Declaration order

Having received a request from Halton Region Conservation Authority (Authority) that an undertaking, namely, the Kelso Conservation Area Ski Chalet and Supporting Infrastructure (undertaking):

be declared not subject to section 5 the Environmental Assessment Act (EA) pursuant to section 3.2; and

Having been advised by the Authority that if the undertaking were subject to the Act, the following injury, damage or interference with the persons and property indicated will occur:

  1. The Authority shall be delayed in construction of this project and denied the enhanced financial benefits anticipated from the undertaking. Increased revenues generated by the ski hill operation will be used to maintain the proponents operating programs and finance capital projects not only at the Kelso Conservation Area but elsewhere within the Authority.
  2. The requirement of completing an individual Environmental Assessment will result in substantial costs and delay in construction of the new ski chalet
  3. Stakeholders who are presently served by the ski hill operation will be denied enhanced facilities, as will new participants.
  4. By requiring the proponent to undertake an EA, there would be considerable duplication with the other approvals required under the Niagara Escarpment Planning and Development Act (NEPOA) and the Ontario Water Resources Act (OWRA).

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 declare that the undertaking not be subject to the application of the Act for the following reasons:

  1. The Authority has completed considerable public and agency consultation on this proposal and has provided notice to the agencies and the public of the intention to request a declaration order for their undertaking.
  2. The alternative approval process of submitting an individual environmental assessment has been investigated and found to be inappropriate to the scale and minimal environmental impacts associated with the undertaking.
  3. Affected agencies and the public were consulted and have not expressed concerns or opposed either the project or the request for a declaration order.
  4. The public has been advised of the Ministry’s intention to consider this declaration request through a 30-day posting on the Environmental Bill of Rights Electronic Registry which has now lapsed. No submissions were made.
  5. The approval under the NEPDA and approvals under provincial statutes such as the OWRA will provide a similar level of public and agency consultation to that required under the Act and will ensure protection of the environment. The Niagara Escarpment Commission approval process provides for a public hearing.

This Declaration Order is subject to the following terms and conditions:

  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 the 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 shalI be carried out in accordance with any terms or conditions in the other declaration or exemption order as well as the conditions in this Order.
  3. The Authority will advise the Director of the Environmental Assessment Branch, Ministry of the Environment when construction of the undertaking has commenced and provide the Director with a copy of the development permit from the Niagara Escarpment Commission, for filing with the public records kept, under subsection 30(1) of the Act.
  4. This order shall expire July 1, 2003, unless construction has commenced on the Ski Chalet and Supporting Infrastructure.

Original signed by:
Minister of the Environment

Environmental assessment file number: CA-HR-04