The University of Western Ontario

The Municipal Class EA Process

Presentation Title Goes in Here

February 28, 2017
 Overview
• Types of Projects and
• Introduction and
Background Schedules
• Ontario Environmental • Private Sector Development
Assessment Act and Types • PVT Class EA
of Class EA?
• Definition of an Approved • Monitoring of Municipal
Class EA Class EA
• Approved “Parent" Class EA • Planning and Design Process
for Municipal Projects
• Five Phase of Class EA
• Individual EA Approval
Mechanism Planning Process
• Municipal Class EA Common • Changing the Project Status
Principles – Appeal Process
• Principles of Good EA • The outline for the
Planning
preparation of the
Environmental Study Report
 Objectives
• To understand:
1. The Municipal Class EA;
2. The Schedule Projects;
3. The various phases and steps;
4. The writing of EA report; and
5. The appeal process.
 Introduction and Background

• The purpose of the Ontario Environmental

Assessment Act is to provide for (Part I-Section
2):
– The betterment of the people of the whole or any
part of Ontario by providing for the :
– Why doing municipal class EA
1. Protection,
2. Conservation; and
3. Wise management (Sustainability) of the environment.
 Ontario Environmental Assessment Act
• The EA Act identifies two types of EA planning and
approval processes:
• Individual and Class EA
– Part II:
• Individual EA for those projects for which Terms of Reference
(ToR) and an individual EA are carried out; and
• Submitted to the Minister of the Environment and Climate
Change (MOECC) for review and approval;
– Part II.I: Public Structures 20- 30 yrs Known impact
• Class EA for those projects which are approved subject to
compliance with an approved class EA process;
• Providing the approved process is followed; and
• Proponent has complied with Section 13 (3)(a) of the EA Act.
 What is a Class EA?
• A Municipal Class EA is a five phase study that identifies
potential positive and negative effects of projects such as:
– Road improvements,
– Water and wastewater projects
– Facility expansions, or
– To facilitate a new service.
• The process includes an extensive evaluation of impacts on
the natural and social environment, which includes:
– Plants and animals,
– Soils,
– Traffic patterns,
– Residents, and
– Businesses community.
– etc.
 Who does a Class EA apply to?
• The Municipal Class EA applies to municipal
infrastructure projects such as:
– Roads,
– Water and wastewater projects etc.
• Projects undertaken by municipalities can vary in
their environmental impact,
– Sewer maintenance vs. Road extension and new
sewer
– Both has different scale of impact on the
environment.
• Such projects are classified in terms of schedules.
 Definition of an Approved Class EA
• An approved Class EA describes the process that a
proponent must follow for projects;
• Sub section 14(2) of the EA Act identifies that once
"parent" Class EA is approved under the EA Act, all
projects of the type included in the class have pre-
approval under the EA Act, provided:
– They are carried out in accordance with the
commitments made in the "parent" Class EA; and
– Any additional requirements specified in the EA Act
approval.
– Example: Watershed Study Dingman Check Sub water
Shed Study
 Approved “Parent" Class EA for
Municipal Projects
• The Class EA establishes a process whereby the
municipal projects can be:
– Planned,
– Designed,
– Constructed,
– Operated,
– Maintained, and
– Rehabilitated without having to obtain project
specific approval under the EA Act.
 Approved “Parent" Class EA for
Municipal Projects
• The Class EA process do not replace or exempt
the formal processes of other applicable:
– Federal and provincial legislation; and
– Municipal by-laws; and
– Specific public and agency consultation that they
may require.
 Individual EA Approval Mechanism
• Report submitted to MOE for a decision;
• MOE initiates formal government and public
review;
• Appeal mechanism - request a hearing; and
• For Timelines see Ontario regulation 334.
