Notice of approval

Proponent: Ministry of Transportation
Environmental assessment file number: TC-SW-02

Take notice that the period for requiring a hearing, provided for in the Notice of Completion of the Review for the above noted undertaking, expired on March 18, 2005. I received one submission before the expiration date. The public had been advised that the Minister was considering applying section 9 of the Act with respect to the Environmental Assessment (which has the effect of eliminating the acceptance decision which was necessary prior to January 1, 1997) and were invited to make submissions on that proposal. None did.

Pursuant to subsection 12.4(3) of the amended Environmental Assessment Act, I order that the provisions of section 9 (other than paragraph 9(2)2 and other than the reference to subsection 6.4(2) in paragraph 9(2)5) apply with respect to the Environmental Assessment.

I do not consider it advisable or necessary to hold a hearing. Having considered the purpose of the Act, the Environmental Assessment, the Review and submissions received, I hereby give approval to proceed with the undertaking, subject to conditions set out below.

Reasons

My reasons for giving approval are:

  1. On the basis of the proponent’s Environmental Assessment and the Review, the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
  2. No other beneficial alternative method of implementing the undertaking was identified.
  3. Issues raised during the review of the Environmental Assessment have been resolved or are best addressed by conditions of approval.
  4. On the basis of the proponent’s Environmental Assessment, the Review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Act (section 2).
  5. The Government Review Team has indicated no outstanding concerns that can not be addressed through conditions of approval. The public review of the Environmental Assessment did not identify any outstanding concerns which can not be addressed through these conditions of approval.
  6. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

Definitions

Proponent
refers to the Ontario Ministry of Transportation.
MOE
refers to the Ontario Ministry of the Environment.
EAAB
refers to the Environmental Assessment and Approvals Branch of the Ministry of the Environment.
Director
refers to the Director of the Environmental Assessment and Approvals Branch.
Regional Director
refers to the Director of the MOE's West Central Regional Office.
EA
refers to the document titled Highway 7: Kitchener to Guelph - Amendment to the Environmental Assessment Report 1997, dated October 2004.

Standard conditions

  1. The Proponent shall comply with the provisions of the EA all of which are incorporated herein by reference except as provided in these conditions and except as provided in any other approvals or permits that may be issued.
  2. These conditions do not prevent more restrictive conditions being imposed under other statutes.
  3. Where a document related to this individual EA (Environmental Assessment, Notice of Approval, Environmental Assessment Compliance Monitoring Program and Annual Compliance Reports, etc.) is required for the Public Record, it shall be provided to the Director for filing with the Public Record maintained for this undertaking. Additional copies of such documents will be provided by the Proponent for public access to:
    1. the Regional Director;
    2. the Clerk’s offices of the Regional Municipality of Waterloo, County of Wellington, City of Kitchener, City of Guelph, Township of Woolwich, and Township of Guelph/Eramosa; and
    3. the Proponent’s regional office.
  4. The Proponent shall implement the commitments made and recorded in Appendices B and C of the ministry Review of the Environmental Assessment, published February 2005, except as provided for in these conditions or as provided by other approvals, authorizations or permits required for the undertaking.
    1. The Proponent shall consult with Six Nations of the Grand River during the detailed design phase of the undertaking, pursuant to the workplan developed jointly by the Proponent and Six Nations of the Grand River, which forms a part of the EA.
    2. The Proponent shall prepare and submit to the Director for the Public Record an Environmental Assessment Compliance Monitoring Program. The Program shall be prepared for the monitoring of the Proponent’s fulfillment of the provisions of the EA for mitigation measures, public consultation, and additional studies and work to be carried out, and of all other commitments made during the preparation of the EA and the subsequent review of the EA for mitigation measures, public consultation and additional studies to be carried out. The Program shall be submitted one year from the date of approval of the undertaking, or 60 days before the commencement of construction, whichever is earlier. A statement must accompany the Program when submitted to the Director indicating that the Program is intended to fulfill this condition. The Program, as amended by the Director, must be carried out by the Proponent.
    3. The Proponent shall prepare an annual Compliance Report which describes compliance with the conditions of approval set out in the Notice of Approval and which describes the results of the Environmental Assessment Compliance Monitoring Program. The first Compliance Report shall be submitted no later than April 30th following the date of the Director’s acceptance of the Compliance Monitoring Program, and on the anniversary of this date thereafter, for which the Compliance Report shall cover the previous calendar year. The Proponent shall submit to the Director for placement on the Public Record a copy of the Compliance Report. The Proponent shall submit Compliance Reports until all conditions are satisfied. When all conditions have been satisfied, the Proponent shall indicate in the Compliance Report that this is its final submission.

Dated the 15th day of January 2007 at Toronto

Original signed by:
Minister of the Environment
135 St. Clair Avenue West, 12th floor
Toronto, Ontario
M4V 1P5