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.

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