Environmental Assessment Act
Section 17.15
Notice of Approval to Proceed with A Part II.3 Project

RE: The W12A Landfill Expansion Environmental Assessment

Proponent: City of London
EA File No.: 03-08-02
EA Reference No.: 18016

Part II.3 of the Act establishes the requirements, authority, and process for preparing, submitting, and deciding an application for approval to proceed with a Part II.3 project under the Act. Part IV of O. Reg. 50/24 under the Act designates certain waste management projects as Part II.3 projects, including the Project.

The proponent having submitted the application for approval of the Project under Part II of the Act and Part II of the Act having been subsequently revoked, pursuant to section 5 of O. Reg. 53/24 under the Act the application is deemed to have been submitted under Part II.3 of the Act.

An application consists of a proposed terms of reference and environmental assessment. In respect of the Project, the Proposed Terms of Reference, W12A Landfill Expansion Environmental Assessment was approved by the minister on July 30, 2019. The proponent submitted its environmental assessment on February 4, 2022, for a decision on the application.

A seven-week comment period followed the submission of the environmental assessment to the ministry, during which time any person could submit comments about the environmental assessment and the Project.

The ministry review of the environmental assessment was completed on June 23, 2023, and notice was provided in accordance with the Act. The ministry review concluded that the environmental assessment was prepared in accordance with the approved terms of reference and the Act and contained sufficient information to assess the potential environmental effects of the Project. There were no outstanding issues from the EA process. The public, government agencies and Indigenous communities had an opportunity to comment on the environmental assessment, the Project, and the ministry review during the five-week comment period.

The proponent and ministry provided identified Indigenous communities with opportunities for consultation with respect to the terms of reference, the environmental assessment and the ministry review.

All comments submitted during the statutory comment periods have been considered. No requests for a hearing by the Ontario Land Tribunal were submitted and I am not aware of any outstanding issues with respect to the application which suggest that a hearing should otherwise be required.

Having considered the purpose of the 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 Project, subject to the conditions set out below.

Reasons for Decision

My reasons for giving approval are:

  1. The proponent has complied with the requirements of the Act.
  2. The environmental assessment has been prepared in accordance with the approved Terms of Reference.
  3. Taking into consideration the Proponent’s environmental assessment and the ministry review, the Proponent’s conclusion that the advantages of this Project outweigh its disadvantages appears to be valid.
  4. The proponent has demonstrated that the environmental effects of the Project can be appropriately avoided, managed, and mitigated.
  5. Taken together, the proponent’s environmental assessment, the Ministry Review and the conditions of approval, the approval of the Project would be consistent with the purpose of the Act.
  6. There are no outstanding concerns raised by government agencies, the public or Indigenous communities that cannot be addressed through commitments in the environmental assessment, through the conditions set out below or through future approvals that will be required.

Conditions of Approval

The approval is subject to the following conditions:

  1. Definitions
    1. For the purposes of these conditions:
      "Act”
      means the Environmental Assessment Act
      “Construction”
      means the 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 Project was signed by the Lieutenant Governor in Council.
      “Director”
      means the Director of the Environmental Assessment Branch.
      “District Manager”
      means the Manager of the ministry’s London District Office.
      “Environmental Assessment”
      means the document titled The W12A Landfill Expansion Environmental Assessment, dated November 2021, submitted to the ministry on February 4, 2022.
      “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.
      “Indigenous Communities"
      means the following communities which the City of London consulted for the proposed W12A Landfill Expansion: Aamjiwnaang First Nation, Bkejwanong (Walpole Island) First Nation, Caldwell First Nation, Chippewas of the Thames First Nation, Chippewas of Kettle and Stony Point, Moravian of the Thames, Munsee-Delaware Nation, and Oneida of the Thames.
      “Ministry”
      means the Ministry of the Environment, Conservation and Parks.
      “Program”
      means the environmental assessment compliance monitoring program.
      “Project”
      means the vertical expansion of the W12A Landfill as set out in the environmental assessment.
      “Proponent”
      means the City of London.
      “Site”
      means the W12A Landfill located at 3502 Manning Drive in the City of London.
  2. General Requirements
    1. The proponent shall implement the Project in accordance with the environmental assessment including any commitments made as part of the environmental assessment process, which is 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 site.
    2. Should the proponent wish to make changes to any document required by these conditions after the document has been accepted or approved by the ministry, the proponent shall obtain written approval for the proposed change from the ministry decision-maker in the condition requiring the document.
    3. For any document required by these conditions to be prepared, submitted and/or posted publicly by the proponent, the Director may provide written notice to the proponent that they no longer need to prepare, submit and/or post the document at the Directors sole discretion.
    4. For any program or plan required by these conditions to be developed or implemented by the proponent, the Director may provide written notice to the proponent that the program or plan need no longer be developed or implemented in the Director’s sole discretion.
    5. The Director, in their sole discretion, may change a deadline provided for in a condition in this notice of approval where the Director determines it is appropriate to do so and it is consistent with the purpose of the Act. The Director must provide notice to the proponent in writing of any such changes.
    6. The conditions of the Notice of Approval do not prevent more restrictive conditions being imposed under other statutes.
  3. Public Record and Submission of Documents
    1. Where a document is required for the public record, the proponent shall post the document on the proponent’s website and shall provide one hardcopy and one electronic copy of the document to the Director.
    2. The environmental assessment Reference Number 18016 and File Number 03-08-02 shall be quoted on all documents in any form submitted to the ministry pursuant to this Notice of Approval.
    3. For every document submitted to the ministry in every form, the proponent shall clearly identify which condition of approval the document is meant to fulfill.
  4. Compliance Monitoring Program
    1. The proponent shall prepare and submit to the Director for approval and for the public record a program.
    2. The compliance monitoring program shall be submitted to the Director up to one year from the Date of Approval or such other date agreed upon by the Director in writing. The compliance monitoring program shall be submitted to the Director at minimum 60 days prior to the start of construction.
    3. The compliance monitoring program shall include a description of how the proponent will:
      1. ensure the project is implemented in accordance with the environmental assessment, including 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. ensure all commitments made in the environmental assessment, including with respect to mitigation measures, public consultation, and additional studies and work to be carried out are fulfilled.
    4. The compliance monitoring program shall include an implementation schedule for planned monitoring activities.
    5. The Director may require the proponent to amend the program at any time and shall provide notice of the required amendment and deadline for completion in writing to the proponent.
    6. The proponent shall submit the amended program to the Director by the deadline specified in the notice.
    7. The proponent shall implement the program, including any amendments to it.
  5. Compliance Reporting
    1. The proponent shall prepare an annual compliance report outlining the results of the program (Condition 4) and the report shall be included as part of the public record.
    2. The first compliance report shall be submitted to the Director for review and for the public record no later than one year following the Date of Approval. Each subsequent annual compliance report shall be submitted to the ministry for review and for the public record on the date that is the anniversary of the Date of Approval thereafter or such other date as agreed to by the Director. Each report shall cover the period since the last report.
    3. Compliance reports are no longer required to be submitted following the earlier of: (i) all conditions in this Notice of Approval are satisfied, or (ii) the Director gives notice pursuant to Condition 2.3.
