Main elements of the regulations

1.1 Types of projects that are designated

Under the Comprehensive EA Projects Regulation, all public transit and rail projects that are designated as part II.3 projects are exempt from the EAA. This regulation sets out the condition of exemption, namely the requirement to proceed with a project in accordance with the project assessment process set out in O. Reg. 231/08.

The classes of projects that are conditionally exempted are set out in sections 14, 15, 16 and 17 of the Comprehensive EA Projects Regulation.

The definitions of the public transit and rail projects which are conditionally exempt subject to following the project assessment process set out in O. Reg. 231/08 are provided in section 1 and part III of the Comprehensive EA Projects Regulation.

The designation of certain transit and rail projects under the EAA is based on the project being on or adjacent to a sensitive area.

Sensitive area is defined in the Comprehensive EA Projects Regulation to mean either:

1. an area of residential land use
2. an environmentally sensitive area such as an area that includes either:
   • natural heritage features
   • cultural heritage or archaeological resources
   • recreational land uses or other sensitive land uses

If a transit or rail project is not set out in the Comprehensive EA Projects Regulation, there are no requirements under the EAA and it may proceed subject to any other required authorizations under other legislation.

The following list presents some examples of transit or rail projects that are covered by the Comprehensive EA Projects Regulation and transit or rail projects that have no EAA requirements.

It should be noted that proponents of transit or rail projects are not required to use the 6-month process under O. Reg. 231/08 (that is, are not required to rely on the exemption). They may choose to proceed through a comprehensive EA (part II.3 of the EAA). They may also proceed through the other process (comprehensive or class EA) instead if their project is one to which an approved class EA applies and the proponent provides notice to the director of their intention to proceed through the class EA process.

1.1.1 Examples of some transit and rail projects and their requirements

Transit and rail projects subject to project assessment process:

• establishing a new streetcar line (sometimes referred to as light rail)
• establishing a new rail line (freight rail or passenger) or subway line (sometimes referred to as heavy rail)
• constructing or making a change to tracks to increase service on an existing transit or rail line which would require altering certain infrastructure or constructing certain new infrastructure (for example, constructing or relocating a storage yard)

Certain project types are designated only when they are proposed to be located in or adjacent to a sensitive area, for example:

• new passenger stations
• new maintenance facility
• new storage yard
• new rail yard
• new freight facility
• certain changes to projects

Transit and rail projects not subject to EAA:

• resurfacing, rehabilitation to existing transit-related buildings and facilities, which may include:
  • parking lots
  • lighting
  • facility surveillance systems
• bus stopping lanes, bus access lanes, shelters for bus stops
• safety systems for example, barriers, signs
• signals, traffic control devices
• temporary rail/bus service changes (for example, for special events) on non-regular rail or bus routes
• changes to existing stations or changes to a rail yard or storage yard if the change does not require an extension of the site and that yard is not located in or adjacent to a sensitive area
• establishing or re-establishing service on an existing transit or rail track that would not require any construction activity (constructing new or modifying existing infrastructure)
• establishing, constructing, or changing tracks including main tracks, passing tracks, bypass tracks and spur lines when undertaken by ONTC and
  • if the tracks are less than 1.5 km in length
  • if they are not proposed to be located in or adjacent to a sensitive area
• repairing or replacing a culvert associated with a rail line or a linear component of a transit system, if the repair or replacement changes the capacity of the culvert or drainage area when undertaken by a municipality

1.1.2 Transit system that will not have same location, purpose or use

The Comprehensive EA Projects Regulation applies to reconstructing a rail line or a linear component of a transit system if the reconstructed rail line or linear component of a transit system will not have the same location, purpose or use as it had before the reconstruction.

For example:

• the replacement or upgrading of a structure or facility or its performance
• where the objective and application remain unchanged
• the volume, size and capability do not exceed existing volume, size and capability
• there is no material change in location

Some examples of project types that would be for same purpose, use and location and would not be subject to the EA requirements are:

Example:

1. replacement of existing tracks with new tracks where the tracks are located, for example, in an existing rail or storage yard and no land acquisition is required and the replacement is for same purpose and use with no change to capacity (number of trains, passengers)
2. reconstruct a track to increase train speeds and improve safety — for example, replace 80 lb rail with 100 lb rail
3. reconstruct (that is, replace) crossings when they reach end of life, on same location with no change to the capacity, purpose or use

