Project assessment process

2.1 The steps

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

• a transit or rail project designated in the Comprehensive EA Projects Regulation, including those which are conditionally exempt subject to following the project assessment process set out in O. Reg. 231/08

Proponents should be well-prepared before starting the time-limited project assessment process for their transit or rail projects (refer to section 1.2 of this guide with respect to recommended pre-planning activities proponents should carry out). Proponents should contact ministry staff well in advance of issuing the notice of commencement or before consultation begins. If meeting with ministry staff, the proponent should provide an overview of the proposed transit or rail project, including if known:

• project timing
• involvement of regulatory agencies (federal, provincial, municipal, conservation authorities, and more.)
• Indigenous concerns
• public concerns
• any other issues that may be relevant to the transit or rail project

There could be follow-up meetings where the ministry can help the proponent understand regulatory requirements and provide guidance or identify gaps with respect to regulatory agencies to be notified, informed, or consulted.

As discussed in section 1.2 of this guide, the key steps during the pre-planning phase of the project assessment process include:

• Contacting the director for a list of Indigenous communities to be consulted on the transit or rail project as well as for a generic list of regulatory agencies.
  • Note: Early identification of potentially impacted or interested Indigenous communities and interested persons including regulatory agencies is expected. The branch can assist proponents in obtaining or confirming the list of Indigenous communities to be consulted and a generic list of regulatory agencies as a pre-planning activity. This is especially important if the project is of a type that is designated based on being located in or adjacent to a sensitive area. In these cases, early consultation will be important to determining if the proponent’s project is in or adjacent to a sensitive area.
• Consulting with Indigenous communities, regulatory agencies and other interested persons including municipalities on the project including for the purposes of determining if the project is located in or adjacent to a sensitive area that is, if the project is one designated on the basis of its proximity to such an area. Consultation to allow for the review of a draft EPR should also be considered. A list of potentially interested persons is provided in section 2.2.1.1 in this guide.
• Submitting a draft EPR to regulatory agencies for their review. This report should include the information about the matters that the proponent is required to include as part of its consultation on its proposed project (see section 8 of O. Reg. 231/08).

The key steps during the project assessment process are:

• distribute notice of commencement (see section 2.2.2 in this guide)
  • note: notice distributed after proponent has determined the transit or rail project with which it wants to proceed and that project is designated
• take up to 120 days to consult with regulatory agencies, Indigenous communities, and other interested persons such as municipalities and document the process (see section 2.2.3 and section 2.2.4 in this guide)
• consider any time out with respect to potential negative impacts on a matter of provincial importance or on a constitutionally protected Aboriginal or treaty right (see section 1.3.1 in this guide)
  • note: a time out can only be taken prior to the notice of completion of the EPR being issued and only for the reasons set out in O. Reg. 231/08
• publish a notice of completion of the EPR (see section 2.2.5 in this guide)
  • note: notice must be published within 120 days of the notice of commencement
• provide 30 days for the public, regulatory agencies, Indigenous communities and other interested persons to review the final EPR (see section 2.2.5 in this guide)
  • note: objections may be submitted to the minister (see section 1.3.2 in this guide) during this period
  • note: thirty-five days for minister to act in relation to certain objections (see section 1.3.3 in this guide)

The key steps in the project assessment process set out in O. Reg. 231/08 are the following:

1. Proponent contacts director.
2. Director or branch confirms list of Indigenous communities to be consulted and a generic list of regulatory agencies which the proponent can use to determine those with an interest and proponent engages Indigenous communities and interested persons in considering whether project is designated (where designation depends on proximity to sensitive area) as well as on matters of provincial importance and Aboriginal and treaty rights.
3. Proponent distributes notice of commencement.
4. Proponent prepares EPR and consults on preferred project (impact analysis and evaluation of preferred method and other methods considered). Proponent can take a time out at this step only when there is a potential 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.

Note: Steps 3-4 have a regulated timeline of 120 calendar days.

5. Proponent publishes notice of completion of EPR.
6. Final review of EPR (by public, regulatory agencies, aboriginal communities, other interested persons).
7. Objections submitted or no objections submitted. Given the minister’s authority to act, concerns or objections should be on the basis that a proposed transit or rail project may have a potential negative impact on a matter of provincial importance that relates to the natural environment or has a cultural heritage value or interest or on a constitutionally protected Aboriginal or treaty right.

Note: Steps 5-7 have a regulated timeline of 30 calendar days.

• The minister either gives notice or does not give notice. The minister has a regulated timeline of 35 calendar days to give notice.
  • If the minister does not give notice, the project can proceed. The proponent submits a statement of completion, after which the project may undergo an addendum process. When this step is completed, the proponent can proceed to implementation and construction.
  • The minister may give notice that the project can proceed, proceed subject to conditions, or that the proponent must conduct additional work.
    • If the project can proceed or proceed subject to conditions, the proponent submits a statement of completion, after which the project may undergo an addendum process. When this step is completed, the proponent can proceed to implementation and construction.
    • If the proponent must conduct additional work:
      • The proponent revises the EPR and submits to the minister.
      • The minister gives notice that either the project can proceed, or the transit or rail project assessment process is terminated. The minister has a regulated timeline of 30 calendar days to give notice.
• If the project can proceed, the proponent submits a statement of completion, after which the project may undergo an addendum process. When this step is completed, the proponent can proceed to implementation and construction.
• If the project assessment process set out in O. Reg. 231/08 is terminated, the proponent must follow an approved class EA process (refer to part II.1) or the process under part II.3 of the EAA

2.2 Requirements in the project assessment process for transit and rail projects

Proponents must comply with sections 6 to 17 of O. Reg. 231/08 if they want to rely on the conditional exemption in the Comprehensive EA Projects Regulation.

