Declaration order

Having received a request from The Regional Municipality of Hamilton-Wentworth that an undertaking, namely:

The development and implementation of improvements to the north-south alignment of the Red Hill Creek Expressway as approved by a Joint Board on October 24, 1985, and the detailed design and construction of an interchange connection to the Queen Elizabeth Way as outlined in the exemption order submission dated May 6, 1996.

be declared not subject to section 5 of the Environmental Assessment Act and

Having been advised by The Regional Municipality of Hamilton-Wentworth that if the undertaking is subject to the application of the Act, the following injury, damage or interference with the persons and property indicated will occur:

  1. Although The Regional Municipality of Hamilton-Wentworth can construct the original project as approved in 1985 this will result in significant impacts to the Niagara Escarpment and the sensitive Red Hill Creek and Van Wagner’s Marsh and will not result in a needed interchange with the Queen Elizabeth Way being built. The Regional Municipality of Hamilton-Wentworth now has an opportunity to construct this interchange and implement improvements to the 1985 project which will reduce its environmental impacts.
  2. The timely approval and implementation of these improvements will allow The Regional Municipality of Hamilton-Wentworth to introduce these improvements and still maintain its construction schedule. If the declaration is not granted or there are further delays in the implementation which may jeopardize the timing of construction or the guaranteed provincial funding, The Regional Municipality of Hamilton-Wentworth has indicated that it is prepared to build the project in accordance with the original 1985 Joint Board approval.

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 order and orders that section 5 of the Environmental Assessment Act not apply to the undertaking for the following reasons:

  1. The purpose of any changes to the approved alignment and to the siting of the Queen Elizabeth Way interchange is to reduce environmental impacts while maintaining traffic operations at a level acceptable to The Regional Municipality of Hamilton-Wentworth and the Ministry of Transportation.
  2. The Regional Municipality of Hamilton-Wentworth has agreed to implement an assessment process to establish a forum for government agencies, community groups and the public to exchange ideas and information, clarify positions and expectations, and work cooperatively to develop an Expressway design that reduces impacts to the Red Hill Creek watershed.
  3. If the declaration is not approved The Regional Municipality of Hamilton-Wentworth has indicated that it will use the approval granted in 1985 by the Joint Board to construct the currently approved version of this project exclusive of the Queen Elizabeth Way interchange. Although no Environmental Assessment Act approval exists for the Queen Elizabeth Way interchange, its location (based on the 1985 proposal) would have a serious impact on the sensitive Red Hill Marsh and Van Wagner’s Marsh by requiring its construction on top of this wetland complex and in close proximity to two existing landfill sites.
  4. Construction is nearing completion on the east-west portion of this project. In order to reduce delays it is necessary that any improvements to the north-south section be determined now so that they can be implemented during construction.
  5. Opportunities for public participation have been provided throughout the history of this project. The initial environmental assessment was subject to an extensive public review and hearing before a Joint Board prior to its approval. As part of the current planning exercise, The Regional Municipality of Hamilton-Wentworth has undertaken a public consultation program consisting of, public notices, meetings, and the circulation of their proposed assessment process outlined in their submission dated May 6, 1996. This process will provide the public and agencies with further opportunity for involvement in the development of this project.
  6. Both the need for, and justification of, an interchange with the Queen Elizabeth Way were demonstrated as part of the original environmental assessment submission and the hearing before the Joint Board. The only issue not reviewed by the Board was the detailed location and ultimate design of this interchange. By imposing the full requirements of the Environmental Assessment Act, The Regional Municipality of Hamilton-Wentworth would be required to re-justify this connection despite the fact that construction on the remainder of the project is well underway. The assessment process proposed by The Regional Municipality of Hamilton-Wentworth will provide an opportunity for interested and affected parties to participate in the locating and detailed design of this facility.

This declaration order is subject to the following terms and conditions:

  1. The Proponent must satisfy the conditions of the original 1985 Joint Board decision as confirmed by Cabinet in 1987 except as they have been specifically modified or superseded by or pursuant to this declaration order.
  2. The Proponent shall carry out the planning and implementation for their project in accordance with their submission dated May 6, 1996, and their letter of November 19, 1996, to the ministry addressing matters raised by the Niagara Escarpment Commission.
  3. Construction of the interchange with the Queen Elizabeth Way is only authorized if The Regional Municipality of Hamilton-Wentworth is implementing the Niagara Escarpment crossing as set out in the exemption order submission so as to ensure that the final alignment is an improvement over the 1985 approved Niagara Escarpment Crossing.

Original signed by:
Minister of the Environment and Energy

Approved by O.C. number: 582/97
Environmental assessment file number: MU-0300-04