Schedule - Order in Council 855/2026
Order in Council 855/2026
Environmental assessment act
Section 17.15
Notice of approval to proceed with a part II.3 project
RE: 1 Port Street East Proposed Marina Project
Proponent: City of Mississauga
EA File No.: EA 03 10 - 19071
Part II.3 (Comprehensive Environmental Assessments) of the Environmental Assessment Act establishes the requirements and authority for preparing, submitting and deciding an application for approval to proceed with a Part II.3 project under the Act.
Pursuant to the transition provisions in Ontario Regulation 53/24 (Transition and General Matters) under the Environmental Assessment Act, the proposed 1 Port Street East Proposed Marina Project (“Project”) is deemed to be a Part II.3 project. This is because, before February 22, 2024, the Proponent had given a terms of reference in respect of the Project to the ministry under the former subsection 6(1) of Act and no decision had been made under the former section 9 of the Act in respect of an application for approval to proceed with the Project.
An application consists of a terms of reference and an environmental assessment. In respect of the Project, the terms of reference was approved by the Minister on September 16, 2021. The Proponent submitted its Environmental Assessment to the ministry on October 18, 2024.
A seven-week comment period followed the submission of the Environmental Assessment to the ministry, during which time any person could submit comments about the Environmental Assessment and the Project. The Proponent submitted an amended Environmental Assessment on June 17, 2025.
The ministry review of the Environmental Assessment was completed on November 16, 2025, and notice was provided in accordance with the Act. The ministry review concluded that the Environmental Assessment was prepared in accordance with the approved terms of reference and the Act and contained sufficient information to assess the potential environmental effects of the Project. There were no outstanding issues from the Environmental Assessment process. The public, government agencies and potentially impacted Indigenous communities had an opportunity to comment on the Environmental Assessment, the Project, and the ministry review during the five-week comment period.
The Proponent and the ministry provided potentially impacted Indigenous communities with opportunities for consultation with respect to the terms of reference, the Environmental Assessment, and the ministry review.
All comments submitted during the statutory comment period have been considered. No requests for a hearing by the Ontario Land Tribunal were submitted. I am not aware of any outstanding issues with respect to the application which suggest that a hearing should otherwise be required.
Having considered the purpose of the Act, the approved terms of reference, the Environmental Assessment, the ministry review of the Environmental Assessment and submissions received, I am giving approval to proceed with the Project, subject to the conditions set out below.
Reasons
My reasons for giving approval are:
- The Proponent has complied with the requirements under the Act.
- The Environmental Assessment has been prepared in accordance with the approved terms of reference.
- Taking into consideration the Proponent’s Environmental Assessment and the ministry review, the Proponent’s conclusion that, on balance, the advantages of this Project outweigh its disadvantages appears to be valid.
- The Proponent has demonstrated that the environmental effects of the Project can be appropriately avoided, managed or mitigated.
- Given the Proponent’s Environmental Assessment, the ministry review and the conditions in this Notice of Approval, the approval of the Project would be consistent with the purpose of the Act.
- There are no outstanding concerns raised by government agencies, the public, or potentially impacted Indigenous communities that cannot be addressed through commitments in the Environmental Assessment, through the conditions set out below or through future approvals that will be required.
Conditions of approval
The approval is subject to the following conditions:
Definitions
For the purposes of this Notice of Approval, including the conditions:- “Act”
- means the Environmental Assessment Act
- “construction”
- means the physical construction activities, including site preparation works, but does not include the tendering of contracts.
- “Date of Approval”
- means the date on which the Order in Council pertaining to the approval of the Project was signed by the Lieutenant Governor in Council.
- “Director”
- means the Director of the Environmental Assessment Branch.
- “District Manager”
- means the Manager of the Halton-Peel District Office.
- “EAB”
- means the Environmental Assessment Branch of the ministry.
- “Environmental Assessment”
- means the document entitled: 1 Port Street East Proposed Marina Environmental Assessment, as amended by the Proponent and dated June 2025.
- “ministry”
- means the Ministry of the Environment, Conservation and Parks.
- “Project”
- means the 1 Port Street East Proposed Marina Project, which includes creating new landbase around the eastern breakwater and establishing a new marina and additional parkland, located in Port Credit, Mississauga, as is more particularly described in the Environmental Assessment.
- “Proponent”
- means City of Mississauga.
- General Requirements
- The Proponent shall implement the Project in accordance with the Environmental Assessment, which is hereby incorporated into this Notice of Approval by reference, except as provided in the conditions in this Notice of Approval and as provided in any other approval or permit that may be issued for this Project.
- Should the Proponent wish to make changes to any document required by these conditions after the document has been accepted or approved by the ministry, the Proponent shall obtain the written approval for the proposed changes from the ministry decision-maker in the condition requiring the document.
- For any document required by these conditions to be prepared, submitted or posted publicly by the Proponent, the Director may provide written notice to the Proponent that they no longer need to prepare, submit or post the document.
- For any program or plan required by these conditions to be developed or implemented by the Proponent, the Director may provide written notice to the Proponent that the program or plan need no longer be developed or implemented.
