This section outlines the roles and responsibilities of the various participants that may be involved in the planning and impact assessment for a public transit or rail project.

It is important to note that the information outlined here is not meant to be exhaustive and that other participants, roles and responsibilities may apply depending on the nature and complexity of a proposed transit or rail project.

4.1 Proponents

Proponents are those who plan and develop transit or rail projects. MTO, municipalities, Metrolinx and ONTC are the public sector proponents undertaking the project designated by the Comprehensive EA Projects Regulation. Where a proponent seeks to rely on a conditional exemption provided for in that regulation, a proponent is required to follow the transit and rail project assessment process set out in O. Reg. 231/08.

The roles and responsibilities of proponents are set out in that regulation and further elaborated on in the rest of this guide.

4.2 Interested persons

It is expected that persons who are interested in a proposed transit or rail project will participate in any pre-planning activities a proponent carries out, as well as its consultation and documentation activities that form part of the project assessment process set out in O. Reg. 231/08.

Interested persons include:

  • adjacent property owner
  • Indigenous communities
  • regulatory agencies
  • municipalities
  • other members of the public
  • individuals
  • environmental groups or clubs
  • naturalist organizations
  • agricultural organizations
  • sports or recreational groups
  • organizations from the local community
  • municipal heritage committees
  • historical societies
  • community heritage organizations
  • ratepayers’ associations
  • Francophones, businesses
  • transportation management associations
  • organizations that support sustainable transportation

Interested persons should consider participating in the project assessment process by:

  • indicating to the proponent their level of interest and identifying how they prefer to participate
  • identifying potential interests, issues and concerns, and informing the proponent (preferably in writing) as soon as possible
  • participating in consultation opportunities provided by the proponent where possible
  • suggesting changes to the specific transit or rail project or related documentation (for example draft and final EPR, supporting documentation, technical documentation) that may address concerns
    • members of the public may offer suggestions to proponents on various matters, for example, changing the orientation of the transit or rail project on the site, using other measures such as a screen to minimize visual impact, changing the location of access to the site
  • submitting objections to the branch for the minister to consider within the 30-day EPR review period if there is an outstanding concern(s) about potential negative impacts on a matter of provincial importance or on a constitutionally protected Aboriginal or treaty right
  • withdrawing objections to the transit or rail project if the proponent has responded to or addressed outstanding concern(s)

4.2.1 Indigenous communities

It is expected that Indigenous communities who are interested in or may be potentially affected by a proposed transit or rail project will participate in any pre‑planning activities a proponent carries out, as well as its consultation and documentation activities as part of the project assessment process set out in O. Reg. 231/08.

Interested or potentially affected Indigenous communities should:

  • identify for the proponent an appropriate contact to maintain consistency throughout the planning process
  • identify potential interests in the particular project in a timely manner
  • provide information to help identify known and potential for archeological resources
  • participate in consultation opportunities provided by the proponent where possible
  • work with the proponent to try to address concerns, including using mediation or negotiation methods as necessary
  • where there are no concerns with the project, or the proponent has addressed concerns adequately, consider providing documentation indicating that there are no concerns or no outstanding concerns
  • consider submitting objections in accordance with O. Reg. 231/08 if, after all efforts during consultation have been exhausted, and there is an outstanding concern about a negative impact on a matter of provincial importance or on a constitutionally protected Aboriginal or treaty right

Some proposed transit or rail projects may have potential impacts on constitutionally protected Aboriginal or treaty rights. It is important to note that where this is not the case, an Indigenous community may nevertheless be an interested person for the purpose of the transit or rail project. In either case, it is expected that interested Indigenous communities will participate early in pre-planning activities such as those outlined above, and to make concerns about the transit or rail project known to the proponent. Where impacts are specific to constitutionally protected Aboriginal or treaty rights, it is especially important that the Indigenous community:

  • outline the source, scope and nature of the constitutionally protected Aboriginal or treaty rights that may be impacted by the transit or rail project and the nature of the potential impact
  • suggest mitigation measures, including modifications to the transit or rail project that could address their concerns
  • respond to attempts to address their concerns and suggestions, and to try to reach some mutually satisfactory solution

4.2.2 Regulatory agencies

Persons who may be interested in a transit or rail project include regulatory agencies. Regulatory agencies include:

  • provincial ministries and agencies
  • municipal agencies
  • local bodies
  • federal authorities

Regulatory agencies can provide valuable input to a proponent by identifying requirements, sharing knowledge and guidance on issues within their mandate, and reviewing relevant information. It is expected that proponents will involve the appropriate regulatory agencies early in their planning and before starting the project assessment process set out in O. Reg. 231/08.

