A.3.5.1 Development of a Public Consultation Plan

At the outset of the study, a proponent shall develop a public consultation plan to address the following while taking into consideration the minimum mandatory requirements and objectives of effective consultation:

• potential stakeholders and special requirements.
• level of consultation.
• appropriate means of contact.
• general timing of contact.
• A consultation plan is not necessarily a formal document. Rather, it is a proposed approach or methodology which is determined early in the study and which may be documented, for example, in a study design, minutes, memo to file or a report.

This section provides some basic information and mandatory notice requirements while supplementary information and sample notices are provided in Appendices 5 and 6 respectively.

A.3.5.2 Methods of Public Contact

There are a number of ways in which the public may be involved in the project. It is the proponent’s responsibility to determine the most suitable and effective means of involving the public. It is recognized that methods vary from community to community and with the nature of the project and potential environmental effects.

The proponent must decide which method of contact will best provide the public with sufficient information to provide input and reasonably address issues and concerns. What is suitable for a large controversial project in a populous urban location would be inappropriate in a small rural community undertaking a small straight forward project.

Appendix 5 outlines a number of methods for contacting and consulting with the public. A consultation plan will likely include one or more or a combination of these methods.

A.3.5.3 Public Notices

Each of the points of contact with the public shall be advertised by means of published Notices to the public. In some cases, the notice itself may constitute contact with the public and no further dialogue may be necessary other than to invite input. For larger projects, however, a public notice will give details about information centres or workshops, availability of information for review, or some other means of contact between the proponent and the public.

For the purposes of this Class EA, a published notice shall mean a notice published in a local newspaper having general circulation in the area of the project. Two (2) published notices shall mean two (2) notices appearing in separate issues of the same newspaper. Where no such newspaper exists, the proponent shall be responsible for determining the equivalent local means of achieving the same objective of adequate notification to the general public. In cases where a municipality has elected to establish a procedure for notifying the public regarding similar projects under other applicable provincial legislation, the proponent may use that procedure to fulfill their requirements for “published notice”.

Proponents are encouraged to establish a procedure to coordinate the public notices for Schedule B and C projects with other municipal notice procedures. For example, notices for Schedule B and C projects, which are associated with a Planning Act application, should be coordinated with the notice required by the Planning Act. Municipalities should establish notice procedures for other Schedule B and C projects in a similar fashion to the notice procedures which they have adopted as required by the Municipal Act.

The format for notices may vary from municipality to municipality, but the following points shall be considered as minimum mandatory requirements:

Contents:

• name and address of the proponent. 
• a brief description of the project which outlines the nature of the problem or opportunity and the need for a solution.
• reference to the project following the requirements of the Municipal Class Environmental Assessment. 
• details of when and where information, (e.g. ESR) is available to the public.
• name or title of a contact person to whom comment should be directed.
• in the case of Notices of Completion for both Schedule B and C projects:

Discretionary Contact:

• during Phase 1
• between Phases 3 and 4

i) date by which comment/input is to be received by the proponent;

ii) advice of the public’s right with regard to the provisions to request a Part II Order, with date by which the request must be received by the Minister and the address of the Minister.

First mandatory point of contact:

• Schedule B and C projects - two (2) published notices. In addition, where appropriate, notices mailed, delivered or posted to all properties abutting the project and to all persons who might reasonably have an interest in the project.

Where possible, and in larger projects, the proponent should notify and solicit input from the public in ways other than newspaper advertisements alone.

Second mandatory point of contact:

• Schedule B projects - two (2) published Notices of Completion. 
• Schedule C projects - two (2) published Notices.

Develop a public consultation plan early in the study.

Third mandatory point of contact:

• Schedule C projects - two (2) published Notices of Completion of Environmental Study Report 

For both the Second and the Third mandatory points of contact, the proponent shall also mail or deliver copies of the notices to all who had expressed interest in the project. For this purpose the proponent shall maintain throughout the Class EA planning process, a list of all persons who provide comment and input to the process or otherwise express an interest in the project.

Sample Notices for Schedule B and Schedule C projects and for each point of public contact are included at Appendix 6. The Notices describe hypothetical projects in a hypothetical municipality and are intended only as a guide.

The proponent should endeavour in its notices and other material presented to the public to use plain, simple language which can be readily understood by the lay person.

A.3.5.4 Information About the Municipal Class EA

The proponent should recognize that many members of the public may not be familiar with environmental assessment legislation or, more particularly, with the requirements of the planning process set out in the Municipal Class EA. Opportunities should, therefore, be provided by the proponent to explain the requirements as fully as possible to those seeking information or clarification. The proponent should consider making copies of the MOE’s most current consultation guide and the Municipal Class EA available to the public at convenient locations.

A sample public handout is provided in Appendix 5 which includes basic information about the Municipal Class EA process.  This can be customized to a specific project.