The ministry recommends that proponents are well prepared before starting the project assessment process because the:

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

In this guide, section 1.2 (pre-planning phase – before issuing notice of commencement ) contains additional guidance on what proponents should consider doing.

2.2.1 Who should be consulted

When identifying with whom the proponent must consult, during the pre-planning phase, the proponent must contact, at a minimum:

• the branch
• Indigenous communities confirmed and or identified by the director, and any other Indigenous community the proponent thinks may be interested in the transit or rail project
• property owners within 30 metres of the location of the transit or rail project
• any other person, including regulatory agencies, municipalities and other members of the public, that the proponent thinks may be interested in the transit or rail project (section 2.2.1.1 - list of potentially interested persons)

Note: Indigenous communities may be consulted as interested persons on the basis that they may be interested in a proposed project and may also need to be consulted where there is a potential impact on their constitutionally protected Aboriginal or treaty rights. See 'Consultation with Indigenous communities'.

2.2.1.1 Identifying persons who may be interested

Note: The following names are subject to change. Proponents can reach out to the branch to confirm current names of ministries and agencies.

All situations

Persons who may be interested:

• director and transit coordinator, EA Services, EAB
• local and regional transit operating agencies adjacent to project
• local municipality and upper-tier municipalities (list of Ontario municipalities)
• planning board

Transit or rail project potentially affects navigable waterways or permanent or intermittent watercourses, including water quantity and quality

For example:

• rivers
• streams
• creeks
• marshes
• bogs
• lakes
• ponds
• outfalls
• crossings
• municipal drains

Persons who may be interested:

• conservation authority (find a conservation authority)
• local municipalities and upper-tier municipalities (list of Ontario municipalities)
• relevant provincial ministries and agencies (list of ministries) for example:
  • Culture
  • Natural Resources
• relevant federal departments and agencies (list of federal departments and agencies) for example:
  • Transport Canada
  • Fisheries and Oceans Canada — The Fish and Fish Habitat Protection Program
  • Environment and Climate Change Canada
  • Parks Canada
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects groundwater

For example:

• wells
• aquifers
• groundwater recharge areas

Persons who may be interested:

• local health unit (public health unit locations and public health locator)
• relevant provincial ministries and agencies (list of ministries) for example:
  • Natural Resources
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects extirpated, endangered, threatened or special concern species, provincially rare species, game wildlife, specially protected wildlife, regionally significant wildlife, fish or flora, migratory birds, or a significant assemblage of plant or animal species

For example:

• species listed on the Species at Risk in Ontario List
• species listed on the List of Wildlife Species at Risk under the Species at Risk Act (Canada)
• species identified as provincially rare species by the Ministry of Natural Resources and Forestry — Natural Heritage Information Office
• game wildlife or specially protected wildlife under the Fish and Wildlife Conservation Act, 1997
• regionally significant wildlife, fish or flora
• migratory birds protected under Migratory Birds Convention Act, 1994 (Canada)

Persons who may be interested:

• conservation authority (find a conservation authority)
• relevant provincial ministries, agencies and panels (list of ministries) for example:
  • Culture
  • Natural Resources
• Committee on the Status of Endangered Wildlife in Canada (COSEWIC)
• Committee on the Status of Species at Risk in Ontario (COSSARO)
• relevant federal departments and agencies (list of federal departments and agencies) for example:
  • Environment and Climate Change Canada
  • Parks Canada
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects fisheries or fish habitat

For example:

• rivers
• lakes
• navigable waters
• highways

Persons who may be interested:

• conservation authority (find a conservation authority)
• relevant provincial ministries, agencies (list of ministries) for example:
  • Natural Resources
• relevant federal departments and agencies (list of federal departments and agencies) for example:
  • Fisheries and Oceans Canada  — The Fish and Fish Habitat Protection Program
  • Parks Canada
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects environmentally sensitive areas (ESA) or areas of natural or earth scientific interest (ANSI or AESI)

For example:

• ESA as identified in an official plan or in a Natural Resources and Forestry plan or conservation authority plan

Persons who may be interested:

• conservation authority (find a conservation authority)
• relevant provincial ministries and agencies (list of ministries) for example:
  • Natural Resources
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects air quality, noise or vibration

For example:

• emissions from buses or vehicles in park and ride lots
• subways
• light rail transit

Persons who may be interested:

• local health unit (Public Health Unit Locations and Public Health Locator)
• relevant federal departments and agencies (list of federal departments and agencies) for example:
  • Health Canada
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects hazard land

For example:

• unstable soils
• steep slopes
• floodplain land

Persons who may be interested:

• conservation authority (find a conservation authority)
• relevant provincial ministries, agencies, and panels (list of ministries) for example:
  • natural resources
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects woodlots, Crown wildlife management areas, Crown land managed by the Ministry of Northern Development, Mines, Natural Resources and Forestry, or significant wildlife habitat

For example:

• agreement forests
• significant woodland
• wildlife management areas
• Crown Land

