O. Reg. 455/96: EXEMPTION - ONTARIO HYDRO - OH-36

Environmental Assessment Act
Loi sur les évaluations environnementales

ONTARIO REGULATION 455/96

EXEMPTION — ONTARIO HYDRO — OH-36

Historical version for the period October 3, 1996 to April 12, 2011.

No amendments.

This Regulation is made in English only.

Having received a request from the Ontario Hydro that an undertaking, namely:

the change in the Lake Gibson Small Hydro Generating Station undertaking (which received approval to proceed on condition that construction commence by August 31, 1996) to provide that construction may commence at any time up to August 31, 2001,

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

Having been advised by the Ontario Hydro 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. Undue costs to the public and Ontario Hydro will be incurred with no benefit to the environment.

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 previously approved undertaking and the changes in the undertaking are exempt from the application of sections 5 and 17 of the Act for the following reasons:

A. An undertaking consisting of the program of planning, designing, removal of existing equipment and structures, construction, operating and maintaining of hydroelectric generation, incorporation and associated facilities required to develop the hydroelectric generation potential at the existing Allanburg #2 intake control structure on Lake Gibson was approved on December 19, 1991 pursuant to Order-in-Council No. 3202/91, with the condition that the approval expires on August 31, 1996 if construction of the undertaking has not commenced by that date.

B. That undertaking and environmental considerations as described in the Lake Gibson Small Hydro Generating Station Environmental Assessment remain unchanged.

C. An active public and government involvement program was carried out as part of the EA process and no submissions or requests for a hearing were received after giving Notice of Completion of Review dated October 25, 1991.

D. The protection, conservation, and wise management of the environment have been provided for in the previously approved undertaking.

This exemption is subject to the following terms and conditions:

1. Ontario Hydro shall carry out the construction, operation and maintenance of the Lake Gibson Small Hydro Generating Station in accordance with the previous approval (except for the requirement of commencing construction before August 31, 1996) or as otherwise updated by condition #2.

2. Prior to the commencement of construction, Ontario Hydro will review the predicted effects and proposed mitigation measures described in the previous approval to confirm that they are still valid. Ontario Hydro shall advise the Director by written notice of the results of the review and, if there are major changes, of the steps to be taken to mitigate any associated adverse environmental effects.

3. This exemption order replaces the approval contained in Order-in-Council No. 3202/91 which expired on August 31, 1996.

4. This exemption order expires on August 31, 2001 if construction has not commenced by that date. O. Reg. 455/96.