Legislative Authority:
Environmental Assessment Act, RSO 1990, chapter E.18

January 2014

This Code of Practice was developed in consultation with government agencies and other interested persons including academics, environmental assessment practitioners, environmental groups, industry associations, professional associations and proponents. We appreciate the contributions that these individuals and groups have made to finalize this document and look forward to continued input to maintain it as an effective tool for use during the environmental assessment process.

Readers should check the Ministry of the Environment’s website or call the Environmental Approvals Access and Service Integration Branch to find out if there have been any revisions.

Ministry of the Environment
Environmental Approvals Access and Service Integration Branch
2 St. Clair Avenue West, Floor 12A
Toronto, Ontario M4V 1L5 Canada

E-mail: EAASIBGen@ontario.ca
Website: Ontario Environmental Assessments

This Code of Practice is published as a living document that will be reviewed and revised as necessary. Any comments, suggestions for revision or clarification are welcomed and should be sent to the Director of the Environmental Approvals Access and Service Integration Branch at the address listed above.

Under section 31(1)(e), the Minister of the Environment may gather, publish and disseminate information with respect to the environment or environmental assessments for the purposes of administrating and enforcing the Environmental Assessment Act and regulations made thereunder. Therefore, the ministry expects that this Code of Practice will be considered by proponents of class environmental assessments and class environmental assessment projects.

PIBS 7259e02
Revision 0 - November 2008
Revision 1 - October 2009
Revision 2 - January 2014

Glossary

The definitions in this glossary are intended to assist the reader in understanding the terms used in this Code of Practice. To understand these terms completely, the Ministry of the Environment recommends that both the definitions in here and in the legislation be consulted. In all cases, the wording contained in the Environmental Assessment Act shall prevail.

Aboriginal peoples
The Constitution Act, 1982 specifies that Aboriginal peoples include Indian, Inuit and Métis peoples of Canada.
addendum
A change to a class environmental assessment project in accordance with approved procedures in the class environmental assessment.
alternative design
A type of alternative method.
alternative methods
Alternative methods of carrying out the proposed undertaking are different ways of doing the same activity.

Alternative methods could include consideration of one or more of the following: alternative technologies; alternative methods of applying specific technologies; alternative sites for a proposed undertaking; alternative design methods; and, alternative methods of operating any facilities associated with a proposed undertaking.

alternatives
Both alternative methods and alternatives to a proposed undertaking.
alternatives to
Alternatives to the proposed undertaking are functionally different ways of approaching and dealing with a problem or opportunity.
amendment
A change to a class environmental assessment which can be initiated by the applicant or Minister:
  • Before a Notice of Completion of Review is given under subsection 7.1(2) of the Environmental Assessment Act;
  • After a Notice of Completion of Review subject to conditions, if any, imposed by the Minister; or
  • In accordance with the amending procedures specified in an approved class environmental assessment.

When the amendments are made, and the class environmental assessment has been resubmitted, a decision to approve, approve with terms and conditions or refuse the undertaking can be considered.

applicant
The person seeking approval of a class environmental assessment.
application
An application for approval to proceed with a class environmental assessment for a class of undertakings under subsection 13(1) of the Environmental Assessment Act.
approval

Approval in the context of this Code of Practice refers to the approval of Cabinet in respect of a Minister’s decision to approve an application under section 13 of the Environmental Assessment Act.

As the class environmental assessment process is a self-assessment process, section 5 of the Environmental Assessment Act (approval for an undertaking) does not apply to projects as long as they proceed in accordance with the approved class environmental assessment.

Branch
Environmental Approvals Branch, Ministry of the Environment.
class environmental assessment
A document that sets out a standardized planning process for those classes or groups of activities for which the applicant is responsible. It is also known as a "parent" document in some class environmental assessments. A class environmental assessment is approved under the Environmental Assessment Act and applies to projects that are carried out routinely and have predictable environmental effects that can be readily managed.

Projects defined within a class environmental assessment require no further environmental approval under section 5 of the Environmental Assessment Act, conditional upon being planned according to the procedures set out in the document and not being subject to a Part II Order. All class environmental assessments have a mechanism where the Minister may order that an "individual" environmental assessment be carried out for a particular project, if warranted (Part II Order or "bump- up").

