MINISTRY OF TRANSPORTATION DRAFT - Ontario · MTO staff including, Chris Brown; Patricia DeCal; George Ivanoff; Kevin Ogilvie; Terri Rogers, Susan Wagter, and Jason White. ... Ministry

MINISTRY OF TRANSPORTATION

Class Environmental Assessment for Provincial

Transportation Facilities

Last Amended: DATE 2011

DRAFT

MINISTRY OF TRANSPORTATION

Class Environmental Assessment for Provincial Transportation Facilities

ENVIRONMENTAL POLICY OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHERINES, ONTARIO

L2R 7R4

Acknowledgements

Lead authors were Clark Gunter and Sandy Nairn (Ecoplans) and Theresa Olender and John Slobodzian (MTO).

This document was developed under the direction of the Class EA Review Team (CEART) team comprised of MTO staff including, Chris Brown; Patricia DeCal; George Ivanoff; Kevin Ogilvie; Terri Rogers, Susan Wagter, and Jason White.

Ce document hautement spécialisé n'est disponsible qu'en anglais en vertue du règlement 411/97, qui en exempte l'application de la Loi sur les services en français. Pour obtenir de l’aide en français, veuillez communiquer avec le ministère des Transports, Bureau des services en français au: 905-704-2045 ou 905-704-2046.

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CLASS ENVIRONMENTAL ASSESSMENT FOR PROVINCIAL TRANSPORTATION FACILITIES

Ministry of Transportation

TABLE OF CONTENTS

CHAPTERS

1 INTRODUCTION .............................................................................................................................. 1-1

2 PROVINCIAL TRANSPORTATION NEEDS ASSESSMENT .......................................................... 2-1

3 CLASSIFICATION OF PROJECTS AND ACTIVITIES ..................................................................... 3-1

4 MTO CLASS EA PRINCIPLES AND GENERAL PROCESS ............................................................ 4-1

5 MTO CLASS EA PROCESS FOR GROUP A PROJECTS .............................................................. 5-1

6 MTO CLASS EA PROCESS FOR GROUP B PROJECTS .............................................................. 6-1

7 MTO CLASS EA PROCESS FOR GROUP C PROJECTS .............................................................. 7-1

8 CONSULTATION ............................................................................................................................. 8-1

9 DOCUMENTATION .......................................................................................................................... 9-1

10 REVIEW AND CHANGE PROCESS FOR APPROVED PROJECTS............................................. 10-1

11 MONITORING AND REVIEW ........................................................................................................ 11-1

12 ADMINISTRATION OF THIS MTO CLASS EA .............................................................................. 12-1

APPENDICES

APPENDIX A: Examples of Environmental Effects and Typical Environmental Protection Measures

APPENDIX B: Typical Transportation Planning and Design Elements Used to Create Alternative Methods and

Related Environmental Protection Activities and Decisions

APPENDIX C: Typical Content of Public Notices

APPENDIX D: Use of the MTO Class EA to Amend Approved Individual Environmental Assessments

APPENDIX E: Process for Amending the MTO Class EA in 2011

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GLOSSARY

The definitions in this glossary are specific to the Ministry of Transportation’s work and provided for convenience only and should not be relied on as authoritative. Alternative definitions may occur in other documents from the Ministry of Transportation or external agencies. For terms related to legislation, it is recommended that the appropriate legislation be consulted.

Term or Acronym Definition or Meaning

Aboriginal Peoples The Constitution Act, 1982 specifies that Aboriginal peoples include Indian, Inuit and Métis peoples of Canada.

Advanced Traffic Management System

Part of an Intelligent Transportation System, it is the process of monitoring traffic and controlling the flow of traffic using a variety of detectors, cameras, and communication systems managed by a control centre.

ATMS Advanced Traffic Management System

Alignment The vertical and horizontal position of a road.

Alternative Methods Alternative methods of carrying out the proposed undertaking are different ways of doing the same activity. Alternative methods could include consideration of one or more of the following: alternative technologies; alternative methods of applying specific technologies; alternative sites for a proposed undertaking; alternative design methods; and, alternative methods of operating any facilities associated with a proposed undertaking.

Alternatives Both alternative methods and alternatives to a proposed undertaking.

Alternatives To the Undertaking

Alternatives to the proposed undertaking are functionally different ways of approaching and dealing with a problem or opportunity.

Amendment A change to the approved parent class environmental assessment document.

Analysis Area See Study Area

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Approved Project As the class environmental assessment process is a self-assessment process, section 5 of the Environmental Assessment Act (approval for an undertaking) does not apply to projects as long as they proceed in accordance with the approved parent class environmental assessment. As such, ―approved project‖ is used in the MTO Class EA to mean that a project has complied with and completed the class environmental assessment process for the applicable Group.

Bus bypass Shoulders

Highway shoulders that have been widened and strengthened so public transit buses can use them when roads are congested.

Bypass A form of realignment in which the route is intended to go around a particular feature or collection of features.

Class Environmental Assessment

A document that sets out a standardized planning process for those classes or groups of activities for which the applicant is responsible. Sometimes referred to as the ―parent‖ document. A class environmental assessment is approved under the Environmental Assessment Act and applies to projects that are carried out routinely and have predictable environmental effects that can be readily managed. Projects defined within a class environmental assessment require no further environmental approval under section 5 of the Environmental Assessment Act, conditional upon being planned according to the procedures set out in the document.

Class Environmental Assessment Process

The process established for projects under the Class Environmental Assessment.

Commitment Represents an assurance from a proponent that a certain course of action will be undertaken as documented in the Transportation Environmental Study Report.

Concerned person An external agencies and / or interested persons who raise a concern during the public review period.

Consortium A group of businesses or organizations allied to design and / or construct and / or maintain a project.

Consultation A two-way communication process to involve interested persons in the planning and implementation of a proposed undertaking, or in the context of class environmental assessments, in the determination of the planning process itself.

Corridor In transportation studies, a corridor is a defined area where a new or improved transportation facility might be located.

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DCR Design and Construction Report

Design Alternative A type of alternative method undertaken during the design stage.

Design and Construction Report

The report that may be prepared on Group A and B class environmental assessment project, after the completion of the Class EA process. It records how the commitments applicable to design that were made during the Class EA process assessment process were addressed during the detailed design stage or document non-significant changes to an approved project following a review.

Designation Formal identification of the right-of-way for a proposed highway, through the provisions of the Public Transportation and Highway Improvement Act. This route is registered in the appropriate land registry office, so that those wishing to purchase or develop property will be aware of the intended use.

Detail Design The final stage in MTO’s design process of a project in which the engineering and environmental components of preliminary design are refined and details concerning, for example, property, and drainage are prepared, and contract documents and drawings are produced.

Do Nothing Alternative

An alternative that is typically included in the evaluation of alternatives in the transportation needs assessment process that identifies the implications of doing nothing to address the problem or opportunity that has been identified.

EA Environmental Assessment

EA Act See Environmental Assessment Act

Emergency Response

Activities undertaken when emergency work is required.

Emergency Work The actions taken immediately after detection of a situation where there is an imminent risk to life, public safety, damage or loss of property (such as an accident, natural disaster [including beaver dam failure], catastrophic structural failure, or the detection of a pending failure [including containment, cleanup and disposal of material]).

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Environment The Environmental Assessment Act defines environment to mean: (a) Air, land or water; (b) Plant and animal life, including human life; (c) The social, economic and cultural conditions that influence the life of humans or a community; (d) Any building, structure, machine or other device or thing made by humans; (e) Any solid, liquid, gas, odour, heat, sound, vibration or radiation resulting directly or indirectly from human activities; or, (f) Any part or combination of the foregoing and the interrelationships between any two or more of them.

Environmental Assessment

Environmental assessment is a study, which assesses the potential environmental effects (positive and negative) of an individual proposal. Key components of an environmental assessment include consultation with external agencies and interested persons; consideration and evaluation of alternatives; and, the management of potential environmental effects.

Environmental Assessment Act

Ontario Environmental Assessment Act (as amended by S.O. 1996 c.27), RSO 1980 (and regulations thereto) is a provincial statute that sets out a planning and decision-making process to evaluate the potential environmental effects of a proposed undertaking.

Environmental Effect The effect that a proposed undertaking or its alternatives has or could potentially have on the environment, either positive or negative, direct or indirect, short- or long-term.

Environmental Factors

MTO uses environmental factors as a way of organizing environmental effect assessment during MTO Class EA projects. Environmental factors include the various features and functions of the broad environment (see definition) and include: fish and fish habitat, wetlands, woodlands and other vegetated areas, wildlife habitats and movements, groundwater, noise, land use, contaminated property and excess material management, built heritage and cultural heritage landscapes, archaeology, surface water, air and • Designated Areas.

Environmental Screening Document

The Environmental Screening Document(ESD) is prepared for Group C projects, as needed, to document the results of factor-specific environmental studies and consultation undertaken for the project.

Environmental Sensitivities

A term used to recognize that a Group C project may affect an environmental factor or factors in manner not addressed by standard environmental protection measures.

Environmental Protection Measures

The approaches (avoidance / prevention, control / mitigation, compensation / enhancement) used to eliminate, minimize or compensate for negative effects to the environment.

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Environmentally Sensitive Areas

Those areas identified by any agency or level of government which contain natural features, ecological functions or cultural, historical or visual amenities which are susceptible to disturbance from human activities and which warrant protection.

ESD Environmental Screening Document

External Agencies Include Federal departments and agencies, Provincial ministries and agencies, conservation authorities, municipalities, Crown corporations or other agencies other than MTO.

Factor-specific Studies

Are studies of the environment (see definition) undertaken during MTO Class EA process to identify environmental sensitivities, determine potential effects and anticipated protection measures, and determine the importance of any net environmental effects of alternatives in accordance with the direction and guidance provided in the MTO’s Environmental Standards and Practices documents.

Footprint The physical area occupied by a facility.

Freeway Freeways are controlled access median divided highway facilities with grade separated crossings and interchanges (i.e. QEW and 400 series).

Grade Separation A vertical separation between a road / road or road / rail crossing allowing one to surmount the other.

Group Project A project that falls under the Class EA.

High Occupancy Vehicle Lane

A roadway lane designated for use only by vehicles with a specified minimum number of occupants, usually two or three. High Occupancy Vehicle (HOV) lanes can also be opened to buses.

Highway Facilities Any facility associated with a provincial highway including patrol yards, truck inspection stations, winter maintenance facilities, rest areas, commuter parking lots, travel information centres and service centres. Can include projects and activities undertaken by Local Road Boards as defined under the Local Roads Board Act.

HOV lane High Occupancy Vehicle lane

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Individual Environmental Assessment

An environmental assessment for an undertaking to which the Environmental Assessment Act (provincial) applies and which requires formal review and approval under the Act.

Interchange The intersection between two roadways at different levels with structures and connecting ramps for traffic turning between them.

Interested Persons Individuals or organizations with an interest in a particular undertaking. Interested persons are not required to demonstrate that they will personally be affected by a particular undertaking. Interested persons are often called stakeholders.

Mediation A dispute resolution process in which a neutral third party (mediator) who is acceptable to all parties assists disputants in reaching a mutually acceptable agreement. The mediator has no authority to impose a settlement and participation in the process is voluntary.

Mitigation Measure A measure that is incorporated into a project to reduce, eliminate or ameliorate detrimental environmental effects.

MOE Ontario Ministry of the Environment

MTO Ministry of Transportation (Ontario)

MTO Class EA Class Environmental Assessment for Provincial Transportation Facilities

MTO Class EA Project

An MTO Class Environmental Assessment project is an undertaking that does not require any further approval under the Environmental Assessment Act if the planning process set out in the class environmental assessment document is followed and successfully completed.

MTO Environmental Standards and Practices

A comprehensive set of technical guidance documents, addressing all environmental disciplines including fisheries, and developed in partnership with DFO, OMNR, and others. The fisheries component, will compliment the Protocol by providing ―how to‖ guidance to MTO and it service providers.

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Net Environmental Effect

The estimated or actual environmental effect after application of environmental protection measures.

New Route New provincial; transportation facility created where no such facility existed previously within an identified corridor.

Part II Order Sometimes known as a ―bump-up,‖ a Part II Order is an order issued by the Minister of the Environment that makes a class environmental assessment project an undertaking that is subject to Part II of the Environmental Assessment Act.

PIC Public Information Centre

Planning The first part of the MTO’s planning and design process for Group A and B projects were the fundamentals of the project are determined or reviewed.

Preliminary Design The part of MTO’s planning and design process for Group A and B projects where the proponent refines the project from the fundamentals to a level of detail specific enough to determine that the design project is technically and economically feasible to construct and that it is feasible to secure environmental permits, approvals and authorizations.

Proponent A person, agency, group or organization that carries out or proposes to carry out an undertaking or is the owner or person having charge, management or control of an undertaking ( Environmental Assessment Act)

Provincial Transportation System

Provincial highways; provincial freeways; provincial transitways (separate transit facilities directly associated with a provincial highway); provincial ferryboats; private controlled access toll highways that are not part of the King's Highway; other transportation corridors which have strategic and economic importance to the province; and the service, maintenance and operations facilities to support the above.

Public Information Centre

Refers to one of the most commonly used methods of consulting interested persons on a MTO Class EA project. The proponent provides information and displays in an informal setting (typically community halls or other similar facilities) in the general vicinity of the project.

Publish For the purposes of this document, publish means to make a document available to the public.

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Realignment Replacement or upgrading of an existing highway on a new or revised alignment.

Roadbed The graded portion of a highway or road usually considered as the area between the intersections of top and side slopes upon which the base course, surface course, shoulders, and median are constructed.

Roadway That portion of a highway which is improved, designed or ordinarily used for vehicle travel, inclusive of the shoulder.

Route Alternatives Location alternatives within a provincial transportation corridor.

Route Planning The extensive planning of the placement of highway systems.

Statement of Environmental Values

Each of the ministries subject to the Environmental Bill of Rights has a Statement of Environmental Values (SEV). The SEV is the framework used by the ministry when it makes decisions that may affect the environment. Each ministry has its own SEV, reflecting the environmental issues and considerations specific to its own mandate. Like all SEV, the Ministry of Transportation’s is located on the Environmental Registry.

Study Area The study area is the broad area within which information is to be collected to ensure an understanding, and is defined for each environmental factor in the MTO’s Environmental Reference for Highway Design. When early in the Planning Stage, it is often referred to as the preliminary study area or the analysis area.

Traffic capacity In general, it is the maximum sustainable flow of traffic passing in a time period under favourable road and traffic conditions.

TESR Transportation Environmental Study Report

TESR Addendum This is a supplement to the TESR to document the key decision made and consultation undertaken by the proponent to support making significant changes to an approved Group A or B project.

Traffic Access The ability of users in vehicles to reach desired destinations.

Transitway A separate transit facility directly associated with a provincial highway. The transit right-of-way may be shared with a highway right-of-way.

http://www.ebr.gov.on.ca/ERS-WEB-External/content/sev.jsp?pageName=sevList&subPageName=10005

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Transportation Environmental Study Report

The report prepared for all Group A and B class environmental assessment projects which describes how the class environmental assessment project was planned to meet the requirements of the approved class environmental assessment.

Transportation Needs Assessment Process

The provincial transportation needs assessment process is a term given to the collection of different programs, studies, etc. that are part of the ongoing management and administration of the transportation system by the province.

Twinning The addition of one or more lanes to a highway facility where the new lanes are on their own alignment separated from the existing lanes by a median and substantially following the existing right-of-way.

Undertaking An enterprise, activity or a proposal, plan, or program that a proponent initiates or proposes to initiate - see Class Environmental Assessment Project (Environmental Assessment Act).

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1 INTRODUCTION

TABLE OF CONTENTS

1.1 INTRODUCTION .............................................................................................................................................. 1-2

1.2 BACKGROUND TO CLASS ENVIRONMENTAL ASSESSMENTS ................................................................... 1-2

1.3 THE MTO CLASS ENVIRONMENTAL ASSESSMENT (EA) ............................................................................. 1-3

1.3.1 History of this version of the MTO Class EA .............................................................................................. 1-3

1.3.2 Overview of the MTO Class EA .................................................................................................................. 1-3

1.4 REASONS FOR USING THE MTO CLASS EA PROCESS ............................................................................. 1-6

1.5 PROPONENTS USING THE MTO CLASS EA .................................................................................................. 1-6

1.6 ENVIRONMENTAL ASSESSMENT AND OTHER ENVIRONMENTAL LEGISLATION .................................... 1-7

1.7 FEDERAL ENVIRONMENTAL ASSESSMENTS AND MTO CLASS EA

COORDINATION .............................................................................................................................................. 1-7

1.8 OTHER ENVIRONMENTAL DOCUMENTATION SUPPORTING THE MTO CLASS

EA PROCESS ................................................................................................................................................... 1-7

FIGURES Figure 1.1: General MTO Class Environmental Assessment Process ..................................................................... 1-5


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1.1 INTRODUCTION

This chapter provides a general overview of the Class environmental assessment process in Ontario, and the MTO Class Environmental Assessment (MTO Class EA) within it. This chapter includes considerations such as:

proponents of MTO Class EA projects

the relationship between the MTO Class EA and other environmental legislation

coordination of the MTO Class EA with the federal environmental assessment process, and

guides and other documents available to support the MTO Class EA process.

1.2 BACKGROUND TO CLASS ENVIRONMENTAL ASSESSMENTS

This section is an excerpt from the Ministry of the Environment’s Code of Practice ―Preparing, Reviewing and Using Class Environmental Assessments in Ontario‖ (October 2009).

Environmental assessment is a planning and decision-making process used to promote environmentally responsible decision-making. In Ontario, this process is defined and finds its authority in the Environmental Assessment Act. The purpose of the Environmental Assessment Act is to provide for the protection, conservation and wise management of Ontario’s environment. To achieve this purpose, the Environmental Assessment Act promotes responsible environmental decision-making and ensures that

interested persons have an opportunity to comment on undertakings that may affect them. In the Environmental Assessment Act, environment is broadly defined to include the natural, social, economic, cultural and built environments.

Environmental assessment is a planning process that allows proponents to assess the potential for environmental effects using best information available in order to make an informed decision about whether a project should proceed. It is not the proponent’s responsibility to achieve consensus about whether a project should proceed or attempt to resolve issues outside the scope of the project. While the objective is to avoid or minimize potential negative environmental effects, it may not always be possible to do so. There will be times where individuals may be affected by a project that would benefit society as a whole. The objective is to ensure that projects are planned in an environmentally responsible manner so that the environment is protected.

Subsection 13(1) of the Environmental Assessment Act allows the Minister of the Environment to approve a class environmental assessment with respect to a class of “undertakings”. Undertakings included in a class environmental assessment can proceed without seeking further approval if they have been planned in accordance with the planning process outlined in the approved class environmental assessment. If there are concerns with the project or if there is the potential for significant environmental effects, an interested person can make a request to the Minister of the Environment


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to order the proponent to prepare and submit for approval an environmental assessment for the project.

The steps in a Class EA process can vary by group of undertaking. Some groups do not include all the process steps because of the straightforward nature of either the undertaking or the typical potential negative environmental effects. Indeed, some groups of undertakings do not have any steps at all. Such groups include emergency operational activities and work determined to have insignificant effects.

1.3 THE MTO CLASS ENVIRONMENTAL ASSESSMENT (EA)

1.3.1 History of this version of the MTO Class EA

MTO has used the Class EA process for provincial transportation undertakings since 1979. The most recent version of the MTO Class EA document (entitled ―Class Environmental Assessment for Provincial Transportation Facilities‖) was prepared by the Ministry of Transportation (MTO) and approved by the Minister of the Environment and the Ontario Cabinet in 1999. The approval included conditions requiring a minor amendment of the document in 2000. In 2011, MTO submitted a request to the Minister of the Environment for approval to apply various amendments to the MTO Class EA. The Minister’s approval of those amendments has resulted in this updated version of the MTO Class EA.

1.3.2 Overview of the MTO Class EA

In Ontario, MTO is responsible for managing, administering and operating provincial transportation facilities, including provincial highways, freeways, transitways and ferries. As part of those responsibilities, MTO identifies the need to undertake transportation-related infrastructure projects and activities. Unless these projects are explicitly exempt, they are subject to the requirements of the Environmental Assessment Act.

Most of these projects and all activities are included in the MTO Class EA. Accordingly, the work may proceed without the need for further approval, as long as the projects and activities are undertaken in accordance with the process outlined in the approved MTO Class EA. The process steps that are provided in the MTO Class EA give proponents a pre-approved method for planning and carrying out specified projects and activities in an environmentally responsible manner.

The Class EA process provides a consistent framework for:

defining provincial transportation problems and / or opportunities

making decisions about how to meet the transportation problems and / or opportunities in an environmentally responsible manner by considering:

o ―alternatives to the undertaking‖ – which are functionally different ways of solving a problem or opportunity; and


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o ―alternative methods‖ – which are different ways of carrying out the project

undertaking the above in consultation with external agencies and interested persons, and

documenting the process, including the rationale used to make key decisions.

The general process is shown in Figure 1.1.

Under the MTO Class EA, projects and activities are classified into four ―Groups‖:

Group A: projects that are new provincial transportation facilities (excluding new freeways)

Group B: projects that are major improvements to existing provincial transportation facilities

Group C: projects that are minor improvements to existing provincial transportation facilities

Group D: activities that involve operation, maintenance, administration and miscellaneous work for provincial transportation facilities, and either have insignificant effects or are emergency operational activities.

The MTO Class EA outlines specific process requirements for implementing Group A, B and C projects. The MTO Class EA also contains special provisions for Group D activities. Group D activities are pre-approved under the Environmental Assessment Act. Accordingly, the MTO Class EA does not provide a framework for such activities. Group D activities must, however, meet the requirements of other environmental legislation.

The MTO Class EA processes for Group A, B and C projects are not prescriptive. Rather, the MTO Class EA is principle-based. When a proponent undertakes a project under this MTO Class EA, the must apply the following:

principles for the classification of projects and activities

principles of transportation planning and design in the identification of alternatives

principles of environmental protection

principles for the evaluation of alternatives

principles of consultation

principles of documentation

principles of Issue Resolution during Public Review.


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Consider Alternatives

Methods for the Project

Implement Prepare Study Documentation

Consider Alternatives to

the Undertaking

Define Problems /

Opportunities

Figure 1.1 General MTO Class Environmental Assessment Process

Consult


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1.4 REASONS FOR USING THE MTO CLASS EA PROCESS

There are a number of reasons for using the MTO Class EA process. The Class EA provides:

a successful process for environmentally responsible decision-making that has been used for provincial transportation undertakings since 1979

a consistent consultation framework for proponents, external agencies and interested persons

a self-assessment process that gives proponents the flexibility to plan and implement a range of projects without requiring approval by the Minister of Environment under the Environmental Assessment Act for each project

clear and consistent direction on how to complete and document the assessment process for a range of projects

significant efficiencies and cost-savings for proponents, delivery partners, agencies and the public, because it allows them to follow a pre-approved, predictable process for a large number of projects of a similar nature

flexibility to proponents to adapt the process to the level of interest and complexity of each project.

1.5 PROPONENTS USING THE MTO CLASS EA

The MTO Class EA defines two proponents:

the Ontario Ministry of Transportation (MTO)

Local Roads Boards, as defined under the Local Roads Board Act.

Under the Environmental Assessment Act, a proponent is defined as a person or agency that carries out or proposes to carry out an undertaking, or is the owner or person having charge, management or control of an undertaking. The proponent may undertake the MTO Class EA project or activity. However, the project may also be undertaken on behalf of the proponent by its employees or servants, or by agents, contractors, consortia or other parties under contract with the proponent.

Other proponents (in their own right, and under their own responsibility) may also use the MTO Class EA for projects and activities on the provincial transportation system for which MTO has not identified a current need or construction commitment. Such work must be defined under the terms of this MTO Class EA (e.g., a new highway interchange that is needed by a municipality or a developer to provide access to a new development).


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1.6 ENVIRONMENTAL ASSESSMENT AND OTHER ENVIRONMENTAL LEGISLATION

The MTO Class EA process does not replace or exempt the proponent from the formal approval processes of other applicable federal and provincial legislation. These other processes may require permits / approvals and specific public / agency consultation.

1.7 FEDERAL ENVIRONMENTAL ASSESSMENTS AND MTO CLASS EA COORDINATION

The Canadian Environmental Assessment Act applies when a federal agency determines that it has been triggered. In such cases, the MTO Class EA process and other formal approval processes should be coordinated as effectively as possible to avoid duplication. When MTO is the proponent of a project or activity, the ministry aims to coordinate the MTO Class EA and federal

environmental assessment processes in accordance with the Canada-Ontario Agreement on EA Cooperation (November 2004 or as amended or replaced). The intent of these coordinating efforts is to produce a single body of documentation on environmental effects that will meet the information needs of both the federal and provincial governments.

1.8 OTHER ENVIRONMENTAL DOCUMENTATION SUPPORTING THE MTO CLASS EA PROCESS

The MTO Class EA is supported by the MTO Environmental Standards and Practices documents. These documents provide MTO staff and agents working on behalf of the ministry with the requirements, guidance and tools to make decisions that will protect the environment during all stages of highway management, including transportation planning and highway design, construction, operations and maintenance.




2 PROVINCIAL TRANSPORTATION NEEDS

ASSESSMENT

TABLE OF CONTENTS

2.1 INTRODUCTION .............................................................................................................................................. 2-2

2.2 TRANSPORTATION PROBLEMS AND OPPORTUNITIES .............................................................................. 2-2

2.3 ALTERNATIVES TO THE UNDERTAKING ...................................................................................................... 2-3

2.3.1 Identification of Alternatives to the Undertaking ......................................................................................... 2-3

2.3.2 Evaluating Reasonable Alternatives to the Undertaking and Selecting the

Recommended Alternative ......................................................................................................................... 2-5

2.4 PROVINCIAL TRANSPORTATION NEEDS ASSESSMENT AND THE MTO CLASS

EA PROCESS ................................................................................................................................................... 2-5


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2.1 INTRODUCTION

The provincial transportation needs assessment process is a term given to the collection of different programs and studies that are part of the province’s ongoing management and administration of the transportation system. The needs assessment process is completed as ―research‖ or a ―feasibility study,‖ as defined by the Environmental Assessment Act, and is not subject to the formal requirements of the Act when it is being conducted. However, the outcome of the transportation needs assessment process may be the identification of one or more projects that are under this MTO Class EA. Accordingly, this chapter includes a brief description of the transportation needs assessment process and its relationship to MTO Class EA projects and activities, namely:

the identification of transportation problems and opportunities

the consideration of alternatives to the undertaking, and

the recommended alternative to the undertaking.

The last section of this chapter describes how the transportation needs assessment process is considered during the MTO Class EA process.

2.2 TRANSPORTATION PROBLEMS AND OPPORTUNITIES

Transportation problems are existing and future deficiencies in the provincial transportation system. Deficiencies may be found in, but are not restricted to, the following areas:

transportation network and ancillary facilities

traffic capacity

operational and safety

infrastructure condition, and

service and maintenance facilities.

Transportation opportunities are occasions for making improvements to the provincial transportation system both for now and for the future. There may be opportunities in one or any combination of the following:

right-of-way designation / property acquisition to ensure availability of land for transportation purposes in developing areas

optimization of existing transportation infrastructure

facility rehabilitation and / or preventative maintenance to avoid / delay replacement

support of other government initiatives such as regional / economic development and tourism / resource access

partnerships with other proponents to co-operatively address common problems and / or multiple objectives, and

income generation or cost reduction.


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Transportation problems and opportunities are identified from one or more of the following:

transportation network plans

area transportation system reviews

area or corridor planning studies

inventories of the provincial transportation system

highway assessment reports

scope and cost reports

traffic, accident, service and maintenance data

modeling / projection of future transportation demands and desires based upon planned future conditions as articulated in provincial, municipal official plans, etc.

federal, provincial, and municipal agency liaison

other transportation planning activities.

2.3 ALTERNATIVES TO THE UNDERTAKING

Alternatives to the undertaking are defined as ―alternatives to‖ in the Environmental Assessment Act. They are functionally different ways of approaching and resolving the identified problems and opportunities.

