EA Codes of Practice
| In 2008, the ECO undertook an analysis of emerging challenges facing the Environmental Assessment Act. The following articles are included: | |
In response to numerous requests from the public and proponents, as well as recommendations by the EA Advisory Panel (made in 2005), MOE committed to developing guidance material on six components of the EA process:
- the preparation and review of terms of reference for individual EAs;
- the public consultation process;
- mediation practices for dispute resolution;
- the preparation and review of individual EAs;
- the preparation, review and processing of class EAs; and
- the coordination of EAs for projects subject to both federal and provincial assessment under the Canada-Ontario Agreement on EA Cooperation.
As of June 2008, approved guidance is available for four aspects and draft guidance is available
for the other two aspects of the EA process. For the ECO’s reviews of the four approved Codes, see
Sections 4.15 and 4.15 of the Supplement to this Annual Report.
Code of Practice: Preparing and Reviewing Terms of Reference for EAs in Ontario: This Code
(Registry Policy Decision # PA06E0009, June 20, 2007) outlines:
- the roles and responsibilities of the government, proponent and other participants;
- the mandatory elements of a ToR prepared for a project undergoing an individual EA;
- and the government’s review of the ToR.
Code of Practice: Consultation in Ontario’s EA Process: This Code (Registry Policy Decision # PA06E0009, June 20, 2007) applies to consultation on the terms of reference (ToR) and environmental assessments prepared for projects undergoing individual EAs, and to documentation prepared for projects undergoing class EAs or environmental screenings. In this Code, MOE outlines the roles and responsibilities of government, the proponent and other participants, as well as notification requirements, and elements of a successful consultation plan.
Code of Practice: Using Mediation in Ontario’s EA Process This Code (Registry Policy Decision # PA06E0009, June 20, 2007) outlines how mediation may be used to resolve disputes that arise during the EA process. It covers:
- when mediation is appropriate; the types of mediation that are available;
- good mediation practices;
- and the roles and responsibilities of the government, mediator, proponents and the other participants.
Draft Code of Practice: Preparing and Reviewing EAs in Ontario: This draft Code (Registry Policy Proposal # 010-1259, August 17, 2007) sets out MOE’s expectations for the content of an individual EA, and the roles and responsibilities of the government, proponent and other participants.
Draft Code of Practice: Preparing, Reviewing and Using Class EAs in Ontario: This draft Code (Registry Policy Proposal # 010-1259, Agust 17, 2007) sets out:
- MOE’s expectations for the content of a “parent” class EA;
- the roles and responsibilities of the government, proponent and other participants;
- and a description of how to navigate the class EA process for a particular project.
Federal/Provincial EA Coordination: A Guide for Proponents and the Public: This Guide (Registry Policy Decision # PA06E0008, June 20, 2007) supports the Canada-Ontario Agreement on Environmental Assessment Cooperation, signed in 2004, under which the governments agreed to work together on EA projects that are subject to both the federal EA requirements in the Canadian Environmental Assessment Act and the provincial EA requirements in the Environmental Assessment Act. The governments agreed to adopt measures that will allow proponents to draft one set of documentation (on which both governments would base their approvals) and to prepare one consultation plan. The governments also agreed to impose the same or similar timelines for project deadlines and approvals. The Guide outlines the roles and responsibilities of the federal and provincial governments, and an approach to coordinating the preparation of documentation and public consultation.
| This is an article from the 2007/08 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article:
Environmental Commissioner of Ontario. 2008. "EA Codes of Pratice." Getting to K(No)w, ECO Annual Report, 2007-08. Toronto, ON : Environmental Commissioner of Ontario. 36.