    4. The proponent shall notify the Director in writing when the final annual compliance report is being submitted. The ministry will confirm that all conditions have been met and the Director will provide written confirmation to the proponent.
    5. The proponent shall retain, either in the proponent’s office or in another location approved by the Director, copies of each annual compliance report for each reporting year and any associated documentation of compliance monitoring activities. The proponent shall post the annual compliance report for each reporting year on its website.
    6. The proponent shall make the compliance reports and associated documentation available to the Director or designate in a timely manner when requested to do so by the ministry.
  6. Complaint Protocol
    1. The proponent shall prepare and implement a complaint protocol for addressing inquiries and complaints related to the Project. The complaint protocol shall include a procedure for notifying the District Manager of any complaints received by the proponent.
    2. The proponent shall submit the complaint protocol to the Director for approval and for the public record at least 60 days before the start of construction or such other date that is agreed upon by the Director in writing.
    3. The Director may require the proponent to amend the complaint protocol at any time and shall provide notice of the required amendment and deadline for completion in writing to the proponent.
    4. The proponent shall submit an amended complaint protocol to the Director by the deadline specified in the notice.
    5. The proponent shall implement the complaint protocol and any amendments to it.
    6. The approved complaint protocol and any amended complaint protocol shall be included as part of the public record.
  7. Landfill Gas Utilization
    1. The Proponent shall re-evaluate landfill gas utilization options within four (4) years of the Date of Approval, and every four years thereafter if a beneficial use for the landfill gas has not yet been implemented and report the results of the evaluation in the annual compliance report for the year in which the evaluation was completed.
    2. The Proponent shall undertake a peer reviewed report for landfill gas recovery and utilization as part of the first submission for the re-evaluation in condition 7.1.
  8. Wildlife
    1. The Proponent shall, prior to construction, develop a habitat monitoring and compensation plan. The plan shall be developed to the satisfaction of interested Indigenous communities, MECP’s Species at Risk Branch and other relevant government agencies, and then implemented as specified in the plan.
    2. The Proponent shall not undertake vegetation clearing for the Project within a 10 metre buffer of the White Oak 1 site during the construction, operation and closure of the landfill.
  9. Consultation with Indigenous Communities
    1. The Proponent shall prepare, in consultation with Indigenous communities, an Indigenous consultation plan that sets out:
      1. How the Proponent will consult with Indigenous communities and provide them with opportunities to be involved in environmental monitoring, archaeological assessments, and re-naturalization activities.
      2. How the Proponent will include at least one Indigenous community representative from each of the interested Indigenous communities into the W12A Landfill Liaison Committee.
      3. How the Proponent will notify Indigenous communities, using a notification protocol, if archaeological resources or Indigenous remains are encountered.
      4. How the Proponent will issue notices and updates to Indigenous Communities.
      5. How changes to the plan may be made if needed.
    2. Within six (6) months from the Date of Approval or by such other date as may be agreed in writing by the Director, the Proponent shall submit the Indigenous consultation plan to the Director for approval together with a summary of how the Proponent consulted with the Indigenous communities and any concerns an Indigenous Community has identified for the plan.
    3. Once the Director has accepted the Indigenous consultation plan, the Proponent shall implement the Indigenous consultation plan.
    4. The Director may require the Proponent to amend the plans 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.
    5. The Proponent shall submit the amended plan(s) to the Director by the deadline specified by the Director and include them as part of the public record.
  10. W12A Landfill Operating Committee
    1. The Proponent shall establish a Landfill Operating Committee.
    2. The committee shall meet initially at minimum twice per year.
    3. The W12A Landfill Operating Committee shall serve for the dissemination, review, and exchange of information and monitoring results relevant to the construction and operation of the Project.
    4. The Landfill Operating Committee will include one Indigenous community representative from each of the local interested Indigenous communities, Proponent representatives, and one representative from the ministry.
    5. The proponent may discontinue the Landfill Operating Committee if interest decreases substantially over time. If discontinued, the Proponent shall re- establish the Landfill Operating Committee upon request of Indigenous communities.
  11. Changes/Amendments
    1. The proponent shall implement any changes to the Project in accordance with the Act including the environmental screening process under O. Reg. 50/24 Part II.3 Projects - Designations and Exemptions made under the Act as may be applicable.
  12. Duration of Approval
    1. If the Project has not substantially commenced within 10 years of the Date of Approval, or by the end of any extension to that period granted by the ministry in writing, this approval expires.

Dated the 12th day of April 2024 at Toronto.

[Original Signed by]
Minister of the Environment, Conservation and Parks
777 Bay Street, 5th Floor
Toronto ON M7A 2J3

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

Order in Council 566/2024