O. Reg. 647/94: EXEMPTION - THE CORPORATION OF THE CITY OF BRANTFORD - BRAN-C-2

Environmental Assessment Act
Loi sur les évaluations environnementales

ONTARIO REGULATION 647/94

EXEMPTION — THE CORPORATION OF THE CITY OF BRANTFORD — BRAN-C-2

Note: This Regulation was revoked on April 13, 2011. See: Order in Council 533/2011.

This Regulation is made in English only.

Having received a request from The Corporation of the City of Brantford (Brantford) that an undertaking, namely:

the activity of carrying out the planning, design and rehabilitation of Mohawk Lake and the planning, design, rehabilitation and construction of Mohawk Park, in the City of Brantford,

be exempt from the application of the Act pursuant to section 29; and

Having been advised by Brantford 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:

A. Brantford will be subject to delay and expense if it is required to prepare an environmental assessment for the undertaking.

B. Brantford has provincial funds available to assist it with the development of the Mohawk Lake area. These funds may be lost if the project is not completed in an expeditious fashion.

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 the undertaking is exempt from the application of the Act for the following reasons:

A. It is the intention of Brantford that a Mohawk Lake Master Plan be prepared using the planning requirements of the Ministry of Natural Resources Class Environmental Assessment for Small Scale MNR Projects and the Municipal Engineers Association Class Environmental Assessment For Municipal Water and Wastewater Projects and Municipal Road Projects.

B. Brantford will consider alternatives, determine environmental impacts and mitigation and consult the public and Government agencies.

C. The area has been the subject of numerous studies that have examined the concept of the rehabilitation of Mohawk Lake. Further, a committee was struck in 1990 to examine reports and prepare recommendations on possible options for the rehabilitation of Mohawk Lake and the surrounding areas.

This exemption is subject to the following terms and conditions:

1. Where any activity which otherwise would be exempt under this order 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 or 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 an exemption order under the Act, the activity exempt under this order shall be carried out in accordance with any terms or conditions in the other exemption order as well as the conditions in this order.

3. The improvements to the existing facilities described in the letter to Derek Doyle, dated August31, 1994, on the north side of Mohawk Lake which are exempt from the Environmental Assessment Act are not part of the Mohawk Lake Rehabilitation Project.

4. Before proceeding to the first notice in Phase 1 of the planning process outlined in the request for this order and the chart which accompanies it (copies of which are available in the public record), Brantford will assemble a technical Steering Committee comprised of interested individuals from the Ministry of Environment and Energy, the Ministry of Natural Resources, the Mohawk Lake Committee, the Grand River Conservation Authority and any other interested members of municipal, provincial or federal ministries and agencies.

5. The inventories identified in phases 2 and 3 of the planning process outlined in the request for this order and chart which accompanies it will include, in addition to the social, natural, economic environments identified, inventories of the cultural and technical environment.

6. Except as otherwise provided by these conditions, Brantford will carry out the planning process outlined in the request for this order and the chart which accompanies it, copies of which are in the public record.

7. Before proceeding to Phase 5 of the planning process outlined in the request for this order and the chart which accompanies it (copies of which are in the public record), Brantford will file the Master Plan and the notice of its completion with the Municipal Clerk and place it on the public record for at least 30 days for review by the public and affected agencies. The notice shall include notification of the bump-up provisions.

8. Before proceeding to Phase 5 of the planning process outlined in the request for this order and the chart which accompanies it (copies of which are in the public record), Brantford will be subject to the bump-up provisions set out in the Municipal Engineers Association Class Environmental Assessment for Municipal Road Projects and shall not proceed under this exemption order if a request for bump-up is made to the Minister of Environment and Energy except pursuant to those provisions.

9. Before commencement of construction of any projects identified in the Master Plan, Brantford must provide a copy of the Master Plan to the Directors of the Environmental Assessment Branch and West Central Region.

10. Within six months after the approval of this order, Brantford shall advise the Directors of the Environmental Assessment Branch and West Central Region on how the conditions of the exemption have been met. Should there be outstanding work, Brantford will continue to advise the Directors of the Environmental Assessment Branch and West Central Region on how the conditions of exemption have been met.

11. All other applicable approvals and permits will be obtained for the project.

12. Commencement of construction of any of the projects identified in the Master Plan must begin within five years of the date that this order is approved. O. Reg. 647/94.