Persons who may be interested:

• relevant provincial ministries, agencies and panels (list of ministries) for example:
  • Natural Resources
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects natural heritage features

For example:

• provincially, regionally and locally significant natural heritage features (such as significant woodlots and wetlands)
• associated ecological functions
• national wildlife areas

Persons who may be interested:

• conservation authority (find a conservation authority)
• relevant provincial ministries, agencies (list of ministries) for example:
  • natural resources and heritage
• relevant federal departments and agencies (list of federal departments and agencies) for example:
  • Environment and Climate Change Canada
  • Parks Canada
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects ornamental or street trees

For example:

• trees on municipal land

Persons who may be interested:

• owners of property on which trees are located and owners of adjacent properties
• local municipalities and upper-tier municipalities (list of Ontario municipalities)
• Indigenous communities

Transit or rail project potentially affects recreational areas

For example:

• provincial parks and conservation reserves
• conservation areas
• Niagara Parks Commission
• national parks
• heritage land
• municipal parks, open spaces and trail system
• Niagara Escarpment Parks and Open Space System (NEPOSS)
• major municipal recreation areas

Persons who may be interested:

• conservation authority (find a conservation authority)
• local municipalities and upper-tier municipalities (list of Ontario municipalities)
• relevant provincial ministries and agencies (list of ministries) for example:
  • Natural Resources
  • Culture
• relevant federal departments and agencies (list of federal departments and agencies) for example:
  • Parks Canada
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects tourist facilities

For example:

• motels
• restaurants
• scenic lookouts

Persons who may be interested:

• relevant provincial ministries and agencies (list of ministries) for example:
  • Culture
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects cultural heritage resources

For example:

• heritage buildings
• heritage structures
• scenic areas
• archaeological sites including marine archaeological sites
• known and potential archaeological resources (tbc)
• national historic sites
• historic regions for example Rideau-Trent-Severn Corridor, designated heritage rivers
• cultural heritage landscapes

Persons who may be interested:

• local municipal heritage committee
• local historical society
• Architectural Conservancy Ontario
• National Trust for Canada
• relevant provincial ministries and agencies (list of ministries) for example:
  • Culture
  • Heritage
• relevant federal departments and agencies (list of federal departments and agencies) for example:
  • Parks Canada
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects aboriginal interests, including aboriginal or treaty rights

For example:

• places of importance for reasons of traditional use
• sacred significance (archaeology sites)
• cultural or natural heritage significance

Persons who may be interested:

• Local Indigenous community
• relevant provincial ministries and agencies (list of ministries) for example:
  • Natural Resources
  • Indigenous Affairs
  • Culture
  • Multiculturalism
• relevant federal departments and agencies (list of federal departments and agencies) for example:
• Crown-Indigenous Relations and Northern Affairs Canada

Transit or rail project potentially affects social service or health facilities

For example:

• long-term care homes
• psychiatric homes
• group homes, hospitals
• assistive living settings

Persons who may be interested:

• relevant provincial ministries and agencies (list of ministries) for example:
  • Children
  • Social Services
  • Health
  • Long-Term Care
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects transportation service facilities

For example:

• highways
• navigable waters
• harbours
• airports
• railway crossings

Persons who may be interested:

• owners of rail corridor
• relevant provincial ministries and agencies (list of ministries) for example:
  • transportation
• relevant federal departments and agencies (list of federal departments and agencies) for example:
  • Fisheries and Oceans Canada
  • Transport Canada
  • Canadian Transportation Agency
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects provincial government property

For example:

• provincially owned or maintained buildings or property

Persons who may be interested:

• relevant provincial ministries and agencies (list of ministries) for example:
  • Real Estate Services
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects utilities

For example:

• electrical lines
• telephone lines
• oil pipelines
• gas pipelines
• water or sewage works

Persons who may be interested:

• local utility companies
• relevant provincial ministries and agencies (list of ministries) for example:
  • Power Generation
  • Hydro
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects sensitive or special planning areas

For example:

• regionally significant growth centres
• major industrial parks or subdivisions
• development in northern Ontario
• areas with potential fortourism development or designation
• Niagara Escarpment Planning Area
• Parkway Belt Planning Area
• Oak Ridges Moraine

Persons who may be interested:

• relevant provincial ministries and agencies (list of ministries) for example:
• Municipal Affairs
  • Provincial Land Use
  • Economic Development
• Mines
• Northern Development
• Multiculturalism
• Natural Resources
• local commissions
• relevant federal departments and agencies (list of federal departments and agencies) for example:
  • Parks Canada
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project potentially affects prime agricultural areas or specialty crop areas

For example:

• areas designated for prime agricultural in municipal official plans or areas where, using the classifications of the Canada Land Inventory, soil classes 1, 2 and 3 predominate

Persons who may be interested:

• relevant provincial ministries and agencies (list of ministries) for example:
  • Agriculture
  • Rural Affairs
• relevant federal departments and agencies (list of federal departments and agencies) for example:
  • Agriculture and Agri-Food Canada
• Indigenous communities
• municipalities (list of Ontario municipalities)

Transit or rail project is funded in whole or in part by the federal government or potentially affects federal land

For example:

• federal infrastructure programs
• sale or leasing of federal land

Persons who may be interested:

