Declaration order

Having received a request from Conservation Ontario that a Declaration Order be made to allow the following undertaking to continue to be implemented, namely:

The activities formerly governed by the Association of Conservation Authorities of Ontario Class Environmental Assessment for Remedial Flood and Erosion Control Projects (Class EA), as previously approved by O.C. 280/93; and

Having been advised by the Proponent that additional time will be required to prepare and submit a new environmental assessment, there is a need to continue the effect of Declaration Order ACAO-3 to ensure that the provisions of section 5 of the Act are not applied to this class of activities until a new approval is in place.

Unless the activities which were previously subject to the Class EA continue to be declared not subject to the application of section 5 of the Act, the following injury, damage or interference with the persons and property indicated will occur:

  1. The member conservation authorities of Conservation Ontario (previously known as the Association of Conservation Authorities of Ontario) will be subject to delay and expense if they are required to prepare individual assessments for remedial flood and erosion control projects.
  2. The stakeholders who are presently protected from personal harm or financial loss by the remedial erosion and flood control projects within the jurisdiction of the individual conservation authorities will be required to endure the risks of personal injury and property damage resulting from flooding and erosion which might have been addressed in a more timely manner using the Class EA procedures.

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 Minister of the Environment is of the opinion that it is in the public interest to grant a new Declaration Order to enable the member conservation authorities to continue to implement projects pursuant to the procedures under the previous Class EA, for the following reason(s):

  1. The continued use of the Class EA process as an interim measure for the approval of individual remedial flood and erosion control projects will avoid the requirement for individual environmental assessments to be completed for those projects and will provide sufficient time for the completion of a new Class EA;
  2. Alternatives have been investigated;
  3. This Class EA has offered to the residents of the province a cost-effective means of providing for the planning of protective works which meet the requirements of the Act, and providing for maximum environmental protection;
  4. Affected agencies were consulted and did not object to the extension of the approval for an additional one and a half years and were also consulted and did not object to the amendment to the Declaration Order to change the effective dates;
  5. The public was advised of the proposal to make this Declaration Order by a posting under section 16 of the Environmental Bill of Rights and expired on March 30, 2000, with no submissions received;
  6. Conservation Ontario requires an additional one and a half years to enable it sufficient time to complete and receive approval for a new Class EA.

The undersigned Minister of the Environment declares that, subject to the following conditions, section 5 of the Act does not apply to the undertaking:

  1. Where any activity which under this Order would be declared not subject to the Act, is being carried out as, or is part of, an undertaking for which approval to proceed has been given, the activity shall be carried out in accordance with any terms and 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 a declaration or exemption order under the Act, the activity exempt under this Order shall be carried out in accordance with any terms and conditions in the other declaration or exemption order as well as the conditions in this Order.
  3. In order for an activity to proceed under this Order, it must be a type that could have proceeded under the expired Class EA and be carried out in accordance with the procedures (other than the application of the expiry date) set out in the expired Class EA.
  4. The Proponent shall complete and submit a new Class EA to the Minister for approval in accordance with the requirements of the Environmental Assessment Act.
    1. This order expires:
      1. on August 4, 2001, if a new class EA has not been submitted before August 4, 2001; or
      2. on the date a decision under the Act to approve or not approve the new Class EA becomes final, if a new Class EA has been submitted before August 4, 2001.
    2. Despite sub-conditions (a) and (b), the Minister of the Environment upon written request of the Proponent, may extend the expiry date of this Order by notice which is published in the Ontario Gazette or on the Environmental Bill of Rights Registry.
  6. The proponent shall, in developing a new Class EA, consult with any public authorities and groups who express an interest therein and provide them with copies of all relevant material.

Original signed by:
Minister of the Environment

Approved by O.C. number 1061/2000
Environmental assessment file number: CA-AA-01