- The Director may change a deadline provided for in a condition in this Notice of Approval where the Director determines it is appropriate to do so and it is consistent with the purpose of the Act. The Director must provide notice to the Proponent in writing of any such changes.
- The Proponent shall fulfill all commitments made in the Environmental Assessment.
- The conditions in this Notice of Approval do not prevent more restrictive conditions from being imposed in authorizations under other statutes.
- Public Record and Submission of Documents
- Where a document is required for the public record, the Proponent shall post the document on the Proponent’s website and shall provide a copy of the document to the Director.
- The Environmental Assessment Reference Number 19071 and File Number EA 03‑10 shall be quoted on all documents submitted to the ministry pursuant to this Notice of Approval, unless otherwise specified by the Director.
- For every document submitted to the ministry in every form, the Proponent shall clearly identify which condition of this approval the document is meant to fulfill.
- Compliance Monitoring Program
- The Proponent shall prepare and submit to the Director for approval and for the public record a compliance monitoring program.
- The compliance monitoring program shall be submitted to the Director within four months from the Date of Approval or 60 days prior to construction, whichever is earlier, or another date as agreed to by the Director in writing.
- The compliance monitoring program shall include a description of how the Proponent will:
- ensure the Project is implemented in accordance with the Environmental Assessment with respect to mitigation measures, public consultation, and additional studies and work to be carried out;
- monitor compliance with the conditions in this Notice of Approval; and
- ensure all commitments documented in the Environmental Assessment with respect to mitigation measures, public consultation, and additional studies and work to be carried out.
- The compliance monitoring program shall include an implementation schedule for monitoring activities to be completed.
- The Director may, by written notice, require the Proponent to amend the compliance monitoring program at any time. The written notice shall specify the deadline for completion of the amendment.
- The Proponent shall submit the amended compliance monitoring program to the Director by the deadline specified in the written notice referred to in Condition 4.5.
- The Proponent shall implement the compliance monitoring program, including any amendments to it.
- Compliance Reporting
- The Proponent shall prepare an annual compliance report describing the results of the compliance monitoring program required by Condition 4 and shall submit each report to the Director for review and the public record, in accordance with the requirements of this Condition 5.
- Unless the Director specifies otherwise in writing, the first annual compliance report shall describe the results of the compliance monitoring program for the first year following the Date of Approval and each subsequent annual compliance report shall describe the results of the compliance monitoring program for each successive one-year period.
- The Proponent shall submit each annual compliance report to the Director for review and for the public record no later than 60 days following the end of each reporting period or such other date as may be agreed to by the Director in writing.
- The Proponent shall submit annual compliance reports until all conditions in this Notice of Approval are satisfied or the Proponent is instructed otherwise in writing by the Director.
- The Proponent shall notify the Director in writing when the final annual compliance report is being submitted. Upon receiving written confirmation from the Director that all compliance reporting requirements have been fulfilled, the Proponent shall no longer be required to prepare or submit annual compliance reports.
- The Proponent shall retain, either in the Proponent’s office or in another location approved by the Director, copies of the annual compliance reports for each reporting period and any associated documentation of compliance monitoring activities. The Proponent shall post the annual compliance reports for each reporting period on its website.
- The Proponent shall make the compliance reports and associated documentation available to the Director or designate in a timely manner when requested to do so by the ministry.
- Complaint Protocol
- The Proponent shall prepare and implement a complaint protocol for dealing with and responding to inquiries and complaints related to the Project. The complaint protocol shall include a procedure for notifying the District Manager of any complaints received by the Proponent.
- The Proponent shall submit the complaint protocol to the Director for approval and for the public record within four months of the Date of Approval or 60 days prior to construction, whichever is earlier, or such other date as agreed to by the Director.
- The Director may require the Proponent to amend the complaint protocol at any time and shall provide notice of the required amendment and deadline for completion in writing to the Proponent. The Proponent shall submit an amended complaint protocol to the Director by the deadline specified in the notice.
- The Proponent shall implement the complaint protocol and any amendments to it.
- The approved complaint protocol and any amended complaint protocol shall be included as part of the public record.
- The Proponent shall include a summary of the complaints received and how they were addressed in each of the compliance reports required by Condition 5.
- Project Changes
- If the Proponent wishes to make any changes to the Project after the Date of Approval, the Proponent shall carry out the amendment process set out in Chapter 10 of the Environmental Assessment before making the change.
- The Proponent shall comply with any direction provided by the Director to engage in consultation with Indigenous communities, government agencies, the public or other persons, or to provide information, in respect of a proposed change.
- Despite anything to the contrary in the amendment process set out in Chapter 10 of the Environmental Assessment, the Proponent shall not make any change to the Project unless the change has been approved by the Director in writing. The Director’s approval may be subject to conditions, and the Proponent shall comply with any such conditions.
- Duration of Approval
- If the Project has not substantially commenced within 10 years of the Date of Approval, or by the end of any extension to that period granted by the Director in writing, this approval expires.
Dated the 22 day of May 2026 at Toronto.
[Original Signed by]
Minister of the Environment, Conservation and Parks
777 Bay Street, 5th Floor
Toronto ON M7A 2J3
Approved by O.C. No.
Date O.C. Approved