1.2 Pre-planning phase — before issuing notice of commencement

Before initiating the 6-month, time-limited project assessment process set out in O. Reg. 231/08, for their designated transit and rail projects, proponents may undertake certain pre-planning activities. The ministry recommends that proponents be well prepared before initiating the process under O. Reg. 231/08 because:

• the project assessment process is a time-limited process
• the exemption of a particular project depends on following the prescribed steps in O. Reg. 231/08 and complying with the prescribed time limits in it

During the project pre-planning phase before initiating the project assessment process, proponents of transit and rail projects are expected to identify and engage with the relevant regulatory agencies and potentially impacted and interested Indigenous communities. This will assist in determining whether their project is in or adjacent to a sensitive area. This is relevant to whether a project is a designated project or not by identifying matters of provincial importance and any potential impacts on constitutionally protected Aboriginal or treaty rights from the designated project.

Proponents wishing to maintain or build positive relationships in communities where proposed transit or rail projects are to be implemented should consider involving or consulting with a broad range of potentially interested persons in pre-planning. They can consult leading up to the proponent’s decision about whether and what transit or rail project to proceed with. This may make the project assessment process itself smoother and more expedient.

The transit and rail projects which are designated based on the project being in or adjacent to a sensitive area are the following and certain changes to projects:

• new passenger station
• new passenger pick-up/drop off area
• new park-and-ride lot
• new grade separation in respect of a rail line or a linear component of a transit system
• new storage yard
• new maintenance facility
• new rail yard
• new rail freight facility

Sensitive area is defined in the Comprehensive EA Projects Regulation as an area of:

• residential land use, or
• an environmentally sensitive area such as an area that includes either:
  • natural heritage features
  • cultural heritage or archaeological resources
  • recreational land uses or other sensitive land uses

One of the activities that proponents would undertake during the pre-planning phase is to determine if their project is designated under the EAA based on being located in or adjacent to a sensitive area. Proponents are expected to engage Indigenous communities that may potentially be impacted or interested in a project, as well as regulatory agencies as needed, in determining whether the proposed projects are located in or adjacent to a sensitive area. Indigenous communities and the Ministry of Citizenship and Multiculturalism (MCM) may assist in identifying, for example, the potential for archaeological resources.

During the pre-planning phase, the branch can assist proponents by providing a list of Indigenous communities who may potentially be impacted or interested in any proposed project as well as a generic list of regulatory agencies that could be contacted. Proponents should contact the branch at the beginning of the pre-planning phase to obtain or confirm these lists. It is requested that proponents provide the following information about the proposed project when contacting the branch:

• location
• description
• potential environmental effects
• engagement and known concerns or interests from Indigenous communities or interested persons

For information on the meaning of natural and cultural heritage features, proponents should review:

• information provided in municipal official plans
• Provincial Planning Statement
• certain provincial plans
• other documents published by municipalities
• the information on the websites of conservation authorities and all relevant provincial ministries

The project assessment process focuses on an EA of the selected transit or rail project only. A proponent is not required as part of the process to explain the rationale for a transit or rail project or revisit previous planning decisions made leading up to the selection of a particular transit or rail project. However, depending on the scale, scope, level of complexity and potential public or Indigenous community interest, a proponent’s pre-planning activities may include preliminary studies to identify, assess, and evaluate rationale for alternatives to the transit or rail project for example, strategic, conceptual, feasibility or demand analysis.

1.2.1 Strategic planning for public transit

Proponents should consider using some of the recommended approaches before starting and during the project assessment process set out in O. Reg. 231/08. Please note that the following approaches are generally not regulatory requirements, but rather suggestions that may assist proponents in completing the project assessment process.

Some approaches that may assist in completing the project assessment process for transit and rail projects

Before issuing the notice of commencement:

• contact the ministry to obtain the name of a ministry representative who can assist, coordinate, or provide guidance about potential or expected requirements of the project assessment process (project officer or transit coordinator from the branch)
• contact the director to confirm the list of Indigenous communities that may be impacted by or interested in a proposed project
• prepare a consultation plan(s) or strategy(ies) and seek input on the best methods for consulting with Indigenous communities, adjacent property owners, regulatory agencies and municipalities
• prepare a proposed project schedule for conducting the project assessment process
• start pre-notification activities with Indigenous communities, adjacent property owners, regulatory agencies and municipalities
• identify potential issues that may be considered provincially important
• identify issues that may be of particular interest to Indigenous communities, including as part of the initial project screening and identification of sensitive areas that a transit or rail project may be within or adjacent to, particularly where a project would not otherwise be designated and may be of concern to Indigenous communities.
• engage communities on issues of importance to them, including areas for potential archeological resources as well as potential impact to constitutionally protected Aboriginal or treaty rights
• identify other potential (for example, federal) regulatory requirements
• respond to issues and concerns that may be raised during pre-consultation, including potential impacts to Aboriginal or treaty rights
• provide opportunities for Indigenous communities, adjacent property owners, regulatory agencies, municipalities to review any draft methodologies, approaches, results of any studies, documentation and others
• conduct studies in respect of the transit or rail project (section 2.4 in this guide) to identify:
  • existing baseline environmental conditions
  • environmental and land use constraints
  • project-specific location or alignment
  • parking strategies, infrastructure, construction staging, land requirements
  • station, stop, intermodal locations
  • other alternative methods considered (for example, different design alignments)
  • how the transit or rail project fits in with existing and future land uses, connects with other existing and future transportation facilities/services
  • expected environmental impacts (both positive and negative) and proposed measures to mitigate potential negative impacts
• explain and document why a potential negative impact may or may not be a negative impact on a matter of provincial importance or on a constitutionally protected Aboriginal or treaty right
• prepare a preliminary draft of the EPR and provide to persons who may be interested, and Indigenous communities, adjacent property owners, regulatory agencies, municipalities.       
  Note
  • communication with interested persons, including Indigenous communities, about the draft should make it clear that:
    • a notice of commencement will follow
    • providing the draft report does not preclude further comments in relation to studies and the assessment that can form part of the final EPR that is required by the Transit and Rail Regulation
  • the final EPR is also required to be made available following the publishing of a notice of completion of the report and in respect of which any outstanding objections can be made (within 30 days of the publishing)
• go to municipal council with a draft EPR
• establish a transit or rail project website

After issuing the notice of commencement (during the project assessment process for transit and rail projects):

• maintain a project file and keep it current (for example, include all notices prepared by the proponent and given by the minister, addenda, additional studies or consultation as required by the minister, correspondence)
• keep a record of consultation and follow-up activities with all interested persons and Indigenous communities and update it regularly (especially for matters related to the natural environment, property of cultural heritage value or interest, and potential adverse impacts to constitutionally protected Aboriginal and treaty rights)
• include in any notices distributed, published or posted:
  • proponent’s name and address
  • name, phone number and e-mail address if any, of a person who may be contacted on behalf of the proponent
  • brief description of the transit or rail project
  • map showing the site of the transit or rail project
  • website address for transit or rail project where publicly available background information and transit or rail project documentation can be accessed
  • statement that informs the public and Indigenous communities that comments and submissions will form part of a public record file and can be made available under the Freedom of Information and Protection of Privacy Act, where appropriate
• consider sharing publicly available pre-planning and technical background studies (for example keep in project file, make available on transit or rail project website) with interested persons and Indigenous communities
• include in the EPR copies of responses received from regulatory agencies and Indigenous communities, including statements of no concern
• indicate significance of impacts, both positive and negative, and reasoning
• consider publishing a notice of construction well in advance of construction or installation starting
• post monitoring and compliance report(s) on proponent’s or project website

1.3 Key components of the process – after issuing notice of commencement

The project assessment process set out in O. Reg. 231/08 is a 6-month time limited process that starts when proponents issue a notice of commencement for their designated transit or rail projects.

O. Reg. 231/08 sets out timelines, notification, consultation and documentation requirements. Section 2 in this guide provides detailed information on the process.

Other key elements of the process including the time out process, objection process as well as considerations related to provincially important matters and potential impacts to Aboriginal and treaty rights and lapse of time related matters are explained in following sections. The minister’s powers are also described in the following sections.

1.3.1 Time out process

Once a proponent initiates the project assessment process set out in O. Reg. 231/08 with the issuance of a notice of commencement, timelines apply with respect to consultation, document completion and the minister’s authority to act. However, if certain issues specified in O. Reg. 231/08 arise during the 120‑day period, following the issuance of the notice of commencement, the proponent will have the option of stopping the clock to take a time out before continuing with the process. In deciding whether to take a time out in respect of the issue, the proponent should consider whether there is time to address the issue within the 120 days without having to take a time out.

