Please find the comments…

Please find the comments with regards to EA Modernization ERO 019-7891 from the City of Brantford.

1. The City of Brantford (City) supports the Municipal Engineers Association in their detailed comments on the ERO 019-7891.

2. Indigenous Engagement
The City and other municipalities in the area have been engaging Indigenous communities in each phase of the MCEA process and consult with Indigenous communities in Stage 1 and subsequent stages of archaeological assessments. The municipalities support indigenous communities through capacity funding agreement, field monitoring agreement and ensure the Indigenous engagement are embedded throughout the MCEA process.

When MCEP mandates more than one representative groups to one Indigenous community in the MCEA or future AAP processes, it could be detrimental to municipalities’ established relationship with the subject Indigenous community. It further presents financial burden to municipal infrastructure projects and results in delays, affordability and other practical concerns. In consideration of consulting both SNGR Elected Council and HCCC /HDI on behalf of the Six Nations, the Miniter of Indigenous Affair addressed a letter to both SNGREC and HCCC council members in Nov 2024, indicating the significant concern for the DTC obligations and encouraging an improved one-window consultation approach with the Six Nations community. The SNGREC Chief has also reached out to HCCC and Clan Mothers in February 2023, to work together and consolidate the partnership.

The City respectively shares our concerns in the MECP’s requirement to engage both SNGREC and HCCC /HDI through the MCEA or future MPAP /AAP processes. Unless certain groups raise concerns of the municipal projects, the MECP does not have to enforce the engagement of both groups within Six Nations community.

3. The proposed Termination Rules in the Transition Provisions indicate “A proponent would not be eligible to terminate in certain circumstances, such as where a Section 16 order request has been made in respect of the project before the transition date”.

The City further suggests during the future transition period, that the Ministry allow MCEA projects currently received Section 16 Order request(s) to have the opportunity to transition from the MCEA process to the MPAP or AAP process. It is under the circumstance when the Section 16 Order request(s) are based on the land claim and development compensation to the Indigenous community. If all MCEA requirement from both the technical and consultation perspectives are fulfilled, the subject MCEA projects shall be deemed complete and /or able to proceed with project implementation following maximum 35 day of final report completion.

4. General Concerns

There are significant concerns that removing all requirements for private proponents and excluding major industrial projects from the broader EA process would undermine the ability to meaningfully evaluate a project's overall and cumulative impacts. Other regulatory tools and permits, such as ECAs and PTTWs, do not provide the same level of structure, consistency, or rigor as a comprehensive MCEA framework. In addition, clearer expectations are needed from the province, including defined metrics for what constitutes adequate due diligence and Indigenous consultation to ensure consistency and quality. This should be supported by province funding to Indigenous communities to establish a baseline consultation capacity. Finally, the province should clearly specify the required number, scope and depth of supporting studies as well as approval responsibilities, to better define and summarize municipal obligations.