2.3.1 Identification of Alternatives to the Undertaking

A reasonable range of alternatives to the undertaking may be developed to address the identified problems and opportunities. A ―do nothing‖ alternative is an inherent part of the process of developing a range of

alternatives. Alternatives to the undertaking can include, but are not limited to the following:

Do Nothing – ―Do Nothing‖ is considered the status quo, where improvements to the transportation system would be limited to maintenance of current infrastructure and the implementation of approved provincial, regional and local municipal initiatives.

Travel Demand Management (TDM) – TDM refers to a variety of strategies to reduce demand and congestion at peak periods, reduce reliance on single occupant vehicles and achieve a more sustainable transportation system. The objectives of TDM strategies include reducing the overall demand on the existing network, shifting demand away from peak periods, and shifting demand to alternative modes of transportation, principally transit, cycling and walking.

Transportation System Management (TSM) – The objective of TSM is to improve the efficiency and safety of the transportation system and optimize the use of existing and planned infrastructure, through a wide range of strategies and technology policies and initiatives. Measures include transit priority facilities, intelligent transportation system (ITS) strategies, carpooling, high occupancy vehicle (HOV) lanes and reserved bus lanes (RBL), park and ride facilities and intersection improvements.


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Improved or New Freight Rail Service – Increased freight rail services for goods movement within existing rail corridors and / or along new rail corridors may be an alternative to highway improvements in some areas. Expanded rail service and the diversion of longer haul goods to rail may provide some relief to congestion on the roads network.

Improved or New Passenger Rail Service – Increased or new passenger rail service (commuter and tourist travel) within existing rail corridors and / or along new rail corridors may also be able to address some transportation problems and / or opportunities. Expanded passenger rail service offers modal choice and may provide some congestion relief to the road network.

Improved or New Transit Services – Expanding the capacity of the transit system through increased services within the existing transportation network and / or accommodating new transit services on new corridors will enhance modal choice and may relieve congestion and increase the performance of the transportation network.

Improved or New Roadways / Transitways – The provision of improved capacity and operations on existing facilities and / or accommodating capacity needs on new corridors may enhance the performance of the transportation network. Congestion may be relieved through additional capacity on existing roadways / transitways or by introducing new corridors for provincial highways, transitways, or both.

Improved or New Marine / Air Transport Services – Modifications to existing marine and / or air transport services and new marine and / or air transport infrastructure may result in changes to travel patterns for both passengers and freight. These changes may reduce congestion and enhance the performance of the transportation network.

Combinations – In some cases, a single transportation infrastructure improvement may not be able to address the identified problems and opportunities. Combinations of various alternatives to the undertaking may be developed to address the identified problems and opportunities more effectively.

Each alternative to the undertaking is assessed against the following questions:

Does the alternative address the identified problems and opportunities?

Does the alternative, when used in conjunction with other alternatives, make a significant contribution towards addressing the identified problems and opportunities?

Those that satisfy at least one of the above-noted questions are considered to be reasonable alternatives to the undertaking and are carried forward for evaluation.


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2.3.2 Evaluating Reasonable Alternatives to the Undertaking and Selecting the Recommended Alternative

The reasonable alternatives to the undertaking may undergo a comparative evaluation. This includes a comparison of the unique advantages and disadvantages of each alternative in relation to:

the ability to address the identified transportation problems and opportunities and study objectives

the potential for broad environmental effects (natural, social, economic, cultural and built environments) that are determinable at this high level of transportation planning.

During the evaluation, alternatives may be discarded or modified.

The evaluation process may result in a recommended solution to the undertaking. The recommended alternative may be a combination of the alternatives considered to address the identified problems and opportunities. The evaluation and decision may be made in consultation with external agencies and interested persons.

Alternatives to the undertaking that are part of the recommended solution but not covered by this MTO Class EA may be carried forward by proponents under other EA processes.

2.4 PROVINCIAL TRANSPORTATION NEEDS ASSESSMENT AND THE MTO CLASS EA PROCESS

The outcome of the transportation needs assessment process may result in separate MTO Class EA projects such as new facilities, major improvements to existing facilities, or minor improvements to existing facilities. Where there is a decision to pursue one or more MTO Class EA projects, a review of the outcome of the transportation needs assessment process is included as part of the MTO Class EA process.

The transportation needs assessment process may also be completed in a manner that has similar provisions to those of the Environmental Assessment Act. These provisions may include things such as:

an examination of alternatives

regard for the environment and environmental effects

consultation with external agencies and interested persons

an ability for the public to inspect the planning document in its entirety

an approval by a recognized decision-making body in a transparent manner.

For such cases, the findings of the transportation needs assessment do not require further review during a MTO Class EA project, and can be used to define the problems, opportunities and the preferred alternatives to the undertaking for the MTO Class EA project.


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There may also be times when the transportation needs assessment relies entirely on a provincial government priority initiative. Provincial government priority initiatives include announcements in throne speeches, budget announcements or initiatives in provincial plans and policies. In these cases it may not be appropriate to examine the usual range of alternatives as the actual undertaking has been pre-defined by the initiative. If this is the case, the MTO Class EA documentation will outline the rationale for not examining alternatives and the extent to which any previous planning supports the provincial government priority initiative.




3 CLASSIFICATION OF PROJECTS AND

ACTIVITIES

TABLE OF CONTENTS

3.1 INTRODUCTION .............................................................................................................................................. 3-2

3.2 PRINCIPLES FOR THE CLASSIFICATION OF PROJECTS AND ACTIVITIES ................................................ 3-3

3.3 THE GROUPS FOR PROJECTS AND ACTIVITIES UNDER THIS MTO CLASS EA ........................................ 3-3

3.3.1 Group A Projects: New Provincial Transportation Facilities including Highways,

Transitways, Freeway Extensions and Ferryboat Connections .................................................................. 3-3

3.3.2 Group B Projects: Major Improvements to Existing Provincial Transportation

Facilities ..................................................................................................................................................... 3-3

3.3.3 Group C Projects: Minor Improvements to Existing Provincial Transportation

Facilities ..................................................................................................................................................... 3-5

3.3.4 Group D: Operation, Maintenance, Administration, and Miscellaneous Activities ...................................... 3-6

3.4 SIMILARITIES AND DIFFERENCES BETWEEN GROUPS OF PROJECTS AND

ACTIVITIES ...................................................................................................................................................... 3-8

3.5 PROJECT RECLASSIFICATION ...................................................................................................................... 3-9



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3.1 INTRODUCTION

This MTO Class EA applies to the following projects and activities:

provincial transportation facility projects that involve provincial highways and freeway extensions, provincial transitways and provincial ferryboats

service, maintenance and operations facility projects that support provincial transportation facilities

operation, maintenance, administration and miscellaneous activities for provincial transportation facilities.

New freeways are not included under this MTO Class EA unless they are extensions to existing freeways. New freeways must therefore be conducted under the individual Environmental Assessment process set out in the Environmental Assessment Act. Such projects may include associated transitways. It should also be noted that a proponent can choose to undertake a project as an individual EA instead of under the MTO Class EA. This may occur in cases where the proponent believes that there are potentially significant concerns that warrant a more detailed assessment, requiring the approval of the Minister of the Environment.

This MTO Class EA categorizes projects and activities into four groups. These groups vary in complexity and differ primarily because of the anticipated net environmental effects of different projects. These have a direct bearing on the anticipated need for consultation

and environmental documentation. The groups defined by this MTO Class EA are:

Projects

o Group A: new provincial transportation facilities including highways, transitways, freeway extensions, and ferryboat connections

o Group B: major improvements to existing provincial transportation facilities

o Group C: minor improvements to existing provincial transportation facilities

Activities

o Group D: activities that involve operation, maintenance, administration and miscellaneous work for provincial transportation facilities.

For the projects and activities under this MTO Class EA, the following sections of this chapter describe:

the principles used to classify projects and activities into groups

the types of projects included within Groups A, B and C, and the activities included within Group D

the similarities and differences between the four groups of projects and activities

the process for reclassifying projects from one group to another.




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3.2 PRINCIPLES FOR THE CLASSIFICATION OF PROJECTS AND ACTIVITIES

Proponents will apply the Principles for the Classification of Projects and Activities when making decisions on the classification of transportation projects and activities under this MTO Class EA.

Principles for the Classification of Projects and Activities

When classifying a project or activity:

a. The proposed undertaking should be consistent with the example projects listed under Groups A to C in sections 3.3.1 to 3.3.3, or with the activities listed under Group D in section 3.3.4

b. If the appropriate classification of a project or an activity is not apparent, the classification of a project or activity should be based on:

the similarity to projects or activities within a specific Group, and

the anticipated net environmental effects, and the need for consultation and / or environmental documentation.

If lower-order Group projects are needed to implement a higher-order Group project, and Group A is the highest-order project, the projects should be bundled together and classified as the higher-order Group.

Projects may be reclassified. For example, Group B projects that meet specific criteria can be ―stepped down‖ to Group C projects. Similarly, Group C projects can be ―stepped-up‖ to Group B.

3.3 THE GROUPS FOR PROJECTS AND ACTIVITIES UNDER THIS MTO CLASS EA

3.3.1 Group A Projects: New Provincial Transportation Facilities including Highways, Transitways, Freeway Extensions and Ferryboat Connections

Group A projects include the following:

new provincial highways

new provincial transitways

new provincial ferryboat connections / docks / terminals

major realignments and bypasses to existing provincial freeways, highways and transitways that do not substantially follow the existing right-of-way (ROW)

extensions to existing provincial freeways, highways and transitways.

3.3.2 Group B Projects: Major Improvements to Existing Provincial Transportation Facilities

Group B projects include the following:

Highway and freeway improvements that provide a significant increase in traffic capacity (including components such as construction staging, detours and lane closures) or cause a significant widening of the footprint beyond the existing roadbed of a highway / freeway, such as:




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o major widening over land or water, including associated structures, such as through twinning, adding transitway, transit or High Occupancy Vehicles lanes, through traffic lanes, general purpose lanes, truck climbing lanes, continuous auxiliary or continuous turning lanes (including non-continuous auxiliary or non-continuous turning lanes that overlap)

o interchange improvements with major footprint modifications

o major alignment shifts that substantially follow the existing ROW

o drainage improvements involving land and water bodies outside the ROW (unless regulated under the Drainage Act, 1990 and exempted from the Environmental Assessment Act).

Highway and freeway improvements (including components such as construction staging, detours and lane closures) that provide / cause a significant modification in traffic access (and that may also modify the footprint) to and from existing highways / freeways, or that introduce / remove municipal road access to local areas, such as:

o modifying interchanges that introduce or eliminate traffic movement to or from any direction

o opening or closing of intersections with municipal roads, where the work introduces or eliminates municipal road access to local areas

o converting King’s highways to freeways

o constructing new service roads

o relocating, closing or constructing new interchanges

o installing new median barriers, with or without adding through traffic lanes.

Improvements to existing provincial transitways and ferryboat dock / terminals, such as:

o improvements that significantly widen the footprint of the existing facility

o improvements that significantly modify highway / roadway traffic access to and from the facility.

Establishment of or improvements to service, maintenance and operations facilities for provincial transportation infrastructure that is either existing or approved under the Environmental Assessment Act, such as:

o new service facilities, such as commuter parking lots, freeway service centres (food / fuel / rest rooms / parking), picnic sites, rest areas, information centres and provincial transitway stations

o new maintenance facilities such as patrol yards, equipment repair and storage depots and material storage depots

o new operations facilities such as traffic management centres, inspection stations, toll plazas and transit control centres




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o improvements to service, maintenance and operations facilities that involve either property acquisition or significant increases to traffic and / or truck layover capacity.

Reclassified projects (see section 3.5)

3.3.3 Group C Projects: Minor Improvements to Existing Provincial Transportation Facilities

Group C projects include the following:

Highway and freeway improvements (including components such as construction staging, detours and lane closures) over land and water that provide minor or no increase in traffic capacity, or that cause minor or no widening of the footprint beyond the roadbed of an existing highway / freeway, such as:

o widening through non-continuous auxiliary lanes or non-continuous turning lanes

o interchange and intersection improvements with minor footprint modifications

o minor horizontal and vertical alignment shifts within the existing ROW

o drainage improvements that do not involve land or water bodies outside the ROW and do not have major footprint impacts

o major landscaping improvements, such as those that include a design component and site grading

o new noise barriers

o new high-mast or conventional lighting

o Advanced Transportation Management System (ATMS)

o Use of and alterations to the existing roadbed, including minor widening, that are constructed to carry traffic as part of construction staging.

Highway and freeway improvements (including components such as construction staging, detours and lane closures) that provide / cause minor or no modification in traffic access (or may also cause minor footprint modifications) to and from existing highways / freeways, such as:

o improvements to interchanges that do not involve relocation, closing, introduction or elimination of traffic movement to or from any direction

o improvements to intersections with municipal roads.

Improvements to existing provincial transitways and ferryboat dock / terminals, such as:

o improvements that cause either minor or no widening of the footprint of the existing facility

o improvements that provide either minor or no modification of highway / freeway / roadway traffic access to and from the facility.

Improvements to service, maintenance and operations facilities or ferryboats for existing provincial transportation facilities that do not involve major footprint impacts or significant increases to traffic and / or truck layover capacity.




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Replacement (i.e., construction for the same purpose, use and capacity at the same location) and rehabilitation of provincial transportation infrastructure, such as:

o like-for-like highway and freeway reconstruction o highway surface o bridges and culverts including bridge recoating,

culvert relining and culvert sediment removal, and replacement bridges with a similar cross-section and / or span

o lighting and electrical systems o drainage, ditch, storm sewers and stormwater

management facilities, including erosion control measures within watercourses

o traffic safety and control systems, such as guide rails and median barriers

o service, maintenance and operations facilities o fencing o noise barriers.

Reclassified projects (see section 3.5).

3.3.4 Group D: Operation, Maintenance, Administration and Miscellaneous Activities

Group D activities consist of facility operation, routine maintenance, administration and miscellaneous activities. For the purposes of the Environmental Assessment Act, Group D activities are defined as activities that are ancillary to transportation projects. Therefore, Group D activities are considered ―pre-approved‖ under the Environmental Assessment Act

(i.e., the proponent has no Class EA requirements to fulfill prior to undertaking the activity).

While Group D activities have no requirements under this MTO Class EA, the proponent must still comply with applicable environmental legislation when undertaking Group D activities, in accordance with applicable MTO policy and protocols and MTO’s environmental documents.

The Group D activities included in the MTO Class EA include operation, maintenance, administration and miscellaneous activities for provincial transportation facilities.

Group D activities include:

Operation activities for provincial transportation facilities such as:

o use of highways and freeways, transitways and ferryboats for transportation of people / goods

o use of maintenance, service and operations facilities as centres for facility and equipment maintenance, materials storage, service to the travelling public, and operations activities

o temporary or permanent conversion of highway and freeway lanes from general purpose to special purpose without any widening of the footprint beyond the existing roadbed (e.g., High Occupancy Vehicle, Bus Rapid Transit) and vice-versa

o monitoring and enforcement of vehicle and driver / operator safety standards




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o monitoring of traffic flow and user ―origin / destination‖

o collection of fees for use

o other similar improvements.

Routine maintenance activities that do not meet the definition of Group C projects (see Chapter 7) for provincial transportation facilities and infrastructure carried out on:

o highway and freeway surfaces - for example: snow-plowing, salting, sanding, pothole repair, crack filling, road sweeping

o bridges and culverts

o lighting and electrical systems

o ditches, stormsewers, stormwater management facilities, and other drainage facilities (including removal of beaver dams)

o traffic safety and control systems (such as guide rail and median barrier)

o service, maintenance and operations facilities

o fencing

o noise barriers

o vegetation management (maintenance, control, landscape plantings, etc.)

o other routine maintenance activities.

Emergency work and response activities such as:

o transportation and environmental emergency repair work / response (Note: under severe

circumstances this could include work that would otherwise be a Group B or C project)

o traffic accident response

o spill response

o other emergency work and response.

Facility administration activities such as:

o "corridor control" on and adjacent to provincial transportation facilities (under the Public Transportation and Highways Improvement Act), which may include the issuance and removal of permits and licences and the levy of charges and fees for facilities and undertakings of other proponents - for example: ―access management‖ (the process that manages entrances [access connections] onto provincial highways and onto roads in the vicinity of a provincial highway, within MTO’s permit control area), drainage, grading, excavation, utilities, buildings and signing

o modifications to highway, freeway or roadway ownership

o property acquisition and disposal

o introduction of controlled access status to King’s highways

o other facility management activities.

Waste management activities for Group A, B, C projects and Group D activities.




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Property management activities such as:

o routine building and grounds maintenance

o upgrading of property that is not defined as Group A, B or C project work

o contamination cleanup

o Advanced demolition and removal of buildings prior to construction of Group A, B and C projects

o well and septic system decommissioning

o other property management activities (except those directly associated with Group A, B or C projects – see Chapters 5, 6 and 7 respectively).

Pre / post construction field work activities for Groups A, B and C projects, such as:

o engineering activities such as foundation, geotechnical, soils and legal surveys

o environmental activities such as archaeology survey and salvage, fisheries surveys, mitigation / compensation

o management of contamination within the ROW and other property

o utility relocations within the ROW.

Extraction of earth, rock and aggregate from sites not specified by the proponent or design-build consortium retained by the proponent, such as:

o a Wayside Permit issued by MTO on private land designated under the Aggregate Resources Act

o a Letter of Approval for a temporary pit or quarry issued by MTO on private land in non-designated

areas (commercial sources as defined in special provisions are exempted)

o an Aggregate Permit issued by MTO on Crown land, land on which the aggregate is the property of the Crown and land under water

o a Permit / Lease to Extract Aggregates from Indian Reserve Lands issued by Indian and Northern Affairs Canada (INAC) under the Indian Act, RSC 1985, c. I-5 [Canada, 1989]

o disposal of excess earth, rock and aggregate at locations not specified by the proponent or design-build consortium retained by the proponent.

3.4 SIMILARITIES AND DIFFERENCES BETWEEN GROUPS OF PROJECTS AND ACTIVITIES

Because projects and activities covered by this MTO Class EA are all part of the same provincial transportation network, the Groups share the following similarities:

The projects and activities are identified and initiated from a common transportation needs assessment process.

Group A, B and C projects follow the general Class EA process (see Chapter 4: MTO Class EA Principles and General Process) that is implemented in similar planning and design processes.




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The types of problems and opportunities represented by the projects and activities are recurring in nature.

A common set of alternatives to the undertaking and alternative methods for the project applies.

Projects follow the same general study process with similar stages and components.

The same transportation planning and design principles are applied on an ongoing basis.

The types of environmental effects and approaches to environmental protection are recurring in nature.

The approaches to consultation are similar.

The differences among groups of projects and activities covered by this MTO Class EA include:

The groups are designed to address different project-specific problems and opportunities.

The groups use different approaches to implementing the general Class EA process.

Group A projects involve new routes for transportation facilities, while Group B and C projects involve existing facilities.

Although they all share a similar approach to planning and design, the various Groups have different approaches to implementing the general Class EA process.

Group A projects are the most complex, while Group C are the least complex, in terms of:

o the scale and engineering requirements

o potential environmental effects

o public concerns

o alternatives.

The consultation requirements vary by Group (see Chapter 8: Consultation).

Documentation requirements are similar for Group A and B projects, but different for Group C projects (see Chapter 9: Documentation).

Opportunities for public review including Part II Order requests are similar for Group A and B projects, but are not available for Group C projects (see Chapter 8: Consultation).

Group D activities are pre-approved under the MTO Class EA and thus do not involve any MTO Class EA requirements (see section 3.3.4).

3.5 PROJECT RECLASSIFICATION

The proponent may reclassify a project based on the individual aspects of the project. The following options are available and discussed in the referenced chapters.

Step-down a project from Group B to Group C and follow the MTO Class EA process for Group C projects. The step-down process is described in Chapter 6: MTO Class EA Process for Group B Projects.

Step-up projects from Group C to Group B and follow the MTO Class EA process for Group B projects. The step-up process is described in Chapter 7: MTO Class EA Process for Group C Projects.




4 MTO CLASS EA PRINCIPLES AND GENERAL

PROCESS

TABLE OF CONTENTS

1.1 INTRODUCTION .............................................................................................................................................. 1-2

4.1 INTRODUCTION .............................................................................................................................................. 4-2

4.2 PRINCIPLES .................................................................................................................................................... 4-2

4.2.1 Consulting with External Agencies and Potentially Affected and Interested

Persons ...................................................................................................................................................... 4-3

4.2.2 Considering a Reasonable Range of Alternatives ...................................................................................... 4-4

4.2.3 Considering All Aspects of the Environment .............................................................................................. 4-5

4.2.3.1 Expected Range of Environmental Effects ................................................................................................. 4-6 4.2.3.2 Hierarchy of Environmental Protection ....................................................................................................... 4-6

4.2.3.3 Net Environmental Effects .......................................................................................................................... 4-7 4.2.4 Evaluating Net Environmental Effects Systematically ................................................................................ 4-7

4.2.5 Providing Clear and Complete Documentation .......................................................................................... 4-9

4.2.6 Other Principles .......................................................................................................................................... 4-9

4.3 APPLYING THE PRINCIPLES TO THE MTO CLASS EA PROCESS ............................................................... 4-9

FIGURES Figure 4.1: Principles Applied to the General MTO Class Environmental Assessment Process ............................ 4-10



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4.1 INTRODUCTION

The MTO Class EA is based on a series of principles, instead of being prescriptive in nature. In other words, the MTO Class EA defines what must be achieved to comply with the Environmental Assessment Act, rather than specifying how it should be done.

This chapter describes the MTO Class EA principles and how those principles are applied broadly through the MTO Class EA processes for Group A, B and C projects. The detailed MTO Class EA processes for Groups A, B and C projects are provided in Chapters 5, 6 and 7 respectively. Note: Group D activities are pre-approved and have no requirements under this MTO Class EA (see Chapter 3 for details).

4.2 PRINCIPLES

The Ministry of the Environment (MOE) recognizes that there are a number of environmental assessment (EA) principles that are key to successful planning under the Environmental Assessment Act, including

1. Consulting with potentially affected and other interested persons

2. Considering a reasonable range of alternatives

3. Considering all aspects of the environment

4. Evaluating net environmental effects systematically

5. Providing clear and complete documentation.

These key EA principles provide the foundation for the MTO Class EA. For each EA principle, there is a related

set of MTO Class EA principles to provide direction to proponents who are undertaking an MTO Class EA project.




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4.2.1 Consulting with External Agencies and Potentially Affected and Interested Persons

Formal consultation with external agencies and interested persons is a cornerstone of the MTO Class EA process. It is also one of the legal requirements of the Environmental Assessment Act. Proponents should seek to involve external agencies and interested persons as early as possible in the MTO Class EA process so that their concerns can be identified and considered before irreversible project decisions and commitments are made on the chosen approach or specific proposals. Consultation is expected to:

improve the understanding of environmental concerns before irreversible decisions are made

promote mutually acceptable, environmentally sound solutions

enhance the outcome of the planning process.

Principles of Consultation

The proponent will elicit information from external agencies and interested persons to assist in understanding the nature of the project study area.

At the beginning of the project, the proponent will notify external agencies and interested parties of the proponent’s intention to carry out a project.

The proponent will consult with the stakeholders most directly affected.

The consultation process will provide stakeholders with timely, user-friendly opportunities for input.

The proponent will constructively address the input received during the consultation process.

During later planning and design phases, the proponent will show how the input received from external agencies and interested parties in earlier stages has affected the project.

The amount, extent and timing of the consultation on each project will vary according to the complexity of the project, the nature of the specific environmental issues and the concerns expressed by external agencies and interested persons.

For each project, the proponent will select appropriate methods of notifying external agencies and interested persons, based on the nature of the study area, the interested persons to be contacted, the stage of the project and the issues to be addressed.

The proponent will make reasonable efforts to resolve concerns. The proponent may use alternative dispute resolution approaches (such as mediation) for major issues at key decision points.




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4.2.2 Considering a Reasonable Range of Alternatives

During the MTO Class EA process, a reasonable range of alternatives must be considered. This should include examining alternatives to the undertaking - functionally different ways of approaching and dealing with the defined problem or opportunity (including the ―do nothing‖ alternative). The proponent must also consider alternative methods of carrying out the proposed project - different ways of accomplishing the same objective. It should be noted, however, that depending on the nature of the problem or opportunity identified, there may be a limited number of reasonable alternatives to consider. The MTO Class EA planning and design principles for identifying a range of alternatives are as follows.

Principles of Transportation Planning and Design for

Identifying Alternatives

Address the identified transportation problems and opportunities, and maximize the opportunity to satisfy existing and future provincial travel demand.

Meet the needs of the travelling public as a whole, by maximizing opportunities for access and mobility.

Reflect sound engineering judgement, site-specific transportation engineering and / or environmental constraints, transportation demand, capacity of existing and future transportation facilities, traffic composition, trip length, population density and land development, and traffic habits of the overall transportation system users, in meeting or exceeding current provincial design standards and practices.

Ensure compatibility with the existing and future provincial and municipal transportation system and system needs, and improve the level of service and operation for users of the provincial transportation system.

Ensure consistency with other transportation facilities in the vicinity to ensure rational and predictable behaviour of users.

Ensure the technical feasibility of construction, operation and maintenance.

Minimize the use of non-renewable natural resources such as aggregates.

Minimize property requirements and impacts on adjacent properties.

Minimize net energy usage of the transportation system.

Avoid directing large volumes of long-distance provincial traffic through settlement areas.

Maximize opportunities to improve the safety of the facility.

In consideration of all of the above, provide the maximum benefit for the lowest cost (considering construction, maintenance and operation costs).

Capitalize on significant transportation planning and design opportunities, while avoiding significant environmental effects and significant constraints to transportation planning and design.

Minimize the design-related negative effects caused where either consequential environmental effects or significant constraints to transportation planning and design cannot be avoided.




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4.2.3 Considering All Aspects of the Environment

The Environmental Assessment Act broadly defines environment to include the natural, social, economic, cultural and built environments (see glossary for a complete definition). During the preparation of an MTO Class EA project, the proponent must consider not only the potential environmental effects on the natural environment, but also the project’s potential impact on the social, economic, cultural and built environments. Proponents may identify both beneficial and detrimental environmental effects.

The level of detail required to determine effects and select environmental protection measures will vary from project to project - depending on the significance of each potential environmental effect and the stage in the MTO Class EA process. In general, environmental assessment is based on a phased sequence of decision - making in which alternatives are assessed at an increasing level of detail as the project progresses. Preliminary assessments are undertaken to support the comparing of alternatives to the undertaking. For consideration of alternative methods for the project, the proponent supplements the preliminary assessments with more detailed studies to provide a clear understanding of the potential effects on the environment of the various alternative methods for the project. Once the proponent has selected a preferred alternative method, more focused data is collected to refine and complete the design.

The proponent will apply the Principles of Environmental Protection when considering the project’s potential effects on all aspects of the environment. To satisfy the principles, the proponent must consider the expected range of environmental effects.

Principles of Environmental Protection

Consider environmental protection in the following hierarchy: avoid / prevent negative effects, then control / mitigate those negative effects that cannot be avoided or prevented, then compensate / enhance for any remaining negative effects.

Conduct studies with an inherent approach of avoiding or minimizing overall negataive environmental effects through the consideration of alternatives.

Identify existing environmental conditions and potential effects that are relevant to the project.

Meet the requirements of federal and provincial environmental legislation.

Meet the intent of government-approved policy and inter-ministerial protocols.

Address the Ministry of Transportation’s Statement of

Environmental Values (see glossary).

Balance environmental protection considerations with transportation planning and design considerations during each stage of the project process, recognizing that safety and effectiveness of the transportation system is fundamental to all decisions made during the process.

Recognize that environmental mitigation measures themselves may have environmental impacts that could




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potentially offset their benefit.

Provide mitigation efforts in proportion to environmental significance and the ability to reasonably mitigate.

Monitor the implementation of environmental protection and mitigation measures during construction.

4.2.3.1 Expected Range of Environmental Effects

The types of environmental effects from transportation facilities can be categorized broadly as:

footprint-related effects

interference-related effects

emission-related effects.

Time and proximity have the largest influence on the severity of the above effects. In the case of time, the severity of the effects is influenced by their duration (e.g., hours, days, weeks or permanent), and by the timing of the effects (e.g., during the spawning cycle for local fish populations). In the case of proximity, the severity of some effects is related to the distance of the project from sensitive receptors. Typically, for example, the impact of effects such as noise is greater for sensitive receptors located closer to the transportation project or facility.