Time out provisions

Proponents can use the time out provision only when issues are associated with:

• a potential negative impact on a matter of provincial importance (refer to section 1.3.4 in this guide for further information)
• a potential negative impact on a constitutionally protected Aboriginal or treaty right

In determining whether to use the time out provision, proponents should contact and consult with the appropriate interested persons (for example, regulatory agencies and municipalities) and Indigenous communities to get information or guidance, including obtaining information on matters that may be considered provincially important or related to constitutionally protected Aboriginal or treaty rights. This consultation may form the basis or need for a time out from the regulated timeline and will allow the proponent to address any outstanding issues.

As part of the pre-planning activities, the branch can assist proponents by providing a list of regulatory agencies that could be contacted as well as a list of Indigenous communities. Based on the nature of the project and the potential environmental impacts, the proponent is responsible for identifying regulatory agencies which may have an interest in a specific project. See also section 2.2.1.1 in this guide for potentially interested persons (for example, examples of regulatory agencies with a mandate relevant to the natural environment and or cultural heritage value or interest).

Section 2.2.1.1 provides some examples of potentially interested persons. This is for reference only.

If a proponent proposes to take a time out, based on the considerations above, the proponent must provide a notice describing the issue to the director and post the notice on its website.

When the proponent is of the opinion that reasonable efforts have been made to deal with the issue, the proponent may resume the project assessment process by notifying the director. The proponent should consult with the branch about the resumption of regulated timelines prior to issuing the notification. The proponent may also update its documentation as a result of the timeout including any required additional assessment work or update its consultation record in finalizing the proponent’s EPR.

1.3.2 Objection process

Objections can be submitted to the branch for the minister to consider if a person, entity, regulatory agency or Indigenous community has concerns about a potential negative impact of a transit or rail project on:

• a matter of provincial importance that relates to the natural environment or has cultural heritage value or interest (matter of provincial interest)
• constitutionally protected Aboriginal or treaty rights

Persons wishing to submit an objection for the minister to consider should provide the following information:

• name, mailing address, organization, or affiliation (where applicable), daytime phone number and e-mail address
• name and address of the proponent (individual or organization as appropriate), proponent contact name and phone number, proponent’s agent or representative and phone number (where applicable)
• brief description of the proponent’s proposed project, including the location
• basis for why further study is required, including any identification of negative impacts that relate to a matter of provincial importance or on a constitutionally protected Aboriginal or treaty right that was not identified or considered in the proponent’s EPR
• summary of how the person(s) objecting to the transit or rail project has participated and been involved in the proponent’s consultation process (for example meetings, phone calls, notifications)

Any outstanding objections to a transit or rail project must be provided in writing and as soon as possible after the finalization of the EPR (notice of completion). Objections received after the 30-day review period following the finalization of the EPR will not be considered by the minister.

Persons or entities (regulatory agencies, members of the public and Indigenous communities) have 30 days from the time a proponent publishes its notice of completion of the EPR for a final review of what a proponent has done and to submit objections to the minister. To ensure that there is adequate time to consider objections, the objection should also be provided to the director and the proponent.

The ministry will forward a copy of the objection(s) for the proponent to consider. Proponents will be given less than one week to comment on the objection(s).

If an objection is submitted to the minister during the 30-day review period, the proponent will be given an opportunity to comment on the concerns raised in an objection(s) before the minister acts. The proponent should consider providing any comments about the objection(s) to the ministry as soon as possible or in the time frame specified by the ministry. In providing comments to the ministry on an objection(s), the proponent should:

• identify or extract and reference, the appropriate sections in the EPR that are relevant to the objection (for example, record of consultation, supporting documentation)
• provide the ministry with relevant information, where such information is not identified or included in the EPR (for example any information that may have been prepared before starting the project assessment process set out in O. Reg. 231/08)

A person can withdraw their objection by providing the minister written notice.

After the 30-day review period has ended, the minister has 35 days within which they may exercise certain authority (see section 1.3.3). A proponent may not proceed with the transit or rail project before the end of the 35-day period unless the minister gives a notice allowing the proponent to proceed.

1.3.3 Minister’s powers

O. Reg. 231/08 sets out the circumstances in which the minister may exercise their discretion to act concerning a proposed transit or rail project. Following the 30-day review period for an EPR, the minister will have 35 days to consider whether the transit or rail project may have a negative impact on:

• a matter of provincial importance
• a constitutionally protected Aboriginal or treaty right

Before the minister acts, the minister is required to consider any objections submitted during the 30-day review period.

The minister cannot act after the 35-day period has expired.

