Notice Regarding Changes to the Part II Order Request Process under the Environmental Assessment Act

Amendments to Environmental Assessment Act made under the COVID-19 Economic Recovery Act came into effect on July 21, 2020.

Amendments that are relevant to the Ministry of Infrastructure Public Work Class Environmental Assessment (PW Class EA) are already being implemented, and are noted below pending revisions to the PW Class EA to reflect these changes:

• Section 16 of the Environmental Assessment Act (EA Act) outlines new requirements relating to requests for the Minister to elevate a Class EA to an Individual (now referred to as ‘Comprehensive’) EA including changes to process and timelines.

Perhaps most significant, is that Section 16(6) limits the reasons for requests to the Minister to elevate a Class EA to an Individual (now referred to as ‘Comprehensive’) EA to issues related to Indigenous or treaty rights. Specifically, such requests may only be made “on the grounds that the order may prevent, mitigate or remedy adverse impacts on the existing Indigenous and treaty rights of the Indigenous peoples of Canada”.