class environmental assessment project
An undertaking that does not require any further approval under the Environmental Assessment Act if the planning process set out in the class environmental assessment document is followed and successfully completed. Any interested person may request the Minister or delegate to order that a class environmental assessment project be bumped up to an "individual" environmental assessment by making a Part II Order.
commitment
Represents a guarantee from a proponent about a certain course of action, that is, "I will do this, at this time, in this way." Proponents acknowledge these guarantees by documenting obligations and responsibilities, which they agree to follow, in environmental assessment documentation (terms of reference and environmental assessment). Once the Minister and Cabinet approve an application, the commitments within the document are often made legally binding as a condition of approval. Commitments are also found in environmental reports for class environmental assessment projects. Although not approved by the Minister and Cabinet, they represent guarantees from a proponent about a certain course of action.
consultation
A two-way communication process to involve interested persons in the planning, implementation and monitoring of a proposed undertaking, or in the context of class environmental assessments, in the determination of the planning process itself. Consultation is intended to:
  • Identify concerns;
  • Identify relevant information;
  • Identify relevant guidelines, policies and standards;
  • Facilitate the development of a list of all required approvals, licences or permits;
  • Provide guidance to the proponent about the preparation of the terms of reference and class environmental assessment;
  • Ensure that relevant information is shared about the proposed undertaking;
  • Encourage the submission of requests for further information and analysis early in the class environmental assessment process;
  • Enable the ministry to make a fair and balanced decision.
Deadlines Regulation
Refers to Ontario Regulation 616/98, which establishes the timing of reviews and decisions for terms of references, environmental assessments and class environmental assessments by the ministry.
Director*
Director of the Environmental Assessment and Approvals Branch, Ministry of the Environment.

In October 2011, the Environmental Assessment and Approvals Branch underwent a functional reorganization which resulted in the creation of two branches: Environmental Approvals Branch and Environmental Approvals Access and Service Integration Branch. For the purposes of this Code of Practice, the definition of "Director" also refers to the functional position Director, Environmental Approvals Branch.

do nothing alternative
An alternative that is typically included in the evaluation of alternatives that identifies the implications of doing nothing to address the problem or opportunity that has been identified. Also referred to as the "null" alternative in some class environmental assessments.
environment*
The Environmental Assessment Act defines environment to mean:
  1. Air, land or water;
  2. Plant and animal life, including human life;
  3. The social, economic and cultural conditions that influence the life of humans or a community;
  4. Any building, structure, machine or other device or thing made by humans;
  5. Any solid, liquid, gas, odour, heat, sound, vibration or radiation resulting directly or indirectly from human activities; or,
  6. Any part or combination of the foregoing and the interrelationships between any two or more of them.
environmental assessment
Environmental assessment is a study, which assesses the potential environmental effects (positive or negative) of an individual proposal. Key components of an environmental assessment include consultation with government agencies and the public; consideration and evaluation of alternatives; and, the management of potential environmental effects. Conducting an environmental assessment promotes good environmental planning before decisions are made about proceeding with a proposal. This is also referred to as an "individual" environmental assessment.
Environmental Assessment Act
The Environmental Assessment Act (and amendments and regulations thereto) is a provincial statute that sets out a planning and decision- making process to evaluate the potential environmental effects of a proposed undertaking. Proponents wishing to proceed with an undertaking must document their planning and decision-making process and submit the results from their environmental assessment to the Minister for approval.
Environmental Assessment Coordinator
The assigned staff person from one of the ministry’s five regional offices. Environmental Assessment Coordinators administer provincial environmental assessment requirements by managing the ministry’s technical review, ensuring that concerns specific to the ministry’s mandate are provided to the proponent to be addressed, and providing guidance on the specific processes, provisions and requirements of class environmental assessments and Environmental Screening Processes.
environmental effect
The effect that a proposed undertaking or its alternatives has or could potentially have on the environment, either positive or negative, direct or indirect, short- or long-term.
environmental report
Any report or documentation prepared for a class environmental assessment project which describes how the class environmental assessment project was planned to meet the requirements of the approved class environmental assessment. It is typically called an environmental study report. Also known as project plan, project file, environmental screening report, environmental study report, consultation and documentation record. The names vary by class environmental assessment.
expert federal authority
A federal authority that has specialist or expert information or knowledge with respect to a project that can be provided to a responsible authority, review panel, or another jurisdiction during an environmental assessment, including expertise on the implementation of mitigation measures and any follow-up program.
federal authority
A federal authority is defined under the Canadian Environmental Assessment Act, 2012 to mean:
  1. A Minister of the Crown in right of Canada;
  2. An agency or other body of the federal government ultimately accountable to Parliament through a federal Minister of the Crown;
  3. Any department or departmental corporation set out in Schedule I or II of the Financial Administration Act; or,
  4. Any other body that is set out in Schedule 1 of the Canadian Environmental Assessment Act, 2012.
Government Review Team
Staff from government ministries and agencies (federal; provincial, including local Conservation Authorities; and, municipal, including local Boards of Health) who contribute to the review of environmental assessment documentation (terms of reference, environmental assessment and class environmental assessment) by providing comments from their mandated areas of responsibility. In the class environmental assessment context, there is no formal Government Review Team.
impact management measures
Measures which can lessen potential negative environmental effects or enhance positive environmental effects. These measures could include mitigation, compensation, or community enhancement.
interested persons
Individuals or organizations with an interest in a particular undertaking. Persons with an interest in a particular undertaking often include neighbours and individuals, environmental groups or clubs, naturalist organizations, agricultural organizations, sports or recreational groups, organizations from the local community, municipal heritage committees, ratepayers associations, cottage associations, Aboriginal peoples and communities, Francophones and businesses.