Whether there is an objection or not, if the minister acts within the 35-day period, one of three notices may be issued to the proponent:

• a notice to proceed with the transit or rail project as planned in the EPR
• a notice that requires the proponent to take further steps, which may include further study or consultation
• a notice allowing the proponent to proceed with the transit or rail project subject to conditions

If the minister does not act within the 35-day period, the transit or rail project may proceed as planned in the proponent’s EPR. However, generally the minister will exercise their discretion to act and will give one of these notices to a proponent for each transit or rail project that follows the project assessment process set out in O. Reg. 231/08.

The minister may also terminate the proponent’s project assessment process set out in O. Reg. 231/08 and require that either an EA or a class EA process be followed:

• when the minister is of the opinion that the revised EPR does not appropriately address the negative impact
• when the minister is of the opinion that the revised addendum to the EPR does not appropriately address the negative impact

The minister has authority to give a proponent a notice requiring that further steps be taken within a specified period if the minister is of the opinion that additional studies are required to consider the project further. This may be in relation to a potential negative impact on a matter of provincial importance or on a constitutionally protected Aboriginal or treaty right.

The minister has authority to give a proponent a notice to proceed, subject to conditions, if the minister is of the opinion that conditions will appropriately address a potential negative impact on a matter of provincial importance or on a constitutionally protected Aboriginal or treaty right.

If the minister gives a notice requiring that further steps be taken (for example, conduct additional studies), the proponent is required to:

• prepare a revised EPR
• submit it to the minister with a copy to persons who may be specified in the minister’s notice
• post the revised EPR on its website within the specified time frame

If, within 30 days after receiving the revised EPR the minister is of the opinion that it still does not reflect that any potential negative impacts on matters of provincial importance or constitutionally protected Aboriginal and treaty rights will be appropriately addressed, the minister can terminate the project assessment process and either:

• require the proponent to comply with part II.3 of the EAA (that is prepare a comprehensive EA, including a terms of reference)
• require the proponent to comply with an approved class EA that may apply to the project before proceeding with the transit or rail project

If the minister is of the opinion that the revised EPR has addressed the negative impacts, the minister may give the proponent notice allowing it to proceed with the transit or rail project according to the revised EPR.

The minister has the authority to amend or revoke conditions in a notice given to the proponent. The minister can only amend or revoke a condition:

• in the case of a revocation of a condition, if they are satisfied that the condition is no longer needed to address the negative impact that it was originally imposed to address
• in the case of an amendment to a condition, if they are satisfied that the amendment will appropriately address the impact that the original condition was intended to address 

1.3.4 Considering matters of provincial importance and constitutionally protected Aboriginal or treaty rights

The term matter of provincial importance means the following phrase in its entirety: A matter that relates to the natural environment or has cultural heritage value or interest.

Considering and addressing potential negative impacts on matters of provincial importance or on constitutionally protected Aboriginal or treaty rights during the project assessment process may occur at any point, but are particularly relevant in the following situations:

• when a proponent is preparing the EPR, including identifying expected environmental impacts (both positive and negative) and proposed measures to mitigate potential negative impacts
• when a proponent is considering whether to take a time out during the 120-day consultation and documentation time frame
• when persons or entities, including property owners and members of the public, regulatory agencies and Indigenous communities are considering submitting an objection to a proposed transit or rail project to the minister
• if the minister exercises their discretion to act on a proposed transit or rail project

In forming an opinion, the minister may use the following list as a guide in considering whether a transit or rail project could negatively impact a matter of provincial importance.

Note that the list is not exhaustive:

• Proponents are expected to contact and consult with the appropriate persons or entities (for example, regulatory agencies, Indigenous communities and municipalities) to get information and guidance, including obtaining information on matters that may be considered provincially important or related to constitutionally protected Aboriginal or treaty rights.
• Information, specific requirements and guidance that proponents might receive from regulatory agencies may include a proponent being asked to conduct appropriate studies, consultation and more to find out whether a natural environment feature is significant or might be considered significant, or whether a property (or area or district) has cultural heritage value or interest.
• When dealing with any property of cultural heritage value or interest, provincial importance is not restricted to property meeting the criteria as set out under the Ontario Heritage Act in Ontario Regulation 10/06, Criteria for Determining Cultural Heritage Value or Interest of Provincial Significance.

Proponents are required to identify and contact potentially interested persons or entities including regulatory agencies (provincial and federal), municipalities and Indigenous communities. The branch can assist by providing a list of regulatory agencies which have an interest in reviewing transit projects. A list of potentially interested persons or entities is provided in section 2.2.1.1 of this guide for reference.

