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under Environmental Assessment Act, R.S.O. 1990, c. E.18

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revoked or spent November 25, 2009
March 29, 1995 November 24, 2009

Environmental Assessment Act
Loi sur les évaluations environnementales



Note: This Regulation was revoked on November 25, 2009. See: Order in Council 1921/2009.

No amendments.

This Regulation is made in English only.

Having received a request from Collège Boréal, a public body reporting to the Minister of Education and Training, that an undertaking, namely:

the proposal to establish and operate a permanent francophone college on a 82.5 acre site on Parcel 45494, Parts 17, 18, 19, 20, 21 and 22 of Plan 53R-8297, Lot 8, Concession 5, City of Sudbury, in McKim Township,

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

Having been advised 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:

The Collège will be subject to delay with the result that francophone students, staff and members of the francophone community will be without adequate academic facilities.

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. The planning process under the Planning Act which the proponent has agreed to fulfill will adequately address environmental concerns and ensure opportunities for adequate public consultation. This process consists of complete public review of development issues of local and provincial scope and interest, as well as potential sources of environmental (natural, social, cultural, economic and technical) effect.

B. The proponent has carried out pre-submission consultation with the Ministry of Environment and Energy and the proposal was circulated to appropriate ministries, agencies and local municipalities for comment.

C. The new Collège Boréal Campus is viewed as a catalyst to the development of the “Flour Mill” area. It is also considered to be an important addition to the francophone community both within the City of Sudbury and the adjacent communities.

D. Copies of documents related to the foregoing reasons may be found in the Public Record files maintained under section 30 of the Environmental Assessment Act.

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 (other than exemption order MCU-1) 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 proponent shall undertake an archaeological impact assessment of the lands in question. The assessment must be conducted by a consultant licensed under the Ontario Heritage Act. The proponent shall also provide the Archaeology and Heritage Planning Unit (the Unit), Ministry of Culture, Tourism and Recreation (MCTR) with an opportunity to review the results of these field activities and the recommendation made in the assessment report. Before the initiation of construction activity, any affects to archaeological sites found in the study area will be mitigated to the satisfaction of the Archaeology and Heritage Planning Unit of MCTR.

4. The proponent shall issue public notice and display and make available to the public its draft Master Plan for review and comment for a period of not less than 30 days prior to initiation of construction of the project. Written submissions from persons or parties having an interest in the development shall be collected during this period. The proponent shall, where fiscally and physically possible and where the mission of the Collège and broader community interests are not adversely affected, address and incorporate solutions to public concerns either as part of its Master Plan or as part of its Site Plan Control Agreement with The Regional Municipality of Sudbury, or both.

5. This exemption expires the later of,

(a) two years from the date of its approval; and

(b) such later date as is specified from time to time by notice in writing published in The Ontario Gazette.

6. The proponent shall abide by the commitments which have been made to the agency reviewers, as outlined in the January 9, 1995 final report, entitled Request Pursuant to Section 29 of the Environmental Assessment Act New Collège Boréal Campus Background Information. O. Reg. 163/95.