Class Environmental Assessment for Waterpower Projects

Project summary

This class environmental assessment sets out a planning process for small to medium scale waterpower projects, such as new facilities less than 200 megawatts in capacity and most expansion projects, as per Ontario Regulation 116/01—Electricity Projects, 2001. New facilities 200 megawatts or larger must undergo an individual environmental assessment.

Learn more on the Ontario Waterpower Association website.

Proponent

Ontario Waterpower Association

Location

Ontario-wide

Type

Electricity generation

Reference number

02139

Contact

Devon Wills, Environmental Assessment Branch

• Tel: 416-270-4457
• Toll-free: 1-800-461-6290

devon.wills@ontario.ca

Project history

Class environmental assessment—amendment (2024): approved
Expiry of public comment period: May 9, 2023
Amendment date: February 22, 2024

Class environmental assessment – minor amendment (2022): approved
Decision date: April 14, 2022

Class environmental assessment—major amendment (2022 ): approved
Date submitted: December 5, 2019
Expiry of public comment period: August 22, 2020
Decision date: February 24, 2022

Class environmental assessment—minor amendment (2018): approved
Decision date: January 26, 2018

Class environmental assessment—major amendment (2017): approved
Date submitted: June 26, 2012
Expiry of public comment period: April 20, 2016
Decision date: October 19, 2017

Class environmental assessment—minor amendment (2015): approved
Decision date: October 8, 2015

Class environmental assessment—minor amendment (2014): approved
Decision date: October 17, 2014

Class environmental assessment—minor amendment (2013): approved
Decision date: September 30, 2013

Class environmental assessment—minor amendment (2012): approved
Decision date: March 16, 2012

Class environmental assessment—minor amendment (2011): approved
Decision date: March 18, 2011

Class environmental assessment (2008): approved
Date submitted: October 19, 2007
Expiry of public comment period: December 14, 2007
Expiry of public comment period for ministry review: June 6, 2008
Decision date: October 8, 2008

Terms of reference: approved
Date submitted: August 23, 2002
Expiry of public comment period: September 27, 2002
Decision date: November 4, 2005

Class environmental assessment — amendment (2024)

Ontario is modernizing its environmental assessment program to better serve communities now and in the future. 

As part of this work, we amended the Class Environmental Assessment for Waterpower projects to among other things, clarify the class of projects that the Class EA applies to. 

This and other amendments align the Class EA with:

• Environmental Assessment Act amendments
• regulations for moving to a project list approach for projects that will require a comprehensive environmental assessment 
   

Class EAs continue to provide a framework for consultation, identification of potential impacts and mitigation measures.

Class environmental assessment — amendments (2022)

To support the government’s modernization initiative, the Ontario Waterpower Association proposed amendments to the Class EA for Waterpower Projects. The proposed amendment would create a screening process to exempt projects that are anticipated to be low impact from the full class environmental assessment process.

The proposed amendments focus on:

• aligning assessment requirements with environmental impact
• reducing duplication
• increasing efficiency of the assessments

The ministry approved various amendments to the Ontario Waterpower Association Class EA which considered and reflect the feedback we heard from Indigenous communities, proponents, stakeholders and other agencies during the Summer 2020 consultation period.

These changes will align assessment requirements with environmental impact, reduce duplication and streamline the process, while maintaining strong environmental oversight and protection.

Projects that meet the following categories would be eligible to go through the screening process:

• expansion or change to an existing facility with an initial nameplate capacity of less than 200 megawatts (MW) ; and
• expansion or change to an existing generation facility by less than 25% with an initial nameplate capacity of greater than 200 MW.

Projects that fall within the schedule must also meet the following criteria:

• associated with existing water management infrastructure, such as a dam, a weir, or a lock
• limit any increase in the footprint of the water management infrastructure to 25% or less

Projects that meet the criteria will be required to notify the public, Indigenous communities and government agencies and perform a self-assessment on potential environmental effects in key areas.

Learn more about the amendments on the Environmental Registry and read the updated document for full details on the changes. We encourage all proponents to review the amendments and transition provisions to assess how their projects may be affected. 

Class environmental assessment—minor amendment (2018)

A minor amendment to the class environmental assessment was approved on January 26, 2018.

For more information and to obtain a copy of the notice of minor amendment, please contact the ministry via the contact person listed on this page.

Class environmental assessment—major amendment (2017)

On October 19, 2017, the Minister of the Environment and Climate Change approved a major amendment to the Class Environmental Assessment for Waterpower Projects submitted by the Ontario Waterpower Association.

