Planning & Development

Transportation Planning

Municipal Class Environmental Assessment Process

1. What is a Municipal Class Environmental Assessment?

The planning and design of municipal infrastructure projects must meet the requirements of the Environmental Assessment Act, which is a provincially legislated document that governs all public undertakings that have the potential to affect the environment. The Environmental Assessment Act essentially defines a planning and design process that proponents of projects must follow to ensure that all environmental impacts are considered, and any effects appropriately mitigated, before their project is implemented.

Many projects related to municipal water supply, sanitary sewerage and transportation systems are similar in nature, are carried out routinely, and have predictable and mitigable environmental effects.  In order to facilitate the undertaking of such routine municipal projects, the Municipal Engineers Association (MEA) has defined a simplified planning and design process known as a “Municipal Class Environmental Assessment”.

In general, the Municipal Class Environmental Assessment (Class EA) process categorizes proposed municipal projects according to their anticipated environmental impact, and calls for increasingly stringent review requirements as the magnitude of the anticipated environmental impact increases.

2. How are projects categorized under the Municipal Class Environmental Assessment process?

Under the Municipal Class EA process, proposed projects are categorized under various “Schedules” as follows:

Schedule ‘A’- includes normal or emergency operational and maintenance activities in which the anticipated environmental effects are minimal, and does not require public consultation. These projects are limited in scale and are anticipated to have minimal environmental impacts. These projects are pre-approved. Schedule ‘A’ projects are only required to proceed through Phases 1 and 5 of the Municipal Class EA process.

Schedule ‘B’ – includes improvements and minor expansion to existing facilities such as increasing the depth of a municipal well, retiring a water pollution control plant, or constructing a minor expansion to a road. There is a potential for some adverse environmental impacts and, therefore, the proponent is required to proceed through a screening process, including consultation with those affected. Schedule ‘B’ projects are required to proceed through Phases 1, 2 and 5 of the Municipal Class EA process.

Schedule ‘C’- includes the construction of new facilities and major expansion of existing facilities such as constructing a new water treatment plant, expanding an existing water pollution control plant beyond its rated capacity or significantly widening an existing road. These projects proceed through the full five phase environmental assessment planning process outlined in the Municipal Class EA document.

3. What are the phases of a Municipal Class Environmental Assessment?

The Municipal Class EA process is comprised of five general phases, some of which may not be required, depending on the project Schedule. The principle tasks in each phase are summarized as follows:

Phase 1: Identify the problem, deficiency or opportunity, and develop a clear statement of the issues that are to be addressed

Phase 2: Identify reasonable alternative solutions that could be implemented to address the issues. Establish the preferred solution based on an assessment of the environmental impacts, technical factors, and stakeholder input.

Phase 3: Inventory natural social/cultural and economic environments.  Identify alternative methods of implementing the preferred solution. Establish the preferred method based on an assessment of the environmental impacts, technical factors and stakeholder input.

Phase 4: Compile all relevant study information, including study rational, environmental considerations, consultation process and recommendations, into a clear and easily understood report.

Phase 5: Implement the preferred solution, including completion of contract drawings and documents and construction of recommended works. Monitor implementation for adherence to environmental provisions and commitments, and where required, monitor the operation of completed facilities.

4. How does the public get involved in a Municipal Class Environmental Assessment?

The Municipal Class EA process identifies a number of mandatory points of contact between the proponent of a project and potentially affected or interested stakeholders, including members of the general public, interest groups, regulatory review agencies and other municipalities.  The methods employed to contact the public will vary from community to community, and will depend on the nature of the project and on the potential environmental effects.  The public may be notified by the placement of notices in newspapers, mailing of notices directly to affected persons, posting of notices or the announcement of a project through the media.

5. Can the public appeal the final recommendations of a Municipal Class Environmental Assessment?

Occasionally, a project may be planned under the Municipal Class EA process, where members of the general public, interest groups, regulatory review agencies or other municipalities do not believe that their concerns have been adequately addressed.  Under the Municipal Class EA process, the opportunity exists for a person or party with unresolved concerns at the conclusion of the planning process to request that the Ontario Minister of the Environment review the status of the project.  For projects categorized as Schedule ‘B' under the Municipal Class EA process, a person or party with a concern should bring it to the attention of the proponent during Phase 2 of the Municipal Class EA process. Similarly, for Schedule ‘C’ projects a concern should be brought to the attention of the proponent at any point from Phase 2 through Phase 4 of the Municipal Class EA process.  For both Schedule ‘B’ and ‘C’ projects a written request to the Minister must be submitted within 30 calendar days of the first date of publication of the Notice of Study Completion.

The Minister will consider the request and make one of the following decisions, with the Minister’s decision being final:
- Deny the request, stating the reason for the decision;
- Deny the request with conditions, such as requiring that the proponent prepare an annual report on the environmental impact of the project;
- Refer the matter to mediation, whereby one or more appointed persons will endeavour to resolve the concern; or
- Issue what is referred to as a “Part II Order,” which requires that the proponent comply with Part II of the Environmental Assessment Act and undertake the planning and design as an “Individual Environmental Assessment.”