Some matters that may be relevant in determining provincial importance (note that the list is not exhaustive):

• a park, conservation reserve or protected area
• extirpated, endangered, threatened or species of special concern and their habitat
• a wetland, woodland, habitat of wildlife or other natural heritage area (for example, prairie)
• an area of natural or scientific interest (earth or life science)
• a stream, creek, river or lake containing fish and their habitats
• an area or region of surface water or groundwater or other important hydrological feature
• areas that may be impacted by a known or suspected on- or off-site source of contamination such as a spill, a gasoline outlet, an open or closed landfill site, and more.
• protected heritage property
• built heritage resources
• cultural heritage landscapes
• archaeological resources and areas of potential archaeological interest
• an area designated as an escarpment natural area or an escarpment protection area by the Niagara Escarpment Plan under the Niagara Escarpment Planning and Development Act
• property within an area designated as a natural core area or natural linkage area within the area to which the Oak Ridges Moraine Conservation Plan under the Oak Ridges Moraine Conservation Act, 2001 applies
• property within an area described as a key natural heritage feature or a key hydrologic feature in the Protected Countryside by the Greenbelt Plan under the Greenbelt Act, 2005

Regulatory agencies and Indigenous communities may also identify acceptable measures the proponent may use to avoid, prevent or mitigate potential negative environmental effects, including potential effects in relation to a matter of provincial importance or potential impacts to constitutionally protected Aboriginal or treaty rights. In this guide, section 2.4 lists those studies that a proponent may be expected to carry out in order for a regulatory agency to advise on whether a matter is of provincial importance.

Proponents are also expected to identify and engage with the relevant regulatory agencies and potentially impacted or interested Indigenous communities in determining whether their project is in or adjacent to a sensitive area, particularly where this is relevant to whether a project is a designated project or not.

1.3.5 Addendum process

O. Reg. 231/08 includes an addendum process (refer to section 15 of O. Reg. 231/08) for proponents seeking to make changes to a transit or rail project after the statement of completion. for the transit or rail project is submitted. This addendum process is intended to address the possibility that, in implementing a transit or rail project, certain modifications may have to be made that are inconsistent with the EPR.

If a proponent wishes to make a change to its transit or rail project in a way that is inconsistent with its EPR, the proponent must prepare an addendum to the EPR. The addendum must contain the following information:

• a description of the change
• the reasons for the change
• the proponent’s assessment and evaluation of any impacts that the change might have on the environment
• a description of any proposed measures for mitigating any negative impacts that the change might have on the environment
• a statement of whether the proponent is of the opinion that the change is significant (or not), and the reasons for the opinion

If the proponent is of the opinion that the proposed change to the transit or rail project is significant, the proponent must distribute and publish a notice of EPR addendum and post it on its website. The notice must also be provided to:

• the director
• every property owner within 30 metres of the site of the change
• Indigenous communities that were given a notice of commencement
• any other person who the proponent thinks may be interested in the change to the transit or rail project

O. Reg. 231/08 also sets out what the addendum to the environmental project report must contain and also sets out certain requirements with respect to the giving of the notice to Indigenous communities.

The process and timelines for making objections and for the minister to act with respect to the proposed change are the same for the addendum process as in the process leading to the notice of completion.

Written objections with respect to the significant change will be considered if the objection is given to the minister within 30 days after the notice of addendum is first published. O. Reg. 231/08 sets out the circumstances under which the minister may give a notice allowing the proponent to make the change or taking other action if the significant change may have a negative impact on a matter of provincial importance that relates to the natural environment or has cultural heritage value or interest, or on a constitutionally protected Aboriginal or treaty right.

1.3.6 Lapse of time

Proponents will be required to conduct a review of the transit or rail project if the project has not proceeded (for example, construction or installation has not begun) within 10 years from when the proponent was able to submit a statement of completion (refer to sections 14 and 16 in O. Reg. 231/08).

The review should consider changes that have taken place since the submission of the statement of completion. Changes may include:

• new conditions in the study area
• new engineering standards
• new technologies for mitigation measures

Only significant changes identified through the review are eligible for objections.

If, after 10 years, no changes are required to the transit or rail project as described in the EPR, the proponent should document its results of the review, including making this information available on the proponent’s website.

Where changes to the project are identified through the review, the proponent may be required to follow the addendum process set out in section 15 of O. Reg. 231/08 described in section 1.3.5 of this guide.