3.1 Changing the environmental project report

Under O. Reg. 231/08 certain changes to the proponent’s environmental project report (EPR) may be required, either because of the addendum to the EPR requirements applying (that is a change to the project) or when a proponent is required to prepare a revised EPR.

In the case of an addendum, the proponent initiates the change to its EPR (see section 1.3.5 in this guide). Regulatory agencies may also identify acceptable measures the proponent may use to avoid, prevent or mitigate potential negative environmental impacts from the change. Section 2.4 in this guide lists those studies that a proponent may be expected to carry out in order for a regulatory agency to determine whether a matter is of provincial importance. The proponent then prepares an EPR addendum for those changes to a project that cannot be carried out in a manner consistent with the EPR and that the proponent is of the opinion is significant.

In the case of a revised EPR, the minister requires the proponent to change its EPR. This occurs if the minister gives notice to the proponent to carry out further work. The proponent must prepare a revised EPR within the time frame specified by the minister (refer to section 13 of O. Reg. 231/08). If the revised EPR does not appropriately address the negative impact(s) on a matter of provincial importance or on a constitutionally protected Aboriginal or treaty right, the minister may terminate the project assessment process. The proponent would then be required to comply with either part II.3 of the EAA (comprehensive EA) or the process in an applicable approved class EA.

3.2 Monitoring

3.2.1 Project-specific monitoring by the proponent

A proponent must comply with any commitments, including effects, effectiveness and compliance monitoring activities for any measures to mitigate negative impacts identified in its EPR (or any revised EPR).

During implementation of the transit or rail project, the proponent must conduct any monitoring outlined in its EPR or in subsequent modifications or commitments. If measures are proposed to mitigate potential negative impacts, proponents must include this in its EPR and a description of the means for monitoring or verifying the effectiveness of the mitigation (refer to paragraph 7 and 8 of and subsection 9 (2) of O. Reg. 231/08).

Monitoring and reporting is necessary to ensure that the mitigation measures identified in the EPR are carried out and are effective. The ministry expects that the results of monitoring will be made available to regulatory agencies and interested persons, and Indigenous communities, if requested.

3.2.2 Compliance monitoring by the ministry

The purpose of compliance monitoring is so the ministry can evaluate the transit and rail project assessment process and review a proponent’s compliance with O. Reg. 231/08 and the Comprehensive EA Projects Regulation.

Compliance monitoring should not be confused with monitoring the project‑specific environmental impacts of a transit or rail project that followed the transit and rail project assessment process.

The branch will establish and maintain a public record for each transit or rail project for which the ministry has received a notice of commencement. Information that may be compiled includes:

  • the type of transit or rail project
  • copies of notices distributed, given, submitted, issued or published
  • copies of any objection(s)
  • any requirements imposed by the minister
  • any documentation provided by the proponent
  • any documentation provided by interested persons including regulatory agencies, municipalities, Indigenous communities and members of the public

Monitoring implementation will help the branch identify any modifications or improvements that might be made to the project assessment process.

If a proponent fails to meet a requirement of O. Reg. 231/08 (for example, a proponent does not issue its notice of completion of the EPR within 120 days of issuing the notice of commencement), to proceed with its transit or rail project, the proponent must either:

  • restart the project assessment process (see also section 3.3) or
  • proceed through an applicable class EA or
  • seek approval under part II.3

If the proponent is restarting the transit and rail project assessment process, the proponent must start from the beginning and comply with sections 6 to 17 of O. Reg. 231/08.

3.3 Stopping and restarting

There may be circumstances where a proponent decides to discontinue the project assessment process in order to attempt to resolve matters that are not of provincial importance, for example regional or local matters. In such cases, a proponent will have to start the project assessment process again, including distributing a new notice of commencement.

At any point before submitting a statement of completion, a proponent can stop (terminate) the project assessment process and restart it by distributing a new notice of commencement for the same transit or rail project.

Proponents may also decide to terminate the project assessment process set out in O. Reg. 231/08 and proceed with the transit or rail project in accordance with part II.3 of the EAA or an applicable approved class EA by giving notice to the director.

Stopping (terminating) and starting the process again should not be confused with the time out provision in O. Reg. 231/08. That provision allows proponents to pause the 120-day period (take a time out) to address potential negative impacts on a matter of provincial importance or on a constitutionally protected Aboriginal or treaty right, and to resume when the matter has been addressed.

In choosing to terminate and restart the project assessment process, proponents will be required to start from the beginning with the distribution of a new notice of commencement and to complete the steps that are required by O. Reg. 231/08, regardless of whether those steps were done before abandoning the initial process. Nevertheless, and where appropriate, a proponent may be able to rely on substantive work done (for example, technical studies) in respect of the project during the initial process.

Section 6 of O. Reg. 231/08 allows proponents to terminate the transit and rail project assessment process by giving notices to that effect to the director. O. Reg. 231/08 does not require proponents to seek approval to end the project assessment process for their transit or rail projects. There are no restrictions on the time between stopping the project assessment process set out in O. Reg. 231/08 and beginning the process again.

Circumstances in which a proponent may wish to stop and restart may include:

  • unforeseen issues arising during the 120-day period that the proponent feels require significant additional time to address or
  • the proponent feels that there is a need to revisit the proposed transit or rail project

The decision to terminate and restart should not be taken lightly as doing so will likely result in delays in the eventual implementation of the transit or rail project and additional costs associated with publishing new notices, restarting consultations, and redoing documentation. It may also cause confusion amongst members of the public, regulatory agencies and Indigenous communities that participated in the initial consultation process.

It should be noted that the minister may also terminate the proponent’s transit and rail project assessment process. The minister may require that the proponent comply with either the requirements of part II.3 of the EAA or an applicable approved class EA process under the following circumstances:

  • 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 EPR addendum does not appropriately address the negative impact

3.4 Federal requirements

Public transit or rail projects may also be subject to federal requirements. For specific information on the potential federal requirements, proponents can refer to the applicable federal legislation and associated regulations.

Proponents are encouraged to contact potential federal authorities as early as possible so that all requirements for their transit or rail project can be identified. Section 2.2.1.1 in this guide provides a list of potential federal authorities.

3.5 Considering the needs of Francophone communities

The Ministry of the Environment, Conservation and Parks is committed to consulting and communicating in French with Francophone individuals, organizations, municipalities and communities in or near the 25 bilingual areas under the French Language Services Act.

While there is no statutory requirement for proponents to specifically engage the Francophone community in French, the ministry expects all members of the public to be adequately consulted and engaged during the EA process. The EAA requires that a proponent consult with any person who is interested.

Accordingly, in conjunction with this guide, proponents should:

  • note that the Francophone population is included in the definition of interested persons
  • follow the guidelines related to consultation and communication with Francophones outlined in the Code of Practice: Consultation in Ontario’s EA Process