Declaration order

Having received a request from the Toronto Transit Commission (TTC) that an undertaking, namely:

changes to the approved Spadina Light Rail Transit (SLRT) project

be declared not subject to sections 5 and 38 the Act pursuant to section 3.2, so as to allow for the implementation of physical changes to Spadina Avenue which differ from those specified in their original SLRT Environmental Assessment, and the implementation of the Amending Procedure found in the approved TTC Let’s Move environmental assessments; and

Having been advised by the TTC 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. An unsafe situation will continue on Spadina Avenue. The accident rate along this stretch of the SLRT is four times higher than the normal rate for streetcar lines. Since the facility opened in July 1997, there have been over 100 automobile-streetcar collisions on this line.
  2. Driver, passenger and pedestrian safety will continue to be at risk. Approval of this Declaration Order will enable the Toronto Transit Commission to make physical changes to the facility.
  3. The SLRT was the subject of an individual environmental assessment and review by the Province of Ontario and an approval (the SLRT approval) was issued pursuant to Order-in-Council number 1341/92. The people of the Province of Ontario would not be well served by the requirement that another individual environmental assessment be carried out to allow the proposed changes to occur. The TTC has recognized the need for public/agency consultation as it evaluates the impacts of various solutions.

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 sections 5 and 38 of the Act for the following reasons:

  1. Condition 19.1 of the approval for the SLRT undertaking limits, and similar references made in the text of the SLRT EA, may limit the TTC's ability to develop physical solutions to the accident rate problem. Amendment of Condition 19.1, and the removal of similar references throughout the text of the environmental assessment, will enable the TTC to undertake effective consultation with interested and affected parties to develop and implement an appropriate solution without the need of formal approval from Cabinet.
  2. If this Declaration Order were not made, the TTC would be unable to consider solutions that result in physical barriers greater than 50mm (2 inches) in height. Given the obvious ineffectiveness of this barrier and the disregard for posted turning restrictions, it is likely that accidents will continue at their present rate. This will affect the operation of the facility, inconvenience transit users, and pose a safety risk to transit riders, pedestrians, and drivers.
  3. In addition, the Declaration Order will implement the Amending Procedure which was common to all other TTC EA approvals as part of the Rapid Transit Expansion Program.
  4. The conditions for this Declaration Order require the TTC to engage in effective public/agency consultation throughout the development of alternative solutions. The eventual preferred solution will require the endorsement of City Council and will be subject to additional municipal legislation.

This Declaration Order is subject to the following terms and 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 approval has been issued, the activity shall be carried out in accordance with any terms and conditions in the approval including any provisions of an environmental assessment incorporated therein by reference except the provisions of the Spadina Light Rail Transit approval and environmental assessment which would inhibit the implementation of physical solutions to the accident rate problem as well as the conditions of this order.

  2. That appropriate community-based consultation take place prior to a final decision being made on physical changes to deal with the accident problem, with the manner and extent of such consultation, and any studies required in support of this consultation, being determined by the Council of the City of Toronto.

    That those individuals who made formal submissions during the review of the original environmental assessment be invited to participate in the consultation process.

    That physical changes to deal with the accident problem not be incorporated unless they have been approved by both the TTC and the Council of the City of Toronto.

  3. Final design of any modifications made through this declaration order including a summary of all public/agency consultation is to be submitted to the Director of the Environmental Assessment Branch of the Ministry of the Environment for filing with the public records kept, under section 30 of the Act.
  4. In addition to making modifications to the SLRT undertaking by the process described in the previous conditions the TTC may make other modifications to the undertaking pursuant to the process authorized under the approval of the Sheppard Subway environmental assessment which was issued pursuant to Order-in-Council number 680/94.

Dated the 29th day of April, 1998.

Original signed by:
Minister of the Environment

Approved by O.C. number 948/98
Environmental assessment file number: TP-TT-05