It is expected that regulatory agencies who indicate an interest in a transit or rail project will:

  • provide information and guidance in a timely manner and within their mandated areas of responsibility about matters that a proponent should consider for example statutory requirements, policies, standards, potential environmental criteria
  • participate in the project assessment process set out in O. Reg. 231/08 where possible
  • provide specific advice as early as possible if there are concerns with the transit or rail project or the proponent’s EPR, including identifying how the concerns can be addressed or what additional information or study may be necessary
  • participate in the review of both draft and final EPR where possible
  • where there are no concerns with a transit or rail project, consider providing a statement of no concern to the proponent
  • consider submitting objections to the transit or rail project to the branch for the minister to consider within the 30-day EPR review period if outstanding concern(s)related to potential negative impacts on a matter of provincial importance or on a constitutionally protected Aboriginal or treaty right still exist

4.3 Ministry of the Environment, Conservation and Parks

Staff from a number of offices of the ministry are involved in various ways leading up to and during the project assessment process set out in O. Reg. 231/08. However, proponents must be in contact with the branch as the branch is the ministry’s one-window for transit and rail projects.

4.3.1 Environmental Assessment Branch

One of the branch’s principal responsibilities is to allow proponents and the minister to make informed decisions by administering the EAA and providing information and guidance about its requirements.

Specific responsibilities for branch staff in the transit and rail project assessment process include:

  • acting as the one-window for transit and rail projects following the project assessment process
  • providing information and guidance about the requirements of O. Reg. 231/08 and the Comprehensive EA Projects Regulation
  • providing information and guidance about other ministry environmental legislation, regulations, and procedures to proponents and interested persons
  • informing and providing proponents with the opportunity to comment on objections
  • reviewing and evaluating objections to transit or rail projects that are received by the ministry
  • coordinating the ministry’s noise, air and vibration technical comments
  • maintaining a public record of information for transit or rail projects in respect of which the ministry receives a notice of commencement
  • taking appropriate actions with respect to compliance by the proponent with any requirements of O. Reg. 231/08
  • monitoring compliance with respect to O. Reg. 231/08

The ministry’s 5 regional offices administer and deliver province-wide programs to protect air quality, protect surface and ground water quality and quantity, manage the disposal of wastes, ensure an adequate quality of drinking water, and control the use of pesticides. As one-window, the branch, coordinates and manages the ministry’s technical review, ensuring that concerns specific to the ministry’s mandate are provided to the proponent to be addressed. As part of the project assessment process, the project officer assigned to a transit or rail project will:

  • coordinate the ministry’s permission section comments and regional and district comments on technical issues such as air, water, contaminated sites, permissions and other matters that fall within the ministry’s mandate, jurisdiction or areas of interest while taking into account relevant ministry legislation, policies, standards, guidelines
  • provide suggestions to the proponent about contacting other regulatory agencies the proponent should contact if it is apparent, based on the proponent’s available documentation for a transit or rail project that another regulatory agency should be informed and consulted on a particular matter
  • provide comments and input to the branch within specified timelines on objections received

This guide is designed to assist proponents and interested persons in proceeding under the Transit and Rail Process Regulation.

Those interested in information about O. Reg. 231/08 or the Comprehensive EA Projects Regulation or other aspects of Ontario’s approach to EA should consult the Ministry of the Environment, Conservation and Parks’ website or contact the ministry at the following address:

Ministry of the Environment, Conservation and Parks
Environmental Assessment Branch
135 St. Clair Avenue West 
Toronto, Ontario M4V 1P5 Canada

Tel: 416-314-8001 
Toll-free: 1-800-461-6290 
Fax: 416-314-8452 
E-mail: EABDirector@ontario.ca 
Website:  Environmental assessments

In addition, the ministry has guidance materials for the following key elements of the EA framework in Ontario:

  • class EAs
  • climate effects (draft)
  • consultation
  • coordinating federal and provincial EA requirements
  • electricity projects
  • EAs
  • glossary
  • how to make a section 16 order request
  • making a hearing request
  • mediation
  • terms of reference
  • waste management projects