Notice of approval

Proponent: Conservation Ontario, on behalf of the 38 Conservation Authorities across Ontario
Environmental assessment file number: CA-AA-01

Take notice that the period for requiring a hearing, provided for in the Notice of Completion of the Review for the above noted undertaking, expired on December 14. 2001. Only one submission was received before the expiration date, and it did not require a hearing by the Environmental Review Tribunal.

I do not consider it advisable or necessary to hold a hearing. Having considered the purpose of the Act, the approved Terms of Reference, the Class Environmental Assessment, the Review and the submissions received, I hereby give approval to the Class Environmental Assessment, subject to conditions set out below.

Reasons

My reasons for giving approval are:

  1. On the basis of the proponent’s Class Environmental Assessment and the ministry’s Review, the proponent’s conclusion that, on balance, the advantages of proponent Conservation Authorities proceeding pursuant to the Class Environmental Assessment for Remedial Flood and Erosion Control Projects outweigh the disadvantages of doing so appears to be valid.
  2. No other beneficial alternative method of implementing projects covered by the Class Environmental Assessment for Remedial Flood and Erosion Control Projects was identified.
  3. On the basis of the proponent’s Class Environmental Assessment, the ministry’s Review and the conditions of approval, the planning, construction, operation, maintenance and retirement of the class of undertakings will be consistent with the purpose of the Act (Section 2).
  4. All of the concerns raised by the Government and Agency Review Team have been adequately addressed by the proponent. The public review of the Class Environmental Assessment did not identify any outstanding concerns or issues.
  5. The submission received after the Notice of Completion of the Review was published has been dealt with by the proponent. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

Definitions

  1. For the purposes of these conditions:
    proponent
    refers to Conservation Ontario’s member Conservation Authorities, as defined in the Conservation Authorities Act. who will be carrying out the proposed class of undertakings, or Conservation Ontario on behalf of the Conservation Authorities.
    MOEE
    refers to the Ontario Ministry of Environment and Energy.
    EAAB
    refers to the Environmental Assessment and Approvals Branch of the Ministry of Environment and Energy.
    Director
    refers to the Director of the Environmental Assessment and Approvals Branch.
    document
    refers to the final Class EA. the Annual Effectiveness Monitoring Report or the Five-Year Review.
    the Class EA
    refers to the Class Environmental Assessment for Remedial Flood and Erosion Control Projects (submitted for approval August. 2001 and amended January, 2002).

General requirements

  1. This Class EA replaces the Class Environmental Assessment for Remedial Flood and Erosion Control Projects, approved pursuant to Order-in-Council number 280193, and extended by Order-in-Council number 1706/98 and Order-in-Council number 1061/00 under the Environmental Assessment Act.
  2. The proponent shall comply with all the provisions of the Class EA submitted to the ministry which are hereby incorporated in this approval by reference except as provided in these conditions and as provided in any other approvals or permits that may be issued.
  3. These conditions do not prevent more restrictive conditions being imposed under other statutes.

Public record

  1. Where a document is required for the Public Record, the proponent shall provide the document to the.Director for filing within the specific Public Record file maintained for the undertaking. The proponent shall also provide copies of the document for the purpose of public review to:

    1. the Director of the MOEE Eastern Region Office;
    2. the Director of the MOEE Central Region Office;.
    3. the Director of the MOEE West Central Region Office;
    4. the Director of the MOEE Southwestern Region Office; and
    5. the Director of the MOEE Northern Region Office.

    These documents may also be provided through other means as considered appropriate by the proponent. Thirty (30) copies of the final Class EA are to be provided to the EAAB for placement in the public record file and for use by ministry staff (including each Regional and District Office).

Monitoring and reporting conditions

  1. The five-year review of the Class EA, as referred to in section 11.1 of the Class EA, shall be undertaken and submitted to the Director on January 31 of the fifth year following the date of this approval, and every five years thereafter, until such time as is otherwise indicated in writing by the Director to the proponent. An executive summary shall be included in each review. The five-year review shall also be placed on the Public Record.
  2. The proponent shall carry out the effectiveness monitoring and reporting program referred to in section 10 of the Class EA. The annual report required by the program shall be submitted to the Director for placement on the Public Record.
    1. The amending procedure for modifying this Class EA referred to in section 11.0 of the Class EA may be used by the proponent until:
      1. a regulation is made by the Lieutenant Governor in Council prescribing rules and restrictions under subsection 11.4(4) of the Environmental Assessment Act for amending or revoking decisions which apply to this Class EA, and
      2. the Minister of Environment and Energy has issued a notice to Conservation Ontario and filed a copy of it in the Public Record for this Class EA prescribing which of the procedures under the regulation shall apply in place of, or in addition to, the procedures set out in section 11.0 and which procedures in section 11.0 shall cease to apply.
    2. A notice under clause 8.1(b) may prescribe transitional procedures for any amendments proposed before a date specified in the notice.

Dated the 26th day of June 2002 at Toronto.

Original signed by:
Minister of the Environment and Energy
135 St. Clair Avenue West, 12th floor
Toronto, Ontario
M4V 1P5

Approved by O.C. number: 1381/2002
Date O.C. approved: June 26, 2002