Class EA and Consultation Act Planning Considerations

 

Note: This chart highlights existing key notice and consultation information – users are responsible for all statutory and regulatory requirements.

MUNICIPAL CLASS EA

PLANNING ACT

Mandatory Notice/Consultation Requirements

Mandatory public consultation is required at key decision points during the EA process

The method of consultation discretionary  (e.g., Open House, Public Meeting)

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 issue of the same newspaper.

Minimum of one statutory public meeting is required.  Refer to the

  • Planning Act (see sections 17, 22, 28 or 51 for relevant instrument type), and
  • O.Reg. 543/06 (official plan/plan amendments and community improvement plans), or
  • O.Reg. 544/06 (plan of subdivision/condominium)

 

Official plan/plan amendments, community improvement plans

Earliest day to hold a public meeting − 20 days after the requirements for giving notice are met

Plan of Subdivision/Condominium

Latest time to hold a public meeting − 14 days before a decision is made

Distribution of Notices

Mandatory notification to the general public by:

  • newspaper (2 publications), and
  • those who have expressed interest by direct mail

For First Nations: Contact the Ministry of the Environment, the Ministry of Aboriginal Affairs and the Department of Indian and Northern Affairs Canada for direction on how to identify First Nations that may have an interest in the proposed project.

Notice requirements are dependent upon type of planning instrument. 

Planning Act requirements for official plans/plan amendments, community improvement plans (O.Reg. 543/06) and plans of subdivision/condominium (O.Reg. 544/06) include:

  • forms of notice – (1) personal service or ordinary mail and by posting notice on a property or (2) by publishing a notice in a newspaper)
  • recipients of the notice to prescribed persons and public bodies, including First Nations and geographic areas for the distribution of notices

Notice to the relevant regional Municipal Services Office of the Ministry of Municipal Affairs and Housing

Content of Notice of Public Meeting / Notice of Completion

Schedule B and C Projects

  • Name and address of the municipal proponent
  • 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 EA
  • 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
  • date by which comment/input is to be received by the proponent.

*if using the integrated approach an appeal of the Planning Act application and related infrastructure can be made to the OMB.  A request for a Part II Order may also be made to the Minister of the Environment or delegate.

Notice content for official plans/plan amendments and community improvement plans are set  out in the Planning Act and O.Reg. 543/06 for:

  • notices that exclude notices posted on a property (personal service, ordinary mail and newspaper)
  • notices that are posted on a property

 

Notice content for plans of subdivision/condominiums (Planning Act and O.Reg. 544/06), including details relating to:

  • notices that exclude notices posted on a property (personal service, ordinary mail and newspaper)
  • notices that are posted on a property

 

 

Availability of Documentation for Public Review

 (using an integrated approach, public review requirements must be met  for both planning and class EA matters)

Minimum 30-day pubic review of Class EA documentation

Official plans/plan amendments and community improvement plans

a minimum 20-day public review of related information and material prior to a public meeting

In the case of a privately-initiated official plan amendment, supporting information and materials must be made available to the public within 15 days of application being determined to be complete.

Plans of subdivision/condominiums

Within 15 days of advising an applicant that its application is determined complete, notice of a complete application is given and the supporting information and materials must be made available to the public.  In giving notice of a public meeting a municipality must advise where and when additional information and material regarding the proposed plan of subdivision will be available to the public.

 

Notice of Completion / Notice of Adoption / Notice of Approval

Individual Recipients:

  • Appropriate review agencies

Those who provide a written request for notice

MUNICIPALITY EXEMPT FROM APPROVAL

Official plans/plan amendments and community improvement plans –

Written notice of adoption must be provided no later than 15 days after the day a plan adopted.  Notice requirements are contained in the Planning Act and O.R. 543/06 for the

  • content of the notice, including who may appeal to the OMB, who may be added as a party to the hearing of the appeal and the last day for the filing of a notice of appeal
  • recipients of the notice

MUNICIPALITY NOT EXEMPT FROM APPROVAL

Official plans/plan amendments (excluding community improvement plans) – Written notice of adoption must be provided no later than 15 days after the day a plan adopted.  Notice requirements are contained in the Planning Act and O.Reg. 543/06 for the

  • content of the notice
  • recipients of the notice

Materials are then forwarded to the approval authority who gives written notice of its decision.  Notice requirements are contained the Planning Act and O.Reg. 543/06 

  • content of the notice,  including who may appeal to the OMB and who may be added as a party to the hearing of the appeal
  • recipients of the notice

Plans of subdivision/condominium: when the approval authority makes a decision, written notice of the decision must be provided with 15 days.  Notice requirements are contained in the Planning Act and O.Reg. 544/06 for the

  • content of the notice, including who may appeal to the OMB and who may be added as a party to the hearing of the appeal recipients of the notice
  • recipients of the notice

Appeal to the OMB / Part II Order 

  • Members of the public, interest groups and review agencies may request the Minister of the Environment or delegate to require a proponent to comply with Part II of the EA Act (which addresses individual EAs), before proceeding with a proposed undertaking.  
  • Written requests for a Part II Order must be submitted to the Minister of the Environment or delegate within the 30 calendar day review period after the Notice of Completion is issued.