Interested persons are not required to demonstrate that they will personally be affected by a particular undertaking. Interested persons are often called stakeholders.

Master Plans
Master Plans are long range plans, integrating infrastructure requirements for present and future land use with environmental planning principles.These plans examine the whole infrastructure system in order to outline a framework for planning for subsequent projects and/or developments.
mediation
A dispute resolution process in which a neutral third party (mediator) who is acceptable to all parties assists disputants in reaching a mutually acceptable agreement. The mediator has no authority to impose a settlement and participation in the process is voluntary.
Minister*
Minister of the Environment.
ministry*
Ministry of the Environment.
Ministry Technical Reviewers
Ministry of the Environment staff, other than the Project Officer, who contribute to the review of the draft and proposed terms of reference. They form part of the Government Review Team for the proposal.
monitoring
The activities carried out by the applicant after approval of an undertaking to determine the environmental effects of the undertaking ("effects monitoring"). Monitoring can also refer to those activities carried out by the Ministry of the Environment to ensure that an applicant complies with the conditions of approval of the class environmental assessment ("compliance monitoring").

Effectiveness monitoring is a third type of monitoring in which an applicant evaluates how effectively its class environmental assessment is working in the planning and implementation of its class environmental assessment projects.

Part II Order
Formerly known as a "bump-up," a Part II Order is an order issued by the Minister that makes a class environmental assessment project an undertaking that is subject to Part II of the Environmental Assessment Act.
Project Evaluator
The assigned staff person from the Environmental Approvals Branch who manages and coordinates the review of requests for Part II Orders for class environmental assessment projects or elevation requests on electricity or waste management projects, subject to the Environmental Assessment Act.
Project Officer
The assigned staff person from the Environmental Approvals Branch who manages and coordinates the review of the components of an Environmental Assessment Act application (that is, a terms of reference or an environmental assessment) for approval. The Project Officer also provides guidance on the environmental assessment process to proponents, government agencies and other interested persons.
proponent*
A person, agency, group or organization that carries out or proposes to carry out an undertaking or is the owner or person having charge, management or control of an undertaking. In the context of this Code of Practice the proponent is the person, agency group or organization that proposed to carry out a class environmental assessment project, rather than the development of the class environmental assessment itself.
public record file
A public record file will be maintained by the Environmental Approvals Branch for every undertaking for which there is an application for approval under Part II and Part II.1 as well as orders under section 16 and the preparation of Declaration Orders under section 3.2 and Harmonization Orders under section 3.1 of the Environmental Assessment Act in accordance with the requirement to maintain a record under section 30 of that act.

In addition, the Environmental Approvals Branch will maintain a public record file for elevation requests under the streamlined environmental assessment process for electricity projects and waste management projects, objections for transit projects and requests for an individual environmental assessment pursuant to Declaration Orders. The purpose of the public record file is to promote transparency and consultation. Public record files are only kept for class environmental assessment undertakings where a Part II Order has been requested.

Record of Consultation
A document submitted with the proposed terms of reference that describes the consultation carried out during the preparation of the terms of reference and the results of that consultation.
responsible authority
In accordance with the Canadian Environmental Assessment Act, 2012 and in relation to a designated project, a federal authority that is required to ensure that a federal environmental assessment of a designated project is conducted.
stand-alone document
Additional documentation prepared separately from the terms of reference, which provides more information, but is not subject to the approval of the Minister (for example, Record of Consultation and supporting documentation).
supporting documentation
Documentation that is submitted to the ministry, in addition to the proposed terms of reference, which provides further information on issues discussed in the proposed terms of reference. Information contained in the supporting documentation should support the proponent’s request that the terms of reference be approved by providing justification for the choices made and details of processes or methodologies to be used.These are routinely submitted as stand-alone documents.
terms of reference
A document prepared by the proponent and submitted to the Ministry of the Environment for approval. The terms of reference sets out the framework for the planning and decision-making process to be followed by the proponent during the preparation of an environmental assessment or class environmental assessment. In other words, it is the proponent’s work plan for what is going to be studied and includes a consultation plan. If approved, the environmental assessment must be prepared according to the terms of reference.
undertaking*
An enterprise, activity or a proposal, plan, or program that a proponent initiates or proposes to initiate.

* An asterisk (*) beside a defined term indicates that the term is defined in the Environmental Assessment Act.