Declaration order

Proponent: Ontario Power Generation Incorporated and its subsidiaries (OPG) and Ontario Hydro Services Company Incorporated and its subsidiaries (OHSC)
Environmental assessment file number: OH-GE-02

The planning, acquiring of water and property rights, constructing, operating, and maintaining additional hydroelectric generation and incorporation facilities at the existing four-station complex on the Mattagami River, as described in the environmental assessment entitled Hydroelectric Generating Station Extensions – Mattagami River, which received approval under the Environmental Assessment Act dated December 15, 1994 under Order-in-Council 3618/94.

Having received a request from Ontario Power Generation Incorporated that, pursuant to section 3.2 of the Environmental Assessment Act, section 5 of the Act be declared not to apply to the above undertaking, so that it may be proceeded with notwithstanding that the date for commencement of construction provided for in the approval will not be met.

Having been advised by Ontario Power Generation Incorporated that if the undertaking is subject to the application of the Act, the following injury, damage or interference with the persons and property will occur:

  1. OPG and OHSC and the public will be interfered with and damaged by the expense required to prepare an environmental assessment for the extension of the approval.
  2. OPG and OHSC and the public will be damaged by the loss of the anticipated benefits associated with the Hydroelectric Generating Station Extensions – Mattagami River project.

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 reasons:

  1. OPG and OHSC require greater flexibility to utilize the approval to construct the undertaking when business opportunities and economic conditions are more favourable.
  2. OPG and OHSC require a longer time frame to finance and plan the development of this project due to its magnitude.
  3. OPG is still committed to the construction of the project.
  4. The extension to the expiry date will not result in any adverse environmental effects.
  5. The effect of this Declaration order will only be to extend the date by which construction may be commenced and all the environmental protections provided for in the approval will continue.
  6. The proposal to issue this Declaration Order was placed on the Environmental Bill of Rights registry and no submissions were received from the public.

It is declared that section 5 of the Act does not apply to the undertaking subject to the following conditions:

  1. Subject to condition 2, 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. OPG and OHSC shall proceed in accordance with the approval dated December 15, 1994 except as set out in the subsequent conditions.
  3. 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 another 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 of this order.
  4. Subject to conditions 5 and 7, this order shall terminate if construction has not commenced by June 15, 2005.
  5. If the Mattagami Extensions Coordinating Council (MECC) referred to in the approval, has not been constituted, the Minister may extend the date of termination up to June 15, 2010 based on the review and approval of an Environmental Assessment Status Report prepared in accordance with Condition 6 of this Declaration Order. This Report shall be submitted by the proponent to the Director of the Environmental Assessment and Approvals Branch no later than December 15, 2004.
  6. The Environmental Assessment Status Report referred to in Condition 5 of this Order shall include the following information, but need not be limited to: description of any changes in the existing environmental conditions, components and technology of the undertaking; a detailed description of the progress of the undertaking; reasons why undertaking construction has not commenced; and a forecast of the likelihood of the commencement of undertaking construction in the next five years.
  7. If MECC has been constituted, the Minister, having considered the recommendation of MECC, if any, may extend the date of termination up to June 15, 2010 based on the review and approval of an Environmental Assessment Status Report prepared in accordance with Condition 15 of the Approval dated December 15, 1994.
  8. OPG and OHSC shall give notice of their intention to proceed with the undertaking to the Government of Ontario and the First Nations Governments referred to in the approval before proceeding with it.
  9. Condition 1(a) of the approval dated December 15, 1994 is amended so that MECC shall be constituted no later than OPG or OHSC giving notice that it intends to proceed with the undertaking.

Original signed by:
Minister of the Environment

Approved by O.C. number 2174/99
Approved: December 8, 1999
Environmental assessment file number: OH-GE-02