• funding agency or landowner
• Indigenous communities

Transit or rail project potentially affects Great Lakes interconnecting channels

For example:

• St. Mary’s River
• St. Clair River
• Detroit River
• Niagara River
• St. Lawrence River

Persons who may be interested:

• relevant provincial ministries and agencies (list of ministries) for example:
  • Natural Resources
• relevant federal departments and agencies (list of federal departments and agencies) for example:
  • Fisheries and Oceans Canada  — Canadian Coast Guard
  • The Fish and Fish Habitat Protection Program
  • Environment and Climate Change Canada
  • Global Affairs Canada
  • Transport Canada
• Indigenous communities
• municipalities (list of Ontario municipalities)

A proponent is expected to consider the following in its consultations:

• those matters identified in section 2.2.1.1 of this guide that may be relevant in determining provincial importance
• any constitutionally protected Aboriginal or treaty right identified by an Indigenous community
• proponents should consider consulting Indigenous communities and local municipalities as well as relevant regulatory agencies in identifying whether their project is designated when the project is a type that is designated based on being located in or adjacent to a sensitive area

Examples of other situations that regulatory agencies may identify and recommend that the proponent consider when identifying the potential impact of a proposed transit or rail project include:

• vulnerable areas as defined under the Clean Water Act
• heritage conservation districts and areas of archaeological potential
• important aggregate deposits (for example shale) identified by the Ministry of Natural Resources and Forestry,
• how the proposed project might interrelate with a potentially changing climate over time

For areas of archaeological potential, proponents can use the resources provided by the Ministry of Citizenship and Multiculturalism.

Please note that the examples provided in this guide are not exhaustive. Proponents are expected to contact and consult with regulatory agencies and other persons as appropriate.

2.2.2 Notice of commencement

Once the steps in the pre-planning phase are completed, the time-limited process can formally be started by posting and distributing a notice of commencement.

Proponents must prepare and distribute a notice of commencement to indicate that the assessment of a transit or rail project is proceeding under the project assessment process. This notice must provide the following information:

• proponent’s name and address
• name and phone number and e-mail address, if any, of a person who may be contacted on behalf of the proponent
• description of the transit or rail project
• statement that the environmental impact of the transit project is being assessed according to the project assessment process as set out in O. Reg. 231/08
• map showing the site of the transit or rail project
• information on how to obtain a description or summary of any preliminary work done by the proponent

Proponents are expected to provide a draft notice of commencement to the branch (transit coordinator) first before finalizing and posting or distributing it.

The notice must also provide information on how to obtain a summary of publicly available documents prepared by the proponent in connection with the transit or rail project, including any of the following documents prepared by the proponent that are publicly available:

• any preliminary studies relating to transit or rail project
• any analysis of existing environmental conditions at the site of the transit or rail project
• any analysis of the impacts that the transit or rail project may have on the environment and, in the case of negative impacts, any analysis of potential mitigation measures
• any document relating to planning and consultation that have taken place with respect to the transit or rail project

The proponent is required to distribute this notice to:

• the director
• every assessed property owner within 30 metres of the site of the transit or rail project
• every Indigenous community confirmed and or identified by the director, and any other Indigenous community the proponent thinks may be interested in the transit or rail project
• any other person that the proponent considers may be interested in the transit or rail project

Note: The proponent may rely on section 2.2.1.1 in this document as reference, but the branch can assist by providing a generic list of regulatory agencies that may have an interest in participating in these types of projects and contacts for the agencies.

Proponents are strongly encouraged to maintain a project-specific website if the proponent does not already have a general website. If a website exists, the proponent shall post the notice of commencement, and any other relevant transit or rail project information on its website.

The proponent is expected to maintain a contact list of all persons, including regulatory agencies, and Indigenous communities that have been notified, provided comments and input, or otherwise expressed an interest in a transit or rail project.

The proponent must also publish this notice in a manner that, in the opinion of proponent, will promptly bring the notice to the attention of interested persons in the area of the site of the transit or rail project (including in local newspapers).

2.2.3 Consultation requirements and expectations

Public consultation is required for all projects that are subject to the project assessment process set out in O. Reg. 231/08. The project assessment process requires proponents to consult with persons that the proponent considers may be interested in the transit or rail project. Consultation allows the proponent to:

• properly identify, inform or notify persons, which include those potentially affected by the transit or rail project
• identify and assess the range of potential environmental impacts of the transit or rail project
• respond to the concerns of interested persons, which include adjacent property owners and others who may be affected by some aspect of the project

It is up to the proponent to determine the best method to consult with interested persons.

It is the proponent’s responsibility to design and implement an appropriate consultation program regarding a transit or rail project. The proponent’s consultation program must include certain matters based on section 8 of O. Reg. 231/08:

• providing information about the basis on which the transit or rail project was selected, which includes:
  • the assessment and evaluation of the impacts of the transit or rail project and other methods considered
  • the criteria for the assessment and evaluation of those impacts
  • any studies completed with respect to those impacts
• providing information about the proposed measures for mitigating any potential negative impacts of the transit or rail project
• providing information about the way the proponent intends to monitor and verify the effectiveness of the proposed mitigation measures
• discussing with Indigenous communities any constitutionally protected Aboriginal or treaty right that is identified as potentially being negatively impacted by the transit or rail project
• discussing with Indigenous communities any measures identified by the Indigenous community for mitigating potential negative impacts on constitutionally protected Aboriginal or treaty rights

When consulting on a proposed transit or rail project and collecting information to document in the EPR, proponents should also be consulting on those matters that are required to be documented. Examples of other topics proponents could consult on include (refer also to section 2.2.4 in this guide):

• the purpose of the transit or rail project
• any background information relating to the transit or rail project if available
• the local environmental conditions at the site of the transit or rail project

When consulting on the transit or rail project, proponents should consider emphasizing the benefits and expected positive effects of the transit or rail project and acknowledge that there may be some individual persons who may be affected by the transit or rail project to improve the community or society at large, despite all efforts to avoid or mitigate negative impacts.