• Regulates scheduling and timing
Municipal Class EA Common Principles
• Outline planning process;
• Eg Fish Ladder Range (Slope, flow,…etc)
• Outline process for types of projects in various
classes based on:
– Level of complexity, and
– Potential for impacts; and
• Encourage proponents to utilize good
environmental planning principles;
Municipal Class EA Common Principles
Very Important Slide
• Outline minimum requirements for consultation;
• Describes documentation principles;
• Provides opportunity for stakeholder appeals
(Complaint Appeal) (Part II Order/’Bump—up”) B to C
• Follow general model (6 Steps of Municipal Class EA):
1. Identify Problem; Development in the Flood Plain
2. Examine Alternatives;
3. Examine Alternative Methods;
4. Select the Best Alternative;
5. Assess Impacts; and
6. Develop Mitigation. How environment and project exist
 Principles of Good EA Planning
1. Consultation:
– Consultation with potentially affected parties early in
and throughout the process; As soon as you know the
project
2. Alternatives:
– Consideration of a reasonable range of alternatives;
3. Effects:
– Consideration of effects on all aspects of the
environment; and
4. Evaluation of Alternatives:
– Systematic evaluation of alternatives documentation.
 4 Important Types of Projects and
Schedules
• Municipal Engineer Association (MEA ) Public
Sector .
• Information about Class EA
• EXAM: DETERMINE A SCHEDUALE OF A PROJECT
• Class EA projects are classifieds as:
1. Schedules A, limited scale min env. Effect N
2. Schedules A+,
3. Schedules B; and
4. Schedules C.
 Schedule ‘A’
• Schedule ‘A’
– Typically limited in scale;
– Minimal adverse environmental effects
– Include normal or emergency operational and
maintenance activities;
– Pre - approved;
– Proponent may proceed without following procedures
set out In the Municipal Class EA;
– Immediate. No need for public participation
– Examples:
• Storm sewer maintenance
• Water main burst maintenance
 Schedule A+
• As a result of amendments in 2007;
• Projects under Schedule A+ are Pre-approved;
• Public is to be advised prior to implementation;
• The methods and means used for public advise are to be
determined by the proponent prior to implementation;
• Some type of public notification for certain projects;
• Does not request a Part II Order (Ignore Complaint
Appeal) ; and
• Public comments are directed to the municipal council
where they would be more appropriately addressed.
• Examples
• Storm sewer replacement
• Water main replacement
 Schedule ‘B’
• All Municipal Projects start as Class B, might be
pumped to C later.
• Potential for some adverse environmental effects
with known mitigation; known Env. Issues
• Generally include improvements and minor
expansions to existing facilities;
• Undertake a screening process including
mandatory contact with:
– Public: directly affected public, and
– Relevant review agencies, MNR, CA, MECC
• Place “Project File” on minimum 30 day public
review.
 Schedule ‘B’
• The municipality is required to proceed through a
screening process including consultation with
those who may be affected.
• The contents may includes:
– Background info;
– Problem and/or opportunity being addressed;
– Description/Inventory of the environment;
– Alternatives and evaluation process are considered;
and
– Public consultation, how concerns have been
addressed.
– No Environmental Impact Discussion
 Schedule ‘C’
• NEW Projects are ALWAYS Class C
• Potential for significant environmental effects;
• Public must be consulted;
• Generally include construction of new
facilities and major expansions to existing
facilities;
• Must proceed under the full procedures
specified In Class EA; and
• File Environmental Study Report (ESR) for
minimum 30 day public review.
 Schedule ‘C’
• Schedule ‘C’ Environmental Study Report;
• Suggested Outline Can be done for Class C:
– Executive Summary: Purpose of the project
– Chapter 1 — Introduction and Background
– Chapter 2— Problem Statement
– Chapter 3— Alternative Solutions  Start Design
– Chapter 4 - Alternative Design Concepts for the
Preferred Alternative
– Chapter 5 — Project Description
– Chapter 6- Monitoring Appendices
 Private Sector Development
• Development of municipal servicing
infrastructure is undertaken by:
– Municipalities acting in their own behalf;
– On behalf of private sector developers;
– By private sector developers acting in their own
behalf.
• Works undertaken by private sector developers,
with the exceptions noted in Ontario Regulation
345/93 continue to be exempt from the EA Act
and are therefore not subject to this Class EA.
 Private Sector Development
• Private sector development are subject to review
prior to implementation, regardless of:
– Who undertakes the planning and construction; and
– Who is ultimately responsible for control and
maintenance of the works.
• Municipalities are encouraged to consider
requiring developers to fully consider appropriate
alternatives even if the project is exempt under
Ontario Regulation 345/93.
