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O. Reg. 520/95: EXEMPTION - MINISTRY OF NATURAL RESOURCES, MINISTRY OF HEALTH AND MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS - MNR-62

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

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Versions
current December 14, 1995 (e-Laws currency date)

Environmental Assessment Act
Loi sur les évaluations environnementales

ONTARIO REGULATION 520/95

EXEMPTION — MINISTRY OF NATURAL RESOURCES, MINISTRY OF HEALTH AND MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS — MNR-62

Consolidation Period: From December 14, 1995 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Having received a request from the Minister of Natural Resources, the Minister of Health and the Minister of Agriculture, Food and Rural Affairs that an undertaking, namely:

The carrying out of the Wildlife Rabies Control Program to control and seek to eliminate rabies from wildlife in Ontario, through the vaccination of wildlife species that spread the disease;

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 persons or property will occur:

A. The Crown and the public will be interfered with and damaged by the expense required to prepare an environmental assessment for activities that will not have significant adverse environmental effects;

B. The Crown and the public will be interfered with by the delay in carrying out an activity which is principally a public health and safety and environmental protection measure;

C. The Crown and the public will be damaged by the loss of anticipated benefits associated with undertaking this program;

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 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 be exempt from the application of the Act for the following reasons:

A. Five years spent developing the Wildlife Rabies Control Program have shown that the significant environmental effects are positive, i.e., the program is successful.

B. Prior to commencing a wildlife rabies control activity, the affected public will be notified;

C. The Wildlife Rabies Control Program is important to the continued health and safety of Ontario’s natural, social and economic environment;

D. Vaccines used must be licensed by Agriculture and Agri-food Canada.

E. The objectives of the wildlife rabies control program are consistent with the protection, conservation and wise management of Ontario’s environment.

This exemption is subject to the following terms and conditions:

1. At least 30 days prior to commencing a wildlife rabies control activity, either through aerial baiting, hand baiting or trapping, vaccinating and releasing, the public and the Director of the appropriate regional office of the Ministry of Environment and Energy shall be notified of the project by the Ministry of Natural Resources (MNR).

2. The effects and effectiveness of the rabies vaccination program will be monitored by MNR. A summary of the monitoring findings and the activities carried out under the Wildlife Rabies Control Program will be submitted by MNR to the Director of the Environmental Assessment Branch of the Ministry of Environment and Energy on June 30 of each year of this approval. Each summary will be based on data from the previous year. Copies of this summary shall be available for examination by the public, upon request, from the MNR, the Ministry of Health and the Ministry of Agriculture, Food and Rural Affairs.

3. Where any activity which is subject to this order is carried out as or is part of another undertaking which is subject to an exemption order or approval under the Environmental Assessment Act, the activity exempt under this order shall be carried out in accordance with any terms or conditions in the other exemption order or approval as well as the terms or conditions in this order. In the event of a conflict between any term or condition in this exemption order and any terms or condition in another exemption order or approval, the term or condition of this exemption order shall prevail to the extent of the conflict.

4. This order expires 10 years from the date of the approval of this exemption order or on such later date as is determined by the Minister of Environment and Energy and published in The Ontario Gazette. O. Reg. 520/95.