Municipal Class Environmental Assessment
Part A - Class EA Planning Process
A.3 CONSULTATION
A.3.4 TIMING OF CONTACT

 

A.3.4.1 Mandatory Points of Contact

 

Exhibit A.2, Flow Chart, identifies a number of mandatory contact points, i.e. two for Schedule B activities and three for Schedule C activities. Schedule A and A+ activities are pre-approved; Schedule A projects may proceed without formal contact with the public; while, Schedule A+ projects require that the public be advised (see Section A.1.2.2).

 

The contact points identified are a minimum in all cases. For controversial, lengthy or complicated projects however, it will likely be necessary to make additional formal contacts with the general public or to maintain on-going contact with individuals, groups or review agencies.

 

Proponents should tailor the consultation plan to reflect the needs of the project and the stakeholders.

 

First Mandatory Point of Contact:

 

By Phase 2 of the planning process, a proponent will have identified the problem or opportunity, identified and evaluated alternative solutions to the problem, and, made a general inventory of the natural social and economic environments in order to determine the possible impacts which each of the alternative solutions might have on the environment. The purpose of the first contact with the public and agencies is to review these issues with them and to allow them an opportunity to provide input to the identification of the problem or opportunity and alternative solutions, and to assist in the selection of a preferred solution.

 

This will allow the proponent to inform the public and agencies of the nature of the problem or opportunity, the need for the project, the planning and design details formulated to date, and the inventories of the natural, social and economic environments; and, would provide a forum to discuss potential impacts and local sensitivities. The opportunity should be taken to explain the Class EA planning process and to outline the rights of the public with respect to participation, including their roles and responsibilities and the right to request a Part II Order (See Section A.2.8).

 

The first mandatory contact with the public and review agencies therefore occurs towards the end of Phase 2 when a notice is issued inviting public comment and input (see Appendix 6, Sample Notice - Public Comment Invited).

 

In many instances, the proponent will already have identified which Schedule best fits the project. Review of the project with the public and agencies at this stage and the selection of the preferred solution, however, will allow the proponent to review and confirm a choice of Schedule at the conclusion of Phase 2. The nature and extent of public contact at this stage will, therefore, be common to both Schedule B and Schedule C projects.

 

Second Mandatory Point of Contact:

 

a)   For Schedule B projects, input from the public and agencies will have been received at the first point of contact in Phase 2 and the proponent would have continued the planning process. It is then necessary for the proponent to make a second mandatory contact with the public and review agencies to advise of the completion of the planning process. Notice of Completion is issued at this point (see Sample Notice, Appendix 6) and completes the screening requirements for Schedule B projects. The review period associated with the Notice of Completion is normally 30 calendar days. In special circumstances, the proponent may choose to set a longer period (for example, if public holidays intervene). In any event, the Notice of Completion shall clearly state the review period and the date by which submissions or requests for an order are to be received. This notice shall include advice to the public of their rights with regard to the provisions to request an order. If no request is received within the review period specified in the Notice, the proponent may proceed to design and construction of the project.

Effective consultation is key to successful environmental assessment planning.

b) For Schedule C projects, the proponent shall follow the more formal project development and planning process outlined in Phase 3. These activities will identify alternative designs, will evaluate the alternative designs, and will identify the possible impacts of the alternative designs on the environment. The second mandatory point of contact is therefore intended to review these alternatives with the public and agencies to assist in the selection of the preferred design for the chosen solution.

Municipal Class EA identifies minimum requirements only. Proponents must tailor these to address specific project needs.

It is anticipated that the project will be well developed at this stage and a preliminary recommendation or preferred design will probably have been identified. Although this should be conveyed to the public at this point of contact, it is important that the preliminary recommended design not be presented as a decision but as a preliminary preference following an evaluation of the alternatives and their impacts on the environment, based on available information. Public and agency input is necessary at this stage to assist the proponent by providing additional information, in reviewing the evaluation and in arriving at the most appropriate decision.

 

This is, therefore, an important contact point for most Schedule C projects. Assuming there are a number of interested and/or affected members of the public, this often involves the holding of public information centres, workshops or meetings etc. A notice in the form of Notice of Public Consultation Centre, or similar to suit local circumstances, shall therefore be issued at this point (see Sample Notice, Appendix 6).

 

Third Mandatory Point of Contact (Schedule C Projects Only):

 

Schedule C projects require the completion of an Environmental Study Report (ESR) which is intended to document the entire planning process undertaken through Phases 1, 2 and 3. (See Section A.4.2 for details of the preparation of the ESR).

 

A third mandatory point of contact occurs when the ESR is placed on the public record for a period of at least 30 calendar days. Normally 30 days will be adequate but the proponent may choose to set a longer period under special circumstances (e.g. if public holidays intervene; to accommodate pre-set Council meeting dates on which to review the ESR; or if a particularly detailed or lengthy ESR might not reasonably be reviewed by the public in 30 calendar days).

 

Main stakeholders:

  • public
  • review agencies
  • other municipalities

A contact at this point comprises the issue of a Notice of Completion of Environmental Study Report which will advise the public, particularly those who have expressed an interest and a desire to stay involved, where the ESR may be seen and reviewed and the manner in which public comment is to be received. This Notice shall advise the public and review agencies of their rights with regard to requesting an order (see Sample Notice, Appendix 6) and shall clearly state the review period and the date by which submissions and/or requests are to be received by the Minister.

 

A.3.4.2 Discretionary Points of Contact

Section A.3.4.1 describes the mandatory points of contact. These, however, are a minimum only. Discretionary points of contact may occur:

 

 

 

• During Phase 1 - To review and develop a clear problem statement:

For complex projects, many sectors of the community may be affected in different ways. The problem or opportunity as viewed by the proponent, may not be seen in the same way by the public or may be seen in different contexts. There may, therefore, be benefit in discussing the problem or opportunity with the public at an early stage to ensure, not only a better understood definition of the problem and/or opportunity, but also identification of the most appropriate alternative solutions. In this way, the mandatory public consultation in Phase 2 could be more meaningful.

Mandatory contact:

  • during Phase 2
  • during Phase 3
  • at completion of the study

 

 

• Between Phase 3 and Phase 4 - To review the preferred design prior to finalization of the ESR:

 

Following public consultation in Phase 3, a preferred design is selected and, in many cases, a great deal of work will ensue in developing the project in sufficient detail to complete the ESR. For a project which has generated controversy or public concern, the proponent may find it advantageous to undertake further public consultation, at least with those members of the public who have expressed concern and who have been involved in the planning process, prior to finalization of the ESR and placing it on the public record. This will allow an additional opportunity to resolve outstanding issues. It is preferable to modify a project at this stage, if appropriate, than to negotiate changes to the ESR in a confrontational atmosphere, under the possible threat of a request for a Part II Order.