Depending on the potential environmental impacts and level of public and Indigenous community interest associated with a transit or rail project, proponents may decide to use methods such as:

• open houses
• meetings
• workshops
• site visits
• information bulletins
• detailed fact sheets
• newspapers
• news releases

Proponents should tailor the consultation program to reflect the nature of the project. Failure to carry out adequate public consultation is often the reason for opposition to a transit or rail project.

In order to conduct effective consultation, proponents of transit and rail projects should obtain information and input before starting the project assessment process. Seeking information and input early and conducting effective consultation during the project assessment process will assist in meeting the timelines specified in O. Reg. 231/08.

Nevertheless, proponents should consider carrying out other activities including providing additional information to make the consultation effective. For example:

• identify a broad range of persons who may be interested
• solicit input on the consultation approaches and methods that would be the most effective
• inform interested persons where, when and how they can be involved
• follow up on notices given to interested persons, regulatory agencies and Indigenous communities, to ensure that information has been received and interest in a project has been accurately accommodated
• respond to concerns and issues raised during the program or identify why a response was not considered appropriate

When distributing notices about a transit or rail project, for example, notice of commencement, notice of a public consultation session/event, proponents should follow up on such consultation efforts to ensure that information has been received.

Identifying interested persons

Potential persons who the proponent may consider as persons interested in a transit project include:

• property owners within 30 metres of the site of the transit project
• regulatory agencies (provincial ministries and agencies, federal authorities and departments)
• municipalities
• Indigenous communities confirmed and or identified by the director, and any other Indigenous community the proponent thinks may be interested in the transit or rail project
• members of the public

The section 2.2.1.1 in this guide provide a list of persons potentially interested in a transit or rail project.

Consultation with regulatory agencies

The purpose of consultation with regulatory agencies is to inform and receive input from all government agencies with jurisdiction or an interest related to a particular transit or rail project. This may include federal and provincial ministries and agencies. It is the proponent’s responsibility to identify and determine which government agencies should be consulted. At a minimum, relevant regulatory agencies should be provided with copies of the mandatory notices.

The branch can provide a generic list of relevant agencies at the early stages of the process. Proponents will identify all relevant agencies in consideration of the characteristics of their projects.

The proponent is responsible for contacting the appropriate government agency technical representatives. The mandates of regulatory agencies are such that their needs and requirements for information may be more prescriptive or extensive than other interested persons. Proponents should be prepared to provide regulatory agencies with detailed information when requested. Proponents are advised to contact and consult with appropriate regulatory agencies, including following up with the appropriate personnel to confirm that they are aware of the transit or rail project. Ideally, proponents should start notification and consultation activities with regulatory agencies during pre‑planning activities. In order to provide sufficient time for their review and to meet the 120-day time limit in the project assessment process set out in O. Reg. 231/08, proponents should obtain information, guidance, and feedback from regulatory agencies as soon as possible. Doing so will help identify potential matters of provincial importance or a constitutionally protected Aboriginal or treaty right that should be avoided.

Proponents should address issues raised by any regulatory agency before releasing the final EPR for review (when the notice of completion is given). Doing so will help avoid fundamental concerns or disagreements being raised at a late stage in the project assessment process. Providing regulatory agencies with an opportunity to comment on draft reports may help proponents meet timelines specified in O. Reg. 231/08.

For large, complex, and potentially controversial transit or rail projects, proponents are expected to circulate a draft of its EPR to appropriate regulatory agency contacts for comment before starting the project assessment process. Adequate time should be provided for regulatory agencies and others to comment on draft reports. Circulation of draft reports to regulatory agencies allows the proponent the opportunity to include comments from regulatory agencies in the final report, so that other interested persons have an opportunity to see whether regulatory agencies have any concerns about the project.

Information on which regulatory agencies were contacted and consulted, a summary of their comments, and a summary of what the proponent did to respond to concerns raised by regulatory agencies are required to be included in the EPR. Proponents should attempt to obtain statements from regulatory agencies that there are no concerns with the transit or rail project or if there are concerns, that concerns have been appropriately addressed. Statements should be obtained particularly from those agencies whose mandate relates to the natural environment or has cultural heritage value or interest (for example Ministry of Natural Resources, Ministry of the Environment, Conservation and Parks, local conservation authorities, federal agencies, and Ministry of Citizenship and Multiculturalism). Including such statements in the EPR will reassure the ministry that potential environmental issues and concerns have been appropriately responded to and addressed

Consultation with federal agencies is only considered necessary when the transit or rail project is expected to cause impacts (pertinent to federal legislation) that are unknown and cannot be mitigated. Federal agency interests in transit or rail projects relate primarily to water quality, air quality and toxics management, migratory birds and terrestrial species at risk.

