Notice of approval

Proponent: City of Ottawa
Environmental assessment file number: EA-02-06

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 February 3, 2006. I received forty-one submissions before the expiration date. Three submissions requested a hearing by the Environmental Review Tribunal.

I consider a hearing to be unnecessary in this case. 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 undertaking, subject to conditions set out below.

Reasons

My reasons for giving approval are:

  1. On the basis of the proponent’s Environmental Assessment and the Review, the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
  2. No other beneficial alternative method of implementing the undertaking was identified.
  3. Issues raised in the submissions regarding the location of the maintenance yard are best addressed by the condition of approval.
  4. On the basis of the proponent’s Environmental Assessment, the Review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Act (section 2).
  5. The Government Review Team has indicated there are no outstanding concerns that can not be addressed through conditions of approval. The public review of the Environmental Assessment did not identify any outstanding concerns which can not be addressed through these conditions of approval.
  6. The submissions received after the Notice of Completion of the Review was published are being dealt with through conditions where appropriate. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

1. General conditions

  1. The Proponent shall comply with all the provisions of the EA submitted to the MOE which are hereby incorporated by reference except as provided in these conditions and as provided in any other approvals or permits that may be issued.
  2. These proposed conditions do not prevent more restrictive conditions being imposed under other statutes.

2. Public record

  1. Where a document is required for the Public Record, it shall be provided to the Director, Environmental Assessment and Approvals Branch, for filing with the Public Record maintained for this undertaking. Additional copies of such documents will be provided by the Proponent for public access at:
    1. The Regional Director’s Office; and
    2. The Clerk’s Offices of the City of Ottawa
  2. These documents may also be provided through other means as considered appropriate by the proponent.

3. Compliance monitoring

  1. The Proponent shall prepare and submit to the Director for review and placement on the Public Record an Environmental Monitoring and Management Plan (Plan). The Plan shall be prepared for the monitoring of the Proponent’s fulfillment of the provisions of the EA for mitigation measures, built in attributes to reduce environmental effects, public consultation, additional studies and work to be carried out. and for all other commitments made during the preparation of the EA and the subsequent review of the EA.
  2. Given the scope of the project, the Plan will follow the Implementation Schedule of the project and can be submitted in stages. The Plan is to describe what actions are required to address the commitments and how compliance of these actions can be verified. The Plan should specifically include, but not be limited to, the commitments outlined in Chapter 7 of the EA Potential Impacts. Proposed Mitigation and Commitments to Future Work.
  3. The Proponent must provide a copy of the Plan to those agencies affected stakeholders and/or members of the public who expressed an interest in the activity being addressed or being involved in the subsequent work.
  4. The Plan must contain an implementation schedule of when and how compliance can be verified. The Plan shall be submitted during each construction phase no later than 30 days prior to the commencement of construction. A statement must accompany the Plan when submitted to the Director, Environmental Assessment and Approvals Branch, indicating that the Plan is intended to fulfill this condition. The Plan, as it may be amended by the Director, must be carried out by the proponent.

4. Complaints protocol

  1. The Proponent shall prepare and develop a protocol on how it will deal with and respond to inquiries and complaints received during the construction and operation of the undertaking. The Proponent shall submit the protocol to the Eastern Region Director for placement on the Public Record.

5. Maintenance yards

  1. The Proponent shall follow a public process to determine which of the three maintenance yard alternatives identified in the Proponent’s EA is the preferred location of the maintenance yard. This process, at a minimum, shall include:
    • Establishment of a Public Working Group;
    • Development of criteria and a technical review of each of the three eligible sites;
    • Consultation with the public and agencies;
    • Public information meetings;
    • Assess mitigation measures;
    • Consideration of conclusions by the Working Group, followed by Council approval; and
    • Proceed to construction.
  2. The Proponent shall submit to the Minister a Maintenance Yard Selection Report that identifies which of the three maintenance yard alternatives identified in the Proponent’s EA Report is the preferred location of the maintenance yard. The Report shall summarize the public process carried out by the Proponent for the selection of the final location of the maintenance yard and it shall document the assessment carried out, the consultation undertaken with the public and agencies and the commitments made by the City in regards to the selection of the final location.
  3. The Proponent shall place the Report, within 30 days of its completion on the Public Record for a minimum 30 day period.
  4. The Proponent shall not proceed with the construction of a maintenance yard unless the Minister, having considered the Report, any public comments regarding the Report and the public interest, approves its construction.

Dated the 18th day of May 2001 at Toronto

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