wood waste, effluent treatment solids, hog-fired boiler ash, recycling process rejects, lime mud, grits or dregs (section 24 (1) (j))
  • waste disposal site project that is a project of a type to which an approved class environmental assessment applies (section 24 (1) (l))
  • waste disposal site that is a renewable energy generation facility, unless any of the criteria in subsection 24(2) are met (section 24 (1) (m))

A.3 Consultation overview

Consultation early in and throughout the process is a key feature of environmental assessment planning. This section provides a general overview of consultation activities with government agencies, interested persons and Indigenous communities. This overview discussion is provided as guidance; the specific requirements regarding consultation (that is, mandatory notification and documentation) in the environmental screening process are described in part B of this guide in the applicable process steps.

The Ministry of the Environment, Conservation and Parks’ Code of Practice for Consultation in the Environmental Assessment Process should be referred to for additional information on consultation.

To improve efficiency, proponents are encouraged to combine or coordinate consultation required for other approvals with their consultation for the environmental screening process. The environmental screening process can complement and contribute to other processes that may apply to a waste project, such as an official plan amendment.

A.3.1 Public consultation

The purpose of public consultation in the environmental screening process is to allow the proponent to identify and consider concerns and issues and to provide interested persons 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 persons, which include those potentially affected by the project
  • identify and assess the range of environmental (which includes socio-economic) effects of the project
  • address the concerns of interested persons, which include adjacent property owners, interest groups and persons that may be affected by some aspect of the project

It is the proponent’s responsibility to design and implement an appropriate consultation program for the project. At a minimum, the program should provide appropriate opportunities and forums for interested persons to participate in the environmental screening process and must incorporate the mandatory public notification requirements specified in the environmental screening process. Based on the potential environmental effects and level of public interest associated with each project, proponents may decide to add other 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. Failure to carry out adequate public consultations or to address interested persons’ issues or concerns are often the reason for requests to elevate projects to a comprehensive environmental assessment (refer to B.3 of this guide for additional information on elevation requests). The proponent’s public consultation program, including methods used to obtain input and efforts to address or resolve concerns and issues, will be considered by the minister in the event of a request to elevate the project.

The proponent’s public consultation program should:

  • identify potentially interested persons
  • describe how the project may affect the environment
  • provide notification to interested persons as prescribed in the environmental screening process
  • inform interested persons where, when and how they can be involved
  • identify interested persons’ concerns and issues related to the project
  • address interested persons’ concerns and issues raised during the program
  • document how interested persons’ input is taken into account in the environmental screening process
  • commence early in the environmental screening process and continue throughout the process as necessary
  • maintain a record and mailing list of all participants in the consultation process, a record of interested persons concerns and issues and a record of how any concerns and issues have been addressed during the environmental screening process

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 environmental screening process.footnote 1

A.3.2 Government agency consultation

The purpose of government agency consultation is to inform and receive input from all government agencies with jurisdiction or a program interest related to a particular waste 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 government agencies. At a minimum, relevant government agencies are provided with copies of the mandatory notices. To obtain a general list of government agencies that may have jurisdiction or an interest in the review and approval of waste projects please contact the Environmental Assessment Branch.

The proponent is responsible for contacting the appropriate government agency technical representatives. The mandates of government review agencies are such that the agencies’ needs and requirements for information may be more stringent than for interested persons. Proponents should be prepared to provide government review agencies with detailed information when requested. Proponents are advised to follow up with the relevant government review agencies to ensure that the appropriate personnel have received notification of the project and that sufficient time is provided for the government agency’s review.

Where many government agencies are involved in the project and where the issues are complex, proponents may find it beneficial to hold meetings with all government agencies. This can help ensure consistent communication and information across government agencies.

Government agency issues and concerns should be suitably addressed prior to release of the environmental screening report for formal review through issuance of the notice of completion. This will help avoid fundamental concerns or disagreements being raised at a late stage in the environmental screening process. Providing government review agencies with an opportunity to comment on draft reports can be helpful in this regard. Proponents are strongly encouraged to circulate draft environmental screening reports to the appropriate government agency contacts for comment prior to the formal review periods. Adequate time must be provided for government review agencies to comment on draft reports. Circulation of draft reports to government agencies allows the proponent the opportunity to include government review agency final comments in the final report, so that interested persons have an opportunity to see whether government agencies have any concerns about the project.

Please note that information on which government agencies were consulted, government agency concerns or issues and how they have been resolved or addressed, as well as copies of key government agency comments are required to be included in the environmental screening report.

A.3.3 Consultation with Indigenous communities

Consultation with Indigenous communities in the environmental screening processes 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. Proponents are expected to consult with all interested and potentially impacted Indigenous communities as described in section A.3.1.

