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The EA Process
Generally, the EA process is a two-stage application to the Minister of
the Environment for approval of a proposed undertaking. The first stage
requires the proponent to prepare and submit a ToR to the ministry for
review and approval. Once approved by the Minister, the proponent can
proceed to the second stage and prepare an EA document.
The EA must be completed in accordance with the ToR and with the EAA.
Approval under the EAA is required prior to the proponent proceeding with
a proposed undertaking or receiving any subsequent approvals. The Minister
is required to take into consideration comments from government, affected
stakeholders and the public prior to making a decision on the EA.
Terms of Reference
The first step in the EA process is for the proponent to prepare and receive
approval for a ToR. The ToR is the work plan for how the EA will be prepared.
On September 15, 2004 the Minister approved the Citys ToR, which
identified how the City was to, among other things, assess alternatives
and their environmental effects and consult with the public during the
development of the EA. The City of Ottawas ToR document may be viewed
at Stage 1: Terms of Reference, available at .
Environmental Assessment
On September 9, 2005, the City submitted its EA to the MoE for review
and approval. The public and government review period of the EA ended
on October 28, 2005. During this review period, the EA was reviewed by
a Government Review Team (GRT), which included federal, provincial and
municipal agencies. The role of the GRT is to ensure that the data and
the conclusions in the EA are valid, based on their agencies mandates.
The public and First Nations also had the opportunity to review the EA
concurrently and submit comments to the Ministry.
The Review
The MOE is required by the EAA to complete a Ministry Review of the EA.
The purpose of this Review is to determine whether or not the EA was prepared
in accordance with the commitments outlined in the ToR and whether or
not the EA contains sufficient information about the anticipated environmental
effects to allow for a decision to be made by the Minister of the EA.
The Review assists the Minister in making a decision regarding the EA
and the proposed undertaking.
A Notice of Completion of Review, dated December 30, 2005 was recently
made public by the MoE. The Review is currently available for a five-week
public comment period. During this period, members of the public and the
GRT can make comments on the MoEs conclusions, and can request that
the Minister refer the EA to the Environmental Review Tribunal for a hearing
if they believe that their concerns have not been addressed. The Ministers
decision will be made following the public review period, on February
6, 2006. The decision will be made by the Minister, Laurel Broten, and
is subject to the approval of the Lieutenant Governor in Council.
Next Steps
A five week public inspection period is currently underway. During this
time, all interested parties can make submissions about the proposed undertaking,
the EA and/or the Review. A Public Notice was published in the Ottawa
Citizen and le Droit indicating that the Review was completed and available
for viewing from December 31, 2005 to February 6, 2006. Copies of the
Review have been placed in the same locations where the EA was made available.
Neither are available on the Internet. Blossom Park Public Library is
our closest location.
At the end of the five week review period, MOE staff will make a recommendation
to the Minister concerning whether the Citys EA meets the requirements
of the ToR and the EAA. The Review contributes to a number of documents
that the Minister of the Environment (Laurel Broten) must consider when
making a decision about the proposed North-South Corridor LRT Project
EA. The Minister must also consider the purpose of the EAA, the public
comments submitted during the review periods, and other matters the Minister
may consider relevant.
The Minister will make one of the following decisions:
- Give approval to proceed with the undertaking;
- Give approval to proceed with the undertaking
subject to conditions;
- Refuse to give approval to proceed with
the undertaking;
- Refer either a part of or the entire EA
to mediation; or
- Refer either a part of or the entire EA
to the Environmental Review Tribunal for a decision.
For the status of the North-South LRT project
currently with the Ministry of the Environment, please click on the following
link: http://www.ene.gov.on.ca/envision/env_reg/ea/english/EAs/ottawa_lrt.htm
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