The types of effects, along with considerations about the severity of effects, are discussed in general below. MTO’s Environmental Standards and Practices User Guide (2006 or as updated) provides details on the expected range of environmental effects by environmental factor.

Footprint effects

Footprint effects are caused by physical intrusion of the transportation facility into adjacent lands, water bodies, etc. Considerations related to footprint effects include the boundaries of features, the need for buffers, the effect of reducing the size and severing of areas.

Interference Effects

Interference effects are caused when the transportation facility obstructs or hinders the natural flow or balance of the affected area - by hampering fish and wildlife migration, for example, or by disturbing water flow, creating light pollution, impeding traffic and pedestrian access, etc.

Emissions Effects

Emissions effects (to air, water, soil, and their utilization) are caused by the release or escape from the transportation facility of noise, dust, sediment, chemicals, odours, light, etc. These effects can have acute impacts on human, plant and animal health, as well as on land-use.

4.2.3.2 Hierarchy of Environmental Protection

The hierarchy of environmental protection is the application of the following protection approaches in order of decreasing preference:




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1. Avoid or prevent negative environmental effects.

2. Reduce the severity of environmental effects through control or mitigation measures.

3. Provide equivalent or countervailing environmental features through compensation or enhancement.

Proponents often combine these approaches to minimize the net environmental effects.

Examples of typical mitigation by factor are in included in Appendix A. Guidance on environmental protection is provided in MTO’s Environmental Standards and Practices documents with factor-specific guides that provide details.

4.2.3.3 Net Environmental Effects

Net environmental effects simply mean the environmental effects that remain after environmental protection and / or mitigation measures have been applied. Potential net environmental effects are estimated for a project based on the understanding of the relevant aspects of the environment and the potential protection measures. Net environmental effects are refined throughout the project.

4.2.4 Evaluating Net Environmental Effects Systematically

Environmental assessment typically includes the evaluation of alternatives, and a clear discussion of the advantages and disadvantages of each alternative. During the MTO Class EA process, there are distinct points at which proponents are expected to identify and evaluate alternatives and the net environmental effects associated with each alternative. It is important to understand that for some routine MTO Class EA projects, there may either be limited alternatives or only one alternative that can effectively address the transportation problem or opportunity. Even if there is only one reasonable alternative, proponents must still consider the net effects associated with that alternative.

Net environmental effects are assessed and evaluated based on the following criteria:

the severity of potential effects (including their scale and duration)

the sensitivities of the various environmental components to the potential effects

the degree of uncertainty in the estimate of the potential effects

the anticipated success of control or mitigation measures in reducing or eliminating potential effects

the anticipated success of compensation or enhancement measures in offsetting potential effects.




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MTO’s Environmental Standards and Practices documents provide direction on assessing net environmental effects for various environmental factors.

Proponents will apply the Principles for the Evaluation of Alternatives when evaluating the net environmental effects for each alternative considered under the MTO Class EA.

Principles for the Evaluation of Alternatives

• The evaluation process must be traceable and replicable, and must be understandable by those who may be affected by the decisions.

• All relevant factors, including transportation planning and design and environmental protection, will be given due consideration.

• The evaluation may be qualitative or quantitative.

• Evaluation factors may change from one stage of a project to the next.

• Recognize that it is seldom possible to satisfy all interests when making the tradeoffs necessary in the EA process, and that no single environmental factor is always ―paramount ".

This MTO Class EA does not prescribe a universal approach to evaluation, in recognition that different qualitative or quantitative approaches may be appropriate for different types of projects. Moreover, evaluation factors that may be considered at one stage of a project may not be appropriate at other stages, and

may change as the project progresses through the Class EA process.

For the evaluation of alternative methods for the project, the proponent determines how to compare the advantages and disadvantages of the alternatives with the goal of selecting the alternative that maximizes the transportation benefit while minimizing the overall negative net effects on the environment (i.e., the preferred alternative). During the comparison of alternatives, the proponent determines the relative importance of the various features and functions of the environment potentially affected by the project, and the significance of the potential effects. The proponent also establishes a ―do nothing‖ scenario as a baseline for the preferred alternative(s).




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4.2.5 Providing Clear and Complete Documentation

An MTO Class EA document should clearly explain the environmental planning and decision-making process the proponent followed to arrive at the decisions. Any interested person reading the document should be able to follow the process the proponent used to plan and design the project, and to understand the rationale for the choices that have been made.

Principles of Documentation

MTO Class EA documents will be as clear, simple, complete and precise as feasible.

The document content requirements defined in Chapter 9: Documentation will be fulfilled.

The documentation will deal with project-specific details and issues, rather than repeating general information contained in this MTO Class EA.

The documentation will cover the results of the project to date.

The Transportation Environmental Study Report (TESR) will document the process used to plan and design the project, including the rationale for making key choices, and will document to at least the level of detail developed at the end of the Preliminary Design (i.e., sufficient detail to determine the technical and economic feasibility of constructing the project, and the feasibility of securing environmental permits, approvals and authorizations)

4.2.6 Other Principles

Additional MTO Class EA principles are included in this document - in Chapter 3 for classifying projects and in Chapter 8 for issue resolution during the public review period.

4.3 APPLYING THE PRINCIPLES TO THE MTO CLASS EA PROCESS

As shown in Figure 4.1,the key environmental assessment principles can be described as a series of environmental assessment ―steps.‖ Proponents follow these steps in the various MTO Class EA processes for Group A, B and C projects, which are described in Chapters 5, 6 and 7 respectively.

Define Problems / Opportunities

The first step in the MTO Class EA process is to define the transportation problems and opportunities that need to be addressed. This results in the statement of objectives for the project, which is the same as ―the purpose of the undertaking‖ under the Environmental Assessment Act.

Consider Alternatives to the Undertaking

The Environmental Assessment Act defines alternatives to the undertaking as functionally different ways of approaching and dealing with the identified problems and opportunities, including the ―do nothing‖ alternative. In the MTO Class EA these are examined during review of the transportation needs assessment process (see Chapter 1).




Legend:

Consult

Consider Alternative Methods

for the Project

Implement Prepare Project

Documentation

Consider Alternatives to the

Undertaking

Define Problems /

Opportunities

Figure 4.1 Principles Applied to the General MTO Class Environmental Assessment Process

Provide clear and complete

documentation

Consider a reasonable range of alternatives Consider all aspects of the environment Systematically evaluate net environmental effects

Consult with external agencies and other potentially affected and interested persons

Environmental Assessment ―step‖

Overarching Environmental Assessment Principles




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Consider Alternative Methods for the Project

―Alternatives methods‖ are defined by the Environmental Assessment Act as different ways of carrying out the same activity. To consider alternative methods for the project, the proponent:

identifies reasonable alternatives

considers how the various alternative methods for the project affect the environment systematically evaluates the alternatives with respect to transportation planning and design factors and net environmental effects

selects the alternative method for the project that provides the greatest overall transportation benefit while minimizing overall negative net environmental effects.

Consult with External Agencies and Interested Persons

Consultation is a two-way communication process designed by the proponent. Its goal is to involve and obtain input from external agencies and interested persons at meaningful points in the project. With respect to the project, consultation is intended to:

identify concerns

identify agency mandates

identify and collect relevant information about the existing environment

ensure that relevant information is shared

involve external agencies and interested persons in the development of solutions to complex issues

provide information to agencies and the public about the MTO Class EA process, including opportunities for formal challenge if applicable.

Prepare Project Documentation

The class environmental assessment document is a record of the decision-making process a proponent has followed for a project in order to reach the conclusion, and includes a clear discussion of the rationale used to make certain choices. It may also include commitments made by the proponent to future actions during implementation.

Implement

After the completion of the MTO Class EA process, the project is considered to be ―approved‖ and is implemented. Implementation may include additional refinement to the design prior to construction. This refinement may result in new or modified environmental protection measures.




5 MTO CLASS EA PROCESS FOR GROUP A

PROJECTS

TABLE OF CONTENTS

5.1 INTRODUCTION .............................................................................................................................................. 5-3

5.1.1 Application of MTO Class Environmental Assessment Principles .............................................................. 5-5

5.2 PLANNING STAGE ........................................................................................................................................... 5-5

5.2.1 Review the Results of the Transportation Needs Assessment Process [P.1]............................................. 5-6

5.2.2 Publish Notice of Commencement [C.1]..................................................................................................... 5-7

5.2.3 Consult on the Results of the Transportation Needs Assessment Process

Review [C.2] ............................................................................................................................................... 5-7

5.2.4 Identify Alternative Methods in Planning [P.2] ............................................................................................ 5-7

5.2.5 Evaluate Alternative Methods in Planning [P.3] .......................................................................................... 5-9

5.2.6 Select the Preferred Alternative Method in Planning [P.4] ....................................................................... 5-10

5.2.7 Undertake Consultation [C.3] during the Consideration of Alternative Methods in

Planning [P.2 to P.4] ................................................................................................................................ 5-11

5.3 RECOGNITION OF PREVIOUS PLANNING WORK ....................................................................................... 5-11

5.4 PRELIMINARY DESIGN ................................................................................................................................. 5-12

5.4.1 Identify Design Alternatives [PD.1] ........................................................................................................... 5-12

5.4.2 Evaluate Design Alternatives [PD.2] ........................................................................................................ 5-14

5.4.3 Select Preferred Design Alternative [PD.3] .............................................................................................. 5-15

5.4.4 Undertake Consultation [C.4] during the Consideration of Design Alternatives

[PD.1 to PD.3] .......................................................................................................................................... 5-15

5.4.5 Prepare Transportation Environmental Study Report [PD.4] .................................................................... 5-16

5.4.6 Publish Notice of Completion and Start Public Review [C.5] .................................................................... 5-16

5.4.7 Prepare the MTO Class EA Process Completion Statement [PD.5] ......................................................... 5-17




5.5 COMBINING PRELIMINARY AND DETAIL DESIGN STAGES ....................................................................... 5-17

5.6 IMPLEMENTING THE APPROVED PROJECT ............................................................................................... 5-17

5.6.1 Detail Design ............................................................................................................................................ 5-17

5.6.1.1 Reviewing and Changing the Approved Project in Detail Design ............................................................. 5-18 5.6.2 Construction ............................................................................................................................................. 5-18

5.7 REVIEW OF AN APPROVED MTO CLASS EA PROJECT AFTER 10 YEARS ............................................... 5-18

FIGURES Figure 5.1: MTO Class Environmental Assessment (EA) Process for Group A Projects.......................................... 5-4




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5.1 INTRODUCTION

Group A projects are new provincial transportation facilities as defined earlier in Chapter 3: Classification of Projects and Activities. Through the MTO Class EA process for Group A projects, the proponent applies a systematic decision-making approach to identify, evaluate and select an alternative that achieves the greatest overall transportation benefit, while minimizing the overall negative net environmental effects. As a minimum, the selected alternative will address the project problems and opportunities. The selection of the preferred alternative will be carried out following the general MTO Class EA process as outlined in Chapter 4: MTO Class EA Principles and General Process, and using the steps listed below:

Define problems / opportunities.

Consider alternatives to the undertaking (i.e., functionally different ways of approaching and dealing with the identified problems and opportunities, including the ―do nothing‖ alternative).

Consider alternative methods of undertaking the project by:

o identifying a reasonable range of alternatives, where feasible, and considering all aspects of the environment for each alternative

o evaluating transportation planning and design alternatives and net environmental effects of the alternatives in a systematic manner, and

o selecting the alternative that achieves the greatest overall transportation benefit while minimizing the overall negative net environmental effects.

Consult with external agencies and interested persons.

Prepare project documentation.

Implement the ―approved‖ project1.

The proponent carries out the above general EA steps during the Planning and Preliminary Design stages of a Group A project by undertaking the MTO Class EA components (identified by a letter and number within a square bracket) shown in Figure 5.1. This chapter should be read in conjunction with the figure. The components in the process include:

reviewing the transportation needs assessment process results [P.1] for problems and opportunities, and considering alternatives to the undertaking

considering alternative methods in the Planning stage [P.2 to P.4], and then considering design alternatives in the Preliminary Design stage [PD.1 to PD.3] (referred to as design alternatives)

1 In this Class EA, ―approved‖ means that a project has complied

with and completed the MTO Class Environmental Assessment process for the applicable Group. See glossary for full definition.


Detail Design Preliminary Design Planning

Consider Alternative Methods for the Project

Prepare Project Documentation

Consider Alternatives to the Undertaking

Identify alternative

methods [P.2]

Undertake consultation with external agencies and interested persons as early in the study process as feasible, and, as a minimum, during:

[C.2] The review of the transportation needs assessment [P.1]

[C.3] The consideration of alternative methods [P.2 to end of P.4]

Type of consultation and any additional consultation will vary according to the project.

Evaluate design alternatives

[PD.2]

Select preferred design

alternative [PD.3]

Prepare Transportation

Environmental Study Report (TESR)

[PD.4]

Refine and finalize design

[DD.1]

Prepare construction

contract package [DD.4]

Obtain required environmental permits and

approvals [DD.2]

MTO Class EA process complete

(prepare MTO Class EA Process Completion

Statement) [PD.5]

Implement the Approved Project

Identify design alternatives

[PD.1]

Evaluate alternatives

methods [P.3]

Select preferred alternative

method [P.4]

EA commitments

carried forward

Co

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Publish Notice of Completion and start 30 day public review

[C.5] Publish Notice of Commencement

[C.1]

Issue resolution

during public review

including Part II Order

requests (if applicable) -

see Chapter 8

Undertake additional

consultation as specified in EA commitments.

Undertake consultation with interested persons and regulatory agencies [C.4], as a minimum, once prior to publishing the Notice of Completion [C.5]. The type of consultation and any additional consultation will vary according to the project.

Review transportation needs assessment [P.1] for problems / opportunities, and Alternatives to the

undertaking

NOTE: The flowchart should be read in conjunction with corresponding sections of this MTO Class EA.

Consult

Define Problems / Opportunities

The MTO Class EA process is principle-based. The planning and design process may be adjusted to address project specific needs. The order of components (identified by a letter and number within square brackets) may change, components may be repeated, and the TESR may include commitments to undertake further design refinements and additional consultation in Detail Design. Note: Preliminary Design and Detail Design may be combined in which case component [DD.3] is not undertaken.

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Pro

cess

Document EA commitment

fulfillment [DD.3]

Figure 5.1 MTO Class Environmental Assessment (EA) Process for Group A Projects




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consulting with external agencies and interested persons [C.1 to C.5]; while consultation is shown in Figure 5.1 as a group of discrete components, consultation actually takes place on an ongoing basis throughout the project

preparing and publishing the Transportation Environmental Study Report (TESR) [PD.4], and

implementing the approved project.

Because the MTO Class EA process is principle-based (see section 5.1.1), the proponent may change the order of components or combine the components as needed. Moreover, the decision-making process is iterative. This means the proponent may repeat components (or parts of components) as new information becomes available.

As a project proceeds, the proponent has the option of dividing it up into distinct projects as follows:

After the Planning stage, a project may be split into a number of Preliminary Design projects conducted over several years.

After the Preliminary Design stage, a project may be further split into a number of Detail Design projects conducted over several years.

After the Detail Design stage, a project may be implemented as a number of construction projects implemented over several years.

5.1.1 Application of MTO Class Environmental Assessment Principles

The MTO Class EA principles apply broadly across the Class EA process for Group A projects and are to be considered in each process decision. The principles are outlined in the following chapters:

Chapter 4: MTO Class EA Principles and General Process

Chapter 8: Consultation.

5.2 PLANNING STAGE

Although the planning work required for each project will vary according to the nature of the specific project, the proponent generally develops the project to a level of detail in the Planning stage that is adequate to demonstrate the project’s fundamentals - including such things as facility type, basic plan and profile (see Appendix B for examples). As shown in Figure 5.1, the proponent does this by undertaking the following Planning stage components:

reviewing the results of the transportation needs assessment process for problems and opportunities and the consideration of alternatives to the undertaking [P.1]

publishing the Notice of Commencement [C.1] and consulting [C.2] on the review of transportation needs assessment process results [P.1]

identifying alternative methods [P.2]




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undertaking consultation [C.3] for the identification of alternative methods [P.2]

evaluating alternative methods [P.3]

selecting the preferred alternative method [P.4]

undertaking consultation [C.3] on the identification, evaluation and selection of the preferred alternative method in Planning [P.2 to P.4].

Under certain conditions, the proponent may limit or replace the consideration of alternative methods in Planning, based on previous planning work. This is described in section 5.3: Recognition of Previous Planning Work.

5.2.1 Review the Results of the Transportation Needs Assessment Process [P.1]

As described in Chapter 1, the transportation needs assessment process consists of research and feasibility work carried out by the Ministry of Transportation or others before the MTO Class EA process begins. At the beginning of the Planning stage, the proponent will review the results of the transportation needs assessment. The purpose of this review is to bring the results of the transportation needs assessment process into the MTO Class EA process when a Group A project has been identified. During the review, the proponent will identify and assess the following information:

the transportation problems and opportunities and the statement of objectives - ―the purpose of the undertaking‖ under the Environmental Assessment Act (where defined)

the reasonable alternatives to the undertaking selected, and

the preliminary study area (also called the analysis area) and corridors, where appropriate to the project.

Based on this review, the proponent may reject, modify, refine, and / or confirm the transportation needs assessment results. It should be noted that the proponent might need to augment during the Planning stage the considerations of alternatives to the undertaking carried out during the transportation needs assessment, in order to meet the requirements of the Environmental Assessment Act.

In reviewing the transportation needs assessment results, the proponent will:

gather preliminary data

analyze existing environmental and transportation conditions, and

identify initial environmental and transportation constraints.

The outcome of the review will provide:

a description of transportation problems and opportunities

a description of the transportation objectives - ―the purpose of the undertaking‖ under the Environmental Assessment Act

a recommended alternative to the undertaking that will be carried forward, and




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a preliminary study area and options for new corridors, where applicable.

The proponent will document the outcome of the review of the transportation needs assessment process results in the Transportation Environmental Study Report (TESR), which is described in further detail in section 5.4.5.

5.2.2 Publish Notice of Commencement [C.1]

The Notice of Commencement enables the proponent to announce the start of the MTO Class EA process, and to provide information to external agencies and interested persons about what is being proposed and how to get involved in the process. For example, the Notice may be combined to announce a Public Information Centre. The proponent will publish a Notice of Commencement prior to consulting with external agencies and interested persons. However, this does not prevent the proponent from engaging external agencies and interested persons with respect to acquiring information pertinent to the project prior to publishing the Notice.

Chapter 8: Consultation contains further details about the content of the Notice of Commencement and how it is given. In general, the proponent will publish the Notice in an accessible location, such as a newspaper and / or on a website. Moreover, the proponent will document the Notice’s content and how it was published in the Transportation Environmental Study Report (see section 5.4.5).

5.2.3 Consult on the Results of the Transportation Needs Assessment Process Review [C.2]

The proponent will consult with external agencies and interested persons on the results of the transportation needs assessment process review, following the Principles of Consultation provided in Chapter 4 and the consultation process provided in Chapter 8. Depending on the nature and complexity of the project, the proponent may seek additional consultation opportunities. The proponent will document the consultation process and its results in the Transportation Environmental Study Report (see section 5.4.5).

5.2.4 Identify Alternative Methods in Planning [P.2]

The proponent will identify a reasonable range of alternative methods that meet the transportation project problems and opportunities by:

identifying initial alternative methods in Planning, and

assessing the initial alternative methods to develop a reasonable range of alternative methods.

Examples of alternative methods in Planning are provided in Appendix B.




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Initial identification of alternative methods in Planning

Typically, the proponent will gather information necessary to consider all factors of the environment within the preliminary study area. Environment includes the natural, social, economic, cultural and built environments (see glossary for a complete definition). The proponent will develop an overview of the ―existing conditions‖ of the preliminary study area and use this information to identify major opportunities and constraints related to transportation planning and design and environmental protection. For Group A projects, gathering the necessary information can be expected to require a significant amount of time and effort.

Based on the ―existing conditions,‖ and following the Principles of Transportation Planning and Design for the Identification of Alternatives and the Principles of Environmental Protection described in Chapter 4, the proponent will develop initial alternative methods. Typically, the alternatives are various combinations of individual elements. Alternative methods and elements in Planning may include:

Alternative corridors - for some Group A projects, the proponent may generate alternative transportation corridors (linear areas within which one or more route alternatives may be considered) which may include the following:

o preliminary corridors that may have been identified as part of the transportation needs assessment process (see Chapter 1)

o multiple corridors for projects whose study areas are larger and / or more complex

o links between corridors and / or routes to provide for the possibility of connecting the best portions of different route alternatives

o co-ordination with improvements to portions of existing provincial transportation facilities that are being undertaken as a separate MTO Class EA project that is being justified, studied and implemented on its own.

Route alternatives2 are alternative locations for the facility, and may include the following:

o preliminary routes that may have been identified as part of the transportation needs assessment process (see Chapter 1)

o links between routes that may be generated in order to provide the possibility of connecting the best portions of different route alternatives

o co-ordination with improvements to portions of existing provincial transportation facilities that are being undertaken as a separate MTO Class EA project that is being justified, studied, and implemented on its own.

2 During the identification of route alternatives, corridors may be

modified and portions of routes may be developed outside the corridors that were originally identified.




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Facility type:

o roadway (freeway vs. highway)

o transitway technology (rail vs. bus, etc.)

o access control.

Basic plan and profile; design speed; typical project cross-section, covering elements such as:

o typical right-of-way requirements

o number of lanes / tracks

o median width and type

o location and type of:

interchanges and intersections

transit stations

bridges and culverts.

Service, maintenance and operations facilities:

o Need / type of facility

o Site location (new facility only).

Assessing the initial alternative methods in Planning

The proponent will assess each initial alternative method in order to:

identify significant beneficial and detrimental aspects of each initial alternative method, in terms both of transportation planning and design and the anticipated net environmental effects3

3 Specific environmental information and design detail is needed to

develop actual protection measures. These are developed later in the design process. As such, evaluations in Planning and

obtain transportation planning and environmental protection input by consulting with external agencies and interested persons (see section 5.2.7)

make any necessary modifications to alternative methods as a result of the above input and consultation, and

ensure the feasibility of any alternative that is carried forward.

At the end of this part of the process, the proponent will identify a reasonable range of alternative methods in Planning, and document the process and results in the Transportation Environmental Study Report (TESR) (see section 5.4.5). The proponent will also describe the extent to which project-specific conditions had an effect on limiting the number of alternative methods considered in the TESR.

5.2.5 Evaluate Alternative Methods in Planning [P.3]

The proponent will determine how to compare the advantages and disadvantages of the alternative methods with the goal of selecting the preferred alternative method (i.e., the one that maximizes the transportation benefit while minimizing the overall negative net environmental effects). Different approaches to evaluation may be appropriate for different types of Group A projects. Therefore, at the

Preliminary Design stages are done using typical or anticipated protection measures to estimate net environmental effects.




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beginning of the evaluation process, the proponent will develop a systematic and clear approach to evaluating alternative methods in Planning appropriate for the project. As part of the evaluation, the proponent will determine:

the relative importance of the various environment factors and / or specific elements within those factors potentially affected by the project, and

the significance of the potential effects.

The proponent may develop relative weightings for transportation benefits and environmental factors.

For the evaluation, the proponent will establish a ―do nothing‖ scenario as a baseline for the preferred alternative(s).

The proponent will undertake the process outlined above in consultation with external agencies and interested persons (see section 5.2.7).

The proponent may determine during the evaluation phase that the alternative methods should be modified or discarded, that additional alternatives should be identified, or that additional engineering and / or environmental studies are necessary to support the evaluation and support the decision-making process.

The end result of this process is to evaluate the reasonable alternative methods for a given project. The proponent will document the development of the evaluation process in the Transportation Environmental Study Report (see section 5.4.5).

5.2.6 Select the Preferred Alternative Method in Planning [P.4]

From the alternatives, the proponent will select the alternative method(s) that achieves the greatest overall transportation benefit while minimizing the overall negative net environmental effects (called the preferred alternative method) by:

using net environmental effects (i.e., anticipated after applying typical protection measures4) as the basis for comparing alternative methods

removing from further consideration any alternative methods that have significant negative net environmental effects but no significant transportation benefit

assessing the overall transportation benefit of the remaining alternative methods including their ability to meet the transportation objectives (see section 5.2.1)

selecting the alternative method (or aggregate of alternatives) that achieves the greatest overall transportation benefit while minimizing the overall negative net environmental effects

4 Specific environmental information and design detail is needed to

develop actual protection measures. These are developed later in the design process. As such, evaluations in Planning and Preliminary Design stages are done using typical or anticipated protection measures to estimate net environmental effects.




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documenting the selection process for the preferred alternative method in the Transportation Environmental Study Report (see section 5.4.5).

While the proponent selects the preferred alternative method, consultation with stakeholders on transportation planning and environmental protection issues may result in the modification or even re-examination of the preferred alternative method (see section 5.2.4). Once the preferred alternative method has been selected, the proponent will undertake additional work to refine the design.

5.2.7 Undertake Consultation [C.3] during the Consideration of Alternative Methods in Planning [P.2 to P.4]

The proponent will consult with external agencies and interested persons at least once during the period between identifying alternative methods in Planning [P.2] and selecting the preferred alternative method [P.4]. As a minimum, the proponent will seek input from external agencies and interested persons on the approach used to evaluate the preferred alternative method. The proponent will undertake this consultation by following:

the Principles of Consultation (see Chapter 4), and

the consultation process detailed in Chapter 8: Consultation.

As noted earlier, the proponent may seek additional consultation, depending on the nature of the project, in order to follow the Principles of Consultation.

The proponent will document the process and results of the consultation in the Transportation Environmental Study Report (see section 5.4.5).

5.3 RECOGNITION OF PREVIOUS PLANNING WORK

In some cases, the project being considered under the MTO Class EA may be the result of previous planning work carried out either by the proponent or a government agency (e.g., MTO) - work that was done outside the MTO Class EA process. In such cases, the MTO Class EA process can recognize this work and incorporate it into the Class EA, to avoid duplication of work by the proponent. In fact, the proponent can sometimes use such previous planning work to limit or replace the examination of alternative methods in Planning and the study of the existing environment in the planning stage of the MTO Class EA. In order to do this, however, the proponent must demonstrate that the external planning included the following:

an examination of reasonable alternatives

consideration of the environment and environmental effects

consultation with interested persons and regulatory agencies

an ability for the public to inspect the planning document(s) in its entirety, and

approval by a recognized decision-making body in a transparent manner, such as municipal council resolution or a government policy decision.




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The proponent is expected to document the rationale for limiting or replacing the planning components of the MTO Class EA in the Transportation Environmental Study Report (see section 5.4.5).

5.4 PRELIMINARY DESIGN

In the Preliminary Design stage for Group A projects, the proponent refines the project from the fundamentals determined in the Planning stage to a level of detail that is specific enough to determine that the design of the project is technically and economically feasible to construct, and that it is feasible to secure environmental permits, approvals and authorizations. To refine the project, the proponent considers a reasonable range of design alternatives, selecting the one that achieves the greatest overall transportation benefit while minimizing the overall negative net environmental effects. During the consideration of design alternatives, the proponent consults with external agencies and interested persons. At this stage, the proponent may complete the MTO Class EA process for Group A projects by publishing the Transportation Environmental Study Report and inviting public comment on the report and the project. As shown in Figure 5.1, the proponent undertakes the following components during the Preliminary Design stage:

Identify design alternatives [PD.1].

Evaluate design alternatives [PD.2].

Select preferred design alternative [PD.3].

Undertake consultation [C.4] with interested persons and external agencies to identify and evaluate design

alternatives and select the preferred design alternative [PD.1 to PD.3].

Prepare the Transportation Environmental Study Report [PD.4].

Publish the Notice of Completion and begin public review [C.5].

Prepare MTO Class EA Process Completion Statement [PD.5].

5.4.1 Identify Design Alternatives [PD.1]

The proponent will identify a reasonable range of design alternatives. The design alternatives are typically made up from different combinations of design elements. The proponent will do this by:

identifying initial design alternatives, and

reviewing the initial design alternatives and selecting a reasonable range of design alternatives.

When identifying design alternatives, the proponent may decide to re-evaluate the preferred alternative method from the Planning stage in light of new information that has become available.




