Declaration order

Having received a request from the Ministry of Community and Social Services that an undertaking, namely:

the construction of an Observation and Detention Home for Phase 1 Young Offenders on 521 Second Line East in the City of Sault Ste. Marie

be declared not subject to section 5 of the Act pursuant to section 3.2; and

Having been advised by the Ministry of Community and Social Services that if the undertaking is subject to the application of the Act, the following injury, damage or interference with the persons indicated will occur:

The construction of the observation and detention facility will be subject to delay with the result that the Ministry of Community and Social Services will have to continue to operate the existing Sault Ste. Marie Observation and Detention Home which is often over capacity and does not accommodate current Ministry of Community and Social Services young offenders program objectives.

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment, which would result from the undertaking being subject to the application of the Act;

The undersigned is of the opinion that it is in the public interest to declare and declares that the undertaking is not subject to the application of the Act for the following reason(s):

  1. The anticipated environmental effects associated with the proposed undertaking are not significant enough to warrant the preparation of an individual environmental assessment.
  2. This type of proposal is excluded from the application of the Class Environmental Assessment Process for Ontario Realty Corporation (ORC) Realty Activities, with respect to which an approval was issued by Order-in-Council number 3540/92, and therefore an environmental assessment would have to be prepared if this order were not made.
  3. Prior to submitting their Declaration Order request, and in support of municipal approval requirements, the Ministry of Community and Social Services made a reasonable effort to consult with elected officials; residents, institutions, and businesses in the neighbourhood of the proposed facility; and other interested and potentially affected parties. Requiring the proposal to be subject to the Environmental Assessment Act would duplicate much of the work already carried out by the proponent, particularly regarding public consultation.
  4. The proponent consulted with Ministry of the Environment staff on their Declaration Order request, and the proposal was subject to a government review. No concerns have been raised.
  5. Notice of the proposal to issue this Declaration Order was placed on the Environmental Bill of Rights Registry for a 30-day public comment period. No comments were received on the proposal.

This Declaration Order is subject to the following conditions:

  1. Where any activity which under this order would be declared not subject to the Act, is being carried out as, or is part of, an undertaking for which an environmental assessment has been accepted and approval to proceed received, the activity shall be carried out in accordance with any terms and conditions in the approval to proceed as well as the conditions of this order.
  2. Where any activity which is the subject of this order, is being carried out as, or is part of, another undertaking which is the subject of a declaration or exemption order under the Act, the activity exempt under this order shall be carried out in accordance with any terms and conditions in the other declaration or exemption order as well as the conditions in this order.
  3. The proponent shall abide by the commitments which have been made to the Ministry of the Environment and government reviewers, as outlined in the May 5, 2000, report prepared by Wm. R. Walker Engineering Incorporated, and entitled Ontario Ministry of Community and Social Services Supporting Documentation for Request to Obtain a Declaration Order under Section 3.2(1) of the Environmental Assessment Act in Respect to: A Proposed Observation and Detention Home For Phase 1 Young Offenders at 521 Second Line East, Sault Ste. Marie, Ontario.
  4. When construction of the facility is complete, the proponent shall by letter to the Director of the Environmental Assessment and Approvals Branch indicate how they have complied with these conditions. The letter shall be filed with the public record.
  5. This order expires the later of 5 years from the date of its approval, or such later date as the Minister of the Environment specifies by written notice to the proponent and in the Ontario Gazette.

Original signed by:
Minister of the Environment

Approved by O.C. number 2537/2000
Environmental assessment file number: GS-AA-04