New regulation to focus on…

New regulation to focus on mu nicipal environmental assessment requirements.
ERO number: 019-7891

Comments to the Province
The Town of Oakville acknowledges the provincial objective to streamline infrastructure delivery through the proposed Municipal Project Assessment Process (MPAP). We support the Province’s intent to focus EA obligations on the most complex projects and to deliver works faster. The Town will align its internal practices with MPAP while recommending proportionate safeguards that maintain environmental stewardship, archaeology, and meaningful engagement in a fit-for-purpose way.

As obligations shift under MPAP, concise implementation tools will help municipalities apply the streamlined framework consistently without recreating MCEA-scale processes. We recommend province-issued screening templates, proportionate documentation outlines, model notice examples, and scalable engagement matrices that municipalities can adopt where they choose to go beyond MPAP minimums.

The following comments are scoped to respond to recent amendments to the proposal.

The New Archaeological Assessment Process and Project List
While the intent to better protect cultural heritage is clear, the execution presents challenges:

Archaeological Assessment Requirements: Please confirm that assessments may proceed from Stage 1/2 to Stage 3 and, where warranted, Stage 4, and correct Diagram 1 to avoid implying termination at Stage 2.

Archaeological Exemptions under Bill 5: Please clarify how any archaeology exemptions under the proposed regulation under the Ontario Heritage Act through the Protect Ontario by Unleashing Our Economy Act, 2025 would interact with this new process to avoid uncertainty and ensure consistent implementation.

Changes to the proposed project list for the Streamlined EA process
The Province has indicated that the proposed Streamlined EA Project List has been refined to:
• adjust thresholds for when projects fall under the streamlined EA,
• add new project types (including for private sector developers), and
• remove certain project categories that are now better addressed through other designations or processes (e.g., archaeological assessment).

The Town supports modernization that improves clarity and timeliness; however, we offer the following comments regarding scope, clarity, cumulative effects, and environmental oversight.

Improved clarity in project descriptions
The revised project list provides clearer definitions of designated project types and refined inclusion thresholds, which is a positive step that will reduce interpretation risks for municipalities during capital planning and procurement. The Town recommends including practical examples (e.g., road widenings, facility expansions, stormwater retrofits) to support consistent interpretation and application across municipalities.

Re-introduction of certain private-sector developer projects
The proposed inclusion of private sector drinking water and wastewater projects under the Streamlined EA Process is a positive refinement that responds to stakeholder feedback. Given the significant environmental and servicing risks associated with these systems, consistent EA oversight should apply regardless of proponent type. Please confirm whether expansions of privately constructed but municipally connected water and wastewater infrastructure are included, as this is a common scenario in growth municipalities such as Oakville.

Changes to thresholds for designated project types – needs further clarification
The posting indicates that thresholds determining applicability of the streamlined EA have been revised, but the specific values are only provided in technical tables. These changes could materially affect stormwater, transportation, and water/wastewater projects, particularly in built-up urban areas like Oakville where environmental and community sensitivities are high. We recommend supplying clear rationale for revised thresholds and pairing scale thresholds with context-sensitive triggers (e.g., proximity to floodplains, watercourses, or significant natural features) so assessment is targeted to site risk.

Changes to the proposed EA process: impact assessment, consultation, documentation and notification

Duty to Consult
The Town of Oakville supports the Province’s renewed emphasis on the Duty to Consult as a fundamental component of the Environmental Assessment process and recognizes its role in supporting meaningful engagement with Indigenous communities. To ensure this commitment is implemented effectively and consistently, the Town encourages the Province to provide additional clear, standardized direction through policy and, where appropriate, regulation. This direction should establish defined parameters related to who must be consulted, the scope and objectives of consultation, appropriate engagement methods, documentation requirements, and clear timelines for consultation activities.

In the absence of provincially established guidance, municipalities are required to interpret and operationalize the Duty to Consult independently, which can lead to inconsistent application across projects and jurisdictions, uncertainty for all parties, and the potential for project delays despite goodfaith efforts to engage. Providing consistent timelines and clear expectations, including provisions that allow projects to proceed where reasonable consultation efforts have been undertaken without response, would support predictable, timely project delivery while maintaining the integrity of consultation.

If the Province is affirming the importance of the Duty to Consult as part of EA modernization efforts, it is essential that municipalities are equipped with a clear and consistent framework to implement this duty in a manner that is transparent, efficient, and respectful, and that balances meaningful engagement with the need to advance projects that support community growth and infrastructure delivery.

Public Engagement and Risks to First Nations
The proposed changes risk eroding the principle of meaningful consultation with Indigenous groups and communities.

Crown role & Duty to Consult: Clarify Crown triggers, roles, and documentation expectations for Indigenous consultation under MPAP and for non‑EA projects, and how municipalities should support the Crown efficiently and respectfully.

Duty to Consult: Oakville occupies the traditional territory of the Mississaugas of the Credit First Nation. We urge the Province to ensure that the new regulation includes a mandatory, robust trigger for Indigenous engagement that is not diminished by the streamlined nature of the project.

Existing EAs on file
The Town seeks clarification from the Province regarding the impact of these legislative changes on existing EAs that have been completed and filed by municipalities. Where portions of the original design proposed in an EA have changed, the Town seeks clarity on whether an addendum is required for the entire project area, or if an addendum should be issued only for the portions of the original study that have changed.

6. Conclusion
The Town supports MPAP and the revocation of MCEA for routine municipal works, with a modern, risk‑based approach to archaeology, engagement, and transparency. The above adjustments preserve speed while strengthening clarity, consistency, and public trust, and they clarify how municipalities can support the Crown to meet the Duty to Consult.

By maintaining minimum engagement standards, strengthening links between archaeological and broader project consultation, and providing implementation guidance to municipalities, the Province can achieve its efficiency objectives while preserving public trust, environmental stewardship, and respectful relationships with Indigenous communities.