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Identifying initial design alternatives

The proponent will identify an initial range of design alternatives in accordance with the Principles of Transportation Planning and Design for the Identification of Alternatives (see Chapter 4). The number of design alternatives considered for any given project varies with the nature of the project’s problems and opportunities, the type and complexity of the project and the nature of the study area. To identify design alternatives, the proponent typically considers design elements such as:

For linear facilities:

o calculated horizontal and vertical alignment

o design speed

o typical project cross-section covering elements such as:

typical right-of-way requirements

number of lanes / tracks

median width and type

shoulder type

ditches.

Need / location / type of elements such as:

o interchanges and intersections

o bridges and culverts (including span and width)

o stormwater management facilities

o illumination and traffic signals

o safety infrastructure.

For service, maintenance and operations facilities:

o the need / location / type of site components

o connection with transportation system (ramps, roads, shipping lanes, transitway)

o docking requirements (ferry ports), platform requirements (transitway)

o buildings

o internal roads

o parking

o illumination

o safety infrastructure

o auxiliary facilities (e.g., storage, washrooms, telephones).

Typically, the proponent will gather more detailed information on specific environmental factors within the study area.

Reviewing design alternatives

The proponent will review the design alternatives with the goal of:

identifying and assessing specific features of the environment in sufficient detail for determination of potential effects

identifying the potential effect of each design alternative and typical / anticipated protection measures




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determining the substantial net environmental effects of each design alternative to allow for evaluation (following the Principles of Environmental Protection described in Chapter 4).

The proponent may modify design alternatives as needed as the work above moves forward.

The proponent will identify a reasonable set of design alternatives in sufficient detail (in terms of design and net environmental effects) to permit evaluation. The proponent will document the design alternatives and supporting information in the Transportation Environmental Study Report (see section 5.4.5).

5.4.2 Evaluate Design Alternatives [PD.2]

The proponent undertakes comparative evaluation of the design alternatives to provide a basis for selecting a preferred design alternative, following the Principles for Evaluating Alternatives outlined in Chapter 4. The proponent will develop an approach to evaluating design alternatives that is appropriate for the project, as described in section 5.2.5.

The following is a typical evaluation process for design alternatives the proponent undertakes for an MTO Class EA Group A project:

A method for evaluating the design alternatives is determined, often in consultation with interested persons.

Indicators are selected. Indicators are a measurable variable or characteristic of a transportation benefits and environmental factors and / or parts of those factors that can be used to determine the degree of benefit or effect.

Weightings are developed, often in consultation with interested persons. A weighting is a value assigned to a transportation benefit or environmental factor (or parts thereof) to make its effect on the evaluation reflect its importance.

The proponent conducts a comparative analysis of advantages and disadvantages for each design alternative, based on the indicators for the transportation benefits and net environmental effects and their weightings.

The proponent will document the evaluation process and results in the Transportation Environmental Study Report (see section 5.4.5).

During the evaluation, the proponent may determine that:

design alternatives should be modified or discarded

additional design alternatives should be identified, or

additional design and / or environmental studies are needed to support the evaluation.

After undertaking any of the above, the proponent will re-evaluate the design alternatives.




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5.4.3 Select Preferred Design Alternative [PD.3]

The proponent will undertake a selection process that includes the following steps:

using net environmental effects (i.e., the anticipated environmental effects after applying typical protection measures) as a basis to compare design alternatives

removing from further consideration any design alternative that has considerable negative net environmental effects but no significant transportation benefit

assessing the overall transportation benefit of the remaining design alternatives (including their ability to meet the transportation objectives, see section 5.2.1)

selecting the design alternative (or aggregate of alternatives) that achieves the greatest overall transportation benefit while minimizing the overall negative net environmental effects (called the preferred design alternative)

documenting the selection process for the preferred design alternative in the Transportation Environmental Study Report (see section 5.4.5).

While the proponent selects the preferred design alternative, consultation with external agencies and interested persons (see section 5.2.7) on design and environmental protection issues may result in modifying or even re-examining the preferred alternative. The proponent will then refine (i.e., continue designing in more detail) the preferred alternative.

The proponent will document the selection process and results in the Transportation Environmental Study Report (see section 5.4.5).

5.4.4 Undertake Consultation [C.4] during the Consideration of Design Alternatives [PD.1 to PD.3]

During the consideration of design alternatives, the proponent will consult with external agencies and interested persons. Among other things, this consultation is intended to gather input on the identification, evaluation and / or selection process and results, to ensure the concerns of external agencies and interested persons have been adequately considered and addressed. The proponent will undertake consultation at least once before publishing the Notice of Completion [C.5]. The proponent will undertake consultation:

following the Principles of Consultation (see Chapter 4), and

in accordance with the consultation process detailed in Chapter 8: Consultation.

The proponent will seek additional consultation as needed to apply the Principles of Consultation (see Chapter 4) and / or satisfy other project-specific needs, using the direction provided in Chapter 8: Consultation.

The proponent will document the process and results of all consultation in the Transportation Environmental Study Report (see section 5.4.5).




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5.4.5 Prepare Transportation Environmental Study Report [PD.4]

The proponent will complete the preparation of the Transportation Environmental Study Report (TESR) that has been in ongoing development during the Planning and Preliminary Design stages. In the TESR, the proponent will describe:

how the requirements of the MTO Class EA for the project were met during the planning and design process

how the project achieves the greatest overall transportation benefit while minimizing overall negative net environmental effects through the assessment of reasonable alternatives

other key decisions, and

commitments for consultation and environmental protection to carry forward.

Detailed guidance on preparing the TESR report is provided in Chapter 9: Documentation.

5.4.6 Publish Notice of Completion and Start Public Review [C.5]

The Notice of Completion informs external agencies and interested persons that the MTO Class EA process has been completed and that the Transportation Environmental Study Report (TESR) is available for review. The review period provided must be for a minimum of 30 days, as outlined in Chapter 8: Consultation.

The public review period is the last opportunity for interested persons to comment and raise issues with the project. As described in Chapter 8, the proponent will seek to address comments and resolve issues identified by concerned persons. However, if the proponent and the concerned person cannot reach a resolution, the concerned person may send a request to the Minister of the Environment to make a Part II Order. The process for resolving issues raised during the public review period is provided in Chapter 8: Consultation.

This marks the end of the MTO Class EA process5 for a Group A project with:

The resolution of any Part II Order requests (the request has been withdrawn or the Minister of the Environment has made a decision) and including any conditions on the project from the Ministry of the Environment, and

The proponent addresses/documents any comments received during the public review, including any conditions on the project that the Ministry of the Environment may have imposed from its review of Part II Order requests.

If the Minister of the Environment makes a Part II Order, the Order changes the MTO Class EA project to a project that is subject to an individual EA process

5 With completion of the Class EA, the proponent has fulfilled the

requirements of the Environmental Assessment Act and the project becomes an ―approved project‖. See glossary for complete definition.




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requiring approval of the Minister of the Environment under Part II of the Environmental Assessment Act.

5.4.7 Prepare the MTO Class EA Process Completion Statement [PD.5]

The MTO Class EA Process Completion Statement is an internal document created by the proponent to mark the completion of the MTO Class EA process. Among other things, the Statement is prepared in order to help the proponent obtain the necessary permits and approvals to carry out the project. Guidance on preparing the MTO Class EA Process Completion Statement is provided in Chapter 9: Documentation.

5.5 COMBINING PRELIMINARY AND DETAIL DESIGN STAGES

The proponent may choose to combine the Preliminary Design and Detail Design stages of the process. If these stages are combined, the proponent undertakes all of the components of both stages and documents all key decision and consultation in the TESR. The proponent does not undertake component [DD.3] ―document the EA commitment fulfillment‖ and as such does not produce a DCR.

5.6 IMPLEMENTING THE APPROVED PROJECT

The proponent implements the approved MTO Class EA project in two stages: Detail Design and Construction.

5.6.1 Detail Design

In the Detail Design stage, the proponent completes the design for the project. The components of Detail Design are discussed below and shown in Figure 5.1. The proponent generally undertakes Detail Design after the completion of the MTO Class EA process. In some cases, the proponent may choose to complete the design of the project before publishing the Notice of Completion (i.e., Combining Preliminary and Detail Design). For further details, see section 5.5.

In the Detail Design, the proponent:

refines and finalizes the design of the project [DD.1]

obtains environmental permits and approvals [DD.2] applicable to the project(s) and required prior to construction

meets the commitments applicable to the design, such as consultation, made during the MTO Class EA process, as documented in the Transportation Environmental Study Report (TESR)

documents the above in the Design and Construction Report (DCR), see Chapter 9: Documentation for details [DD.3]

provides notification when the Design and Construction Report is completed (see Chapter 8: Consultation) to those external agencies and / or interested persons identified by the proponent, and

completes the construction contract package [DD.4].




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In some cases, new information becomes available during the Detail Design stage that prompts the proponent to re-evaluate the approved project.

5.6.1.1 Reviewing and Changing the Approved Project in Detail Design

The proponent may determine that the anticipated net environmental effects of the project have significantly changed from those predicted in the TESR, either because:

additional information about the environment was discovered during Detail Design, and / or

changes or refinement have been made to the project’s design.

In such cases, the proponent will follow the process for making changes to the TESR as detailed in Chapter 10: Review and Change Process for an Approved Project.

5.6.2 Construction

Any outstanding permits, approvals or authorization required under other legislation are obtained and the approved project is constructed.

Note: pre-construction activities (such as geotechnical investigations, contaminated property decommissioning and archaeological salvage) are pre-approved activities (see Chapter 3: Classification of Projects and Activities for Group D activities) and are not considered part of the Group A project for MTO Class EA purposes.

5.7 REVIEW OF AN APPROVED MTO CLASS EA PROJECT AFTER 10 YEARS

There may be a span of years between the issuing of the MTO Class EA Process Completion Statement and the implementation of the project (either Detail Design and / or Construction). For any portion of a project for which implementation has not commenced within 10 years, the proponent will follow the conditions and processes detailed in Chapter 10: Review and Change Process for an Approved Projects.




6 MTO CLASS EA PROCESS FOR GROUP B

PROJECTS

TABLE OF CONTENTS

6.1 INTRODUCTION .............................................................................................................................................. 6-3


6.1.2 Comparison of the MTO Class EA Processes ............................................................................................ 6-5

6.2 PLANNING AND PRELIMINARY DESIGN STAGE ........................................................................................... 6-7

6.2.1 Review Transportation Needs Assessment Process Results [P.1] ............................................................ 6-8

6.2.2 Consider Alternative Methods in Planning [P.2] ......................................................................................... 6-8

6.2.3 Undertake Consultation [C.2] during the Consideration of Alternative Methods in

Planning [P.2] ........................................................................................................................................... 6-10

6.2.4 Recognition of Previous Planning Work ................................................................................................... 6-10

6.2.5 Publish Notice of Commencement [C.1]................................................................................................... 6-11

6.2.6 Consider a Reasonable Range of Design Alternatives [PD.1 to PD.3] ..................................................... 6-11

6.2.6.1 Identify design alternatives [PD.1] ............................................................................................................ 6-11 6.2.6.2 Evaluate design alternatives [PD.2] ......................................................................................................... 6-12 6.2.6.3 Select the preferred design alternative [PD.3] .......................................................................................... 6-13

6.2.7 Undertake Consultation [C.2] during the Consideration of Design Alternatives

[PD.1 to PD.3] .......................................................................................................................................... 6-13

6.2.8 Prepare Transportation Environmental Study Report (TESR) [PD.4] ....................................................... 6-13

6.2.9 Publish Notice of Completion and Start Public Review [C.3] .................................................................... 6-13

6.2.10 Prepare MTO Class EA Process Completion Statement [PD.5] ............................................................... 6-14

6.3 COMBINING THE PLANNING AND PRELIMINARY DESIGN STAGE AND THE

DETAIL DESIGN STAGE ................................................................................................................................ 6-15




6.4 IMPLEMENTING THE APPROVED PROJECT ............................................................................................... 6-15

6.4.1 Detail Design ............................................................................................................................................ 6-15

6.4.1.1 Reviewing and Changing the Approved Project in Detail Design ............................................................. 6-17 6.4.2 Construction ............................................................................................................................................. 6-17

6.5 PROJECT RECLASSIFICATION PROCESS .................................................................................................. 6-17

6.6 REVIEW OF AN APPROVED MTO CLASS EA PROJECT AFTER TEN YEARS ............................................ 6-18

TABLES Table 6.1: Key Differences Between the MTO Class EA Process for Group A and Group

B projects ............................................................................................................................................... 6-6 FIGURES

Figure 6.1: Class Environmental Assessment (EA) Process for Group B Projects .................................................. 6-4

Figure 6.2: Class Environmental Assessment (EA) Process for Group B Projects With Planning andPreliminary Design Stage Combined with Detail Design Stage ....................................... 6-16




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6.1 INTRODUCTION

Group B projects are defined as major improvements to existing provincial transportation facilities, and are described in detail in Chapter 3: Classification of Projects and Activities. Through the MTO Class EA process for Group B projects, the proponent applies systematic decision-making to identify, evaluate and select an alternative that achieves the greatest overall transportation benefit (and as a minimum addresses the project objectives) while minimizing the overall negative net environmental effects. As described in Chapter 4: MTO Class EA Principles and General Process, the MTO Class EA process allows this to be accomplished through the following steps:

Define problems / opportunities.

Consider alternatives to the undertaking (i.e., functionally different ways of approaching and dealing with the identified problems and opportunities).

Consider alternative methods for undertaking the project by:

o identifying a reasonable range of alternatives, where feasible, and considering all aspects of the environment for each alternative

o evaluating transportation planning and design alternatives and net environmental effects of alternatives

o selecting the alternative that achieves the greatest overall transportation benefit while

minimizing the overall negative net environmental effects.

Consult with external agencies and interested persons.

Prepare project documentation.

Implement the "approved" project6 .

The proponent carries out the above general EA steps during the Planning and Preliminary Design stage of a Group B project by undertaking the MTO Class EA components (identified by a letter and number within a square bracket) shown in Figure 6.1. This chapter should be read in conjunction with the figure. These components include:

reviewing the transportation needs assessment process results [P.1] for problems and opportunities, and considering alternatives to the undertaking

considering alternative methods in Planning [P.2] (if needed) and considering design alternatives [PD.1 to PD.3]

6 ―Approved‖ in this Class EA is used to mean that a project has

complied with and completed the class environmental assessment process for the applicable Group and has no outstanding Part II Order requests. See glossary for a full definition.


Detail Design

Consider Alternatives to

the Undertaking

Consider Alternative Methods for the

Project

Prepare Project

Documentation Implement the Approved

Project

Define Problems /

Opportunities

Consult

Issue resolution



requests (if applicable)

- see Chapter 8

NOTE: The flowchart should be read in conjunction with corresponding sections of this Class EA.

Document compliance with EA commitments [DD.3]

Figure 6.1 Class Environmental Assessment (EA) Process for Group B Projects

Planning and Preliminary Design

Review transportation

needs assessment

process results [ P.1]

for problems / opportunities

and Alternatives to the

undertaking

Consider a range of alternatives

methods in Planning; [P.2], as

needed

Identify design alternatives

[PD.1]

Publish Notice of Commencement

[C.1]

Evaluate design alternatives

[PD.2]

Select preferred

design alternative

[PD.3]

Prepare Transportation Environmental Study Report (TESR) [PD.4]

Publish Notice of Completion and

start 30 day public review [C.3]

Class EA process complete (prepare Class EA Process

Completion Statement) [PD.5]

Undertake consultation [C.2] with external agencies and interested persons as earlyin the study process as feasible and will include consultation on consideration of design alternatives [PD.1 to PD.3]. The timing, amount and type of consultation will vary according to the project.

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Refine and finalize design [DD.1]

Obtain required environmental permits and

approvals [DD.2]

Prepare construction contract package

[DD.4]

Undertake additional consultation as specified in EA commitments

EA commit-ments carried forward

The MTO Class EA process is principle-based. The planning and design process may be adjusted to address project specific needs. The order of components may change, components may be repeated, and the TESR may include commitments to undertake further design refinements and additional consultation in Detail Design. Preliminary Design stage and the Detail Design stage may be combined – see Figure 6.2.

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consulting [C.2] with external agencies and interested persons (while consultation is shown in Figure 6.1 as a discrete component, it is generally ongoing throughout the project)

preparing and publishing the Transportation Environmental Study Report [PD.4], and

implementing the project.

Because the MTO Class EA process is principle-based (see section 6.1.1), the proponent may change the order of components or combine the components as needed. Moreover, the decision-making process is iterative. The proponent may therefore repeat components (or parts of components) as new information becomes available.

As a project proceeds, the proponent has the option of dividing it up into distinct projects as follows:

After the Planning and Preliminary Design stage, a project may be split into a number of Detail Design projects conducted over several years.

After the Detail Design stage, a project may be implemented as a number of Construction projects implemented over several years.


The MTO Class EA principles apply broadly across the MTO Class EA process for Group B projects, and proponents will consider these principles in each process decision. The principles are described in detail in the following chapters:

Chapter 4: MTO Class EA Principles and General Process, and

Chapter 8: Consultation.

6.1.2 Comparison of the MTO Class EA Processes

While the MTO Class EA processes for Group A and Group B projects are similar, there are several key differences, as summarized in Table 6.1.




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Table 6.1 Key Differences Between the MTO Class EA Process for Group A and Group B projects

MTO Class EA Stage or

Component

MTO Class EA Process for:

Group A projects (New transportation facilities)

Group B projects (Major improvements to existing

transportation facilities)

Planning stage A separate stage in the process, in which alternative methods in Planning are considered.

Planning and Preliminary Design are one stage. Alternative methods in Planning are only considered for those projects or portion of projects where more than one reasonable alternative method exists. Design alternatives are considered in the combined Planning and Preliminary Design Stage. There may be a limited number of design alternatives for some projects.

Preliminary Design stage

A separate stage in the process, in which design alternatives are considered.

Consultation A minimum of three consultation points are identified:

1) during the review of the transportation needs assessment process results

2) during the consideration of alternative methods in Planning, and

3) during the consideration of design alternatives in the Preliminary Design.

A minimum of one consultation point is identified, during the consideration of design alternatives in the Preliminary Design.




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6.2 PLANNING AND PRELIMINARY DESIGN STAGE

The MTO Class EA process for Group B projects occurs under a single stage called Planning and Preliminary Design. This stage includes both Planning and Preliminary Design components. Depending on the scale and complexity of the major improvements to the existing provincial transportation facilities, the Planning aspect of the project may be very limited. Work may therefore be focused on Preliminary Design components.

The overall goal of this stage is to plan and design a transportation project that achieves the greatest overall transportation benefit, while minimizing the overall net environmental effects. At the end of the Planning and Preliminary Design Stage, the proponent has completed the design to a level of detail where the proponent can determine:

• the technical and economical feasibility of implementing the project, and

• the feasibility of securing environmental permits, approvals and authorizations required to implement the project.

As shown in Figure 6.1, the proponent undertakes the general MTO Class EA process through the following Planning and Preliminary Design components, which are discussed in detail in the following sections:

• Planning components:

o Review transportation needs assessment process results [P.1].

o Consider alternative methods in planning (identify and evaluate alternatives and select the preferred alternative) [P.2].

• Preliminary Design components:

o Publish Notice of Commencement [C.1]. o Consider alternative methods in planning (identify

and evaluate alternative methods in planning and select the preferred option [PD.1 to PD.3]).

o Consult [C.2] during the consideration of alternative methods in design [PD.1 to PD.3].

o Prepare the Transportation Environmental Study Report [PD.4].

o Publish the Notice of Completion and start the public review [C.3].

o Prepare the MTO Class EA Process Completion Statement [PD.5].

Under certain conditions, the proponent may limit or replace the examination of alternative methods in planning in the Planning stage of the MTO Class EA, based on previous planning work. This approach is described in section 6.2.4: Recognition of Previous Planning Work.




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6.2.1 Review Transportation Needs Assessment Process Results [P.1]

As described in Chapter 1, the transportation needs assessment process consists of research and feasibility work carried out by the Ministry of Transportation or others prior to the beginning of the MTO Class EA process. At the beginning of the Planning and Preliminary Design stage, the proponent will review the results of the transportation needs assessment. The purpose of this review is to bring the results of the transportation needs assessment into the MTO Class EA process after a Group B project has been identified. During the review, the proponent will identify and assess the following information:

the transportation problems and opportunities and the statement of objectives - ―the purpose of the undertaking‖ under the Environmental Assessment Act (where defined)

the reasonable alternatives to the undertaking selected, and

the preliminary study area (also called the analysis area) and corridors, where appropriate to the project.

Based on the review, the proponent may reject, modify, refine, and / or confirm the results of the transportation needs assessment. The proponent may also need to augment the considerations of alternatives to the undertaking considered during the transportation needs assessment, to meet the requirements of the Environmental Assessment Act.

During the review of the transportation needs assessment results, the proponent:

gathers preliminary data

analyzes the existing environmental and transportation conditions, and

identifies initial environmental and transportation constraints.

The outcome of the review will provide:

a description of transportation problems and opportunities

a description of the transportation objectives - ―the purpose of the undertaking‖ under the Environmental Assessment Act

a recommended alternative to the undertaking that is to be carried forward, and

a preliminary study area and options for new corridors, if applicable.

The proponent will document the outcome of the review of the transportation needs assessment process results in the Transportation Environmental Study Report (TESR) (see section 6.2.8).

6.2.2 Consider Alternative Methods in Planning [P.2]

In general, proponents will only consider alternative methods in Planning for projects or portions of projects for which there are reasonable alternative methods (i.e., projects that are larger and more complex).




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For some Group B projects (e.g., twinning of an existing highway), the proponent will need to consider a range of reasonable alternative methods in Planning to understand the fundamentals of the project, including such things as facility type, basic plan and profile (see Appendix B for examples elements that are combined for alternative methods for Group B projects). By contrast, other projects have the fundamentals essentially established by the scope and nature of the project (e.g., a new freeway median barrier). For such projects, there may not be any reasonable alternative methods for the proponent to consider in Planning. In considering a reasonable range of alternative methods, the proponent will:

Identify alternative methods that meet the transportation objectives7, following the Principles of Transportation Planning and Design for the Identification of Alternatives provided in Chapter 4. The proponent will assess each alternative method to:

o identify significant beneficial and detrimental aspects of each alternative method in relation to both transportation planning and design factors and the net environment effects (i.e., anticipated after applying typical protection measures8), as

7 The statement of objectives from the reviews of the transportation

needs assessment process results. 8 Specific environmental information and design detail is needed to

develop actual protection measures. These are developed later in the design process. Accordingly, evaluations in Planning and

outlined in the description of Environmental Principles in Chapter 4

o obtain transportation planning and environmental input by consulting with external agencies and interested persons, as needed

o make any necessary modifications to alternative methods as a result of the input and consultation

o ensure the feasibility of any alternative that is carried forward.

Evaluate the alternatives systematically and select the alternative (called the ―preferred alternative‖) that achieves the greatest overall transportation benefit while minimizing the overall negative net environmental effects, following the Evaluation Principles in Chapter 4 - MTO Class EA Principles and General EA Process. Proponents will carry out this evaluation in consultation with external agencies and interested persons, as needed (see section 6.2.3).

Select the preferred alternative method.

Additional details regarding the consideration of alternative methods in Planning are provided in Chapter 5.

This part of the process enables the proponent to identify preferred alternative methods in Planning that can be carried forward for further refinement. The

Preliminary Design stage are done using typical or anticipated protection measures to estimate net environmental effects.




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proponent will document the process for considering alternative methods in the Transportation Environmental Study Report (TESR) (see section 6.2.8). In the TESR, the proponent will also describe the effect, if any, that project-specific conditions had on limiting the number of reasonable alternative methods considered in Planning.

6.2.3 Undertake Consultation [C.2] during the Consideration of Alternative Methods in Planning [P.2]

If the proponent considers alternative methods in Planning, then the proponent will seek input from external agencies and interested persons. In this regard, the proponent will apply the Principles of Consultation described in Chapter 4, using the detailed direction provided in Chapter 8: Consultation. The proponent may seek additional consultation, depending on the nature of the project, in order to follow the Principles of Consultation.

Prior to consultation, the proponent will publish the Notice of Commencement [C.1] (see section 6.2.5). The Notice of Commencement may be combined with the notification for a Public Information Centre or other notifications.

The proponent will document the process and results of any consultation in the Transportation Environmental Study Report (see section 6.2.8).

6.2.4 Recognition of Previous Planning Work

In some cases, a project being considered under the MTO Class EA may be the result of previous planning work that was carried out by the proponent or government agency (e.g., MTO), but outside of the MTO Class EA process. The MTO Class EA process provides for this work to be recognized, to avoid the duplication of work by the proponent. In recognition of such previous planning work, for example, the proponent may limit or replace the examination of alternative methods in Planning and the study of the existing environment in the planning stage of the MTO Class EA.

To do this, however, the proponent must demonstrate that the external planning included the following:

an examination of alternatives

consideration of the environment and environmental effects

consultation with interested persons and regulatory agencies

public access / opportunity to inspect the planning document(s) in its entirety, and

approval by a recognized decision-making body in a transparent manner, such as through municipal council resolution or a government policy decision.

The proponent will document the rationale for limiting or replacing the planning components of the MTO Class EA in the Transportation Environmental Study Report (see section 6.2.8).




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6.2.5 Publish Notice of Commencement [C.1]

The Notice of Commencement announces the start of the MTO Class EA process. It also provides information to external agencies and interested persons about what is being proposed and how they can get involved. The proponent will publish a Notice of Commencement ideally before consulting with external agencies and interested persons. However, depending on the schedule, the proponent may need to engage external agencies and interested persons with respect to acquiring information pertinent to the project before publishing the Notice.

Chapter 8: Consultation contains further details about the content of the Notice, and how it is given. In general, the proponent will publish the Notice in an accessible location such as a newspaper and / or on a website. Moreover, the proponent will document the Notice’s content and how it was published in the Transportation Environmental Study Report (see section 6.2.8).

6.2.6 Consider a Reasonable Range of Design Alternatives [PD.1 to PD.3]

Design alternatives are typically various combinations of design elements that are at a greater level of detail than alternative methods in Planning. Appendix B includes examples of typical design alternatives for Group B projects. The alternative selected (called the ―preferred‖ design alternative) is the one that achieves the greatest overall transportation benefit while minimizing the overall

negative net environmental effects. Once selected, the preferred design alternative is then refined to the desired level of detail, which is sufficient to determine:

the technical and economic feasibility of constructing the design, and

the feasibility of securing environmental permits, approvals and authorizations based on the design.

In some cases, the additional work undertaken and new information that becomes available during the identification of design alternatives may lead the proponent to re-evaluate the preferred alternative method in Planning.

In considering a range of design alternatives, the proponent will:

identify design alternatives [PD.1]

evaluate design alternatives [PD.2]

select the preferred design alternative [PD.3].

The following sections provide a general description of these components. Additional detail on considering design alternatives is provided in Chapter 5.

6.2.6.1 Identify design alternatives [PD.1]

The proponent will identify a reasonable range of design alternatives that meet the transportation objectives, following the Transportation Planning and Design Principles for the Identification of Alternatives provided in Chapter 4. Examples of design alternatives




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are included in Appendix B. The proponent will assess design alternatives prior to evaluation in order to:

identify important advantages and disadvantages of each design alternative, in relation to transportation planning and design benefits (see Transportation Planning and Design Principles for the Identification of Alternatives provided in Chapter 4) and potential net environment effects, as outlined in the Principles of Environmental Protection in Chapter 4

obtain input on transportation planning and design factors and environmental conditions by consulting with external agencies and interested persons, as needed

make any necessary modifications to design alternatives as a result of the consultations, and

ensure that any alternative selected is feasible.

6.2.6.2 Evaluate design alternatives [PD.2]

The proponent undertakes comparative evaluation of the design alternatives to provide a basis for selecting a preferred design alternative, following the Principles for Evaluating Alternatives outlined in Chapter 4. The proponent will develop an approach to evaluating design alternatives appropriate for the project, see Chapter 5 for details.

The following is a typical evaluation process for design alternatives the proponent undertakes for a MTO Class EA Group B project:

A method for evaluating the design alternatives is determined

Indicators are selected. Indicators are a measurable variable or characteristic of a transportation benefits and environmental factors and / or parts of those factors that can be used to determine the degree of benefit or effect, and

Weightings may be developed. A weighting is a value assigned to a transportation benefit or environmental factor (or parts thereof) to make its effect on the evaluation reflect its importance.