For more information about federal legislation and mandates, proponents can consult available guidance materials and visit the Impact Assessment Agency of Canada website.

Proponents can also reach out to appropriate federal agencies to determine their interest in a specific project. Relevant information can be obtained from the Impact Assessment Agency - Ontario Region Office:
E-mail: ontarioregion-regiondontario@iaac-aeic.gc.ca

Consultation with Indigenous communities

Consultation with Indigenous communities in the project assessment process set out in O. Reg. 231/08 is intended to:

• allow a proponent to identify and respond to concerns that may be raised by Indigenous communities
• provide an opportunity to Indigenous communities to receive information about and have meaningful input into the review and development of a transit or rail project.

In addition, such consultation is important to any duty to consult that the Crown may have in relation to constitutionally protected Aboriginal or treaty rights that may be impacted by a transit or rail project and may be relied upon by the Crown.

Proponents are expected to engage Indigenous communities during the pre-planning phase before the project assessment process is initiated to determine whether a specific transit or rail project is designated based on being located in or adjacent to a sensitive area.

This guide is not intended to describe fully how any Crown duty to consult may be discharged. However, where a duty exists, the Crown can delegate the procedural aspects of consultation to proponents. There is a corresponding responsibility of Indigenous communities to participate in this process, make their concerns known, and respond to efforts to address their concerns. To the extent that any Crown duty of consultation exists for a particular project, the project assessment process sets out some of the actions and procedural aspects of consultation that proponents are required to take with respect to consultation with Indigenous communities.

It should be noted that whether or not the Crown has a constitutional duty to consult with an Aboriginal community, the community might be an interested person for the purposes of consultation in the project assessment process set out in O. Reg. 231/08 and should be consulted.

The project assessment process set out in O. Reg. 231/08 includes several specific requirements with respect to consulting with Aboriginal communities. Proponents are required to:

• contact the director for a list of Indigenous communities that may be interested in or impacted by a transit or rail project
• give a copy of the notice of commencement to each Indigenous community identified and any other Indigenous communities that may be interested,
• request the Indigenous communities to advise the proponent in writing of the nature of any interest they may have in the transit or rail project when giving the notice of commencement
• ensure that the Indigenous community is given the opportunity to participate in the consultation
• discuss potential negative impacts of the transit or rail project on any constitutionally protected Aboriginal or treaty right that may be identified and the measures to mitigate these negative impacts
• respond to concerns expressed by the Indigenous community

In discharging the requirements of O. Reg. 231/08, proponents are expected to make, at a minimum, good faith efforts to engage Indigenous communities, such as:

• engaging in determining whether a project is a designated project
• following up with telephone calls to ensure that the Indigenous community is aware of the transit or rail project
• providing the Indigenous community with notification of consultation events such as open houses and meetings
• providing relevant transit or rail project documentation and other information when requested
• providing communities with information about the project, its potential effects and proposed mitigation to address effects specific to the interests of Indigenous communities
• considering providing flexibility and recognition of the unique needs of the Indigenous community, such as additional time to review documents, language requirements, communication styles and preferences and access to communication tools

If the proponent or Indigenous community identifies that the transit or rail project may have a potential negative impact on a constitutionally protected Aboriginal or treaty right, the director should be notified. This is to ensure that appropriate steps are taken so that the Crown’s duty to consult, if it arises, is satisfied.

Where a significant change to a transit or rail project is required, proponents are also required to consult with Indigenous communities, similar to the process identified in sections 7, 8 and 15 of O. Reg. 231/08:

• contact the director to confirm the list of Indigenous communities that may be impacted by or interested in the change to the transit or rail project
• give a copy of the notice of EPR addendum to each identified Indigenous community and any other Indigenous communities that may be interested in a significant change to the transit or rail project
• request the Indigenous community to advise the proponent in writing of the nature of any interest they may have in the change to the transit or rail project when giving the notice of EPR addendum

2.2.4 Documentation requirements

Proponents must complete their documentation of the assessment of their transit and rail project and the documentation of the assessment process in the EPR within 120 days of distributing the notice of commencement. The purpose of the EPR is to document the process followed and the conclusions reached. It is recognized that the level of detail will vary among transit or rail projects and the detail is not necessarily dependent on the size of the project but on the potential environmental impacts (both positive and negative) and how negative impacts will be mitigated. A project that is more complex (for example has a greater number of potential negative impacts), will have a more detailed report. The ministry expects that proponents will adjust and rework their EPR leading up to commencement of the process and throughout the 120-day period to reflect input from Indigenous communities, adjacent property owners, regulatory agencies and other interested persons.

A proponent is expected to develop a draft EPR and share it, at minimum, with Indigenous communities and regulatory agencies before distributing the notice of commencement. Please see the pre-planning steps in section 1.2 of this guide for additional information.

Proponents may use the 120-day period to incorporate comments about the transit and rail project and to finalize its EPR.