To confirm a list of Indigenous communities that must be consulted, the proponent will contact the Environmental Assessment Branch.

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 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.

The environmental screening process set out in this guide describes some of the actions that proponents are required to take with respect to consultation with Indigenous communities. The Crown will rely on this consultation, where the Crown's duty to consult obligation arises, to fulfill procedural aspects of consultation. Proponents will document the consultation process with Indigenous communities in the environmental screening report (refer to B.1.2 of this guide).

A.4 Other provisions

A.4.1 Change of proponent

Due to unforeseen circumstances, there is the potential for a proponent of a waste project to change during the environmental screening process. If the change occurs prior to submission of the environmental screening report, then the new proponent has the opportunity to make modifications to the report until the point of submission. However, if the change in proponency occurs after the environmental screening report has been completed and the notice of completion has been posted, then modifications to the report are not permitted. This means that the new proponent must follow any commitments made in the report in order to receive the exemption from the EAA. Note that a simple change in proponency is not subject to the provisions of the regulation. However, where a change of proponent may impact the operation of a waste disposal site, the new proponent may need to assess the operational modification associated with the acquisition of the site to determine if some level of review is required.

A.4.2 Thermal treatment projects

The regulation designates some types of projects related to waste disposal sites that manage waste by using thermal treatment. These sites thermally treat waste to dispose of it, and may generate energy (electricity and heat), or may thermally treat waste and recover material, including fuel.

Thermal treatment sites that both generate electricity and manage waste, may be designated as subject to the EAA under both part IV (waste management project) and part II (electricity projects) of the regulation. For projects designated under both parts, the designations in part IV (waste management project) governs. Waste-fueled electricity projects that require approval as waste disposal sites or systems under section 27 of the EPA are subject to this environmental screening process, while waste-fueled electricity projects that are not subject to section 27 of the EPA governed by the designations in part II (electricity projects) of the regulation. Proponents of projects that are subject to the environmental screening process for waste management may also want to refer to the guide to environmental assessment requirements for electricity projects to obtain any pertinent information that could assist them in identifying and assessing environmental effects related to the electricity component of the project.

Another purpose of thermal treatment projects is the recovery of valuable materials through advanced recycling. Examples of thermal treatment technologies that are used to recover materials include gasification and pyrolysis facilities. Advanced recycling technologies can use heat and pressure to break down waste to generate a valuable material that can be used as an alternative fuel, or as a feedstock to replace a virgin material.

For more information on the environmental assessment requirements for thermal treatment sites see appendix B.

A.4.3 Other legislation

Completion of the environmental screening process, under the EAA, 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 environmental screening process. Environmental information, analysis and consultation required in appropriate circumstances for the environmental screening process can be used by proponents in appropriate circumstances in obtaining other environmental approvals and permits. In turn, information compiled for other approvals can be used in preparing reports and documentation under the environmental screening process.

The following statutes and regulations associated with them, may contain provisions that relate to the establishment or changing of one or more types of waste disposal sites. This is not an exhaustive list and proponents are responsible for identifying all applicable legal requirements.

Federal Legislation:

Waste projects may also be subject to a federal assessment process. More information on the federal assessment process and any potential requirements can be found on the Impact Assessment Agency of Canada’s website.

A.4.3.1 Environmental Bill of Rights

Some approvals under provincial legislation (for example applications for an environmental compliance approval under the EPA) are “classified instruments” under the Environmental Bill of Rightsfootnote 2. Applications for classified instruments are subject to public participation requirements of the Environmental Bill of Rights, including posting of proposals on the Environmental Registry. However, under section 32 of the Environmental Bill of Rights, proposals that are a step toward implementing a project that has been approved under the EAA or exempted from the act’s requirements are exempted from Environmental Bill of Rights public participation requirements. Since projects that are reviewed under the environmental screening process are proceeding in accordance with the exemption provided for in the regulation made under the EAA, subsequent approvals related to such projects are exempt from the Environmental Bill of Rights public consultation requirements. Approvals related to waste projects that are not designated (that is, described as “no environmental assessment requirements” projects in this guide, such as transfer/processing stations that process, handle or treat less than or equal to 1,000 tonnes per day) are not exempted from Environmental Bill of Rights requirements. The ministry’s guides to applying for approvals under the EPA and Ontario Water Resources Act contain further information about Environmental Bill of Rights exemptions.

A.4.4 Class environmental assessments

There are some project types which are subject to an approved class environmental assessment (for example the Ministry of Natural Resources Stewardship and Facility Development Class EA) and which may also be described by a project designation in part IV (waste management project) in the regulation. Section 24 (1) (l) provides that the waste project designations do not apply to a project that is of a type to which an approved class environmental assessment applies. The class environmental assessment requirements therefore govern for these types of projects.

Footnotes