Bike lanes and a parkway under EA revamp?

Did you know that Ontario’s Environmental Assessment Act was the first of its kind in Canada when it was enacted in 1975?

The provincial government is looking to modernize Ontario’s Environmental Assessment Act.   There are three key changes they are looking to make “to ensure strong environmental protections, while eliminating duplication, streamlining processes, providing clarity to applicants, improving service standards to reduce delays, and better recognize other planning processes that have evolved over the past four decades.”

At the local level, the proposed changes could have positive impacts with the exemption of low-risk activities such as bike lanes.  The City is currently
planning to add more bike lanes on Charlotte Street as part of that street’s redevelopment.  Clarifying the Minister’s authority could also have an impact on the Parkway, which is currently under a Ministerial order.

The following are being proposed as amendments to the Environmental Assessment Act:

• Modernize the environmental assessment program to focus on higher-risk projects by exempting very low-risk activities (e.g. snow plowing and de-icing operations, constructing roadside parks and adding bike lanes) from Class Environmental Assessments. These exempted activities have been classified as low-risk following comprehensive consultation on the Class Environmental Assessment involving the Ministry, the public, Indigenous communities and other stakeholders. Between 2012 and 2017, only 2 of the 172 decisions made on requests for a higher level of assessment (i.e. "bump-up" requests) pertained to low-risk activities.  As well, most of the activities to be exempted remain subject to environmental and planning permits and approvals.

Focusing the environmental assessment program on higher-risk projects is consistent with the approach currently taken by other jurisdictions in Canada, which do not have environmental assessment requirements for low risk projects to begin with.

• Ensure timeliness and certainty for the review of requests to the Minister asking for a higher level of assessment on a project (i.e. bump-up), including:

1. Clearly defining which matters bump-ups can be requested on, including matters related to Aboriginal or treaty rights and other matters of provincial importance as prescribed.
2. Authorizing the creation of a regulation that would prescribe limits on when the Minister must make decisions on requests, and deadlines for requesting a bump-up to provide transparency for all involved in the process.
3. Ensuring that Ontarians are given priority over other interests by limiting bump-up requests to only those that live in Ontario.

• Clarify the Minister’s authority to reconsider an approval of a project and ask for additional information on an individual environmental assessment, if deemed appropriate.

The Ontario Chamber of Commerce (OCC) made a submission to the proposed
changes document.

"The OCC is broadly supportive of the proposals in the paper as measures to ensure a more efficient and streamlined Environmental Assessment (EA) process is welcomed by the Ontario business community.

Traditionally, regulations are often seen as necessary to reduce risk, however, in practice, poorly designed and complex regulations stifle entrepreneurial activity, often with minimal benefit to the public. As Ontario businesses evolve and grow, it is of critical importance that our regulatory environment is reflective of our ever-changing industry and economy. This is particularly significant with respect to Ontario’s EA process.

The OCC has continually heard from our members as to how the current EA process significantly impacts a variety of significant projects from progressing. For example:

• The Ring of Fire. A multi-mineral deposit in Northern Ontario with an estimated value of $60 billion has the potential to transform communities. Progress has been very slow on numerous fronts for exploration firms active in the region, due in part to delays caused by a cumbersome EA process.
• Waste management. With only 12 to 15 years of landfill capacity left, Ontario needs to take immediate action to supply an additional 16 landfills to keep up with demand. Private firms are ready to make necessary investments, but the Environmental Assessment Act (EAA) is limiting their ability to do so by adding excessive risks, delays, and costs to the process of landfill approvals– including expansion of previously approved landfills. According to stakeholders, enforcement of the EAA is creating billions of dollars of inefficiencies across the many industries it affects.

As it stands, Ontario’s existing EA process is hindering the prosperity of business from every sector and region across the province. It also adds a multitude of unnecessary costs for both business and government, establishing layers of burdensome red tape and approvals processes which limit our collective
economic development potential. This is of concern when seeking foreign investment in our province, as business will be deterred by an out-of-date EA process when
compared to that of other jurisdictions.

With respect to the discussion paper, the OCC is supportive of the proposed changes.
As our economy advances, so too must our regulatory environment. A modern regulatory regime that is flexible, simple, and easy to navigate will help ensure Ontario continues to be an attractive place for businesses to invest, grow, innovate, and create high-quality jobs.

Providing clarity and carrying out impact assessments throughout the process will inspire business confidence and investment—key drivers of Ontario’s economic prosperity."

While the comment period on these proposed changes is closed, the government says there will be consultations on any regulations developed as a result of the changes.