This amendment creates a new category for small waterpower projects that have a nameplate capacity of 500 kilowatts or under and are associated with existing waterpower management infrastructure. The new category also includes projects that increase the efficiency of existing waterpower facilities, including the use, retrofitting, redeveloping, upgrading or like-for-like replacement of existing infrastructure.

Notice of approval of amendments

Proponent: Ontario Waterpower Association (OWA)
EA file number: EA-03-03-02-02

Having considered the purpose of the Environmental Assessment Act, the amendments to the Class Environmental Assessment for Waterpower Projects (November 2015), the amending procedures, and the submissions received, I hereby give approval and amend the Class Environmental Assessment. Please see the amended sections of the Class Environmental Assessment for Waterpower Projects, in tracked changes, attached to this notice.

The proponent shall provide to the Director of the Environmental Approvals Branch two copies of the consolidated approved amended Class Environmental Assessment for Waterpower Projects for its public record file and for staff use for monitoring and compliance purposes. The proponent shall also post the amended document on its web site. The consolidated document shall include any necessary formatting or other administrative changes including updates to names of government agencies or legislation as may be applicable as outlined in the amendment.

The proponents authorized to use this Class Environmental Assessment shall comply with the provisions/process as outlined in the amended document which are hereby incorporated into this approval.

Reasons

My reasons for giving approval are:

1. The amendments were prepared in accordance with Condition 3 of its Environmental Assessment Act approval, dated October 25, 2010 and the amendment provisions outlined in Section 8.2 of its Class EA.
2. On the basis of the proponent’s amended Class Environmental Assessment for Waterpower Projects and the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
3. No other beneficial alternative method of implementing the amended undertaking was identified.
4. OWA consulted on its amendments and demonstrated that the amendments were consistent with current legislation requirements and planning practices to provide for a more effective planning process to deliver municipal infrastructure and servicing in a more efficient and environmentally sustainable manner.
5. OWA's amendments are consistent with the Class Environmental Assessment for Waterpower Projects, the purpose and provisions of the Environmental Assessment Act and are in the public interest.
6. The Government Review Team and public review have indicated no outstanding concerns that have not been addressed or considered.

Conditions

Conditions that must be met on this approval:

1. Table 3—Potential Effects Identification Matrix in the Class Environmental Assessment for Waterpower Projects will be amended by the Ontario Waterpower Association to require proponents to consider the impact that climate may have on the project (resiliency) as well as the project’s effect on climate (mitigation).
2. Within thirty (30) days of the approval of the amendment to the Class Environmental Assessment for Waterpower Projects, the Ontario Waterpower Association must make available on a website accessible to the public, a list of all active projects, including all project notifications and documentation, being undertaken under the Class Environmental Assessment for Waterpower Projects.
3. Once the amendment has been approved, the Ontario Waterpower Association will notify:
   1. All First Nations communities in the Province of Ontario, as well as the Chiefs of Ontario by registered mail.
   2. All municipalities through the Association of Ontario Municipalities communications channels.

Dated the 19^th day of October 2017 at Toronto.

Original signed by:
Minister of the Environment and Climate Change
77 Wellesley Street West, 11^th Floor, Ferguson Block
Toronto, Ontario
M7A 2T5

Class environmental assessment (2008)

On November 4, 2005, the Minister of the Environment issued a notice of approval for the terms of reference (ToR) for the preparation of a class environmental assessment (EA) for waterpower development projects, prepared and submitted by the Ontario Waterpower Association (OWA).

In accordance with the approved ToR, the OWA drafted the class EA and formally submitted it to the Ministry of the Environment on October 22, 2007 for a seven week review period. The class EA was developed considerate of the advice and input received from the waterpower industry, provincial and federal agencies, Aboriginal organizations, representative associations and the public.

During the review period, comments were received from government agencies, members of the waterpower industry and other stakeholders. In response, the OWA took additional time to make minor changes and clarifications to the class EA and to respond to the comments of stakeholders. The OWA submitted responses to the comments raised and an updated class EA on March 28, 2008.

On May 2, 2008, the ministry released the notice of completion of ministry review for this class EA. The notice of completion was sent to the president of the OWA, the Association of Municipalities of Ontario, Aboriginal communities, all parties who made submissions during the first comment period and a distribution list of parties with known or expressed interest in the class EA.

The public, government agencies, Aboriginal communities and other interested parties were provided until June 6, 2008 to provide the ministry with comments about the proposed class of undertakings, the class EA and the ministry review. Upon the expiry of this comment period, the public and agency submissions were evaluated and approval was granted under the Environmental Assessment Act effective October 8, 2008.

Terms of reference

On November 4, 2005, the Minister of the Environment approved the terms of reference for this class environmental assessment.

Get details on the notice of approval.