 Monitoring of Municipal Class EA
• In order to monitor the effectiveness of the
process in meeting the requirements of the EA
Act, as well as municipal compliance, proponents
are required to submit to the MOE,
– One copy of the "Notice of Completion" for each
Schedule B project; and
– The "Notice of Completion of Environmental Study
Report" for each Schedule C project.
– This in turn will provide a record of projects
undertaken within the province for use during the
next review of this Class EA.
 Planning and Design Process
• The main elements of the process and its application
are that it:
– Incorporates the key features of environmental
assessment planning;
– Follows five basic phases which are conducted within a
framework of environmental protection,
– Effective consultation with stakeholders including:
• Review agencies,
• Public,
• Property owners,
• Interest groups, and
• Traceable decision making;
– Outlines mandatory consultation and documentation
requirements;
 Five Phase of Class EA Planning
Process
• Phase 1;
• Phase 2;
• Phase 3;
• Phase 4; and
• Phase 5.
 Five Phase of Class EA Planning
Process
1. Phase 1:
– Identify the problem or opportunity.
– What are the problems that might be faced
2. Phase 2:
– Identify alternative solutions to address the problem or
opportunity by taking into consideration the existing
environment, and
– Establish the preferred solution taking into account public and
review agency input;
– Determine the appropriate Schedule for the undertaking and
– Document decisions in a Project file for Schedule B projects, or
proceed through the following Phases for Schedule C projects.
 Five Phase of Class EA Planning
Process
3. Phase 3:
– Examine alternative methods of implementing the
preferred solution, based upon the existing
environment,
– Public and review agency input,
– Anticipated environmental effects,
– Methods of minimizing negative effects. and
– Maximizing positive effects.
 Five Phase of Class EA Planning
Process
4. Phase 4:
– Document summary of the rationale in an
Environmental Study Report;
– Planning, design and consultation process of the
project as established through the above phases,
and
– Make such documentation available for review by
agencies and the public.
 Five Phase of Class EA Planning
Process
5. Phase 5: FINAL PHASE BEST ALTERNATIVE
DESIGN DONE
– Complete contract drawings and documents;
– Proceed to construction and operation;
– Monitor construction for adherence to
environmental provisions and commitments; and
– Where special conditions dictate, also monitor the
operation of the completed facilities.
 Phase 5 - Implementation
• Completion of contract drawings and tender
documents,
• The contract drawings, documents and method of
construction shall embody the selected design,
• The environmental provisions and mitigating
measures developed throughout the planning
process as detailed in the ESR Env Study Report,
• The proponent cannot change or omit the
provisions in terms of design
• Normally tenders are issued after the expiration of
the 30-day ESR review period.
 Phase 5 - Implementation
• Contracts are awarded, construction takes place and the
project is implemented, commissioned and placed into
operation;
• Monitoring for environmental provisions and
commitments.
– The environmental provisions and commitments made in
the ESR shall be fulfilled and effective.
– Monitoring of project operation may be necessary to
ensure the effectiveness of the selected solution in
resolving the problem.
• The results of the monitoring program shall be
communicated to the public and review agencies, if
requested.
 Environmental Study Report
• The Environmental Study Report (ESR) is intended to be a traceable
• Easily understood record of the decision making process. For public
• The following brief outline sets out the general requirements:
a. A description of the problem or opportunity and other background
information. Eg. Why 5 alt.?which one is the best one?
b. The rationale employed in selecting the preferred solution to the
problem.
c. The rationale employed in selecting the preferred design.
d. A description of the environmental considerations and impacts.
e. The mitigating measures which will be undertaken to minimize
environmental effects.
f. A description of the consultation process and an explanation of how
concerns raised by the public and review agencies have been
addressed in developing the project
g. A description of the monitoring program which will be carried out
during construction and, if necessary, for a specific time during
operation.
 Environmental Study Report
• ESR is placed with Municipal Clerk for public input and record
for at least 30 calendar days for review by the public,
• At the time of filing the ESR, the public and review agencies
must be notified,
• This is accomplished by the mandatory issue of Notice of
Completion of ESR,
• This Notice constitutes the third mandatory contact point
with the public and review agencies and also carries a
mandatory requirement to include notification of the
provision to request a Part II Order.
