Declaration order

Having received a request from the Ministry of Northern Development and Mines that undertakings, namely:

Disposition by the Ministry of Northern Development and Mines of certain or all rights to Crown resources.

be declared exempt from the application of section 5 of the Act pursuant to section 3.1 (3); and

Having been advised that if the undertakings are subject to the application of the Act, the following damage or interference with the persons indicated will occur:

  1. The Crown and the public will be interfered with and damaged by the undue time and expense required to prepare environmental assessments for undertakings which are expected to have insignificant adverse effects on the environment.

Having weighed such 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 undertakings 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 undertakings are declared exempt from the application of the Act for the following reasons:

  1. The Ministry of the Environment will be notified of all proposed undertakings which are expected to have potential environmental effects.
  2. This order provides the opportunity for the Minister of the Environment to seek the concurrence of the Lieutenant Governor in Council to designate major commercial or business enterprises or activities or proposals, plans or programs in respect of major commercial or business enterprises or activities as undertakings subject to the Environmental Assessment Act prior to their occurrence.

This declaration order is subject to the following conditions;

  1. Where a proposed activity is an undertaking for which the Ministry of Northern Development and Mines has the discretion by statute or regulation to grant a disposition, the undertaking shall be subject to conditions 3 through 13 of this order.

  2. In this order;

    environment
    has the same meaning as in the Act which includes the natural environment and the social, economic and cultural conditions that influence the life of humans or a community; and
    project
    means an enterprise or activity, not subject to the Act, for which an application for the disposition of Crown resources is being considered.
  3. Where a proposed disposition is for a project which, in the opinion of the Ministry of Northern Development and Mines,
    1. may have potential environmental effects, and
    2. has not already been subjected to a substantially equivalent environmental assessment process pursuant to a statute of Ontario or another jurisdiction,

    the Senior Manager, Mining Lands Section, shall;

