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Part II Order

What is a Part II Order?

In response to a request from a person or party to review the status of a project, the Minister of the Environment may order the proponent of a project to comply with Part II of the Environmental Assessment Act (EAA). Such an order from the Minister is referred to as a "Part II Order", or also commonly called a "bump-up" in the status of the project.

Part II of the EAA addresses what is referred to as an Individual Environmental Assessment (Individual EA). An Individual EA requires that the proponent of a project define a planning and design process specifically for that proposed project and submit it to the Minister of the Environment for approval prior to carrying out an Environmental Assessment.

How do I Request a Part II Order?

For projects categorized as Schedule 'B' under the Municipal Class EA process, a person or party with a concern should bring it to the attention of the proponent during Phase 2 of the Municipal Class EA process. Similarly, for Schedule 'C' projects a concern should be brought to the attention of the proponent at any point during Phases 2 through Phase 4 of the Municipal Class EA process.

If a concern cannot be resolved through discussions with the proponent, the person or party raising the objection may request the proponent to voluntarily elevate the project to an Individual EA under Part II of the EAA. If the proponent declines, the person or party with the concern may write to the Minister of the Environment and request a "Part II Order". A copy of the request should be copied to the proponent at the same time that it is submitted to the Minister.

For Schedule 'B' projects, a written request to the Minister must be submitted within 30 calendar days of the Notice of Study Completion being issued. For Schedule 'C' projects, a written request to the Minister must be submitted within 30 calendar days after the proponent has filed the Environmental Study report (ESR) for public review and issued the Notice of ESR Completion.

What Should My Request for a Part II Order Include?

Requests from a person or party to the Minister for a "Part II Order" should address the following issues:

  • Environmental impacts of the project and their significance
  • The adequacy of the planning process
  • The availability of other alternatives to the project
  • The adequacy of the public consultation program and the opportunities for public participation
  • The involvement of the person/party in the planning of the project
  • The nature of the specific concerns which remain unresolved
  • Details of any discussions held between the person/party and the proponent
  • The benefits of requiring the proponent to undertake an individual environmental assessment
  • Any other important matters considered relevant

If a proponent resolves the concern in question to the satisfaction of the petitioner prior to the Minister's decision on a "Part II Order", it is the responsibility of the petitioner to withdraw the request for a "Part II Order". Withdrawals should be in writing to the Minister with a copy forwarded to the proponent.

How Will the Minister Consider My Request for a Part II Order?

On receipt of a request to the Minister, the proponent shall be advised of the request. The proponent may then respond to the Minister with a submission that addresses the issues raised in the request for a "Part II Order".

In considering a request for "Part II orders", the Minister shall give consideration to the following issues:

  • Extent and nature of public concern
  • Potential for significant adverse environmental effects
  • Need for broader consideration of alternatives by the proponent
  • Considerations of urgency
  • Participation of the requester in the planning process
  • Nature of the request
  • Degree to which public consultation and dispute resolution have taken place

When a request for a "Part II Order" is submitted, the Minister's decision is final.