Proponent conducts a comparative analysis of advantages and disadvantages for each design alternative based on the indicators for the transportation benefits and net environmental effects and any weightings.

The proponent will document the evaluation process and results in the Transportation Environmental Study Report (TESR) (see section 6.2.8).

During the evaluation, the proponent may determine that:

design alternatives should be modified or discarded

additional design alternatives should be identified, or

additional design and / or environmental studies are needed to support the evaluation.

After undertaking any of the above, the proponent will re-evaluate the design alternatives.




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6.2.6.3 Select the preferred design alternative [PD.3]

The proponent will select the design alternative that achieves the greatest overall transportation benefit while minimizing the overall negative net environmental effects. Chapter 5 includes additional details on selecting a preferred design alternative. Once selected, the preferred design alternative is then refined. The proponent may decide to continue to refine the project and undertake components of the Detail Design stage before completing the MTO Class EA.

The proponent will document the above process in the Transportation Environmental Study Report (see section 6.2.8).

6.2.7 Undertake Consultation [C.2] during the Consideration of Design Alternatives [PD.1 to PD.3]

During the consideration of design alternatives, the proponent will seek input from external agencies and interested persons. Among other things, this requirement is designed to ensure that the concerns of external agencies and interested persons are considered.

At a minimum, the proponent will engage in consultation with external agencies and interested persons during the consideration of design alternatives [PD.1 to 3]. The proponent will seek additional consultation as needed to apply the Principles of Consultation (see Chapter 4) and / or satisfy other project-specific needs, using the direction provided in Chapter 8: Consultation.

The proponent will document the consultation process and results in the Transportation Environmental Study Report (see section 6.2.8).

6.2.8 Prepare Transportation Environmental Study Report (TESR) [PD.4]

The proponent will complete the preparation of the Transportation Environmental Study Report that has been in ongoing development during the Planning and Preliminary Design stage. In the TESR, the proponent will describe:

how the requirements of the MTO Class EA for the project have been met during the planning and design process

how the project achieves the greatest overall transportation benefit while minimizing overall negative net environmental effects through the assessment of reasonable alternatives

other key decisions, and

commitments for consultation and environmental protection that are being carried forward.

Detailed guidance on preparing the TESR is provided in Chapter 9: Documentation.

6.2.9 Publish Notice of Completion and Start Public Review [C.3]

The Notice of Completion informs external agencies and interested persons that the MTO Class EA process has been completed, and that the Transportation




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Environmental Study Report is available for review. The public review period must be for a minimum of 30 days, as indicated by the requirements outlined in Chapter 8: Consultation.

The public review period is the last opportunity for external agencies and interested persons to comment and raise issues with the project. As described in Chapter 8: Consultation, the proponent will seek to address comments and resolve issues identified by concerned persons. However, if the proponent and the concerned person cannot reach a resolution, the concerned person may send a request to the Minister of the Environment to make a Part II Order. The process for resolving issues raised during the public review period is provided in Chapter 8: Consultation.

This marks the end of the MTO Class EA process9 for a Group B project with:

The resolution of any Part II Order requests (the request has been withdrawn or the Minister of the Environment has made a decision) and including any conditions on the project from the Ministry of the Environment.

9 With the completion of the Class EA, the proponent has fulfilled

the requirements of the Environmental Assessment Act and the project becomes an ―approved project‖. See glossary for complete definition.

The proponent addresses / documents any comments received during the public review, including any conditions on the project that the Ministry of the Environment may have imposed from its review of Part II Order requests.

If the Minister of the Environment makes a Part II Order, the Order changes the MTO Class EA project to a project that is subject to an individual EA process requiring approval of the Minister of the Environment under Part II of the Environmental Assessment Act.

6.2.10 Prepare MTO Class EA Process Completion Statement [PD.5]

The MTO Class EA Process Completion Statement is an internal document that is prepared and retained by the proponent, marking the completion of the MTO Class EA process. Among other things, the Statement is prepared in order to help the proponent obtain the necessary permits and approvals to carry out the project. Guidance on preparing the MTO Class EA Process Completion Statement is provided in Chapter 9: Documentation.




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6.3 COMBINING THE PLANNING AND PRELIMINARY DESIGN STAGE AND THE DETAIL DESIGN STAGE

The proponent may combine the Planning and Preliminary Design Stage and the Detail Design Stage. Figure 6.2 shows the components of the Detail Design stage that are included in a combined Planning, Preliminary Design and Detail Design stage. If these stages are combined, the proponent refines and finishes the design prior to completing the MTO Class EA process and documents all key decision and consultation in the TESR. In such cases, the proponent does not undertake component [DD.3] ―document the EA commitment fulfillment‖ and therefore does not produce a DCR.


The approved Group B project is implemented in two stages: Detail Design and Construction.

6.4.1 Detail Design

In the Detail Design stage, the proponent completes the design for the project. The components of Detail Design are discussed below and shown in Figure 6.1. The proponent generally undertakes Detail Design after the completion of the MTO Class EA process. In some cases, the proponent may choose to complete the design of the project before publishing the Notice of Completion (i.e., Combining the Planning and

Preliminary Design Stage and the Detail Design stage). For further details, see section 6.3.

In Detail Design, the proponent:

refines and finalizes the design of the project [DD.1]

obtains environmental permits and approvals [DD.2] applicable to the project(s) and required prior to construction

meets the commitments applicable to the design, such as consultation, made during the MTO Class EA process. as documented in the EA process and the Transportation Environmental Study Report

documents the above in the Design and Construction Report (DCR) [DD.3] (see Chapter 9 for details)

provides notification when completed (see Chapter 8: Consultation) to those external agencies and / or interested persons identified by the proponent, and

completes the construction contract package [DD.4].

In some cases, new information may become available during the Detail Design stage that prompts the proponent to re-evaluate the approved project.


Consider Alternatives To the Undertaking

Consider Alternative Methods for

the Project Prepare Project Documentation Implement the Approved Project

Define Problems /

Opportunities

Consult

Figure 6.2 Class Environmental Assessment (EA) Process for Group B Projects With Planning and Preliminary Design Stage Combined with Detail Design Stage

Planning, Preliminary Design and Detail Design

Review transportation

needs assessment

process results

for problems / opportunities

and Alternatives to

the undertaking

[P.1]

Consider a range of alternatives

methods in Planning; [P.2],

as needed

Identify design

alternatives [PD.1]

Publish Notice of Commencement

[C.1]

Evaluate design

alternatives [PD.2]

Select preferred design

alternative [PD.3]

Prepare Transportation Environmental Study Report

(TESR) [PD.4]

Publish Notice of

Completion and start 30 day public

review [C.3]

Class EA process complete (prepare Class EA Process

Completion Statement)

[PD.5]

Consultation with external agencies and interested persons will occur as early in the study process as feasible and will include consultation on consideration of alternatives methods in Preliminary Design [C.2]. The timing, amount and type of consultation will vary according to the project.

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Refine and finalize design

[DD.1]

Obtain required environ-mental

permits and approvals

[DD.2]


contract package [DD.4]

EA commit-ments carried forward

The MTO Class EA process is principle-based. The planning and design process may be adjusted to address project specific needs. The order of components may change and components may be repeated.

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NOTE: The flowchart should be read in conjunction with corresponding sections of this Class EA

Issue resolution



requests (if applicable)

- see Chapter 8




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6.4.1.1 Reviewing and Changing the Approved Project in Detail Design

The proponent may determine that the anticipated net environmental effects of the project have significantly changed from those predicted in the TESR, either because:

additional information about the environment was discovered during Detail Design, and / or

changes or refinement have been made to the project’s design.

In such cases, the proponent will follow the process for making changes to the TESR as detailed in Chapter 10: Review and Change Process for an Approved Project

6.4.2 Construction


Note: pre-construction activities (such as geotechnical investigations, contaminated property decommissioning and archaeological salvage) are pre-approved activities (see Chapter 3: Classification of Projects and Activities for Group D activities) and are not considered part of the Group B project for MTO Class EA purposes.

6.5 PROJECT RECLASSIFICATION PROCESS

For some Group B projects, the proponent may find that there are no substantial net environmental effects, and that undertaking the consultation and documentation requirements for Group B projects (see Chapters 5 and 6) is not required. For such projects, the proponent may step-down the project from Group B to Group C, and follow the MTO Class EA process for Group C projects. To determine whether it is appropriate to step-down a Group B project to a Group C project, the proponent will consider the following questions as a minimum:

• Does the project involve any environmental issues that the proponent believes may be adversely affected by the project and for which environmental protection beyond standard avoidance / prevention and mitigation / control may be needed?

• Does the project involve any potentially significant property issues?

• Is there a need to provide public documentation of any issues that have been identified?

• Is there a need to consult beyond directly affected landowners and / or external agencies?

• Is there any likelihood for a Part II Order request? (See Chapter 8: Consultation)

If the answer to all of these questions is NO, then the proponent may step-down the Group B project to a Group C project at any time before the Notice of Completion for the Transportation Environmental Study




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Report is published (see section 6.2.8). However, the step-down process is different, depending on whether the proponent provides public notice of the intent to step-down a Group B project before or after the Notice of Commencement.

Step-down process before the Notice of Commencement

In some cases, the proponent may decide to step-down a Group B project before publishing the Notice of Commencement. In such cases, the proponent would not publish a public notice to step-down the project. Accordingly, the questions on factors to consider should be answered, and the proponent must be able to engage any interested persons directly to try and resolve any concerns. For example, the decision to step-down a project before the Notice of Commencement could occur if a truck-climbing lane is proposed and only one landowner is affected. If, through discussions with the landowner, the proponent has determined that the landowner is prepared to sell the property required, a step-down to a Group C project is possible. In this example, the limited environmental concerns could be addressed through consultations with appropriate external agencies.

The proponent will document the decision and rationale for the step-down, and keep the documentation on file.

Step-down process after the Notice of Commencement

In order to step-down a project after the Notice of Commencement has been published, the proponent will:

• publish a public notice stating that the project has been stepped-down from a Group B to a Group C project, and

• provide a 30-day review period, during which interested persons may request that the proponent reconsider the decision by leaving the project in Group B.

The proponent will document the decision and rationale for the step-down, including responses to requests from interested persons, and keep the documentation on file.

6.6 REVIEW OF AN APPROVED MTO CLASS EA PROJECT AFTER 10 YEARS

There may be a span of years between the issuing of the MTO Class EA Process Completion Statement and the implementation of the project (either Detail Design or Construction). For any portion of a project which implementation has not commenced within 10 years, the proponent will follow the conditions and processes detailed in Chapter 10: Review and Change Process for an Approved Project.




7 MTO CLASS EA PROCESS FOR GROUP C

PROJECTS

TABLE OF CONTENTS

7.1 INTRODUCTION .............................................................................................................................................. 7-2


7.2 DESIGN ............................................................................................................................................................ 7-4

7.2.1 Review Transportation Needs Assessment Process Results [D.1] ............................................................ 7-4

7.2.2 Consider Design Alternatives [D.2] ............................................................................................................ 7-5

7.2.3 Undertake Consultation (as needed) [C.1] ................................................................................................. 7-6

7.2.4 Prepare Environmental Screening Document (if applicable) [D.3] ............................................................. 7-6

7.2.5 Prepare MTO Class EA Process Completion Statement (if applicable) [D.4] ............................................. 7-6

7.3 IMPLEMENTING THE APPROVED PROJECT ................................................................................................. 7-6

7.3.1 Obtain required environmental permits and approvals [D.5] ...................................................................... 7-6

7.3.2 Prepare construction contract package [D.6] ............................................................................................. 7-6

7.3.3 Construction ............................................................................................................................................... 7-7

7.4 PROJECT RECLASSIFICATION PROCESS .................................................................................................... 7-7

FIGURES Figure 7.1: Class Environmental Assessment (EA) Process for Group C Projects .................................................. 7-3




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7.1 INTRODUCTION

Group C projects are classed as minor improvements to existing provincial transportation facilities, and are described in detail in Chapter 3: Classification of Projects and Activities. By using the MTO Class EA process for Group C projects, the proponent applies a systematic decision-making process to identify, evaluate and select an alternative that achieves the greatest overall transportation benefit (at a minimum by addressing the project’s objectives) while minimizing the overall negative net environmental effects. As described in Chapter 4: MTO Class EA Principles and General Process, this is carried out through the following steps:

Define problems / opportunities

Consider alternatives to the undertaking (i.e., functionally different ways of approaching and dealing with the identified problems and opportunities)

Consider alternative methods for the project (i.e., different methods of undertaking the project) by:

o identifying a reasonable range of alternatives, where possible, and considering all aspects of the environment for each of the alternatives

o evaluating transportation planning and design factors and net environmental effects of alternatives systematically

o selecting the alternative that achieves the greatest overall transportation benefit while minimizing the overall negative net environmental effects

Undertake consultation with external agencies and interested persons, as needed

Prepare project documentation, and

Implement the approved project10.

The proponent carries out the above general EA steps during the Design stage of a Group C project by undertaking the MTO Class EA components (identified by a letter and number within a square bracket) shown in Figure 7.1. This chapter should be read in conjunction with the figure.

As Group C projects are minor improvements to existing provincial transportation facilities (e.g., installation of new noise barriers), there are typically no reasonable alternatives to the undertaking and the fundamentals of the project are essentially established by the very nature of the project. The MTO Class EA process for Group C projects therefore focuses on design details.

10

―Approved‖ in this MTO Class EA means that a project has complied with and completed the class environmental assessment process for the applicable Group. See glossary for a full definition.


Design

Review

transportation needs assessment process

results [D.1]

The MTO Class EA process is principle-based. The design process may change to address project specific needs. The order of tasks may change and tasks may be repeated. Consultation and documentation is not required for all Group C projects.


contract package

[D.6] Obtain required environmental permits and approvals

[D.5]

Figure 7.1 Class Environmental Assessment (EA) Process for Group C Projects

Consider design alternative [D.2]

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MTO Class EA process complete (prepare MTO

Class EA Process Completion Statement, if

applicable) [D.4]

Undertake consultation [C.1] with directly affected interested persons and external agencies as needed on a project specific basis.

NOTE: The flowchart should be read in conjunction with corresponding sections of this MTO Class EA.

Consider Alternative

Methods for the

Project

Provide Project

Documentation Implement the

Approved Project

Define Problems /

Opportunities

Consult

Consider Alternatives

to the Undertaking

Prepare Environmental Screening Document (ESD), as applicable

[D.3]

EA commitments carried forward

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Because the MTO Class EA process is principle-based (see section 7.1.1), the proponent may change the order of components or combine the components as needed. Moreover, the decision-making process is iterative. The proponent may therefore repeat components (or parts of components) as new information becomes available.


The MTO Class EA principles apply broadly across the Class EA process for Group C projects, and are to be considered in each process decision. Accordingly, the proponent will follow these principles when undertaking the MTO Class EA process for Group C projects. The principles are described in Chapter 4: MTO Class EA Principles and General Process.

7.2 DESIGN

In the Design stage of the Group C process, the proponent undertakes and completes the design of the project by carrying out the following steps:

review transportation needs assessment process results [D.1]

consider design alternatives [D.2]

prepare Environmental Screening Document, if applicable [D.3]

undertake consultation, if needed [C.1]

complete MTO Class EA Process / prepare MTO Class EA Process Completion Statement, if applicable [D.4]

obtain required environmental permits and approvals [D.5], and

prepare construction contract package [D.6].

7.2.1 Review Transportation Needs Assessment Process Results [D.1]

As described in Chapter 1, the transportation needs assessment process consists of research and feasibility work carried out by the Ministry of Transportation or others prior to the beginning of the MTO Class EA process. The purpose of the transportation needs assessment review is to bring the results of the transportation needs assessment process into the MTO Class EA process, when a Group C project has been identified.

At the beginning of the Design stage, the proponent reviews the results of the transportation needs assessment to identify and assess the following information:

transportation problems and opportunities

the statement of objectives - ―the purpose of the undertaking‖ under the Environmental Assessment Act (where defined), and

the basic plan for carrying out the minor improvements needed.




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Group C projects represent minor improvements to existing provincial transportation facilities. Accordingly, there are typically no reasonable alternatives to the undertaking (i.e., functionally different ways of approaching and dealing with a problem or opportunity). Therefore consideration of alternatives to the undertaking during the Class EA process for Group C projects is not required. Any consideration of alternatives to the undertaking typically takes place as part of the transportation needs assessment process.

7.2.2 Consider Design Alternatives [D.2]

The purpose of this component is to identify alternative methods (called design alternatives) of meeting the project’s objectives. Examples of such design alternatives are included in Appendix B. Typically, design alternatives are various combinations of specific design elements. For Group C projects, the various design alternatives are evaluated to provide the basis for selecting a preferred design alternative that achieves the greatest overall transportation benefit while minimizing the overall net environmental effects. It should be noted that in some cases the work required in Group C projects is of such a minor nature that only one solution is available.

While considering design alternatives, the proponent will:

Consider a reasonable range of design alternatives for evaluation in accordance with the Principles of Transportation Planning and Design for the

Identification of Alternatives in Chapter 4. Typically, there are a limited number of design alternatives for Group C projects. The number of alternatives will vary with each specific project, depending on the type and complexity of the project and the nature of the study area (i.e., only one reasonable design alternative).

Review the design alternatives to identify specific environmental factors, determine potential environmental effects and identify the need for environmental factor-specific studies. Undertake a comparative evaluation of the design alternatives, following the Principles for the Evaluation of Alternatives in Chapter 4. The proponent will develop an approach to evaluating design alternatives that is appropriate for the project. Typically, the evaluation approach is qualitative, rather than quantitative. The proponent will select the preferred design alternative that achieves the greatest overall transportation benefit while minimizing the overall negative net environmental effects. If the proponent engages in consultation with external agencies or interested persons on design and environmental protection issues, however, the consultation may result in the modification or even re-examination of the preferred design alternative.

The proponent will document the results of any factor-specific studies in the Environmental Screening Document.




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7.2.3 Undertake Consultation (as needed) [C.1]

The proponent will determine the need for consultation on a project-specific basis. If consultation is undertaken, the proponent will identify the external agencies and / or interested persons with whom to consult and will undertake consultation in accordance with the Principles of Consultation described in Chapter 4: MTO Class EA Principles and General Process, and the consultation process outlined in Chapter 8: Consultation.

The proponent will document the consultation process and its results in the Environmental Screening Document.

7.2.4 Prepare Environmental Screening Document (if applicable) [D.3]

The proponent will prepare the Environmental Screening Document (ESD) if environmental sensitivities are identified. The proponent will prepare the ESD in accordance with the requirements detailed in Chapter 9. The document is produced for internal reference.

The proponent may prepare the ESD any time after the review of the results of the transportation needs assessment process [D.1]. The ESD is a record of the results of investigations and the protection measures selected and / or carried out. The amount and extent of this internal documentation and will vary, depending on the environmental sensitivities identified for each Group C project.

7.2.5 Prepare MTO Class EA Process Completion Statement (if applicable) [D.4]

The MTO Class EA Process Completion Statement is designed to mark the formal end of the MTO Class EA process. Among other things, the publishing of the Completion Statement will assist the proponent to obtain the permits and approvals required to accomplish the work. The proponent will prepare the MTO Class EA Process Completion Statement if an Environmental Screening Document (ESD) has been prepared. The requirements for the Completion Statement are detailed in Chapter 9. The MTO Class EA Process Completion Statement is primarily for internal reference, and is retained the proponent.


7.3.1 Obtain required environmental permits and approvals [D.5]

Once the MTO Class EA process has been completed, the proponent will obtain the environmental permits and approvals that are required for the project, and are necessary prior to construction.

7.3.2 Prepare construction contract package [D.6]

The proponent then integrates environmental protection measures, including environmental design elements and construction constraints, into a construction contract.




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7.3.3 Construction


Note: pre-construction activities (such as geotechnical investigations, contaminated property decommissioning, and archaeological salvage) are pre-approved activities (Group D – see Chapter 3) and are not, for the purposes of the MTO Class EA, considered part of the Group C project.

7.4 PROJECT RECLASSIFICATION PROCESS

With some Group C projects, the proponent may find that a significant change to the project’s design or implementation could result in a significant change to the net environmental effects, as the project proceeds to construction. In such cases, the proponent may decide to step-up the project to Group B, and follow the MTO Class EA process for a Group B project as described in Chapter 6.

To determine if it is appropriate to step-up a Group C project to a Group B project, proponents will consider the following questions (at a minimum):

Does the project now involve any environmental issues of consequence? For example, does implementation of the project include activities described under Group B projects, that could significantly affect a settlement area?

Does the project involve any significant property issues that were not originally anticipated?

Is there a need to provide public documentation of any identified issues?

Is there a need to consult beyond directly affected landowners and / or external agencies?

Is there a need to provide a public review period (See Chapter 8: Consultation)?




8 CONSULTATION

TABLE OF CONTENTS

8.1 INTRODUCTION .............................................................................................................................................. 8-3

8.2 DESCRIPTION OF THE DEFINED CONSULTATION GROUPS ...................................................................... 8-3

8.3 CONSULTATION PLAN .................................................................................................................................... 8-4

8.4 EXTENT OF CONSULTATION ......................................................................................................................... 8-4

8.5 EARLY INVOLVEMENT .................................................................................................................................... 8-7

8.6 CONSULTING WITH ABORIGINAL PEOPLE AND COMMUNITIES ................................................................ 8-7

8.7 METHODS FOR CONSULTING WITH INTERESTED PERSONS .................................................................... 8-8

8.7.1 Public Information Centre (PIC) ................................................................................................................. 8-8

8.7.2 Other Methods of Consultation ................................................................................................................... 8-9

8.8 PROJECT NOTIFICATIONS ............................................................................................................................. 8-9

8.8.1 Methods of Notification ............................................................................................................................. 8-10

8.8.2 Notice of Commencement ........................................................................................................................ 8-10

8.8.3 Notification for a Public Information Centre .............................................................................................. 8-10

8.8.4 Notice of Project Reclassification ............................................................................................................. 8-10

8.8.5 Notice of Completion ................................................................................................................................ 8-10

8.8.6 Notice of Proposed Change to an Approved MTO Class EA Project ....................................................... 8-11

8.8.7 Notice of TESR Addendum Completion ................................................................................................... 8-11

8.8.8 Notification of the Completion (or Revision) of the Design and Construction

Report ...................................................................................................................................................... 8-11




8.9 ISSUE RESOLUTION DURING PUBLIC REVIEW .......................................................................................... 8-11

8.9.1 Principles of Issue Resolution during Public Review ................................................................................ 8-12

8.9.2 Issue Resolution between the Proponent and Concerned Person ........................................................... 8-14

8.9.3 Part II Order Request Process ................................................................................................................. 8-14

8.9.4 Partial or Conditional Approval ................................................................................................................. 8-15

8.10 ALTERNATIVE DISPUTE RESOLUTION ....................................................................................................... 8-15

TABLES

Table 8.1: Consultation Components ...................................................................................................................... 8-5

FIGURES

Figure 8.1: Issue Resolution Process during Public Review .................................................................................. 8-13




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8.1 INTRODUCTION

Effective and meaningful involvement of external agencies and interested persons, including Aboriginal people and communities, is an integral part of Group A and B projects in the MTO Class EA process (see Chapters 5 and 6 respectively) and can also be part of a Group C project (see Chapter 7). Participants in consultation often play a significant role in determining the outcome of a project, by providing input and information and raising issues and concerns about the proposed project. While the MTO Class EA process does not always achieve consensus among external agencies and interested persons, the information and input provided into the process is required to promote environmentally responsible decision-making.

Some projects may affect areas that are traditionally used by Aboriginal people and communities, who hold either established or asserted Aboriginal or treaty rights. Consultation and engagement with interested Aboriginal people and communities is intended to enable proponents to identify and respond to concerns that may be raised by Aboriginal people and communities that could be potentially affected by a project.

Goals of Consultation

The overall aim of consultation is to attempt to meet the expectations of external agencies and interested persons that they will be consulted on projects covered by this MTO Class EA. Consultation plays a key role in achieving the following goals:

identifying public concerns and values

identifying agency mandates, involvement and concerns

collecting information about the existing environment (natural, social, economic, cultural and built)

involving external agencies and interested persons in the development of solutions to complex environmental issues, including possible mitigation measures

providing information to external agencies and interested persons about potential decisions and their related effects, and

providing information to external agencies and interested persons about the MTO Class EA process, including opportunities for the formal challenge of decisions made during the process.

8.2 DESCRIPTION OF THE DEFINED CONSULTATION GROUPS

The MTO Class EA defines two broad consultation groups: external agencies and interested persons.

External agencies involved with an MTO Class EA project typically include:

o provincial and federal government agencies with regulatory authority over specific aspects of the environment

o municipal and local government bodies that have planning authority for the area affected.




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Interested persons (often called stakeholders) are typically individuals or organizations with an interest in a particular project, and may include:

o Aboriginal people and communities

o Francophone communities in designated areas

o neighbours and individuals

o environmental groups or clubs

o naturalist organizations

o agricultural organizations

o sports or recreational groups

o local community organizations

o municipal heritage committees

o ratepayer associations

o cottage associations

o business and commercial associations, and

o individual businesses.

For each MTO Class EA project, the proponent is responsible for determining the appropriate external agencies and interested persons to consult.

8.3 CONSULTATION PLAN

At the beginning of the project, the proponent will develop and then implement a consultation plan for Group A and B projects, and for Group C projects if applicable. In the consultation plan, the proponent will identify:

the extent, frequency and timing of the consultation

the consultation methods and points of notification

the key external agencies and interested persons, and

the transportation and environmental issues and related factors that may require special or separate consultation efforts.

In the consultation plan, the proponent will give consideration to Aboriginal people and communities that may be affected by the proposed project. Consideration includes:

identifying Aboriginal people and communities whose rights could be affected, or who could have an interest in the proposed project

consulting with federal and provincial governmental organizations, which can help the proponent identify which Aboriginal people and communities to engage, and

developing a proposed approach for engaging and consulting interested Aboriginal people and communities, where applicable.

8.4 EXTENT OF CONSULTATION

Applying the Principles of Consultation in Chapter 4, the proponent will determine the extent of consultation needed for each project to meet the goals of consultation. Table 8.1 summarizes the minimum consultation points for Group A, B and C projects if applicable.




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Table 8.1 Consultation Components

Process Chapter

Reference

The proponent will undertake consultation sufficient to meet the Principles of Consultation, including the following minimum consultation components:

Planning Preliminary Design Detail Design Changing an Approved

Project

Group A Chapter 5 Figure 5.1

Publish a Notice of Commencement [C.1] prior to or as part of a notice of consultation for [C.2]

Consult[C.2] on the outcome of the review of the transportation needs assessment [P.1]

Consult [C.3]on the consideration of alternative methods in Planning [P.2 to P.4]

Consult [C.5]on the consideration of design alternatives [PD.1 to PD.3] prior to publishing the Notice of Completion [C.6]

Publish the Notice of Completion [C.6]that starts the minimum 30-day public review

Consult to support issue resolution during the public review period if applicable (see section 8.9)

Consult as specified in the EA commitments documented in the TESR

Notify when the Design and Construction Report (DCR) is available

1

For significant changes:

Notice of Proposed Change to an Approved MTO Class EA Project

2

Consult with external agencies and interested persons on the significant changes.

Publish Notice of TESR Addendum Completion and provide a minimum 30-day public review period.

Consult during issue resolution in the public review process on the significant changes if applicable (see section 8.9)

For non-significant changes:

Notify when the issued / re- issued DCR is available.

Group B Chapter 6 Figure 6.1

Publish a Notice of Commencement [C.1] prior to or as part of notice of consultation

Consult [C.2] on the consideration of design alternatives [PD.1 to PD.3] prior to publishing the Notice of Completion [C.3].

Publish the Notice of Completion [C.3] and start the minimum 30-day public review

Consult to resolve issues during the public review period, if applicable (see section 8.9)

Consult as specified in the Class EA commitments.

