Environmental Assessment Act

Section 9

Notice Of Approval To Proceed With The Undertaking

Re:

An Environmental Assessment for the Gardiner Expressway and Lake Shore Boulevard East Reconfiguration

Proponent:
EA File No.:

City of Toronto and Waterfront Toronto
EA-02-07, EAIMS No.: 09130

Take Notice that the period for requiring that the application or matter related to the application be referred to the Environmental Review Tribunal for a hearing and decision, provided for in the Notice of Completion of the Ministry Review for the above-noted Environmental Assessment, expired on July 28, 2017.

I received 15 submissions under Subsection 7.2(3) of the Environmental Assessment Act requesting that the application or matters that relate to the application be referred to the Environmental Review Tribunal for a hearing and decision.

I consider a hearing to be unnecessary in this case. Having considered the purpose of the Environmental Assessment Act, the approved Terms of Reference, the Environmental Assessment, the Ministry Review of the Environmental Assessment, and submissions received, I hereby give approval to proceed with the Undertaking, subject to conditions set out below.

Reasons

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 is 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 review of the Environmental Assessment have indicated no outstanding concerns that cannot be addressed through commitments made in the Environmental Assessment, through conditions set out below, or through future additional approvals that will be required. I am not aware of any outstanding issues with respect to this Undertaking that suggest that a hearing should be required.

Conditions

The approval is subject to the following conditions:

  1. Definitions

    For the purposes of these conditions:

    • “Construction” means physical construction activities, including site preparation works, but does not include 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.
    • “Director” means the director of the Environmental Approvals Branch.
    • “EAB” means the Environmental Approvals Branch (EAB) of the Ministry of the Environment and Climate Change.
    • “Environmental Assessment” means the document the Gardiner Expressway and Lake Shore Boulevard East Reconfiguration Environmental Assessment and Urban Design Study, amended April 2017 (EA).
    • “Ministry” means the Ministry of the Environment and Climate Change.
    • “Proponent” means the City of Toronto and Waterfront Toronto.
    • “Regional Director” means the Director of the Ministry’s Central Regional Office.
    • “Undertaking” includes a removal of the Gardiner East of the Don Roadway, construction of a new elevated expressway link to the Don Valley Parkway, realignment Lake Shore Boulevard East from Jarvis Street to Logan Avenue, and public realm improvements from Jarvis Street to Leslie Street.
  1. General Requirements
    1. The Proponent shall comply with the provisions in the Environmental Assessment, which are hereby incorporated into this Notice of Approval by reference, except as provided in the conditions of this Notice of Approval and as provided in any other approval or permit that may be issued for this Undertaking.
    2. The Proponent shall fulfill all commitments made in the Environmental Assessment.
    3. The conditions of the Notice of Approval do not prevent more restrictive conditions being imposed under other statutes.
    4. Any revisions to the Environmental Assessment should be in accordance with the Environmental Assessment Act and the amending procedures in the Environmental Assessment unless otherwise amended by these conditions.
  2. Public Record
    1. Where a document is required for the public record, the Proponent shall provide two copies of the document to the Director: a copy for filing within the specific public record file maintained for the Undertaking and a copy for staff use.
    2. Additional copies of such documents will be provided by the Proponent for public access to the:
      1. Regional Director;
      2. Clerk of the City of Toronto; and,
      3. The Proponent’s website.
    3. The EAB file number 09130 and EA File Number 02-07 shall be quoted on the document. 
    4. For every document submitted to the Ministry, the Proponent shall clearly identify which condition of approval the document is meant to fulfill.
  3. Compliance Monitoring Program
    1. The Proponent shall prepare and submit to the Director and to the public record, an Environmental Assessment compliance monitoring program.
    2. The compliance monitoring program shall be submitted within one year from the Date of Approval, or 60 days before the commencement of construction, whichever is earlier, or by another date agreed upon by the Director.
    3. The compliance monitoring program shall include a description of how the Proponent will:
      1. monitor implementation of the Undertaking in accordance with the Environmental Assessment with respect to mitigation measures, public consultation, and additional studies and work to be carried out;
      2. monitor compliance with the conditions in this Notice of Approval; and,
      3. monitor compliance with all commitments made in the Environmental Assessment and the subsequent review of and approval process for the Environmental Assessment with respect to mitigation measures, public consultation, and additional studies and work to be carried out.
    4. The compliance monitoring program must contain an implementation schedule for monitoring activities to be completed.
    5. The Director may require the Proponent to amend the compliance monitoring program at any time. Should an amendment be required, the Director will notify the Proponent in writing of the required amendment and the date by which the Proponent must complete and submit the amendment to the Director.
    6. The Proponent shall submit the amended compliance monitoring program to the Director within the time period specified by the Director.
    7. The Proponent shall implement the compliance monitoring program and any amendments to it.
  4. Compliance Reporting
    1. The Proponent shall prepare an annual compliance report outlining the results of the compliance monitoring program (Condition 4 above).
    2. The first compliance report shall be submitted to the Director for the public record no later than one year following the Date of Approval. Each subsequent annual compliance report shall be submitted on the date that is the anniversary of the Date of Approval thereafter. Each report shall cover the previous year to the date of report submission.
    3. The Proponent shall submit annual compliance reports until all conditions are satisfied.
    4. Once all conditions in this Notice of Approval have been satisfied, the Proponent shall notify the Director in writing that the final annual compliance report is being submitted, and that all conditions in this Notice of Approval have been satisfied.  The Ministry will confirm whether all conditions have been satisfied and the Director will state this in writing to the Proponent.
    5. The Proponent shall retain either on the Site or in another location approved by the Director, copies of the annual compliance reports for each reporting year and any associated documentation of compliance monitoring activities.
    6. The Proponent shall make the compliance reports and associated documentation available to the Director or a designate in a timely manner when requested to do so by the Ministry.
  5. Complaint Protocol
    1. The Proponent shall prepare and implement a complaint protocol that sets out provisions for dealing with and responding to inquiries and complaints during all stages of the Undertaking.
    2. The Proponent shall submit the complaint protocol to the Director within one year from the Date of Approval, or 60 days before the start of construction, whichever is earlier.
    3. The Director may require the Proponent to amend the complaint protocol at any time. Should an amendment be required, the Director shall notify the Proponent in writing of the amendment required and when the amendment must be completed.
    4. The Proponent shall submit the amended complaint protocol to the Director within the time period specified by the Director.
    5. The Proponent shall implement the complaint protocol and any amendments to it.
  6. Best Management Practices – Climate Change Resiliency
    1. The Proponent shall consider the overall resilency of the stormwater management system for the Undertaking and implement stormwater management measures for the project right-of-way to achieve enhanced level sediment removal where possible.
    2. The Proponent shall consider best practices for construction waste management and the reuse of construction materials and demolition debris where feasible.
    3. The Proponent shall consider the use of sustainable construction materials including the latest advancements in concrete use and manufacturing, and low carbon cement.
    4. Prior to the start of construction, the Proponent shall inform the Director how conditions 7.1 to 7.3 were fulfilled.
  7. Public Realm Phasing and Implementation Plan
    1. The Proponent shall consider how to improve connections between the pedestrian and cycling network proposed as part of the Public Realm Phasing and Implementation Plan and the existing cycling and pedestrian infrastructure in the area of the Undertaking.
    2. The Proponent shall submit the Public Realm Phasing and Implementation Plan to the Director when completed as part of the annual compliance reporting required by Condition 5. As part of this annual compliance reporting, the Proponent shall describe how the connections described in condition 8.1 above were considered.
  8. Review and Duration of Approval
    1. If, within 5 years of the Date of Approval, the Proponent has not commenced construction of the Undertaking, the Proponent shall undertake a review of the Environmental Assessment.  The Proponent shall review whether the effects analysis, anticipated net effects, and associated mitigation measures set out in the Environmental Assessment remain accurate for the Undertaking, and identify any changes to these.
    2. At least 90 days prior to the commencement of Construction, the Proponent shall submit a report to the Director that sets out the findings of its review of the Environmental Assessment undertaken in accordance with Condiiton 9.1. The Proponent shall post this report on a publicly-accessible website, at the same time as it is submitted to the Director, for one year after submission of the report.
    3. If construction of the Undertaking has not commenced within 10 years of the Date of Approval, this Notice of Approval will expire.

Dated the 9 day of November 2017 at Toronto.

[Signed by]
Minister of the Environment and Climate Change
77 Wellesley Street West
11th Floor, Ferguson Block
Toronto, Ontario
M7A 2T5

Approved by O.C. No. ________

Date O.C. Approved ________

Order in Council 2250/2017