Part II Order

A person or party can ask to review a project. The Minister of the Environment and Climate Change can then order a project to comply with the Environmental Assessment Act (the "Act"). The order applies to Part II of the Act and is called a Part II Order, but is more often called a "bump-up" in the status of the project.

Individual Environmental Assessment (IEA)

Part II of the Act addresses an Individual Environmental Assessment (IEA). An IEA means the proponent of a project needs to define a planning and design process. It must be specific to that proposed project. The proponent has to submit it to the Minister of the Environment and Climate Change for approval. This must happen before doing an Environmental Assessment.

How do I request a Part II Order?

For Schedule B projects, tell the proponent about your concern. Do it during Phase 2 of the process.

For Schedule C projects, tell the proponent anytime between Phases 2 and 4 of the process.

A concern might not be resolved through discussions with the proponent. If not, ask the proponent to elevate the project to an IEA under Part II of the Act. The proponent chooses whether or not to do it. If the proponent declines, write to the Minister of the Environment and ask for a Part II Order. Send one copy to the Minister and another to the proponent at the same time.

For Schedule B projects, write to the Minister within 30 days of the Notice of Study Completion.

For Schedule C projects, the proponent files an Environmental Study Report. Write the Minister within 30 days of the filing. The public reviews the Environmental Study. The review is after the Notice of Environmental Study Report Completion.

What should my request for a Part II Order include?

Address the following issues in your request:

• Environmental impacts of the project and their significance.
• Adequacy of the planning process.
• Availability of other alternatives to the project.
• Adequacy of the public consultation program and the opportunities for public participation.
• Involvement of the person or party in the planning of the project.
• Nature of the specific concerns which remain unresolved.
• Details of any discussions held between the person or party and the proponent.
• Benefits of requiring the proponent to undertake an IEA.
• Any other important matters considered relevant.

Withdrawing a Part II Order

A proponent might resolve the concern to your approval before to the Minister's decision on a Part II Order. If so, you must withdraw your request for the Part II Order. Submit your withdrawal in writing and forward a copy to the proponent.

How will the Minister consider my request for a Part II Order?

Once the Minister gets your request, the Minister will advise the proponent. The proponent can respond to the Minister with a submission, which needs to address the issues raised in your request.

The Minister considers 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.

The Minister's decision is final.