• Notice Regarding Disposition and Severance in the Ministry of Infrastructure Public Work Class Environmental Assessment

    Amendments to General Regulation 334 under the Environmental Assessment Act came into effect on June 12, 2019.

    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:

    • Undertakings in respect of Government property that consist of a disposition of any interest in land are exempt from the Environmental Assessment Act.
      • Disposition refers to the sale or lease of all or part of a property, or the granting of an easement.
      • This exemption applies to disposition carried out by or on behalf of the Minister of Government and Consumer Services.
      • The PW Class EA no longer applies to dispositions of Government property.
    • Undertakings in respect of Government property that consist of a severance of land are exempt from the Environmental Assessment Act.
      • Severance refers to the division of a property into more than one lot.
      • This exemption applies to severance carried out by or on behalf of the Minister of Government and Consumer Services.
      • This exemption removes the requirement in the current PW Class EA for local municipal request/consent for the Crown to sever land in sales transactions with certain third parties (private sector).
      • The PW Class EA no longer applies to severances of Government property.
    • A disposition undertaking is not exempt if a public notice of the undertaking was issued before July 1, 2019 in accordance with the PW Class EA. For severance undertakings where a public notice was issued before July 1, 2019 IO, in consultation with MGCS, will undertake an internal review and determine how to proceed.
    • The transfer of responsibilities for Government property (through Order in Council 1152/2018) from the Minister of Infrastructure to the Minister of Government and Consumer Services and the sharing by these two ministers of responsibilities related to infrastructure development on government property.
      • This means that the Minister of Government and Consumer Services may use the PW Class EA as a proponent