Notify when the DCR is available

1




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Process Chapter

Reference

The proponent will undertake consultation sufficient to meet the Principles of Consultation, including the following minimum consultation components:

Planning Preliminary Design Detail Design Changing an Approved

Project

Group B con’t

Stepping-down a Group B project after issuing the Notice of Commencement:

Publish a public notice stating that the project has been stepped-down to a Group C project; and

Provide a minimum 30-day review period for interested persons to request that the proponent does not step-down the project.

Not Applicable Not Applicable

Group C Chapter 7 Figure 7.1

Not applicable Consult with external agencies and identified interested parties, as needed.

Not applicable

NOTE: Consultation components are referenced both in this table and in Figures 5.1, 6.1, 6.2 and 7.1 by the letter ―C‖ and a number within square brackets.

1 Preliminary Design and Detail Design may be combined, in which case the TESR will document compliance with Class EA commitments

applicable to Detail Design (i.e., no Design and Construction Report and no notification).

2 The proponent may not need to publish a Notice of Proposed Change to an Approved MTO Class EA or produce a TESR Addendum if all

affected external agencies and interested persons agree




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The extent of consultation required will vary from project to project, depending on:

the complexity of a project

the results of previous consultation

the nature of the environmental issues

the concerns expressed / sensitivity of the project, and

length of time that has elapsed since any previous consultation efforts took place.

As indicated inTable 8.1, consultation is optional for Group C projects - unless those projects are anticipated to have negative net environmental effects. For Group C projects with negative net environmental effects, the proponent will identify:

external agencies for obtaining legislative or regulatory approvals, and pertinent technical information

adjacent property owners, where the proposed work is likely to have an impact on their property

affected property owners, where the purchase of property is required, and

Aboriginal people and communities, where Aboriginal rights may be adversely impacted.

Chapter 7 includes details of the MTO Class EA process for Group C projects.

8.5 EARLY INVOLVEMENT

The proponent will involve external agencies and interested persons, including potentially interested Aboriginal people and communities, as early as practicable in the project. In determining the timing of the consultation, proponents need to balance two main considerations:

1. There must be enough project information available to allow decisions to be made.

2. The project must not be not so advanced that irreversible decisions and commitments have been made, preventing concerns from being addressed.

Interested persons are expected to take advantage of the consultation opportunities the proponent makes available (seeTable 8.1). The sooner an issue or concern is brought to the proponent’s attention, the better the chance that the issue can be resolved successfully.

8.6 CONSULTING WITH ABORIGINAL PEOPLE AND COMMUNITIES

For Aboriginal people and communities who may be interested in the project, the proponent will, at a minimum, provide:

the required Notices of Commencement and Completion under this MTO Class EA




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notification of consultation opportunities available to

the people and communities

project documentation on request.

The approach to consultation with Aboriginal people and communities will vary according to the specific circumstances of each project.

8.7 METHODS FOR CONSULTING WITH INTERESTED PERSONS

There are many different ways to engage and consult interested persons. The most common method for MTO Class EA Group A and B projects is to hold a Public Information Centre.

8.7.1 Public Information Centre (PIC)

One of the most commonly used consultation techniques is the public information centre (PIC). A PIC provides information and displays in an informal setting. Typically, PIC's are held in community halls or other similar facilities in the general vicinity of the project.

The proponent generally seeks to organize the PIC so that interested persons are encouraged to:

ask questions

share information about the study area

identify any support for and / or concerns with the project and discuss such concerns with the project staff

depending on the stage of the project, learn about the potential net effects of the project on their property, including proposed protection measures.

At a PIC, the proponent will, at a minimum:

have specific and detailed information regarding the project available for review

have representatives on hand to explain the project and to discuss concerns of interested persons

keep an attendance record (to help the proponent determine whether the consultation program is reaching the affected interested persons)

supply comments sheets and encourage interested persons to write down their comments or concerns with the project

collect and constructively address the input received during the consultation process

follow up with interested persons as needed by the most appropriate methods, such as:

o telephone call

o letter

o e-mail

o field or office meeting involving interested persons.




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8.7.2 Other Methods of Consultation

Although a PIC can be a valuable consultation tool, proponents may find it necessary or more appropriate to use other consultation methods, such as:

project websites

newsletters and e-flyers

newspaper notices

surveys

e-mail updates

shopping mall displays

formal presentations

group meetings such as workshops and focus groups

individual meetings.

Regardless of the consultation method used, the proponent will, at a minimum:

collect and constructively address input received during the consultation process

follow up with interested persons as needed, using the most appropriate methods.

8.8 PROJECT NOTIFICATIONS

Providing notification to external agencies and interested persons is a necessary component of the MTO Class EA consultation process, and occurs. The main purpose of notification is to inform external agencies and interested persons of an event - such as the beginning or end of a project, or the availability of an MTO Class EA document

for public review. Notification may also include identification of an opportunity for consultation, such as notifying interested persons of a Public Information Centre.

There are several notifications, with ―notices‖ being the standard form of notification. The following is a list of notices and notification that a proponent will use, as applicable:

Notice of Commencement

notification of a Public Information Centre

Notice of Project Reclassification

Notice of Completion and the beginning of the 30-day public review

Notice of Proposed Change to an Approved MTO Class EA Project

Notice of Transportation Environmental Study Report (TESR) Addendum Completion

notification of Design and Construction Report (DCR) completion or revision.

These Notices and notifications are described later in this chapter.




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8.8.1 Methods of Notification

The most common methods of notification are as follows:

newspaper advertisements

brochures

posters

letters

electronic means such as:

o websites

o e-mails

o e-flyers

For each project, the proponent is responsible for determining the appropriate method(s) of notification needed to achieve the goals of consultation, based on:

the nature of the study area

the interested persons to be contacted

the stage of the project

the issues to be addressed.

The proponent may choose to combine methods to improve effectiveness.

8.8.2 Notice of Commencement

The proponent will publish the Notice of Commencement at the beginning of the MTO Class EA process for Group A and B projects. This is the first Notice to be given, and may be combined with notification of a Public

Information Centre. Typical content of the Notice of Commencement is provided in Appendix C.

8.8.3 Notification for a Public Information Centre

The proponent will provide notification for Public Information Centres (see section 8.7.1 for details). Typical content is provided in Appendix C. As noted above, the proponent may elect to combine the notification of a Public Information Centre with the Notice of Commencement. If the proponent undertakes other methods of consultation, the notification will be modified as needed.

8.8.4 Notice of Project Reclassification

The proponent will publish a Notice of Project Reclassification when stepping-down a project from Group B to Group C after the Notice of Commencement has been published. Chapter 6 includes details on the reclassification process. The typical content for the Notice is provided in Appendix C.

8.8.5 Notice of Completion

For Group A and Group B projects, the proponent will publish a Notice of Completion after the Transportation Environmental Study Report (TESR) has been completed and make the TESR available for public review. Typical content of the Notice of Completion is included in Appendix C.




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8.8.6 Notice of Proposed Change to an Approved

MTO Class EA Project

The proponent will publish the Notice of Proposed Change to an Approved MTO Class EA Project at the beginning of the process to change an approved MTO Class EA Project. This is the first Notice to be given during the change process but the proponent may combine it with the notification of a consultation event. Typical content of the Notice of Proposed Change to an Approved MTO Class EA Project is provided in Appendix C.

For some projects, the external agencies and / or interested persons affected by the significant change(s) are known and the proponent will consult with them directly. For such projects, the Notice of Proposed Change to an Approved MTO Class EA Project may be combined with the Notice of TESR Addendum Completion. Furthermore, the proponent will not publish a Notice of Proposed Change to an Approved MTO Class EA if all affected external agencies and interested persons agree that a TESR Addendum is not required to document the change process (see Chapter 10).

8.8.7 Notice of TESR Addendum Completion

After the TESR Addendum has been completed, the proponent will publish a Notice of TESR Addendum Completion and make the document available for public review. Typical content of the Notice of TESR Addendum Completion is included in Appendix C.

8.8.8 Notification of the Completion (or Revision) of the Design and Construction Report

The proponent will provide notification when the Design and Construction Report (DCR) is completed or is revised. On a project-specific basis, the proponent will determine the scope, content and method of providing notification, based on:

the nature of the study area

the interested persons and / or external agencies to be contacted as identified by the proponent, and

the issues to be addressed.

8.9 ISSUE RESOLUTION DURING PUBLIC REVIEW

As previously stated, interested persons are expected to take advantage of the consultation opportunities the proponent makes available during an MTO Class EA project, (see Table 8.1). The sooner an issue or concern is brought to the proponent’s attention, the better the chance that the issue can be resolved successfully. The public review period is a final opportunity for external agencies and interested persons to express concerns with the project.

To initiate the public review period at the end of Class EA process, the proponent publishes:

a Notice of Completion to inform external agencies and interested persons that the MTO Class EA process has been completed, and




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the Transportation Environmental Study Report

(TESR).

There may be another public review period if the proponent decides to change an approved MTO Class EA Group A or Group B project. The proponent provides a public review period of the proposed significant changes to an approved MTO Class EA project (see Chapter 10). The proponent initiates this public review period by publishing:

a Notice of TESR Addendum Completion to inform external agencies and interested persons of the proposed significant changes to the approved project, and

the TESR Addendum.

During the public review period, external agencies and interested persons who raise a concern are referred to as concerned persons.

As shown in Figure 8.1, issue resolution during the public review period includes two parts:

the proponent and the concerned person trying to resolve the issue, and

the Part II Order request process whereby the concerned person make a request to the Minister of the Environment.

This section describes the Principles of Issue Resolution during the public review period, the two parts of issue resolution (including the roles of the proponent, concerned persons, and the Ministry of the Environment

(MOE)), and partial or conditional approval from MOE allowing the proponent limited implementation of the project while deciding the outcome of a Part II Order request.

8.9.1 Principles of Issue Resolution during Public Review

Principles of Issue Resolution during Public Review

The proponent will provide a public review period of at least 30 calendar days upon publication of the Transportation Environmental Study Report (TESR) and the Notice of Completion.

The proponent will respond to concerns brought forward during the public review period and make reasonable efforts to achieve a resolution.

The proponent will not complete the Class EA Process Completion Statement (See Chapter 9: Documentation) or begin the construction of physical works until the public review period is over, and any Part II Order requests have been resolved, unless the Ministry of the Environment has granted approval for limited activities.


ISSUE RESOLUTION BETWEEN THE PROPONENT AND

CONCERNED PERSON (Section 8.9.2)

1. Proponent published Notice of Completion. Start of public review period (30 days minimum).

3. Work together to try and resolve issue.

ISSUE RESOLVED

ISSUE CANNOT BE RESOLVED

4. The proponent implements the project.

PART II ORDER REQUEST PROCESS (Section 8.9.3)

A. Concerned person makes Part II Order request to the Minister of the Environment before the date specified in the Notice of Commencement.

B. MOE reviews the request and then:

2. Concerned person raises outstanding issue. A concerned person may make a Part II Order Request without

raising the concern with the proponent.

Figure 8.1 Issue Resolution Process during Public Review

iii) accepts the request and proceed to a Minister’s decision.

i) directs the proponent to try to resolve issue.

ii) denies the request. The proponent can implement the project.




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8.9.2 Issue Resolution between the Proponent

and Concerned Person

The concerned person and the proponent both have important roles to play in the resolution process. The process is shown in Figure 8.1 and is described below.

1. The public review period of at least 30 calendar days

is initiated by the publication of the Notice of

Completion. The TESR has been completed and is

made available for public review.

2. The concerned person is encouraged to bring

forward issues regarding the project to the proponent

during the public review period. If the concerned

person has been engaged in consultation with the

proponent throughout the project and feel their issue

will not be resolved, the concerned person may

request the Minister of the Environment to make a

Part II Order.

3. The proponent will respond to the issue and,

together with the concerned person, make

reasonable efforts to achieve a resolution11. While

attempting to resolve the issue, the proponent should

remind the concerned person about the time limit on

making a Part II order request (i.e., the end of the 30

day public review period).

11

In this case, resolution means the concerned person withdraws their request to the Minister of the Environment for a Part II Order.

4. If the issue is resolved, then the proponent

implements the project.

To obtain resolution, the proponent may consider alternative dispute resolution techniques (see section 8.10).

8.9.3 Part II Order Request Process

A Part II Order request is a way in which a concerned person can request that the Minister of the Environment require the proponent to undertake a higher order of environmental assessment. In other words, a Part II Order elevates a Group A or B MTO Class EA project to an Individual Environmental Assessment. An Individual EA involves a longer, more detailed environmental assessment process that requires formal submission and review by the MOE and approval by the Minister of the Environment.

In the Part II Order request process, the concerned person, the proponent and the MOE (including its Minister or delegate) have roles to play. The process is shown in Figure 8.1 and is described below.

A. The concerned person sends Part II Order request to

the Minister of the Environment before date specified

in the Notice of Completion (see section 8.8.5). In

making a Part II Order request, the concerned person

must provide sufficient information. MOE’s Code of

Practice: Consultation in Ontario’s Environmental




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Assessment Process (June 2007) includes a list of

the required information.

B. The MOE reviews the Part II Order request

considering such things as:

o the issue cannot be resolved, and

o the request was made after the Notice of

Completion was published

Following the review, MOE will:

i. direct the proponent to try to resolve the issue

ii. deny the request and the proponent can

implement the project, or

iii. accept the request and proceeds to a Minister’s

decision.

If MOE accepts the Part II Order request, then the

Minister of the Environment or delegate makes a

decision. Decisions are based on the matters specified

in the Environmental Assessment Act, s.16 (4). The

Minister or delegate advises the concerned person and

the proponent of his / her decision within 45 days of

determining that the Part II Order request is valid. The

Minister of the Environment or delegate will decide to do

one of the following:

o make a Part II Order

o deny the Part II Order request with or without

conditions

o refer the Part II Order request to an issue

resolution process before making a decision (see

section 8.9.3).

At this point, the proponent has two choices: comply with the Minister’s decision or cancel the project.

8.9.4 Partial or Conditional Approval

In some cases, the MOE may grant partial or conditional approval of some project activities - allowing limited implementation of the project (i.e., construction activities) on areas that are not affected by an outstanding Part II Order request.

To obtain partial or conditional approval for limited construction activities, the proponent must obtain the approval of the Director of Environmental Assessment and Approvals Branch, and also provide notice to the interested persons who are requesting the Part II Order.

8.10 ALTERNATIVE DISPUTE RESOLUTION

The Class EA process is not a consensus-building exercise, but rather a process to support environmentally sound decision-making. Accordingly, proponents are expected to make reasonable efforts to resolve the concerns arising from consultation with interested persons, recognizing that resolution will not be possible in all cases. For major issues, the proponent will, at key decision points, consider alternative dispute resolution techniques, such as:




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Negotiation: a dispute resolution process in which

disputants try to bring about issue resolution through discussions and compromise. A neutral third party may or may not be invited to participate.

Mediation: a dispute resolution process in which a neutral third party (mediator) who is acceptable to all parties assists disputants in reaching a mutually acceptable agreement. The mediator has no authority to impose a settlement and participation in the process is voluntary.

Conciliation: a dispute resolution process in which a neutral third party is chosen to convey messages between disputants who are unwilling to meet face-to-face. Conciliation is a tool to help the disputants to identify common ground and to eventually re-establish direct communications.




9 DOCUMENTATION

TABLE OF CONTENTS

9.1 INTRODUCTION .............................................................................................................................................. 9-2

9.2 TRANSPORTATION ENVIRONMENTAL STUDY REPORT (TESR) ................................................................ 9-4

9.3 ENVIRONMENTAL SCREENING DOCUMENT (ESD) ..................................................................................... 9-5

9.4 MTO CLASS EA PROCESS COMPLETION STATEMENT (PSC) .................................................................... 9-5

9.5 TESR ADDENDUM ........................................................................................................................................... 9-6

9.6 TESR ADDENDUM COMPLETION STATEMENT ............................................................................................ 9-7

9.7 DESIGN AND CONSTRUCTION REPORT (DCR) ............................................................................................ 9-7

TABLES Table 9.1: Overview of Documents within this MTO Class EA ................................................................................ 9-3



Ministry of Transportation D

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9.1 INTRODUCTION

Preparing documentation is a key element of the MTO Class EA process for Group A and B projects, as described in Chapters 5 and 6 respectively. Documentation is also required for certain Group C projects, as described in Chapter 7. MTO Class EA documentation includes:

1. The Transportation Environmental Study Report (TESR)

2. The Environmental Screening Document (ESD)

3. The MTO Class EA Process Completion Statement (PSC)

4. The TESR Addendum

5. The TESR Addendum Completion Statement.

Depending on the nature and circumstances of the specific project, the proponent may also prepare a Design and Construction Report (DCR) for Group A and B projects after the MTO Class EA process is completed.

Table 9.1 outlines the types of documentation required by each MTO Class EA Group, and when the documentation should be produced during the planning and design process. The documents are discussed in detail in the sections or chapter indicated in the table. In addition, the proponent may decide to produce supplementary documents to address project-specific

needs in support of the MTO Class EA process. For a Group A project, for example, the proponent may produce a planning document to record elements of the Planning stage, and include this document in the subsequent TESR. The proponent is expected to prepare all MTO Class EA documentation in accordance with the Principles of Documentation, which are described in Chapter 4. The timing and content of Notices required for consultation are described in Chapter 8.




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Table 9.1 Overview of Documents within this MTO Class EA

Type of Document Section

Reference

Timing

Group A (see Chapter 5 for MTO

Class EA process)

Group B (see Chapter 6 for MTO Class EA

process)

Group C (see Chapter 7 for MTO Class

EA process)

DOCUMENTS PREPARED DURING THE MTO CLASS EA PROCESS

Transportation Environmental Study Report (TESR)

Section 9.2 The proponent will publish

1 the TESR at end of Preliminary Design

or any time until the end of Detail Design. Not applicable

Environmental Screening Document (ESD)

Section 9.3 Not applicable Not applicable Proponent may prepare an ESD at the end of MTO Class EA process.

MTO Class EA Process Completion Statement (PSC)

Section 9.4

The proponent will prepare and keep on file an MTO Class EA Process Completion Statement (PSC) after completion of the 30-day public review of the TESR, where there are no unresolved Part II Order requests.

The proponent will prepare an MTO Class EA Process Completion Statement (PSC) after completion of the MTO Class EA process only for those projects where an ESD was prepared.

DOCUMENTS PREPARED AFTER THE COMPLETION OF THE MTO CLASS EA PROCESS

TESR Addendum Section 9.5 The proponent will publish a TESR Addendum that documents significant changes to the approved project

2 if applicable.

Not applicable

TESR Addendum Completion Statement

Section 9.6 The proponent will prepare a TESR Addendum Completion Statement after completion of the TESR Addendum process, if applicable.

Not applicable

Design and Construction Report (DCR)

Section 9.7

Proponent will prepare a DCR after completion of the MTO Class EA at the end of Detail Design unless the proponent completed Detail Design during the MTO Class combined Preliminary and Detail Design stages and documented both in the TESR. If the proponent makes non-significant changes to an approved MTO Class EA project, the proponent will either prepare a DCR or revise an existing DCR, if applicable.

Not applicable

1 ―publish‖ means to make available to the public. 2 An approved project is one that has successfully completed the appropriate MTO Class EA process (see the glossary for a complete definition).




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9.2 TRANSPORTATION ENVIRONMENTAL

STUDY REPORT (TESR)

The proponent will prepare and publish a TESR to document the MTO Class EA process for Group A and Group B projects. As indicated in Table 9.1, Group C projects do not require a TESR.

In the TESR, the proponent will document the process used to plan and design the project, including the rationale for making key decisions and consultation on these decisions. The proponent will document to at least the level of detail developed at the end of the Preliminary Design (i.e., sufficient detail to determine the technical and economic feasibility of constructing the project, and the feasibility of securing environmental permits, approvals and authorizations). At the same time, the proponent may choose to include a greater level of design detail to highlight certain design features or to address project-specific issues. The proponent may also choose to combine the Preliminary Design and Detail Design stages, and document both stages in the TESR.

The content requirement for the TESR is as follows:

project objectives or the purpose of the undertaking

project-specific work completed before the start of the Class EA process

significant transportation planning issues

significant environmental issues

project-specific consultation process

the outcome of the review of the recommended transportation planning alternative, as well as the process and results of any modification, refinement or augmentation to the consideration of transportation planning alternatives that was undertaken by the proponent to meet the requirements of the Environmental Assessment Act

alternative methods in Planning considered, where applicable, including:

o net environmental effects12 anticipated and proposed environmental protection measures

o project-specific consultation undertaken

o changes made as a result of consultation

o selected alternative

design alternatives considered, where applicable, including:

o environmental impact assessments and proposed protection measures

o project-specific consultation undertaken

o changes made as a result of consultation

o selected alternative

commitments to future action, including consultation and obtaining applicable permits, approvals and authorizations required and during Detail Design and / or construction.

12

Net environmental effects are the potential environmental effects after protection measures have been applied.




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If the proponent chooses to combine Preliminary Design and Detail Design for a Group A or B project, then the proponent will document in the TESR all key decisions and consultation undertaken during the refinement of the design.

9.3 ENVIRONMENTAL SCREENING DOCUMENT (ESD)

The proponent will prepare an ESD for any Group C project that has identified environmental sensitivities. The ESD outlines the anticipated net environmental effects, including the proposed protection measures in relation to Group C projects. Typically, the ESD is retained on file by the proponent for internal reference and is not published. In the ESD, the proponent will document:

identified environmental sensitivities

if applicable, the process and results of consultation, including any changes made as a result of external consultation

the results of investigations

selected protection measures

any guidance to designers and contractors.

The amount and extent of the documentation will vary depending on the environmental sensitivities identified.

9.4 MTO CLASS EA PROCESS COMPLETION STATEMENT (PSC)

The MTO Class EA Process Completion Statement (PSC) documents the end of the MTO Class EA process for all Group A and B projects, and the end of the process for those Group C projects for which the proponent prepared an ESD. The proponent retains the PSC as part of the internal documentation for the project.

For Group A and B projects, the PSC is designed to enable the proponent to affirm that:

The proponent has published the Notice of Completion.

The proponent has applied the principles and appropriate process set out in the MTO Class EA.

The public review period, after publication of the TESR, has been completed and any issues resolved13 including any Part II Order requests made (see Chapter 8: Consultation).

The proponent will fulfill the commitments made during the MTO Class EA process.

The proponent will obtain all required environmental permits, approvals, authorizations.

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―Resolved‖ in this case means the requester has withdrawn the Part II Order request to the Minister of the Environment.




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In Group C projects for which the proponent prepared an ESD, the PSC will affirm that:

The proponent has applied the MTO Class EA principles.

The proponent has applied the process for Group C projects set out in the MTO Class EA (See Chapter 7: MTO Class EA Process for Group C Projects).

The proponent will fulfill the commitments made during the MTO Class EA process.

The proponent will obtain all required environmental permits, approvals, authorizations.

9.5 TESR ADDENDUM

After completing the MTO Class EA process for Group A or Group B projects, the proponent may determine that there is a need to make significant changes to the approved project, as it was documented in the TESR. In such cases, the proponent will follow the process outlined in Chapter 10: Review and Change Process for an Approved Project.

The TESR Addendum will include:

a description of the circumstances that made the significant change necessary

the alternatives considered in relation to the significant change and the identification of the preferred alternative

the rationale for selecting the preferred alternative

the environmental protection measures being proposed to address the anticipated effect

the anticipated net environmental effects associated with the significant change

any consultation undertaken on the proposed changes

how the proponent addressed the comments received during consultation

commitments to future action, including the obtaining of any external legislative approvals required to complete the work.

an explanation that only the significant changes are subject to the public review (including Part II Order requests) and that the proponent can choose to proceed with the approved project without the proposed significant changes.

With respect to completing the design for the significant changes, the proponent may choose either:

to complete the design after the Notice of TESR Addendum Completion, and revise the Design and Construction Report (DCR) or produce a DCR, if one was not produced previously, or

to complete the design and document all key decisions in the TESR Addendum.




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9.6 TESR ADDENDUM COMPLETION

STATEMENT

The TESR Addendum Completion Statement documents the end of the process for making significant changes to an approved Group A or B project under the MTO Class EA (see Chapter 10). The proponent will retain the TESR Addendum Completion Statement as part of the internal project documentation.

The TESR Addendum Completion Statement will affirm that:

The proponent has published the Notice of TESR Addendum Completion.

For the changes identified in the TESR Addendum, the proponent has followed the process to change an approved MTO Class EA project, as detailed in Chapter 10.

The public review period for the TESR Addendum has been completed, and any issues have been resolved, including any Part II Order requests that were made.

The proponent will fulfill the commitments made during the MTO Class EA process, including any commitments made in the TESR Addendum.

The proponent will obtain all outstanding environmental permits, approvals, authorizations, etc., that are required to carry out the work.

9.7 DESIGN AND CONSTRUCTION REPORT (DCR)

The Design and Construction Report (DCR) enables the proponent to document the key decisions and consultation that occur after the completion of the MTO Class EA process for Group A or Group B projects. At a minimum, the DCR will include the following content:

information on how the design-related commitments14 were fulfilled in the refinement of the design (i.e., Detail Design stage), including the results of any consultation

relevant permits and approvals obtained or required prior to construction. and

how any conditions in decision letters from the Ministry of Environment regarding Part II Order requests have been fulfilled (see Chapter 8).

The proponent will:

Produce a DCR for all Group A and B projects to document the completion of the project’s design, unless the proponent has combined the Preliminary Design and Detail Design stages and documents both of these stages in the TESR.

Produce or revise an existing DCR to document the fulfillment of design-related commitments made in the TESR Addendum (see Chapter 10).

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Commitments to future action made during the Class EA process and documented in the TESR.




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Produce or revise an existing DCR to document non-

significant changes to an approved MTO Class EA Group A or B project (see Chapter 10).

The proponent may combine the TESR Addendum and the DCR into a single document, if the combined document meets the content requirements for both.




10 REVIEW AND CHANGE PROCESS FOR

APPROVED PROJECTS

TABLE OF CONTENTS

10.1 INTRODUCTION ............................................................................................................................................ 10-2

10.2 REVIEW OF AN APPROVED MTO CLASS EA GROUP A OR B PROJECT AFTER

10 YEARS ....................................................................................................................................................... 10-2

10.3 PROCESS FOR CHANGING AN APPROVED MTO CLASS EA GROUP A OR B

PROJECT ....................................................................................................................................................... 10-3

10.3.1 Process for Making Significant Changes to an Approved Group A or B Project

(TESR Addendum) ................................................................................................................................... 10-3

10.3.2 Process to Make Non-Significant Changes to an Approved MTO Class EA

Group A or B Project (DCR) ..................................................................................................................... 10-4




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10.1 INTRODUCTION

If a period of 10 years or more has elapsed since an MTO Class EA was completed for a Group A or Group B project, the proponent will review the approved project15 before proceeding with implementation. This is called a 10-year review. After the review, and depending on other circumstances, the proponent may determine that changes to approved project are needed.

Through the implementation of a project, the proponent may identify new information or concerns, as well as changes that need to be made to the project’s design. In such cases, the proponent may decide that changes to the approved project are needed.

This chapter includes a description of both the 10-year review process and the processes for making changes to an approved project. It should be noted that there is no formal process for changing an approved Group C project or for pre-approved Group D activities.

10.2 REVIEW OF AN APPROVED MTO CLASS EA GROUP A OR B PROJECT AFTER 10 YEARS

A number of years may pass between the time that the MTO Class EA Process Completion Statement is issued

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―Approved project‖ in this MTO Class EA means that a project has complied with and completed the MTO Class EA process for the applicable Group and has no outstanding Part II Order requests. See glossary for a full definition.

for a Group A or B project and the time that the project, or any part of the project, is implemented (i.e., when either Detail Design or Construction begins). During this period, a number of changes can occur, such as:

changes in the natural or built environments that significantly alter the net environmental effects of the project, or

changes to the project’s design due to new government legislation, policy, standards or technology.

To ensure that the MTO Class EA process continues to be effective, the proponent is therefore required to review the Transportation Environmental Study Report (TESR), TESR Addendum (if applicable) and the Design and Construction Report (DCR), if one has been produced.

Prior to the start of construction16, the proponent will review the TESR (and the DCR if one was prepared) if 10 years or more has elapsed since the date of issue of the MTO Class EA Process Completion Statement (see Chapter 9: Documentation).

During the 10-year review, the proponent will determine if there have been significant changes to the net environmental effects of the project by:

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The ―start of construction‖ is considered to be the commencing of any construction activity for the approved project, apart from those defined as Group D pre-construction activities (see Chapter 3).




