Environmental assessment act
Section 9
Notice of approval to proceed with the undertaking

RE: An Environmental Assessment for the Brooks Road Landfill Site Vertical Capacity Expansion

Proponent: 2270386 Ontario Limited (Brooks Road Environmental)

EA Reference No.: 13004
EA File No.: 03-08-02

Take notice that the prescribed deadline for requiring a hearing, provided for in the Notice of Completion of the Ministry Review for the above-noted undertaking, expired on August 25, 2017.

Having considered the purpose of the Environmental Assessment Act, the approved Terms of Reference, the Environmental Assessment, and the Ministry Review and comments received, I hereby give approval to proceed with the Undertaking, subject to the conditions set out below.


My reasons for giving approval are:

  1. The Proponent has complied with the requirements of the Environmental Assessment Act.
  2. The Environmental Assessment has been prepared in accordance with the approved Terms of Reference.
  3. On the basis of the Proponent’s Environmental Assessment and the Ministry Review, the Proponent’s conclusion that the advantages of this undertaking outweigh its disadvantages appears to be valid.
  4. No other beneficial alternative method of implementing the Undertaking was identified.
  5. The Proponent has demonstrated that the environmental effects of the Undertaking can be appropriately managed and mitigated.
  6. On the basis of the Proponent’s Environmental Assessment, the Ministry Review and the conditions of approval, the construction, operation and maintenance of the Undertaking will be consistent with the purpose of the Environmental Assessment Act (Section 2).
  7. The government agency, public and Indigenous community review of the Environmental Assessment has indicated no outstanding concerns that cannot be addressed through commitments made in the Environmental Assessment, through conditions set out below, or through future approvals that will be required. I am not aware of any outstanding issues with respect to this Undertaking which suggest that a hearing should be required.


The approval is subject to the following conditions:

  1. Definitions

    For the purposes of these conditions:

    means physical construction activities, including site preparation works, but does not include the tendering of contracts.
    "Date of Approval"
    means the date on which the Order in Council pertaining to the approval of the Environmental Assessment was signed by the Lieutenant Governor-in-Council.
    means the Director of the Environmental Assessment and Permissions Branch.
    “Environmental Assessment”
    means the document titled Brooks Road Landfill Site Vertical Capacity Expansion Environmental Assessment February 2017.
    “Environmental Compliance Approval”
    means an approval issued under Part II.1 of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended.
    means the Ontario Ministry of the Environment, Conservation and Parks.
    "Indigenous Communities"
    means: Six Nations of the Grand River, Mississaugas of the New Credit First Nation, and Métis Nation of Ontario – Region 9 (representing Clear Waters Métis Council and Niagara Region Métis Council)
    means 2270386 Ontario Limited (Brooks Road Environmental), its agents, successors, and assigns.
    means the Brooks Road Landfill Site consisting of a 6 hectare waste fill area within a waste disposal site of 14.3 hectares, located in Part of Lot 24, Concession 1, North of Talbot Road, Haldimand County.
    “Species at Risk”
    means the species that are on the Species at Risk in Ontario List provided by Ontario Regulation 230/08 of the Endangered Species Act, S.O. 2007, c. 6 as amended.
    means the planning, design, construction, operation, and closure of the vertical expansion of the waste fill area at the Site for an additional 421,000 cubic metres of waste disposal capacity (including cover) and associated works, as specified in the Environmental Assessment.

Dated the 15 day of January 2019 at Toronto.

[Original Signed by]
Minister of the Environment, Conservation and Parks

77 Wellesley Street West
11th Floor, Ferguson Block
Toronto, Ontario
M7A 2T5

Approved by O.C. No. _______________
Date O.C. Approved _______________

Order in Council 186/2019