Municipal Class Environmental Assessment

D.1 INTRODUCTION AND BACKGROUND

D.1.1 IMPLEMENTATION AND TRANSITION PROVISIONS

Transit projects are subject to the requirements of the Municipal Class EA as of the date of approval of the Transit Amendment.  In discussion with the Ministry of the Environment, the following phase-in, or transitional provisions, were identified for transit projects underway as of the date of approval of the Transit Amendment:

D.1.1.1 Individual Environmental Assessments

For Individual Environmental Assessment studies underway upon the coming into effect of Part D of the Municipal Class EA, the following Transition Provisions apply:

However, in order to do so the proponent must give written notice to the Director of the Ministry’s Environmental Assessment and Approvals Branch within 60 days from approval of the Transit Amendment of their intention to proceed in accordance with the requirements of the Municipal Class EA.

If the proponent does not give the Director the requisite notice within 60 days from approval of the Transit Amendment, the proponent may only proceed with their application in accordance with Part II of the Environmental Assessment Act.

• For projects where the Terms of Reference have been submitted: If the proponent of an undertaking described in the Municipal Class EA, Part D – Municipal Transit Projects submitted a proposed Terms of Reference or Environmental Assessment in respect of that undertaking to the Ministry of the Environment before the date of approval of the Transit Amendment, the proponent may elect to proceed in accordance with the requirements of the Municipal Class EA rather than continuing with their application under Part II of the Ontario Environmental Assessment Act. This applies regardless of whether or not the Terms of Reference were approved by the Minister.

D.1.1.2 Transit Projects Exempt Under Ontario Regulation 334

Transit projects underway upon the coming into effect of Part D of the Municipal Class EA that were undertaken as per the conditions of Ontario Regulation 334 may continue to completion under Regulation 334.