In order to satisfy the conditional exemption in the Comprehensive EA Projects Regulation, (that is proceeding under the project assessment process set out in O. Reg. 231/08), the proponent’s EPR will contain the following information:

• statement of the purpose of the transit or rail project and a summary of any background information relating to the transit or rail project
• final description of the transit or rail project including a description of the preferred design method
• description of any other design methods that were considered once the transit or rail project commenced the project assessment process
• note: the requirements do not include setting out any alternatives considered during pre-planning as the project assessment process starts with a transit or rail project and is focussed on an impact assessment of that project
• map showing the site of the transit or rail project
• description of the local environmental conditions at the site of the transit or rail project
• description of all studies carried out, including a summary of all data collected or reviewed and a summary of all results and conclusions
• assessments, evaluation and criteria for any impacts of the preferred design method and any other design method (described above) that were considered once the transit or rail project’s project assessment process commenced (does not include pre-planning work)
• description of any proposed measures for mitigating any negative impacts the transit or rail project might have on the environment
• if mitigation measures are proposed, a description of the proposal for monitoring or verifying the effectiveness of the mitigation measures
• description of any municipal, provincial, federal, or other approvals or permits that may be required
• consultation record, including:
  • description of the consultations and follow up efforts carried out with interested persons and Indigenous communities
  • list of the interested persons and Indigenous communities who participated in the consultations
  • summaries of the comments submitted by interested persons, and Indigenous communities
  • summary of any discussions with Indigenous communities including discussions of any potential impacts of the transit or rail project on constitutionally protected Aboriginal or treaty rights and copies of all written comments submitted by Indigenous communities
  • description of what the proponent did to respond to concerns expressed by interested persons and Indigenous communities

Proponents will document the consultation process with Indigenous communities in the EPR in accordance with the project assessment process set out in O. Reg. 231/08. In addition to the information previously identified, the following information, as applicable and appropriate will be documented with respect to Indigenous consultation:

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

Note: This will help the ministry assess the sufficiency of the proponent’s consultation activities with Indigenous communities.

If a time out was taken during the project assessment process, a summary of each issue including:

• description of the issue
• description of what the proponent did to respond to the issue and the results of those efforts
• date that each notice for a time out was given to the director

Providing sufficiently detailed information as part of consultations can help assure regulatory agencies, Indigenous communities, adjacent property owners and other interested persons that potential environmental impacts have been adequately considered and may reduce the likelihood of the minister receiving objections to the transit or rail project.

If there are negative impacts that cannot be mitigated or fully mitigated, the proponent should fully describe this in the EPR, including the expected consequences of the resultant negative impacts of the project on the environment.

Where measures are proposed to mitigate negative impacts, the proponent is encouraged to reference any industry-recognized standards, guidelines and procedures in the EPR. Where measures are proposed to enhance a project’s adaptation to its environment or changing climatic conditions, the proponent should document these in the report. It will also be helpful to include commitments to monitor and report on compliance efforts to ensure that subsequent contractual requirements accurately reflect the measures that will be adopted during the construction and operation of the transit or rail project.

The proponent should organize its report in a clear and comprehensive manner to allow for its timely review by regulatory agencies, interested persons and Indigenous communities. The proponent should also provide a summary of the commitments made during the project assessment process (in particular highlighting any monitoring and reporting commitments) in the report.

2.2.5 Notice of completion

Once the proponent has completed and finalized its EPR, the proponent must make it available for final review and comment for 30 calendar days by interested persons and Indigenous communities consulted and the public. The notice of completion must be given within 120 days of the distribution of the notice of commencement (the 120 days is subject to any time outs that might have been taken).

Proponents must give their notice of completion of the EPR within 120 days of starting the project assessment process set out in O. Reg. 231/08 (notice of commencement).

Proponents can give the notice of completion at any time during the 120-day period, after completing the required consultation and after preparing the EPR, but cannot give it after the 120 days have lapsed.

It is important to note that if the proponent fails to give the notice of completion within the 120-day period, the proponent will have failed to meet one of the conditions of O. Reg. 231/08 and the transit or rail project cannot proceed until:

• the process is recommenced and completed
• a class EA process is commenced and completed (where a class EA process applies)
• a part II.3 approval is sought and given

If restarting from the beginning, the proponent must meet all of the requirements of O. Reg. 231/08, including distributing a new notice of commencement and completion of all the steps that are required by this regulation, regardless of whether those steps were done under the previous process for the project. However, where appropriate, a proponent may be able to rely on substantive work done (for example, technical studies) in respect of the project during the previous process.

The notice of completion must include the following information:

• information as to where and how members of the public may examine the EPR and obtain copies
• a description of the objection process which includes:
  • a statement that there are circumstances in which the minister has authority to require further consideration of the transit or rail project, or impose conditions on it, if they are of the opinion that:
    • the transit or rail project may have a negative impact on a matter of provincial importance that relates to the natural environment or has cultural heritage value or interest
    • the transit or rail project may have a negative impact on a constitutionally protected Aboriginal or treaty right
• a statement that, before exercising the authority referred to above, the minister is required to consider any written objections to the transit or rail project that they receive within 30 days after the notice of completion of the EPR is first published.

The notice of completion should also include:

• proponent’s name and address.
• name and 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
• date by which written objections should be submitted to the minister

The proponent is required to give the notice of completion to:

• every person to whom a notice of commencement was given
• the director
• the transit coordinator and the project officer assigned to the project
• every person who has made a written request for a copy of the notice
• any other person the proponent considers may be interested in receiving a copy of this notice, including those persons who participated or provided comments during the 120-day consultation period

Proponents should make the EPR easily accessible and should provide a copy in a convenient location(s) near the site of the transit or rail project, such as a public library, community centre or municipal office. The locations selected should provide opportunities for the document to be viewed both during and after normal office hours.

