Current status

As part of our environmental assessment modernization efforts, we have exempted projects or activities related to land claim settlements and other agreements with Indigenous communities concerning land from the Environmental Assessment Act.

Get details on the exemption regulation proposal.

Project summary

The Ministry of the Environment, Conservation and Parks has exempted projects or activities related to land claim settlements and other agreements with Indigenous communities about land, from the requirements of the Environmental Assessment Act. This will create efficiencies, reduce administrative burden and duplication and, provide a single process as part of our plan to modernize Ontario’s environmental assessment program.

Proponent

Ministry of Indigenous Affairs

Location

Ontario

Type

Other

Reference number

19089

Contact

Cindy Batista, Environmental Assessment Branch

cindy.batista@ontario.ca

Project history

Exemption regulation (2021): filed
Proposal date: July 8, 2020
Expiry of public comment period: August 22, 2020
Decision date: TBC

Exemption regulation (2021)

As part of environmental assessment modernization efforts, we are exempting projects or activities related to land claim settlements and other agreements with Indigenous communities concerning land from the requirements of the Environmental Assessment Act.

Previously under the Environmental Assessment Act, projects or activities related to land claim settlements and other agreements with Indigenous communities concerning land could be undertaken by different proponent ministries, with requirements under various class environmental assessments. Mostly this included:

  • Ministry of Northern Development, Mines, Natural Resources and Forestry (NDMNRF)
  • Ministry of Government and Consumer Services

The Ministry of Indigenous Affairs has existing processes that provide the appropriate level of evaluation, fulfill the Crown’s duty to consult and provide opportunities for stakeholders, the public and agencies to provide input on these projects and activities.

As a result of the exemption, there will no longer be any requirements under the Environmental Assessment Act for projects or activities related to land claim settlements and other agreements with Indigenous communities concerning land. The Ministry of Indigenous Affairs will now be the one-window for evaluation and consultation, a change that will:

  • eliminate duplication
  • shorten timelines
  • reduce overall settlement costs

There will be a single process for these projects or activities by the agency responsible for negotiating these agreements.

The Ministry of Indigenous Affairs’ existing evaluation and consultation processes are better designed for projects or activities with potential socio-economic impacts. Projects or activities related to agreements are of this nature. These types of projects or activities typically do not impact current use of a property and have low potential for adverse effects on the environment.

By finding opportunities to work smarter, Ontario will reduce delays on projects that matter most to local communities and ensure focus on projects with highest potential environmental impact.

The exemption regulation will not apply to any projects or activities subject to a declaration order or to projects currently undergoing a class environmental assessment process.

Learn more about this proposal on the Environmental Registry of Ontario.