Introduction

Proponent 

Ontario Realty Corporation

Location

City of Pickering

Type

Other

Reference Number

02114

Contact 

Environmental Approvals Branch, 416-314-8001

Toll free 1-800-461-6290

Current Status

Declaration order: granted, April 5, 2006

Project History

  • Declaration order: granted
    • Date submitted: December 8, 2005
    • Decision date: April 5, 2006

Declaration Order

As part of the Ontario government’s strategy to protect environmentally sensitive lands on the Oak Ridges Moraine, it announced an agreement with private developers to exchange portions of government owned lands in North Pickering, known as Seaton, for privately owned lands in Richmond Hill on the Moraine in November 2001. On November 23, 2003 the Ontario Government reached an agreement to protect 47 acres, bringing the total to 1,057 acres. This exchange will protect the natural features of the Moraine through public ownership as envisioned through the Oak Ridges Moraine Conservation Plan. A strategy has also been put in place to ensure appropriate development of the Seaton lands in North Pickering.

The Ministry of Municipal Affairs and Housing (MMAH) is responsible for overseeing the land transfer. MMAH prepared a land use plan (the Plan) for the Central Pickering Planning Area, which includes the Seaton lands, under the authority of the Ontario Planning and Development Act (OPDA) 1994. The Plan integrates a number of land use initiatives, including the Greenbelt, Oak Ridges Moraine, and key principles of the Growth Plan for the Greater Golden Horseshoe.

The Ontario Realty Corporation (ORC), which is an agency of the Crown and reports to the Ministry of Public Infrastructure Renewal (PIR), is responsible for implementing the land transfer. ORC land transfers are subject to the requirements of the Environmental Assessment Act (EAA) through the Class Environmental Assessment Process for ORC Realty Activities (Class EA). In the approved Class EA document, ORC by voluntary agreement is bound by the full requirements of the Planning Act, except where land is transferred such that it remains in government use. The significance of this is that the Planning Act recognizes Crown (provincial or federal) disposal or acquisition of land as exceptions to the normal requirements of that Act, meaning that the Crown would normally not have to go through the approvals process otherwise required by that statute. This is referred to often as “Crown right”.

The Minister of Public Infrastructure Renewal is seeking a Declaration Order from the Minister of the Environment that would exempt ORC from having comply with the portion of its Class EA that entails seeking the Region’s approval for severing land under the Planning Act and allow ORC instead to exercise Crown right to sever the lands.

ORC completed the Class EA process for the land transfer, and on January 11, 2006 it posted the Environmental Study Report (ESR) for a 30 day public review which ended on February 10, 2006. A Minister’s Order issued under section 16 of the EAA recognizes this posting to occur at this time. As is normal practice, ORC’s commitment to follow the Planning Act requirements and obtain planning approvals is carried out after the completion and posting of the ESR for public review.

The Declaration Order will facilitate severances and transfer, reduce costs and some of the process duplication between the EAA and Planning Act. Issues such as public notification and the assessment of environmental effects are already examined under the Class EA process. The Declaration Order also makes it unnecessary for ORC to seek the Region of Durham’s decision on the severances and the public’s right to appeal land use decisions to the Ontario Municipal Board. The Order would not apply to the remaining portions of the Class EA process for the disposition and acquisition of lands.