At each viewing location, it is recommended that proponents make more than one copy of the EPR and supporting information available for review, especially for large transit or rail projects and transit or rail projects that are likely to generate significant public and Indigenous community interest. The EPR should also be made available on the proponent’s website.

The proponent must also publish this notice in a manner that, in the opinion of proponent, will promptly bring the notice to the attention of interested persons in the area of the site of the transit or rail project, for example on a project-specific website maintained by the proponent or in a local newspaper.

2.2.6 Statement of completion

The project assessment process set out in O. Reg. 231/08 is completed when a proponent submits a statement of completion to the director.

Proponents may submit a statement of completion under the following circumstances:

• the minister gives a notice allowing the proponent to proceed with the project in accordance with the EPR
• the minister gives a notice allowing the proponent to proceed with the project in accordance with the EPR, subject to conditions
• the minister gives a notice requiring further consideration of the transit or rail project and subsequently gives a notice allowing the proponent to proceed with the project in accordance with a revised EPR
• the minister gives no notice within 65 days of the proponent giving the notice of completion

The statement of completion should indicate that the proponent intends to proceed with the transit or rail project in accordance with either:

• the EPR
• the EPR, subject to conditions set out by the minister
• the revised EPR

The proponent must post the statement of completion on its website or project website.

These forms are also found electronically on the EA page of the ministry’s website.

Proceeding with (for example constructing or installation of) a transit or rail project subject to the project assessment process set out in O. Reg.231/08 cannot begin until the requirements of the project assessment process have been met. Subject to these requirements, the transit or rail project may proceed subject to any other required approvals. The proponent shall implement the project in the manner described in the EPR and in accordance with any commitments or modifications set out in any revised EPR or EPR addendum. The proponent shall also comply with any requirements that the minister imposes in a notice allowing the proponent to proceed subject to conditions. The proponent may not proceed where the minister gives a notice terminating the transit and rail project assessment process and requiring the proponent to comply with part II.3 of the EAA or an applicable approved class EA before proceeding with the transit or rail project.

To comply with Freedom of Information and Protection of Privacy Act requirements, notices must contain the following statement:

All personal information included in a submission – such as name, address, telephone number and property location – is collected, maintained and disclosed by the Ministry of the Environment, Conservation and Parks (MECP) for the purpose of transparency and consultation. The information is collected under the authority of the EAA or is collected and maintained for the purpose of creating a record that is available to the general public as described in section 37 of the Freedom of Information and Protection of Privacy Act. Personal information you submit will become part of a public record that is available to the general public unless you request that your personal information remain confidential. For more information, contact the MECP Freedom of Information and Privacy Coordinator.

2.3 Notices provided for the project assessment process

This section provides information about and summarizes the various notices that may be required during the project assessment process set out in O. Reg. 231/08. Table 1 lists:

• the notices
• when they may be required in the process
• who is responsible for giving, distributing, publishing, posting or issuing these notices and how to do so

Also, appended to this guide are form and notification templates for proponents and interested persons to use at various steps in the transit and rail project assessment process. Appendix A contains several notification templates that indicate what kind of information the ministry expects to be provided or given.

Please note that section 36 of the EAA states that when giving a notice by regular mail delivery, it will be deemed to be received on the fifth day after it is mailed. O. Reg. 231/08 sets out certain deadlines that are calculated based on the day the related notice is published by the proponent.

When giving or distributing copies of a notice, proponents may provide a notice or copy of a notice by mail (post), delivering directly or e-mail.

Proponents should choose the method that result in the least amount of time and that, in the opinion of proponent, will promptly bring the notice to the attention of interested persons and Indigenous communities in the area of the site of the transit or rail project.

2.4 Types of studies that would be required for a public transit or rail project

The transit and rail project assessment process set out in O. Reg. 231/08 does not specify the studies that must be carried out for a transit or rail project, however, regulatory agencies may have specific information needs and requirements. Some examples of the sorts of studies for which proponents may be asked to conduct are listed:

Examples of studies that may be requested

• travel demand forecasting
• traffic impact analysis
• noise and vibration
• air quality and climate change
• natural resource inventories or assessments
  • streams
  • wetlands
  • floodplains
  • water quality, water quantity
  • plant and animal species and related habitat
  • rare, threatened, or endangered species and related habitat
  • forests, woodlots
• cultural heritage and archaeological assessments
• cultural heritage impact assessments and conservation plans
• land use
  • proximity and effect on priority development areas, existing and planned uses
  • prime agricultural areas
  • aggregate resources
  • environmental site assessments (soil, groundwater contamination)
• visual assessments
  • landscaping
  • streetscaping
• financial analysis
  • capital costing
  • operations and maintenance costing
  • natural hazards analysis
  • emergency response preparedness

The nature and extent of studies will vary from one project to another. To obtain information and to identify information needs, proponents must contact:

• provincial ministries
• other regulatory agencies (for example, conservation authorities and federal authorities)
• municipalities
• adjacent property owners
• Indigenous communities and other interested persons

The ministry recommends that proponents conduct comprehensive and balanced planning exercises in evaluating and determining the preferred transit or rail project. In addition, preparing and providing results of technical studies, such as those identified above, upfront and early will give regulatory agencies and others time to review and comment on required information as well as minimizing potential risks to proponents that could compromise the objective of a 6-month process.