• If no request for an Order is received by the Minister within
the review period, then the proponent may proceed to Phase
5 and implementation of the project.
 Changing the Project Status – Appeal
Process- Part II Order
• Part II Order Under the provisions of subsection 16 of
the amended EA Act:
– An opportunity under the Class EA planning process for the
Minister or delegate to review the status of a project;
• Members of the public, interest groups and review
agencies may request the Minister or delegate to
require a proponent to comply with Part II of the EA
Act, before proceeding with a proposed undertaking.
• The Minister or delegate determines whether or not
this is necessary with the Minister's or delegate's
decision being final. They decide if important, if yes
pump up from Class B to Class C
 Procedure to Request a Part II Order
• The procedure for dealing with concerns which may
result in the Minister or delegate by order requiring a
proponent to comply with Part II of the EA Act is
outlined as follows:
a. For Schedule B:
• Person or party with a concern should bring it to the attention of
the proponent in Phase 2 of the planning process;
b. For Schedule C:
• Person or party with a concern should bring it to the attention of
the proponent at any point during Phase 2 through Phase 4 of
the planning process;
c. If a concern is not resolved through discussions with a
proponent, the person or party raising the objection may
request the proponent to voluntarily elevate a Schedule B
project to Schedule C;
Procedure to Request a Part II Order
d. Elevate a Schedule B or Schedule C project to an
individual environmental assessment;
e. If the proponent declines, and the person or
party with the concern wishes to pursue the
matter, they may write to the Minister of the
Environment or delegate and request a Part II
Order; and
f. These requests shall be copied by the requester
to the proponent at the same time that they are
submitted to the Minister or delegate.
 Procedure to Request a Part II Order
• For Schedule B projects,
– a written request must be submitted to the Minister
or delegate within the 30 calendar day(Sat and Sun)
review period after the Notice of Completion has
been issued.
• For Schedule C projects,
– a written request must be submitted to the Minister
or delegate within the 30 calendar day review period
after the proponent has filed the ESR in the public
record for public review and has issued the Notice of
Completion of ESR.
• Requests made or received after the 30 calendar
day review period will not be considered.
 Procedure to Request a Part II Order
• It is the proponent's responsibility to ensure proper
notification to the public of their legal right of review
under this Class EA .
• Failure to satisfy this requirement may result in the
Minister or delegate ordering an additional period of
public review, with appropriate notifications, or could
result in the Minister accepting a request after the 30-
day review period.
• On receipt of a request by the Minister, the Minister or
delegate shall advise the proponent of the receipt of
the request.
 Relationship of Projects within the
Class EA to Other Legislation
• Planning Act
• Municipal Act, 2001
• Ontario Water Resources Act Environmental Protection Act
• Ontario Regulation 586/06
• Drainage Act
• The Provincial Policy Statement (PPS);
• The Oak Ridges Moraine Conservation Act 2001, and the Oak Ridges
Conservation Plan enacted in 2001;
• The Ontario Safe Water Drinking Act, 2002 and its regulations;
• The Nutrient Management Act, 2002 and its regulation;
• The Niagara Escarpment Plan;
• The Greenbelt Plan; near ski resort on the right side of 401
 Relationship of Projects within the
Class EA to Other Legislation
• Clean Water Act, 2006;
• Great Lakes — St. Lawrence River Basin Sustainable Water
Resources Agreement,
• Safeguarding and Sustaining Ontario's Water Act, 2007.
• Municipal projects must also comply with the requirements of the
Canadian Environmental Assessment Act (CEAA) where applicable.
• In addition, there are a number of Federal Acts that are relevant to
municipal projects including:
– Fisheries Act
– Navigable Waters Protection Act
– Species at Risk Act
– Migratory Birds Convention Act
– Canadian Transportation Act
 The outline for the preparation of the
Environmental Study Report
• Executive Summary
• Chapter 1- Introduction and Background
• Chapter 2 - Problem Statement
• Chapter 3 - Alternative Solutions
• Chapter 4 - Alternative Designs
• Chapter 5 - Project Description
• Chapter 6 - Monitoring