A summary of City of…

1. With respect to the list of MPAP eligible projects, the reference to construction of a new sewage treatment plant with rated capacity of more than 50,000 litres per day should be clarified. The proposed regulation defines “sewage” as including sanitary wastewater and stormwater. The project identification in the MPAP table could be misinterpreted by non-engineering personnel to mean a conventional stormwater management pond would be subject to the MPAP.

2. It would be helpful for practitioners if the MPAP process detailed the supporting studies and work required to be completed before the commencement notice is issued.

3. The MPAP process, at a maximum of 120 days provides limited opportunity for meaningful consultation if the project proponent were also intending to seek endorsement of the project from City Council. A typical Municipal Council approval/endorsement requires a minimum of four weeks (6 weeks is typical). We propose that a second, 30-day time-out provision be available within the MPAP for consultation with Municipal Council.

4. The messaging around the proposed regulation is misleading. The overall time savings and simplification of project planning being reported by the province would only be realized if a project proponent chooses to forego the project planning process for exempt projects or if there is a request received to elevate an MPAP project to a comprehensive EA. The time savings in the event of a Part II Order request would only be realized if the ministry review adheres to the prescribed 35-day review. We anticipate that the final regulation will include language that allows the ministry to extend their review period. We suggest the province revise its messaging around the proposed regulation to reflect “modernization and reduced bureaucracy” of the Class EA process rather than a time and money saver.

5. In general, there is reason to be concerned about loss of potential environmental safeguards (when looking at the “environment” from the perspective of the EA process (Natural, Cultural, Social, Built, Economic). There are processes and approvals in place to safeguard the Natural and Cultural environments, but limited safeguards for the Social and Built environments. We suggest the province, in conjunction with passing of the proposed regulation release a guide or recommended or “best practice” project planning tool that would assist municipalities with project planning processes (for exempt projects) to ensure all aspects of the environment continue to be considered project planning processes.

6. It is crucial the province provide a reliable timeframe for approval and implementation of the proposed regulation.