Ontario Proposes New Regulatory Changes to Move to a Project List Approach under the Environmental Assessment Act
On November 26, 2021, the Ontario Ministry of Environment, Conservation and Parks (MECP) shared proposed regulations and related actions to move toward a project list approach for projects that will require a comprehensive environmental assessment (EA) under the Environmental Assessment Act (EAA). The proposed regulations have been posted to the ERO for 60 days, with a deadline for comment of January 25, 2022. The proposed list of projects was initially shared by MECP in September 2020.
The MECP’s intent to propose these regulations to move to a project list approach was first made in July 2020 when the EAA was amended under the COVID-19 Economic Recovery Act, 2020, along with many other proposed changes to modernize the EAA. The project list approach means that projects that require a comprehensive EA (previously known as an individual EA) will be listed in the regulation rather than being based mainly on who is proposing the project. The motivation for a project list approach is to better align with the approach by other jurisdictions in Canada and would help align some thresholds with those of the federal government in certain sectors.
Pending approval of these proposed regulatory changes, most project types that currently require a comprehensive EA will continue to need one, but some projects would instead follow a more streamlined process.
Read the full update here.
Happy to Help
Our team is tracking the various changes closely and can assist as needed.
Robyn Gray, Principal and Environment Practice Lead
Christina Marciano, Senior Associate