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comparing documented environmental conditions to

existing conditions of the project, and / or

comparing documented design and any relevant new government policy, standards or technology.

Following the 10-year review, the proponent undertakes the process for changing an approved MTO Class EA Group A or B project (see section 10.3), if necessary.

10.3 PROCESS FOR CHANGING AN APPROVED MTO CLASS EA GROUP A OR B PROJECT

Through the 10-year review or the implementation of an approved Group A or Group B project, the proponent may identify new information or concerns, as well as changes required to the project’s design. In such cases, the proponent may decide that changes to the approved project are needed. The proponent will determine the significance17 of the change with respect to the net environmental effects determined in the approved project, and will then undertake either:

the process for making significant changes (i.e., follow the TESR Addendum process)

the process for making non-significant changes (i.e., documenting the changes in a DCR).

These processes are outlined in the sections below.

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10.3.1 Process for Making Significant Changes to an Approved Group A or B Project (TESR Addendum)

To make significant changes to an approved project, the proponent will undertake either of the following actions:

The proponent may discuss the proposed significant changes with the external agencies and interested persons most affected. If all affected external agencies and interested persons can be clearly identified, and they agree that a TESR Addendum is not required, the proponent does not need to prepare one. In this case, the proponent produces or revises the DCR according to the process for making non-significant project changes (see section 10.3.2).

Applying the MTO Class EA principles detailed in Chapters 4 and 8, the proponent will prepare a TESR Addendum, according to the process outlined below.

The proponent will undertake the following process to make significant changes to the approved project:

Publish a Notice of TESR Addendum or notification of a Public Information Centre (see Chapter 8: Consultation).

Consult with external agencies and interested persons on the significant changes.

Prepare a TESR Addendum to document the circumstances that make the change necessary (see Chapter 9: Documentation).




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Publish a Notice of TESR Addendum Process

Completion as outlined in Chapter 8: Consultation, and provide a 30-day public review period that gives interested persons a final opportunity to raise issues regarding significant changes to the project (see Chapter 8).

Prepare the TESR Addendum Completion Statement (see Chapter 9: Documentation). The proponent retains the Statement as part of its internal project documentation.

At any time, the proponent may decide to proceed with the project as approved, rather than seeking an addendum to make significant changes to the project.

10.3.2 Process to Make Non-Significant Changes to an Approved MTO Class EA Group A or B Project (DCR)

If a proponent chooses to make non-significant changes to an approved Group A or Group B project, the results are documented in a Design and Construction Report (DCR). If the proponent has previously prepared a DCR, the proponent can simply revise the DCR to document the non-significant changes that are being made. The proponent prepares the DCR according to the process outlined in Chapter 9: Documentation. The proponent will provide notification of completion of the DCR to identified external agencies and interested persons, as outlined in Chapter 8: Consultation.




11 MONITORING AND REVIEW

TABLE OF CONTENTS

11.1 INTRODUCTION ............................................................................................................................................ 11-2

11.2 MTO CLASS EA PROCESS MONITORING ................................................................................................... 11-2

11.2.1 Effectiveness of the MTO Class EA Process ........................................................................................... 11-2

11.2.2 Annual Review and Reporting .................................................................................................................. 11-3

11.2.3 Five-year Review of the MTO Class EA ................................................................................................... 11-4

11.3 ENVIRONMENTAL MONITORING DURING CONSTRUCTION OF THE

APPROVED PROJECT .................................................................................................................................. 11-4

11.3.1 Monitoring in Construction........................................................................................................................ 11-4

11.3.2 Post Construction Monitoring ................................................................................................................... 11-5




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11.1 INTRODUCTION

Under this MTO Class EA there are two types of monitoring:

1. MTO Class EA process monitoring: MTO monitors the MTO Class EA process to identify issues and options to improve its effectiveness and annually reports the results to the Ministry of the Environment. Based on the annual monitoring, MTO undertakes a review of MTO Class EA every five years to determine if changes to the MTO Class EA are needed.

2. Environmental monitoring during construction: The proponent monitors the implementation of committed environmental protection measures developed during the MTO Class EA process, and may evaluate the effectiveness of these measures.

11.2 MTO CLASS EA PROCESS MONITORING

The overall goal of MTO Class EA process monitoring is to determine how effectively this MTO Class EA is working in the planning and design of provincial transportation projects. This section describes the MTO Class EA process monitoring and reporting undertaken by MTO and other proponents, specifically:

The ongoing monitoring by MTO of the effectiveness of the principles and process of this MTO Class EA

The yearly reporting by MTO of the results of the process monitoring

The five-year review of the MTO Class EA undertaken by MTO.

11.2.1 Effectiveness of the MTO Class EA Process

MTO undertakes MTO Class EA process monitoring to:

collect information to support the continuous improvement of this MTO Class EA by MTO

provide information to the Ministry of the Environment for their compliance monitoring, and

comply with a Ministry of the Environment condition of approval (Class Environmental Assessment for Provincial Transportation Facilities, as amended DATE).

In order to meet the goal of continuous improvement, MTO will monitor the effectiveness of this MTO Class EA to:

evaluate the overall effectiveness of the process described in the MTO Class EA document

identify specific problems with the document or process, and

suggest improvements to the process.




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MTO may use a variety of tools to carry out effectiveness monitoring. The tools used will depend on the focus of the monitoring, which may change over time to address specific issues or concerns. Tools may include:

monitoring reports completed by MTO staff and / or service providers who are involved in the delivery of projects

consultation with MTO staff, service providers, external agencies and interested persons who are involved in the delivery of projects, and

an independent review of a set or sets of projects.

11.2.2 Annual Review and Reporting

MTO will produce an annual monitoring report. This report will be a synopsis of the information gathered through the MTO Class EA process monitoring tasks and will be submitted to the Ministry of the Environment within 180 days of the end of the fiscal year.

The report will include:

1. A statement of effectiveness of the MTO Class EA in providing an effective and efficient planning and design process, and in protecting the environment. Examples may be included, if appropriate.

2. Identification of the issue(s) that are the focus of the process monitoring, if any.

3. The tools used to complete the process monitoring.

4. Identification of common concerns experienced with the class environmental assessment projects.

5. Identification of contemplated changes to this MTO Class EA document or changes to the practices and procedures that would improve the MTO Class EA itself or its implementation.

6. A statement by MTO on how it has complied with any conditions in the Notice of Approval of the Class Environmental Assessment and the Environmental Assessment Act.

7. The findings and recommendations of relevant internal audits or third-party audits completed during the course of the year.

8. A summary table listing the ongoing and completed Group A and B projects. The table will include a breakdown by Group of the following information:

o Name and brief description of the project

o Name of a contact person (for example, project manager)

o General location of the undertaking

o Whether any Part II Order requests were made and whether they were granted, denied or denied with conditions.

9. The percentage of MTO Class EA projects for which Part II Order requests were made.




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11.2.3 Five-year Review of the MTO Class EA

MTO will undertake a review of the MTO Class EA document and process every five years from the date of its approval. The review will be documented in a ―Five-Year Report on MTO’s Class Environmental Assessment‖. The purpose of the review is to help:

ensure that the MTO Class EA remains compliant with applicable legislation, regulations and policies, and

implement improvements identified during effectiveness monitoring.

The review will consider:

any relevant updates or amendments required by changes to applicable legislation and regulations (e.g., Environmental Assessment Act and supporting regulations) as well as policies

any potential improvements identified during the process monitoring and summarized in the annual monitoring reports, and

any other relevant information provided to or gathered by MTO.

Based on the result of the five-year review, MTO may seek to amend the MTO Class EA. In such cases, MTO would follow the amendment process outlined in Chapter 12: Administration of this MTO Class EA.

If MTO decides to undertake a major amendment to the MTO Class EA, the five-year review cycle will be suspended until a revised MTO Class EA document has

been approved by the Ministry of the Environment. The new approval date will be the initiation of the next five-year review cycle.

11.3 ENVIRONMENTAL MONITORING DURING CONSTRUCTION OF THE APPROVED PROJECT

Environmental monitoring is undertaken by the proponent during construction of the approved project18. The proponent monitors the implementation of committed mitigation measures developed during the MTO Class EA process and may include evaluating the effectiveness of those measures after construction.

11.3.1 Monitoring in Construction

During construction, the proponent takes steps to ensure that environmental protection measures are consistent with the contract. Projects approved under this MTO Class EA are subject to periodic on-site inspection to ensure the following:

environmental protection measures are taken as anticipated (e.g., the appropriate measures are properly installed, located, maintained and working when needed)

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―Approved project‖ in this MTO Class EA means that a project has complied with and completed the class environmental assessment process for the applicable Group and has no outstanding Part II Order requests. See glossary for a full definition




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compliance with operational, equipment and materials constraints, and

the process to identify and correct problems is functioning.

MTO has established a Contract Administration (CA) process whereby a Contract Administrator and Inspection Staff administer contracts to ensure proper construction of the project. The CA process includes inspection tasks that are undertaken to ensure all work is completed in accordance with MTO specifications, standards, drawings, policies and procedures as stipulated in the contract package. Inspection tasks and documentation requirements are detailed in the Construction Administration and Inspection Task (CAIT) Manual. For most projects, the CA process applies to and covers the entire project, including the environmental protection and mitigation measures.

11.3.2 Post-Construction Monitoring

The proponent may conduct environmental monitoring after a project is complete. This type of monitoring typically measures the effectiveness of a control, mitigation or compensation measure(s). The proponent undertakes environmental monitoring after construction of a project as required by the commitments made under the Class EA process, the permits, approvals and authorizations obtained for the project, and / or the condition imposed by the Ministry of Environment through decision letters on Part II Order requests. The results of these monitoring projects can be used to

improve or modify current environmental protection measures and alter design standards and approaches.




12 ADMINISTRATION OF THIS MTO

CLASS EA

TABLE OF CONTENTS

12.1 INTRODUCTION ............................................................................................................................................ 12-2

12.2 PHASE-IN PROVISIONS ................................................................................................................................ 12-2

12.3 AMENDMENT PROCEDURE FOR MTO CLASS EA ...................................................................................... 12-2

12.3.1 Minor Amendments .................................................................................................................................. 12-3

12.3.2 Major Amendments .................................................................................................................................. 12-3

12.4 AMENDMENTS REQUIRED BY MOE ............................................................................................................ 12-4




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12.1 INTRODUCTION

When approved, this Class Environmental Assessment for Provincial Transportation Facilities, approved by Order in Council 1653 / 99 on October 6, 1999, amended DATE, 2011 will replace the version amended July 14, 2000. The transition or phase-in provisions for projects not completed before the approval of this MTO Class EA are outlined below.

This chapter also discusses this MTO Class EA’s mandatory five-year review (See Chapter 11: Monitoring and Review). The five-year review may trigger the MTO Class EA amendment process. Otherwise, necessary amendments to this MTO Class EA may be made any time after the MTO Class EA amendment process.

12.2 PHASE-IN PROVISIONS

The following phase-in provisions are intended to ease the transition from the process in the MTO Class EA amended July 14, 2000:

Projects following the procedures specified in the MTO Class EA amended July 14, 2000 may continue to use that version of the Class EA until they have completed the process, or may make a transition to the MTO Class EA amended in DATE, 2011.

Projects initiated after the approval of this version of MTO Class EA will comply with the requirements and procedures specified herein.

If a TESR (Transportation Environmental Study Report) was prepared under the MTO Class EA amended July 14, 2000 and construction has not commenced, then the provisions for reviewing and changing an approved MTO Class EA project as provided in Chapter 10 will apply. However, the Class EA Process Completion Statement will not be available for the project. The date of the finalized TESR will apply to the 10-year review period.

12.3 AMENDMENT PROCEDURE FOR MTO CLASS EA

The following amendment procedure is designed to facilitate modifications to the MTO Class Environmental Assessment for Provincial Transportation Facilities, as amended DATE 2011 to meet:

the changing role of government

the changing federal, provincial and municipal, legislative and regulatory framework

the demand for increased efficiency and cost effectiveness in all government activities by making improvements to MTO’s planning and design process, and

the goal of the MTO Class EA process monitoring program and five-year review to support the continuous improvement of MTO’s Class EA.

There are two types of possible amendments, as outlined below.




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Minor Amendments: Minor amendments are those amendments that do not substantively change this MTO Class EA. For example, extending this MTO Class EA to projects that were not included but are similar to the class of projects already covered, clarification of wording and streamlining of redundant processes would be considered to be minor amendments.

Major Amendments: Major amendments are those amendments that substantively change this MTO Class EA. For example, reducing the amount of public consultation or introducing new MTO Class EA process requirements would be considered to be major amendments.

Any interested persons or external agencies may suggest amendments for MTO to consider. However, only MTO may formally propose amendments. The Minister of the Environment has the authority to require changes to the MTO Class EA.

12.3.1 MINOR AMENDMENTS

The following procedure will be used to make minor amendments:

1. MTO will bring the proposed minor amendments to the attention of the Director of the Environmental Assessment Branch (the Director) of the Ministry of Environment (MOE), describing the amendments and providing a brief rationale for them.

2. Prior to making a decision about the proposed amendment, the Director may instruct MTO to consult with one or more directly affected agencies (e.g., other ministries, municipalities) and / or the affected public. A 30-day review period for responses will be provided.

3. The MOE Director shall make a decision within 60 days of notification of the proposed amendment or if applicable, after submission of the results of the consultation. The MOE Director shall either decide:

o to approve the minor amendments with or without conditions, or

o to require that the proposed amendments follow the major amendment procedures.

4. For approved minor amendments, MTO will place a Notice of Amendment in the public record. If applicable, a copy of the Notice will be provided to all persons who submitted comments.

12.3.2 MAJOR AMENDMENTS

The following procedure will be used to make major amendments:

1. MTO will bring the proposed major amendment to the attention of the Minister of the Environment, or his / her delegate, describing the rationale for the amendment.




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2. Prior to making a decision about the proposed amendment, the Minister, or his / her delegate, may instruct MTO to conduct an approved public consultation process, including notification of the public and any potentially affected agency or municipality to request comments. A 30-day review period for responses will be provided.

3. Prior to making a decision about the proposed major amendment, the Minister of the Environment, or his / her delegate, will engage external agencies and interested persons to the extent deemed appropriate.

4. The Minister of the Environment shall make a decision within 60 days of notification of the proposed amendment or, if applicable, after submission of the results of the consultation. The Minister of the Environment shall either decide:

o to approve the major amendment with or without conditions, or

o that the proposed amendment can only be evaluated through the submission and approval of a new Class EA for Provincial Transportation Facilities.

5. For an approved major amendment, MTO will place a Notice of Amendment in the public record. If applicable, a copy of the Notice will be given to all persons who submitted comments.

12.4 AMENDMENTS REQUIRED BY MOE

The following process will be used to make amendments proposed by MOE:

1. If the Minister of the Environment finds that an amendment to MTO’s Class EA is necessary, MOE shall notify MTO as soon as practicable with respect to the proposed amendment. The notification shall contain a description of the proposed amendment, the rationale for the amendment and may include draft wording. MTO shall be given a reasonable opportunity to comment.

2. After providing MTO with a reasonable opportunity to comment, MOE shall direct MTO to prepare and submit the amendment for approval.

3. Based on MTO’s submission, the Minister of the Environment or his / her delegate may approve the amendment.

4. If the amendment is approved, a Notice of Amendment shall be placed in the public record.

5. If the proposed amendment is not acceptable to MTO or is otherwise unresolved, the Minister of the Environment may refer it to the Environmental Assessment Board for resolution.

LAST AMENDED: 2011 PAGE A-1



APPENDIX A: EXAMPLES OF ENVIRONMENTAL

EFFECTS AND TYPICAL ENVIRONMENTAL

PROTECTION MEASURES

TABLE OF CONTENTS FISH AND FISH HABITAT ............................................................................................................................................... 2

TERRESTRIAL ECOSYSTEM (WILDLIFE HABITATS AND MOVEMENTS) .................................................................. 4

TERRESTRIAL ECOSYSTEM (WETLANDS) ................................................................................................................. 6

TERRESTRIAL ECOSYSTEM (WOODLANDS AND OTHER VEGETATED AREAS) .................................................... 7

GROUNDWATER ............................................................................................................................................................ 8

SURFACE WATER ........................................................................................................................................................ 10

AIR QUALITY................................................................................................................................................................. 12

NOISE ............................................................................................................................................................................ 14

LAND USE (GENERAL) ................................................................................................................................................ 15

LAND USE (AGRICULTURE) ........................................................................................................................................ 16

LAND USE (OPEN SPACE LINKAGES) ....................................................................................................................... 18

LAND USE (COMMERCIAL / INDUSTRIAL) ................................................................................................................. 19

LAND USE (COMMUNITY / RECREATION) ................................................................................................................. 20

CONTAMINATED PROPERTY AND EXCESS MATERIAL MANAGEMENT ................................................................ 23

ARCHEOLOGY AND BUILT HERITAGE AND CULTURAL HERITAGE LANDSCAPES .............................................. 25

DESIGNATED AREAS .................................................................................................................................................. 28

Note: In this appendix, the examples of environmental protection are provided for the Planning stage of Group A and B projects and for the

Preliminary & Detail Design Stage for Group A, B and C projects. The examples are for illustrative purposes only and are not all inclusive.

Actual environmental protection will be applied based on project specifics.



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FISH AND FISH HABITAT

Example of Effect Example of Protection Measure

Planning Stage (Alternative methods in Planning)

Direct loss of fish habitat Protect through alternate route to avoid critical fish habitat and sensitive water crossings or select route with the least impact on sensitive watercourses

Changes to water quality and quantity

Protect through alternate route to avoid ground water recharge areas or select route with the least impact on ground water recharge areas

Preliminary Design Stage (Design alternatives) and Detail Design Stage

Direct loss of fish habitat Avoid loss of critical fish habitat through alternative culvert / structure types and designs

Minimize all other in-stream and floodplain habitat loss, through alternative culvert / structure types and designs

Restore disturbed vegetation and aquatic habitat features (e.g., substrate)

Minimize stream relocations and channelization

Design stream relocations and channelization in such a manner that habitat features are maintained or enhanced

Minimize changes to stream gradients

Minimize trees and other vegetation removals adjacent to streams

Stabilize existing unstable banks and reaches to compensate for lost / altered habitat

Enhance existing in-stream and floodplain habitat to compensate for lost / altered habitat

Enhance stream flow characteristics (e.g., flow deflectors) to compensate for lost / altered habitat

Remove existing barriers to fish passage to compensate for lost / altered habitat




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FISH AND FISH HABITAT


Changes to water quality and quantity

Stormwater control through Stormwater Best management Practices (e.g., grassed swales, extended detention ponds)

Prohibit water removal from low-volume streams

design of culverts / stormwater facilities to account for groundwater upwelling areas

Inhibit fish passage Ensure culvert / structure design and placement permits fish passage or does not further impair fish passage

Construction Stage

Direct Loss of Aquatic Habitat

Minimize work within watercourses

Minimize access to and across watercourses

Enhance existing fish habitat to compensate for lost or altered habitat (see above)

Indirect loss of aquatic habitat through sedimentation and debris

Prevent sediment from entering into the watercourse

Prevent debris from entering into the watercourse

Isolate work area from watercourse

Stabilize disturbed soils

Also see "Erosion and Sediment Control"




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Loss of wildlife habitat Protect through alternate route or, if valley crossing, use of high structure

Select route with least impact on habitat

Obstructing wildlife movement

Avoidance, as above

Select route with fewest crossings of wildlife corridors

Effect on Species at Risk Protect through alternate route for known locations

Control through appropriate setback from known habitat

Severance of / encroachment on identified upland ecosystems

Protect through alternate route

Select route with least impact

Severance of / encroachment of identified aquatic / wetland ecosystems




Loss of wildlife habitat Protect through alignment modification

Minimize impact by following edges of habitat areas and / or crossing habitat areas at narrowest location

Minimize impact on edge or any part of area using appropriate design measures




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TERRESTRIAL ECOSYSTEM (WILDLIFE HABITATS AND MOVEMENTS)


Obstructing wildlife movement

Protect corridors to provide wildlife access across Right of Way (ROW) using appropriate design measures (e.g., culverts, etc.)

Wildlife mortality Same as above

Mitigate using appropriate signage to increase driver awareness

Severance of / encroachment on identified upland ecosystems

Minimize intrusion by use of design measures (i.e., horizontal / vertical alignments)

Mitigate with additional property acquisition and / or plantings and other design measures

Severance of / encroachment on identified aquatic / wetland ecosystems

Minimize intrusion by use of design measures (i.e. alignments, design of structures)

Construction Stage

Intrusion into sensitive area

Protect area using silt fence / tree protection

Protect area by prohibiting access

Prohibit / restrict open burning

Minimize tree removal




PP

EN

DIX

A

TERRESTRIAL ECOSYSTEM (WETLANDS)



Severance of / loss of wetlands




Severance of / loss of wetlands

Minimize intrusion by use of design measures (i.e., alignments, design of structures)

Construction Stage

Intrusion into sensitive area

Protect area using silt fence / tree protection





PP

EN

DIX

A

TERRESTRIAL ECOSYSTEM (WOODLANDS AND OTHER VEGETATED AREAS)



Effects on woodlands and other vegetated areas

Protect through alternate route that would avoid / minimize encroachment



Minimize impacts through horizontal / vertical alignments, and grading design to permit maximum retention of existing resources

Utilize landscape planting plan to mitigate impact resulting from tree removal

Construction Stage


Avoid / mitigate effects through enforcement of retention / protection measures, exercise careful work habits, and implementation of landscape plan




PP

EN

DIX

A

GROUNDWATER



Impacts of groundwater quality (increased pollutants) and quantity (fluctuation of ground water levels)

Adjust alignment to avoid source water protection areas, areas with high groundwater table, recharge areas and wells


Increased pollutants to groundwater recharge areas

Carry out Stormwater Management Plan (Study) to minimize water quality impacts to groundwater recharge areas, and incorporate recommended stormwater management practices into the design package

Avoid infiltration measures

Increased / Decreased runoff (water quantity) to groundwater recharge areas

Carry out Stormwater Management Study and incorporate recommendation in design package

Reduce depth of cuts in areas of shallow groundwater

Increased pollutants to groundwater in source water protection areas / recharge area

Carry out Stormwater Management Plan (Study) to minimize water quality impacts to groundwater recharge areas, and incorporate recommended stormwater management practices into the design package

Avoid Infiltration measures

Potential impacts to well water levels and quality due to the proposed design

Identify wells of high potential for impacts due to the proposed design

Consider pre-construction monitoring (sampling) of wells




PP

EN

DIX

A

GROUNDWATER


Construction Stage

Interference with the quality and / or quantity of water supply (wells) due to construction activities

Removal of wells

Provide temporary water supply

Monitoring (sampling) of wells

Decommission wells

Contamination of groundwater due to contractor activities (refuelling spills, etc.)

Require equipment refuelling restrictions

Remove or contain contaminated material

Minimize disturbance of septic systems

Utilize good management practices for the establishment and abandonment of wells and septic systems

Ensure positive drainage

Conduct monitoring of problems or potential problems as necessary

Impacts to septic system

Removal of septic system

Repair septic system and ensure septic systems removed from service are properly abandoned / decommissioned




PP

EN

DIX

A

SURFACE WATER



Increased water quantity to receiving watercourse (flood levels and erosion)

Adjust alignment to avoid sensitive watercourse crossings (flooding and erosion)

Property acquisition / protection for stormwater management ponds (flooding and erosion)

Minimize amount of impervious area

Increase pollutants to receiving watercourse (water quality)

Adjust alignment to avoid erodible soils

Adjust alignment to avoid sensitive watercourse crossings

Property acquisition / protection for stormwater management facilities

Maximize grassed areas (median ditches and outside ditches)


Potential increase in upstream / downstream flood levels and erosion at watercourses

Design of watercourse crossings (culverts and bridges) in accordance with Ministry Standards, Policies and Directives to minimize flood risk and erosion

Via stormwater management study, include facilities to control peak flow (runoff)

Identify locations requiring erosion protection and incorporate erosion protection measures into the design package

Potential increase of pollutants to receiving watercourses (increase imperviousness) and resulting damage to water quality

Carry out a stormwater management study to identify stormwater management practices (SWMPs) to be incorporated into the design package




PP

EN

DIX

A

SURFACE WATER


Potential increase in surface erosion to receiving watercourses

Incorporate erosion and sediment control measures into contract package

Construction Stage

Increase runoff from construction site to receiving watercourses

Require temporary detention basin / pond

Require contractor to have an adequate drainage conveyance system during construction

Monitor to ensure erosion and sediment control measures are installed and maintained

Contamination of surface waters

Remove or contain contaminated material

Clean out catch basins in storm sewer systems

Restrict equipment from entry into water

Utilize equipment refuelling setbacks from water bodies and other precautions

Stockpile setbacks from water bodies

Use enclosures on structural rehabilitation work and containment of spent blasting media

Prohibit use of hydraulic cleaning methods in sensitive areas

Prohibit stockpiling of materials in sensitive areas (e.g., within floodplain of watercourse or other designated areas)

Direct run-off away from sensitive areas

Contain and clean-up spills quickly and effectively

Report spills quickly and accurately




PP

EN

DIX

A

AIR QUALITY



Potential effect of long-term exposure, if exceedances of current air quality standards on:

o health impacts

o plant and crop damage

o property deterioration /

cleanliness

Control impacts through maintaining a setback from homes, schools, etc., from the proposed route of between 20 to 40 m, for air quality problem areas, based on variables of topography, wind, etc.


Potential effect of long-term exposure, if exceedances of current air quality standards on:

o health impacts

o plant and crop damage

o property deterioration /

cleanliness

Determine need to model impact on air quality of highway improvements, based on criteria for modelling developed by MTO for traffic volume, number of lanes and atmospheric conditions, to determine the need for mitigation measures

Minimize impact through appropriate design measures (depressed grade for air quality problem areas)

Improve traffic flow to reduce "stop and go" driving




PP

EN

DIX

A

AIR QUALITY


Construction Stage

Short-term effects of construction operations on adjacent sensitive receivers (i.e., residences, schools, hospitals, flora and fauna, etc.)

Include special provisions in contract to ensure no unnecessary idling of vehicles

Provide dust control / suppression

Locate contractors’ yards away from sensitive areas

Use incentive / disincentive clauses in contract to reduce the duration of construction




PP

EN

DIX

A

NOISE



Increased highway noise levels

Avoid residential areas / homes

Avoid other Noise Sensitive Areas (e.g., hospitals, long-term care facilities, etc.)


Increased highway noise levels

Minimize impacts through adjustments to highway gradient and / or vertical alignment

Use quieter pavement type

Install noise barriers in accordance with provincial policy

Construction Stage

Construction noise disturbance

Restrict night-time operations

Require equipment to be in good repair

Prohibit equipment yards in Noise Sensitive Areas




PP

EN

DIX

A

LAND USE (GENERAL)



Conflicts with municipal development goals / objectives

Consider municipal development goals / objectives in route selection

Re-distribution of population / employment effects

Consider municipal / provincial development strategies

Impacts on areas designated for settlement expansion

Consider alternative routes that facilitate areas designated for expansion

Fragmentation of designated environmentally sensitive areas

Avoid alignments that fragment environmentally sensitive areas


Reduced ability to proceed with approved private developments

Consider alternative alignments, cross-sections to minimize impacts on approved developments

Higher intensity of land use than previously existed

Corridor control to ensure that entrances and exists on the highway remain at a safe level

Construction Stage

Loss of / encroachment on environmentally sensitive areas

Prohibit entry and equipment storage in environmentally sensitive areas




PP

EN

DIX

A

LAND USE (AGRICULTURE)



Loss of specialty crop lands and class 1,2,3 agricultural soils

Loss of capital improvements

Fragmentation of designated prime agricultural areas

Avoid / protect through alternative route selection


Loss of specialty crop lands and class 1,2,3 agricultural soils

Loss of capital improvements

Minimize direct impacts to property by following lot / concession / field lines or existing right-of-way (ROW)

Compensate for ―injurious affection‖ where land is taken, MTO may compensate landowners for damages resulting from both construction and use of the highway; where no land is taken, MTO is only responsible for damages resulting from construction of the highway

Permanently removing existing access

Provide new access




PP

EN

DIX

A

LAND USE (AGRICULTURE)

Construction Stage

Decrease in land productivity as a result of blocked drainage

Repair construction damage to field tiles

Disrupting agricultural operations

Schedule construction to avoid work during active farm operations (e.g., cultivation, harvesting etc.) and rehabilitate areas disturbed by construction

Temporarily closing agricultural access

Provide alternative access

Disrupting livestock by creating noise and dust

Provide dust control / suppression, require equipment to be in good repair

Contaminants in run-off affecting crops

Direct run-off away from sensitive areas

Injury to crops and livestock due to particulate matter in air from open burning

Prohibit / restrict open burning during sensitive crop periods and in vicinity of livestock




PP

EN

DIX

A

LAND USE (OPEN SPACE LINKAGES)



Severance Avoid / protect through alternative route selection


Severance Shift alignment to avoid impact

Design structure to span area

Establish alternative linkage

Construction Stage

Intrusion Protect area using silt fence / tree protection


Restore damage areas by repair, grading, landscaping




PP

EN

DIX

A

LAND USE (COMMERCIAL / INDUSTRIAL)



Loss of business Protect through alternate route

Avoid impacting core business areas


Loss of business Acquiring property at fair market value

Considering advance purchase

Impacts to property Minimize direct impacts to property by following lot / concession / field lines or existing ROW

Compensate for ―injurious affection.‖ Where land is taken, MTO may compensate landowners for damages resulting from both construction and use of the highway. Where no land is taken, MTO is only responsible for damages resulting from construction of the highway.

