ENVIRONMENTAL ASSESSMENT IN ONTARIO

The Environment Assessment Act (EAA) provides for the betterment of the people of Ontario through the protection, conservation and wise management of the environment. It applies to activities or projects of public bodies, and major commercial or business undertaking of non-public entities, if designated by regulation.

The key features of the Environmental Assessment Act are:

  • Providing a definition of the environment
  • Terms of reference
  • Mandatory public consultation
  • Referral to mediation
  • Formal recognition of class environmental assessments
  • Deficiency statements
  • Harmonization
  • Focused Environmental Assessment hearings
  • Deadlines regulation

The EAA applies to public sector proponents proposing to carry out large scale infrastructure projects and does not apply to most private sector proponents, unless designated by legislation. Public sector proponents include:

  • Provincial ministries and agencies such as the Ministry of Natural Resources, Ontario Realty Corporation
  • Municipalities such as regional municipalities, counties, cities, towns
  • Public bodies, defined by regulation, such as Conservation Authorities, Metrolinx

Projects that can be proposed by the public sector may include public roads, transit facilities, waste management facilities, water and wastewater works and flood protection works.

The Environmental Assessment Act prohibits the public sector from proceeding with or implementing an undertaking and obtaining approvals under other legislation without obtaining EAA approval first. The EAA also makes it mandatory that consultation with all parties, who maybe interested in the proposed project, must be done throughout the full process of the project.

The main Acts affecting Environmental Assessment in Ontario are:

Conservation Land Act, R.S.O. 1990, c. C.28
The Act allows for the assignment of privately owned land, namely wetland and “areas of natural and scientific interest,” to be designated as conservation land. Designated conservation land, through i...
Crown Forest Sustainability Act, 1994, S.O. 1994, c. 25
In Ontario, there are more than 70 million hectares of forested land; 90 percent of this area, referred to as “Crown forest” is owned by the Province. About 26 million hectares of Crown forest is mana...
Environmental Assessment Act, R.S.O. 1990, c. E.18
Relevant Regulations under the Act:Regulation 334 R.R.O. 1990 - GeneralO. Reg. 231/08 – Transit ProjectsO. Reg. 101/07 – Waste Management ProjectsO. Reg. 101/07 – Waste Management ProjectsO. Reg. 116/...
Environmental Review Tribunal Act, 2000
The Act serves to amalgamate the Environmental Assessment Board and the Environmental Appeal Board.  The Tribunal is composed of not fewer than five persons appointed by the Lieutenant Governor i...
Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41
Administered by the Ministry of Natural Resources, the Act governs the lawful hunting and trapping of wildlife (mammals, birds, reptiles, and amphibians) and fish in the province of Ontario and, ultim...
Greenbelt Act, 2005, S.O. 2005, c. 1
Regulations under this Act: O. Reg. 59/05 Designation of greenbelt areaO. Reg. 348/07 Hearings conducted by a hearing officerO. Reg. 61/05 Prescribed applications, matters, proceedings and policies f...
Lakes and Rivers Improvement Act, R.S.O. 1990, c. L.3
Regulations under this Act: O. Reg. 454/96 Construction The Act was established to provide for the management, protection, preservation and use of the waters of the lakes and rivers of the Province ...
Mining Act, R.S.O. 1990, c. M.14
The purpose of the Act is twofold: (a) to encourage prospecting, staking and exploration for the development of mineral resources, and (b) to minimize the impact of these activities on public health a...
Municipal Act, 2001, S.O. 2001, c. 25
Regulations under this Act: R.R.O. 1990, Reg. 808 Designation of facilities under developmental services act The Act is the major source of general municipal authority within the Province. The power...
Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Regulations under this Act: R.R.O. 1990, Reg. 826 Designation of area of development controlR.R.O. 1990, Reg. 827 Designation of planning areaR.R.O. 1990, Reg. 828 Development within the development ...
Oak Ridges Moraine Conservation Act, 2001, S.O. 2001, c. 31
Regulations under this Act: O. Reg. 1/02 Designation of the Oak Ridges Moraine areaO. Reg. 369/06 Hearings conducted by a hearing officerO. Reg. 141/02 Municipalities that are required to prepare and...
Ontario Heritage Act, R.S.O. 1990, c. O.18
Regulations under this Act: O. Reg. 9/06 Criteria for determining cultural heritage value or interestR.R.O. 1990, Reg. 880 Historical sites The purpose of the Act is to give municipalities and the p...
Ontario Planning and Development Act, 1994, S.O. 1994, c. 23, Sched. A
The Ontario Planning and Development Act (OPDA) details the objectives of the Ministry of Municipal Affairs and Housing and the steps required during the approval process of a development plan. Simila...
Ontario Water Resources Act, R.S.O. 1990, c. O.40
The objective of the Act is to provide for the conservation, protection and management of Ontario’s waters and for their efficient and sustainable use, in order to promote Ontario’s long-term environm...
Pesticides Act, R.S.O. 1990, c. P.11
Regulations under this Act: O. Reg. 63/09 GeneralO. Reg. 228/07 Service of documents The Act outlines laws regulating the extermination of pests and licensing of individuals in the extermination ind...
Places to Grow Act, 2005, S.O. 2005, c. 13
Regulations under this Act: O. Reg. 416/05 Growth plan areasO. Reg. 311/06 Transitional matters-growth plan for the greater golden horseshoe The preamble to the Act states: The Government of Onta...
Planning Act, R.S.O. 1990, c. P.13
Regulations under the Act: O. Reg. 384/94 – Apartments in Houses O. Reg. 353/02 – Approval Authority – Plans of Subdivision O. Reg. 221/07 – Community Improvement Plans – Prescribed Upper-Tier Muni...
Provincial Parks and Conservation Reserves Act, 2006, S.O. 2006, c. 12
Regulations under this Act: O. Reg. 319/07 Conservation reserves: General provisionsO. Reg. 316/07 Designation and classification of provincial parksO. Reg. 315/07 Designation of conservation reserve...
Public Lands Act, R.S.O. 1990, c. P.43
Regulations under this Act: O. Reg. 326/94 Crown land camping permitR.R.O. 1990, Reg. 973 Land use permits The Act defines the term “public lands” as those designated as Crown lands, school lands an...
Safe Drinking Water Act, S.O. 2002, CHAPTER 32
Regulations under the Act:O. Reg. 128/04  Certification of Drinking Water System Operators and Water Quality Analysts.O. Reg. 242/05  Compliance and EnforcementO. Reg. 172/03  Definitio...



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