    1. ensure the provision of public notice of the proposed project, which at a minimum, will consist of a mailing to persons and agencies, with a known or potential interest in the proposed project, and the Senior Manager may request the disposition applicant to provide such notice;
    2. provide notice of the proposed project to government ministries and agencies which may have an interest in the proposed project, and such notice shall, in all cases, be given to the Environmental Assessment and Approvals Branch and the appropriate Regional Office of the Ministry of the Environment; and
    3. provide a minimum of 30 days for response to any notice given under clauses 3 (a) and (b) before proceeding under Condition 4.
  4. After discussing concerns with any party who has raised concerns, the Senior Manager, Mining Lands Section, of the Ministry of Northern Development and Mines shall make a determination that:
    1. the proposed project will not have potential environmental effects, and the Ministry of Northern Development and Mines may proceed to grant the disposition; or that
    2. the proposed project may have potential environmental effects.
  5. If the Senior Manager, Mining Lands Section, makes the determination referred to in subcondition 4(2), the Senior Manager, Mining Lands Section shall carry out the following steps:
    1. the disposition applicant, and any party that has raised concerns, will be notified in writing, that the proposed project will be referred to the Ministry of the Environment for consideration and may ultimately be subject to the Act;
    2. the notification under clause 5(a) shall describe the manner in which such a project may become subject to the Act and the prohibitions attached to the proposed activity when referred to the Ministry of Environment should the project become subject to the Act before the disposition is granted;
    3. at the time of giving the notification under clause 5(a) the Ministry of Northern Development and Mines shall advise the Director of the Environmental Assessment and Approvals Branch and the appropriate Regional Director of the Ministry of the Environment, in writing, of the notice, and provide these Directors with the following additional information: the purpose, location, and description of the proposed project, expected potential environmental effects, proposed mitigation measures, the identity or description of any affected agencies and members of the public with concerns, the concerns with respect to the proposed project, and any proposed means of addressing the concerns; and
    4. any additional comments or information received following notification pursuant to clause 5(c) shall be forwarded to the above Directors.
  6. Within 45 days of the Director of the Environmental Assessment and Approvals Branch of the Ministry of the Environment receiving a notice as described in clause 5(c), and, after consultation with the Ministry of Northern Development and Mines, the Director will, by written notice to the Ministry of Northern Development and Mines and the disposition applicant which outlines the reasons, advise:
    1. that the Ministry of the Environment does not intend to seek designation of the project in connection with the proposed disposition, in which event the Ministry of Northern Development and Mines may proceed with the disposition; or
    2. that the Ministry of the Environment does not intend to seek designation of the project in connection with the proposed disposition subject to the conditions set out by the Ministry of the Environment being met by the disposition applicant, in which event the Ministry of Northern Development and Mines may proceed with the disposition; or
    3. that the Ministry of the Environment intends to seek designation of the project in connection with the proposed disposition, in which event the disposition shall not be granted under this order until approval to proceed with the project is granted; or
    4. that the Ministry of the Environment is considering the application of clause 6(c) to the project, in which event a specified time for a decision on designation, as described in clause 6(a), 6(b) or 6(c), will be set out, from time to time, by notice to the Ministry of Northern Development and Mines, and the 45-day period shall be extended accordingly.
  7. Where Conditions 3, 4, 5 or 6 apply the Ministry of Northern Development and Mines may not proceed with the disposition except as set out therein.
  8. Where the Minister of the Environment is considering the matter, and written notice of a decision on designation has not yet been provided to the Ministry of Northern Development and Mines and the disposition applicant under Condition 6:
    1. the Ministry of the Environment may give such further notices to the public and other individuals or agencies who might be affected by the disposition or carry out other public consultation as it deems appropriate;
    2. the Ministry of Northern Development and Mines shall provide further available information upon the request of the Ministry of the Environment;
    3. the Ministry of the Environment may request that the disposition applicant provide further information or carry out further research.
  9. Where the Director of the Environmental Assessment and Approvals Branch of the Ministry of the Environment does not notify the Ministry of Northern Development and Mines as provided for in Condition 6, the Ministry of Northern Development and Mines may proceed with the disposition.
  10. The Minister of the Environment ma y, with respect to any project for which a disposition application has been made, by written notice to the Ministry of Northern Development and Mines;
    1. determine that the proposed project may have potential environmental effects and if such a determination is made, conditions 3, 5 (a) to (d) , and 6 to 9 shall apply to any disposition for the project; and
    2. determine the form of any notice issued in regard to the dispositions and who is to receive such notice
  11. Notwithstanding any of the foregoing, the Minister of the Environment may recommend to the Lieutenant Governor in Council the designation of any project as a major commercial or business enterprise or activity or proposal, plan or program in respect of a major commercial or business enterprise or activity which shall be subject to the Act.
  12. Where a project is subject to the Act (or would be so subject except for another exemption), and the provisions of the Act (including any provisions of an approval or other exemption), have been complied with, then the disposition related to the project is not subject to conditions 3 to 9 of this order.
  13. Where a disposition which otherwise would be exempt under this order is being carried out in connection with, or is part of, an undertaking, for which an environmental assessment has been done and approval to proceed received, the disposition shall be carried out in accordance with the approval to proceed.
  14. By June 11, 2004, the Ministry of Northern Development and Mines shall develop, with the Ministry of Culture, a Memorandum of Understanding to address the mitigation of impacts to cultural heritage resources.
  15. By December 11, 2004, the Ministry of Northern Development and Mines shall develop an implementation procedure to assist staff in reviewing disposition applications. This procedure shall include a comprehensive screening criteria checklist to assist in the determination or the potential for environmental effects and shall be reviewed by the Ministry of the Environment before it is implemented. In the interim, the Ministry of Northern Development and Mines shall use Appendix A of the Ministry of Natural Resources Procedure LUPB 4.02.75 (Disp) in determining whether a proposed disposition for a project may have potential environmental effects.
  16. This order takes effect upon the expiry of Exemption Order MNR-26/7 filed as Ontario Regulation 145/90.
  17. This order shall expire on June 11, 2004 or may be extended to such later date as is determined by the Minister of the Environment and published in the Ontario Gazette.
  18. Any request for an extension to this order shall be made at least six months prior to the expiration of this order and accompanied by documentation supporting the continuance of the order, or any amendments to the order which may be proposed.

Original signed by:
Minister of the Environment

Approved by O.C. number 1266/2003
Approved: June 11, 2003