Permanently removing existing entrance / exit

Provide alternate entrance / exit

Construction Stage

Disrupting business operations

Schedule construction to avoid work during business hours / peak tourist periods

Provide signage to direct potential customers

Compensate for business losses

Temporarily closing entrance / exit

Provide alternate entrance / exit




PP

EN

DIX

A

LAND USE (COMMUNITY / RECREATION)



Severance of communities Protect through alternative alignment

Maintain local roads (e.g., provide underpasses / overpasses) for delivery of community services (i.e., emergency vehicles, school buses)

Loss of homes Avoid through alternative route selection to bypass urban areas and clustered rural settlements to decrease the number of people affected

Loss of recreational / community facilities

Avoid through alternative route selection


Loss of homes Mitigate impacts by:

o acquiring property at fair market value

o considering advance purchase

o providing appropriate notice period (per lease agreements) if land is in public ownership

Impacts to property Minimize direct impacts to property by following lot / concession / field lines or existing ROW

Compensate for ―injurious affection.‖ Where land is taken MTO may compensate landowners for damages resulting from both construction and use of the highway. Where no land is taken, MTO is only responsible for damages resulting from construction of the highway.

Loss of recreation / community facilities

Mitigate impacts by acquiring property at fair market value




PP

EN

DIX

A



Permanently removing existing driveway / business access

Provide new access

Disrupting character of area

Preserve existing amenities as much as possible

Retain and / or plant vegetative buffer areas

Grade site to pleasing lines, utilize berms

Design and site structures to blend with adjacent areas

Permanently closing pedestrian / bicycle access

Provide alternative route / access

Permanently closing driveway / business access


Potential impacts on public transit routes

Consult with transit authorities to minimize conflicts / enhance opportunities

Potential impacts on emergency response routes

Consult with response agencies during design to minimize disruption, coordinate activities

Disruption of community infrastructure / services

Consult with utilities (electricity / water / sewer / gas / telephone / cable) during design to minimize disruption, coordinate activities

Construction Stage

Dust accumulation on private property

Provide dust control / suppression

Utilize temporary erosion control methods on staged construction




PP

EN

DIX

A



Temporarily closing driveway / business access


Utilize signing and detours to minimize inconvenience for both businesses and potential customers

Minimize the time when access is affected

Stage construction to minimize inconvenience where possible, and be as responsive as possible to the needs of individual businesses

Smoke impairing visibility / air

Prohibit / restrict open burning in vicinity of dwellings

Prohibit open burning on days weather conditions prevent dissipation of smoke

Temporarily closing pedestrian / bicycle routes / access

Provide alternative routes / access

Disruption of residents Provide community relations program (e.g., provision of information on timing of construction, project schedule, contact person to deal with day-to-day issues)

Provide contractor incentives to maintain or shorten construction schedule

Schedule construction to avoid disruption of peak outdoor activities of residents

Potential impacts on public transit routes

Maintain liaison / coordinate construction with transit authorities

Potential impacts on emergency response routes

Maintain liaison / coordinate construction with responding agencies

Disruption of community infrastructure / services

Maintain liaison with utilities

Consider coordinating construction and utility maintenance / upgrading to minimize disruption




PP

EN

DIX

A

CONTAMINATED PROPERTY AND EXCESS MATERIAL MANAGEMENT



Encroachment upon waste disposal sites, and contaminated or potentially contaminated property

Avoid waste disposal sites and contaminated property


Encroachment upon waste disposal sites and contaminated property

Remediate contaminated property as necessary

Minimize encroachment through design measures (e.g., alignment shift)

Contamination of groundwater

See "Groundwater"


See "Surface Water"

Contamination of Right-of-way (ROW) from waste disposal sites or contaminated properties

Design drainage measures to prevent landfill leachate from mixing with Highway drainage

Design measures to prevent waste material from impacting / entering the ROW

Design measures to prevent construction activities from impacting site, or contacting contaminated areas

For combustible gas, design measures to prevent explosive build-up in confined spaces on ROW




PP

EN

DIX

A

CONTAMINATED PROPERTY AND EXCESS MATERIAL MANAGEMENT


Release of asbestos or lead into the air / environment

Controlled removal of asbestos / lead-containing materials

Proper handling and disposal of asbestos / lead waste

Generation of excess concrete; asphalt or natural wood from the ROW

Incorporate / re-use excess materials into the design where possible and applicable

Construction Stage

Encroachment upon waste disposal sites and contaminated property

Monitor work in vicinity of waste disposal site or contaminated property as necessary to ensure absence of contamination

Site or item-specific monitoring and / or testing to identify contamination and determine viable options where necessary

Remediation of contamination in accordance with MOE's legislation and guidelines

Ensure good property and materials management practices to minimize negative impacts to the environment

Contamination of ground water

See "Ground Water"


See "Surface Water"




PP

EN

DIX

A

ARCHAEOLOGY AND BUILT HERITAGE AND CULTURAL HERITAGE LANDSCAPES



Loss of archaeological resources

Survey to identify sites

Avoidance, through alternative route selection

Loss of heritage structures / resources

Avoidance, through alternative route selection, minimize impacts to known heritage features of high and moderate significance

Impacts to registered and unregistered cemeteries which have been identified and documented

Avoidance, through alternative route selection

Effects on cultural heritage landscape , social / economic landscape features, scenic resources

Protect through alternate route to avoid / minimize encroachment

Alternative alignment that protects landscape scenic value

Avoid impacts by selecting alternative alignment that has least sensitive viewer groups in the vicinity


Loss of archaeological resources

Pre-construction archaeological survey and salvage in consultation with heritage agencies

Loss of heritage structures / resources

Documentation and restoration or removal of resource




PP

EN

DIX

A



Deterioration of sites or structures having archaeological or heritage value as a result of environmental changes

Decrease harmful environmental condition changes such as vibration, altered water table, etc.

Effects on cultural / heritage, social / economic landscape features

Minimize impact through horizontal/vertical alignments, and grading design to permit maximum retention of existing features

Utilize landscape planting plan to provide mitigation, screening and enhancement

Effects on visual landscape and scenic resources

Establish horizontal/vertical alignments that would best capture scenic potential

Utilize grading design to minimize removal of aesthetic landscape features

Ensure structural/lighting design is consistent with aesthetic conditions of site

Effects on adjacent dwellers sensitive to views of the facility

Design horizontal / vertical alignments that would least expose sensitive viewer groups to highway

Design grading to permit maximum retention of existing vegetative/visual buffer

Avoid visually intrusive structure / retaining walls designs

Provide visual screening and aesthetic enhancement through landscape design with earthwork and plantings

Construction Stage

Disturbance or destruction of archaeological / heritage resources

Include provisions in contract to stop construction in areas where archaeological resources are discovered during construction

Protect sites by restricting access




PP

EN

DIX

A



Effects on cultural / heritage landscape features

Mitigate effects through enforcement of retention / protection measures, exercise careful work habits, and implementation of landscape plan

Effects on visual landscape and scenic resources

Enforce retention / protection of aesthetic landscape features (e.g., woodlots, valleys)




PP

EN

DIX

A

DESIGNATED AREAS



Effects on Niagara Escarpment Plan Area, Oak Ridges Moraine Plan Area, ANSI's, ESA's, etc.

Protect through alternate route that would avoid / minimize encroachment



Protect through horizontal / vertical alignments, grading and structural design that would avoid incursion

Utilize landscape planting plan to provide buffer

Construction Stage


Mitigate effects through enforcement of retention / protection measures, exercise careful work habits, and implementation of landscape plan

LAST AMENDED: 2011 PAGE B-1



APPENDIX B: TYPICAL TRANSPORTATION

PLANNING AND DESIGN ELEMENTS USED TO

CREATE ALTERNATIVE METHODS AND

RELATED ENVIRONMENTAL PROTECTION

ACTIVITIES AND DECISIONS

TABLE OF CONTENTS

GROUP A & B PROJECTS: Typical Transportation Planning And Design Elements Used To Create Alternative

Methods And Related Environmental Protection Activities And Decisions........................................... 2

GROUP C PROJECTS: Typical Transportation Planning And Design Elements Used To Create Alternative Methods

And Related Environmental Protection Activities And Decisions ......................................................... 5




PP

EN

DIX

B

GROUP A & B PROJECTS: Typical Transportation Planning and Design Elements Used to Create Alternative Methods and Related Environmental Protection Activities and Decisions

Stage Typical Elements that are combined to develop Alternative Methods

Environmental Protection Activities

Typical Environmental

Protection Decisions Linear Facilities Service, Maintenance and

Operations Facilities

PLANNING

Purpose: To develop an understanding of the fundamentals of a project

Facility Type: o transitway technology (rail vs.

bus, etc.) o access control

Basic plan and profile (including route location); design speed; typical project cross-section

Need / location / type of interchanges, intersections

Need / location / type of transit stations

Need / location of bridges and culverts

Need / type of facility Site location (new facility

only), considering such things as visibility and accessibility

Identify environmental constraints to project objectives

Identify environmental deficiencies (e.g., contaminated properties)

Develop environmental protection strategies:

avoidance / prevention through planning alternatives

environmental design strategies

environmental remediation strategies

Avoidance / prevention of: o footprint

impacts o interference

impacts




PP

EN

DIX

B







PRELIMINARY DESIGN

Purpose: To develop the project to a level of detail that is specific enough to determine that the design is technically and economically feasible to construct, and that it is feasible to secure environmental permits, approvals and authorizations

Calculated horizontal and vertical alignment, design speed and typical project cross-section covering elements such as: o typical right-of-way

requirements o number of lanes / tracks o median width and type o shoulder type o ditches

Need / location / type of: o interchanges and intersections o bridges and culverts (including

span and width) o stormwater management

facilities o illumination and traffic signals o safety infrastructure

Staging of major work activities Agreements in principle for road

assumptions, transfers, closures, and the resolution of major rail and utility conflicts

Need / location / type of site components: o connection with

transportation system (ramps, roads, shipping lanes, transitway)

o docking and platform requirements

o buildings o internal roads o parking o illumination o safety infrastructure o auxiliary facilities

Initial property acquisition plan

Staging of major work activities

Identify environmental constraints to design

Develop environmental design concepts

Develop environmental mitigation concepts

Obtain agreements in principle for formal environmental approvals and permits

Avoidance / prevention of: o footprint


impacts Control /

mitigation of:

o footprint


impacts o traffic access

modification impacts

o emissions impacts

o timing considerations

Compensation and Enhancement details




PP

EN

DIX

B







DETAIL DESIGN

Purpose: To complete the design of the project

Calculated horizontal and vertical alignment and segment-specific cross-section details

Surveyed structure and culvert location / span / width

Details of illumination, traffic signals and safety infrastructure

Application of project-specific standards, and calculation of quantities for all of the above items

Signed agreements for road assumptions, transfers, closures and the resolution of major rail and utility conflicts

Final property requirements

Detailed and surveyed site plan for all components

Building architectural drawings



Identify environmental constraints to construction

Complete / modify environmental design elements

Complete / modify environmental mitigation

Develop environmental construction constraints

Sign agreements for formal environmental approvals and permits

Control / mitigation of: o footprint

impacts

o interference

impacts

o traffic access modification impacts

o emissions impacts


Compensation and enhancement details




PP

EN

DIX

B

GROUP C PROJECTS: Typical Transportation Planning and Design Elements used to create Alternative Methods and Related Environmental Protection Activities and Decisions

Stage Typical Elements that are Combined to Develop Alternative Methods Environmental Protection Activities


Protection Decisions

Linear Facilities Service, Maintenance and Operations Facilities

DESIGN

Purpose: To complete the design of the project

Basic plan of minor improvements Typical project cross-section elements such

as: o typical right-of-way requirements o auxiliary and turning lanes o median width and type o shoulder type o ditches

Type of minor improvements to : o interchanges and intersections o bridges and culverts (including span and

width) o stormwater management system o illumination and traffic signals o safety infrastructure

Staging of work activities Signed agreements for the resolution of rail

and utility conflicts Segment-specific cross-section details

including elements such as: o roadway, including shoulders, median,

ramps o pavement o ditches o construction staging, detours and

construction access Surveyed structure and culvert location / span

/ width

Basic plan of minor improvements

Need / location / type of site components: o connection with

transportation system o docking and platform

requirements o buildings o internal roads o parking o illumination o safety infrastructure o auxiliary facilities

Initial / final property acquisition plan

Staging of major work activities

Detailed and surveyed site plan for all components

Building architectural drawings


Identify environmental constraints to design

Develop modify / complete environmental design concepts

Develop / modify / complete environmental mitigation concepts

Identify environmental constraints to construction

Develop / modify / complete environmental construction constraints

Sign agreements for formal environmental approvals and permits

Control / mitigation of: o footprint


impacts o traffic

access modification impacts

o emissions impacts


Compensation and enhancement details




PP

EN

DIX

B

GROUP C PROJECTS: Typical Transportation Planning and Design Elements used to create Alternative Methods and Related Environmental Protection Activities and Decisions

Stage Typical Elements that are Combined to Develop Alternative Methods Environmental Protection Activities


Protection Decisions

Linear Facilities Service, Maintenance and Operations Facilities

Details of illumination, traffic signals and safety infrastructure



LAST AMENDED: 2011 PAGE C-1



APPENDIX C: TYPICAL CONTENT OF PUBLIC

NOTICES

TABLE OF CONTENTS

C.1 Use of this Appendix ........................................................................................................................................ 2 C.2 Notice of Commencement (for Group A and Group B Projects) ...................................................................... 2

C.3 Notice of Public Information Centre (PIC) ........................................................................................................ 3 C.4 Notice of Project Reclassification .................................................................................................................... 3

C.5 Notice of Completion ....................................................................................................................................... 4

C.6 Notice of Proposed Change to an Approved MTO Class EA Project ............................................................... 5

C.7 Notice of TESR Addendum Completion .......................................................................................................... 6




PP

EN

DIX

C

C.1 USE OF THIS APPENDIX

Please note that this appendix is provided to illustrate the typical contents of various MTO Class EA notifications. The proponent will consider the needs of individual projects when preparing notifications and adjust the content as needed to enhance / optimize consultation. The proponent may also combine certain notifications (see Chapter 8: Consultation for details).

C.2 NOTICE OF COMMENCEMENT (FOR GROUP A AND GROUP B PROJECTS)

• Name of the proponent

• Name of the Class EA project

• Purpose of the Notice

• Project Description

• Name of the approved Class EA under which the project is being conducted (i.e., Class Environmental Assessment for Provincial Transportation Facilities).

• Project Group (A or B)

• An invitation to participate in the process

• How to participate

• Key project contact information: person(s) to contact (e.g., proponent staff and / or consultant staff), address, telephone number, e-mail address, etc.

• Where information is available: physical location(s) and website address where individuals can review any project files or documentation

• Freedom of Information statement

• Accessibility accommodation statement




PP

EN

DIX

C

C.3 NOTICE OF PUBLIC INFORMATION CENTRE (PIC)





• Name of the approved Class EA under which the project is being conducted (i.e., Class Environmental Assessment for Provincial Transportation Facilities)

• Project Group (A, B or C)

• Where the project is in the Class EA process (e.g., Preliminary Design stage)


• How interested parties can participate


• When and where the PIC will be held

• Project website if available



C.4 NOTICE OF PROJECT RECLASSIFICATION



• Purpose of the Notice including a statement that the project has been stepped down from a Group B to a Group C



• An invitation to provide requests to the proponent to reconsider the reclassification


• Duration of the comment period (i.e., 30 days), including the date of publication of the Notice






PP

EN

DIX

C

C.5 NOTICE OF COMPLETION




• Description of the project (i.e., recommended improvements or work resulting from preliminary design)



• A notification that the Transportation Environmental Study Report (TESR) or Environmental Study Report (ESD) has been prepared and that it is available for review by interested persons

• Where the TESR is available for review (e.g., the proponent’s office, local municipal offices, public libraries, project website)

• Duration of the review period, including the date of publication of the Notice


• A request that any individual who feels that there are outstanding concerns associated with the project communicate with the key project contacts and seek to resolve the concerns

• Right to request a Part II Order notification information:

o an individual can submit a formal request that the Minister of the Environment or delegate make a Part II Order if the individual feels that there are outstanding concerns associated with the project and those concerns cannot be resolved directly with the proponent

o a copy of the request should be sent to the key project contacts

o any requests must be received on or before the end of the specified review period

o the address of the Ministry of the Environment where the individual can: 1) learn the specific information that the individual must provide in order to make a valid Part II Order request; and 2) send the request and accompanying information

• A statement that the proponent can legally proceed with the project under the Environmental Assessment Act if no Part II Order requests are submitted during the review period






PP

EN

DIX

C

C.6 NOTICE OF PROPOSED CHANGE TO AN APPROVED MTO CLASS EA PROJECT




• Description of the approved project and a description of the proposed significant changes

• Name of the approved Class EA under which the project was conducted (i.e., Class Environmental Assessment for Provincial Transportation Facilities)



• How to participate


• Where the information is available (i.e., physical location(s) and / or website address where individuals can review the TESR Addendum and any other project documentation)






PP

EN

DIX

C

C.7 NOTICE OF TESR ADDENDUM COMPLETION




• Description of the project (i.e., recommended improvements or work resulting from preliminary design) and a description of the proposed significant changes



• A notification that a Transportation Environmental Study Report (TESR) Addendum has been prepared and that it is available for review by interested persons

• The location where the TESR Addendum is available for review (e.g. the proponent’s office, local municipal offices, public libraries, project website)

• Duration of the review period, including the date of publication of the Notice, and end date of the review period


• A request that an individual who feels that there are outstanding concerns associated with the project communicate with the key project contacts and seek to resolve the concern

• Right to request a Part II Order notification information:

o an individual can submit a formal request that the Minister of the Environment or delegate make a Part II Order if the individual feels that there are outstanding concerns associated with the project and those concerns cannot be resolved directly with the proponent

o a copy of the request should be sent to the key project contacts

o any requests must be received on or before the end of the specified review period

o the address of the Ministry of the Environment where the individual can: 1) learn the specific information that the individual must provide in order to make a valid Part II Order request; and 2) send the request and accompanying information

• A statement that the proponent can legally proceed with the project as amended under the Environmental Assessment Act if no Part II Order requests are submitted during the review period—and that the proponent can withdraw the TESR Addendum and proceed with the project as approved



LAST AMENDED: 2011 PAGE D-1



APPENDIX D: USE OF THE MTO CLASS EA TO

AMEND APPROVED INDIVIDUAL

ENVIRONMENTAL ASSESSMENTS

LAST AMENDED: 2011 PAGE D-2



PP

EN

DIX

D

The proponent may determine that it is necessary to amend an approved individual environmental assessment. This may be due to a number of reasons, such as a change in conditions, the development of new technology or mitigating measures, or the identification of new concerns.

This Class EA specifies the following amending process:

The proponent will consult affected external agencies and interested persons on the proposed changes, anticipated environmental effects, proposed mitigation and the need for a Transportation Environmental Study Report (TESR). The proponent will follow the Class EA process and the principles of:

o transportation planning and design for identifying alternatives

o environmental protection

o consultation

o documentation

o issue resolution during public review

Depending on the complexity of the proposed change and the number of interested persons affected by the proposed change, a Public Information Centre may be held.

A Transportation Environmental Study Report (TESR) will be prepared to document the circumstances necessitating the change, outline the proposed change and identify the anticipated environmental effects and proposed mitigation measures. The TESR will constitute an addendum to

the original individual EA and will be made available for a 30-day public review period.

The proponent will publish a Notice of Completion including the opportunity for Part II Order requests at the time of TESR publication.

Only the changes noted in the TESR will be eligible for consideration in a Part II Order request. The concept of the undertaking as outlined in the original EA may not be challenged. In the event that a Part II Order request is granted, the proponent has the option of withdrawing the TESR and implementing the project as documented in the original EA.

LAST AMENDED: 2011 PAGE E-1



APPENDIX E: PROCESS FOR AMENDING THE

MTO CLASS EA IN 2011

TABLE OF CONTENTS

E.1 INTRODUCTION ............................................................................................................................................. 2 E.2 AMENDMENT FORMULA ............................................................................................................................... 2 E.3 REVIEW AND AMENDMENT PROCESS ....................................................................................................... 3 E.3.1 Issues and Opportunities Review .................................................................................................................. 3

E.3.2 Development of Proposed Amendments to the MTO Class EA .................................................................... 3

E.3.3 Ministry of the Environment (MOE) Formal Review of Proposed Amendments ............................................ 5




PP

EN

DIX

E

E.1 INTRODUCTION

On October 6, 1999 a new MTO Class Environmental Assessment (EA) parent document, "Class Environmental Assessment for Provincial Transportation Facilities,‖ was approved by Order-in-Council. On July 14, 2000, the Class EA parent document was amended.

Based on the experience gained in applying the Class EA process since the last amendment, MTO sought to improve the parent document, and to update it to reflect current approaches and terminology.

E.2 AMENDMENT FORMULA

The MTO Class EA parent document (as amended July 14, 2000), was amended according to the major amendments formula outlined in that document. Major amendments are amendments that substantively change this Class EA. The steps in the major amendment formula are as follows:

1. MTO will bring the proposed amendment to the attention of the Minister of Environment (the Minister), or his delegate, describing the rationale for the amendment.

2. Prior to making a decision about the proposed amendment, the Minister or his / her delegate may instruct MTO to conduct an approved public consultation process, including notification of the public and any potentially affected agency or municipality to request comments. A 30-day review period for responses will be provided.

3. If no consultation is required, the Minister or his / her delegate shall make a decision within 60 days of notification of the proposed amendment. If consultation is required, the Minister or his / her delegate shall make a decision within 60 days after submission of the results of the consultation.

4. Based on MTO’s proposal and any comments received, the Minister or his / her delegate may determine that there are no significant environmental concerns resulting from the proposal, and approve the amendment. If the Minister or his / her delegate believes that there are significant environmental concerns that cannot be resolved through conditions or negotiation between MTO and the concerned party, the Minister or his / her delegate may declare that the amendment can only be evaluated through the submission and approval of a new Provincial Transportation Facility Class EA.

5. If the amendment is approved, a Notice of Amendment shall be given to all persons who made submissions and a copy of the notice shall be placed in the public record.

As described in the next section, MTO met the above requirements by consulting both during the determination of potential amendments as well as on a table of proposed amendments, including a 45-day public review period.




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E.3 REVIEW AND AMENDMENT PROCESS

The MTO Class EA review and amendment was undertaken in three main steps:

1. Issues and Opportunities Review

2. Development of Proposed Amendments to the Class EA

3. Ministry of the Environment (MOE) Formal Review of Proposed Amendments.

The next section discusses the purpose of each step and the consultation that was undertaken.

E.3.1 Issues and Opportunities Review

MTO was interested in learning about issues and opportunities from the perspective of those who are / have been actively engaged in the undertaking of MTO and other Class EA's. Accordingly, MTO undertook internal as well as external consultation. Feedback was organized as responses to a questionnaire. MTO sent written requests to the Ministry of the Environment to have its Environmental Assessment staff provide feedback on the MTO Class EA. In addition, input from private-sector practitioners was solicited through written requests to the following professional associations (non-government organizations, or NGOs):

Professional Engineers of Ontario (PEO)

Ontario Association of Impact Assessment (OAIA)

Ontario Professional Planners Institute (OPPI).

MTO also considered unsolicited comments it had received from staff, external agencies and interested persons regarding the Class EA in the years since the previous amendment.

E.3.2 Development of Proposed Amendments to the MTO Class EA

Proposed amendments to the MTO Class EA were developed based on the comments received. A table of proposed amendments was drafted to help with consultation. Hereafter this table is referred to as the Table of Proposed Changes.

Develop External Consultation Plan

MTO developed a consultation plan. A draft was provided to the Ministry of the Environment for review prior to consultation.

External Input into Proposed Amendments

The following were invited to comment on the Table of Proposed Changes:

MOE EA staff

Provincial / Territorial Organizations (PTO's)

Government Review Team

Non-Government Organizations, and

Public (via Environmental Bill of Rights [EBR] registry).

All comments received were considered in drafting the final proposed amendments.




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MOE Environmental Assessment Staff

MTO and its consultant briefed the MOE Project Officer and Supervisor of the EA Branch on the Table of Proposed Changes on April 30, 2010. No significant issues were identified.

Provincial / Territorial Organizations

As per discussions with MOE’s Aboriginal Affairs Branch, the following organizations were sent notification of the Table of Proposed Changes via regular mail. Each was sent a cover letter of explanation including new text regarding EA consultation with Aboriginal peoples, a CD of the current Class EA, and the Table of Proposed Changes. A response was requested within 45 days as per the EBR registry posting, if the correspondents had any objections to the proposed amendments:

Chiefs of Ontario (COO)

First Nations of Treaty

Nishnawbe-Aski Nation

Union of Ontario Indians

Association of Iroquois & Allied Indians

Métis Nation of Ontario

Independent First Nations of Ontario.

This review does not require MTO to meet the Crown’s duty to consult, since there are no potential impacts on Aboriginal rights.

Government Review Team

As per discussions with MOE, the MOE-maintained Government Review Team (GRT) October 2009 list was used as a base to identify government agencies that may have an interest in the MTO Class EA. A subset of the GRT was selected based on the agencies that regularly participate in MTO Class EA projects. The following is a list of the agencies that were notified by e-mail of the EBR registry posting and asked to participate:

Department of Indian and Northern Affairs

Office of the Federal Interlocutor for Métis and non-status Indians

Environment Canada

Fisheries and Oceans Canada

Transport Canada

Ministry of Aboriginal Affairs

Ministry of Agriculture, Food and Rural Affairs

Ministry of Community Safety and Correctional Services

Ministry of Tourism and Culture

Ministry of Economic Development

Ministry of Energy and Infrastructure

Ministry of Municipal Affairs and Housing

Ministry of Natural Resources

Ministry of Northern Development and Mines

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Ontario Power Generation

Ontario Realty Corporation

Conservation Ontario.

Non-Government Organizations (NGOs)

Private sector organizations were notified by e-mail of the EBR registry posting and their members were invited to participate. The organizations are:

Professional Engineers of Ontario

Ontario Association of Impact Assessors

Ontario Professional Planner Institute

Consulting Engineers of Ontario (CEO)

Municipal Engineers Association (MEA).

Public

The public was notified of the Table of Proposed Changes and comments were elicited through the placement of an Information Notice on the EBR. Any comments or objections to the proposed amendments were requested within a period of 45 days.

E.3.3 Ministry of the Environment (MOE) Formal Review of Proposed Amendments

This process is controlled by MOE and includes a mandatory 30-day public review period. Based on MTO’s submission and any comments received, the Minister, or his delegate, has determined that there are no significant environmental concerns resulting from the proposal and has approved the amendment.

With the approval of the amendment, MOE provided a Notice of Amendment to all persons who made submissions to MOE. A copy of the notice shall be placed in the public record.