 

MUNICIPALITIES EXEMPT FROM APPROVAL

Official plans/plan amendments and community improvement plans: not later than 20 days after the day that the giving of notice is completed, all or part of the decision of council to adopt all or part of the plan may be appealed to the OMB by filing a notice of appeal with the clerk of the municipality

MUNICIPALITIES NOT EXEMPT FROM APPROVAL:

Official plans/plan amendments (excluding community improvement plans): not later than 20 days after the day that the giving of the notice of decision is completed, all or part of the decision of the approval authority may be appealed to the OMB by filing a notice of appeal with the approval authority **

Plans of Subdivision/Condominium: not later than 20 days after the day that the giving of notice is completed, the decision, the lapsing provision or any of the conditions may be appealed to the OMB, by filing a notice of appeal with the approval authority **

**Where a municipality does not make the decision (i.e., not exempt from approval), it must forward its documentation to the approval authority - the upper tier or the province. Upon the giving of a notice of decision by the approval authority, the 20-day appeal period starts.

 

 

Note: The Planning Act and regulations provide for notice requirements, depending on the application type. The following sample is intended only as a guide for municipalities providing a Notice of a Public Meeting for an Official Plan Amendment in the context of an integrated approach. It is the responsibility of the municipality to fulfill the requirements of both the Planning Act and the Environmental Assessment Act.

 

SAMPLE – NOTICE OF PUBLIC MEETING

(other than a Notice given by posting)

 

Notice of Public Meeting for a Proposed Official Plan Amendment

Notice of Completion of Class Environmental Assessment

 

 

 

 

 

Key Map

Of Subject Land
A public meeting to receive input on the following application will be held on:

           

File Name:                  

            File No.:          

Date:

            Time:

            Place:

 

A request has been made by [name] to amend the Official Plan of [name of municipality] for lands known as [description]. The subject land has a frontage of [length] on [street name] and has an area of approximately [size].

 

The Applicant (and name of the municipality if co-proponent) are also planning for certain infrastructure needed for the proposed development. This process is being conducted using the integrated approach in accordance with Section A.2.9 of the Municipal Engineers Association’s (MEA) Municipal Class Environmental Assessment (EA) for meeting the requirements of the Environmental Assessment Act and for approval under the Planning Act. 

[Where infrastructure work is proposed outside of the Planning Act application boundaries, add:]

 

 

Map

Of All Infrastructure Work Proposed to Support the Project
Elements of the infrastructure work identified above are proposed beyond the boundaries of this official plan amendment, but is needed to serve the project. The lands affected are shown on the attached map and the elements include:
  • [list of infrastructure work]

The requested Official Plan Amendment would amend the Official Plan of [name of municipality] in order to [insert official plan amendment details. including information related to the proposed infrastructure that is part of this integrated approach]. 

A copy of the proposed Official Plan Amendment and supporting information and material, along with documentation associated with this MEA Municipal Class EA project are available for inspection between [time] and [time] at the [municipal department] at [address(es)].

ANY PERSON may attend the public meeting to provide comments on the proposed Official Plan Amendment and the infrastructure project(s), including the MEA Class EA documentation, being undertaken in support of the amendment. 

Comments may also be mailed to the [name of municipality] at the address above, faxed to [fax number] or e-mailed to [e-mail address] prior to the public meeting [quote file name and number].  If you are aware of any other individuals or landowners who may be interested in this matter, please advise them of the public meeting.  A copy of the staff report and the MEA Class EA documentation supporting the Planning Act application will be available from the [specify contact] on [specify date and time].

If significant concerns regarding the MEA Class EA aspects of this project cannot be resolved in discussion with the Applicant (and name of the municipality if co-proponent), section 2.8.1. of the MEA Class EA should be consulted.

IF A PERSON or public body does not make oral submissions at the public meeting or make written submissions to [name of municipality] before the proposed Official Plan Amendment is adopted, the person or public body is not entitled to appeal the decision of the Council of [name of municipality] to the Ontario Municipal Board.

IF A PERSON or public body does not make oral submissions at the public meeting or make written submissions to [name of municipality] before the proposed Official Plan Amendment is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party.

IF YOU WISH to be notified of the adoption of the proposed Official Plan Amendment, or of the refusal of a request to amend the Official Plan, you must make a written request to [name and address of municipality].

[In cases where there are other applications, add:]

The subject land is subject to an application under the Planning Act for a [type of application] which is being processed under file number xxxxx-xx.

Contact Information:

Name:                                                              Municipal

Telephone:                                                       Address

Fax:

E-Mail:

DATED this             day of                                   , 20XX.