Notice of approval

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

Take notice that the period for requesting a hearing, provided for in the notice of Completion of the Review for the above-noted undertaking, expired on July 20, 2007.

I received no requests for a hearing by the Environmental Review Tribunal before the expiration date.

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 environmental assessment has been prepared in accordance with the approved Terms of Reference.
  2. On the basis of the proponent’s environmental assessment and the ministry review, the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
  3. The proronent’s assessment of alternative methods and proposed staging of technologies is satisfactory to this ministry, given the consideration of the feasibility of the technologies.
  4. 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).
  5. The proponent has demonstrated that the environmental effects of this undertaking can be appropriately prevented, changed, mitigated or remedied.
  6. The Government Review Team has identified no outstanding concerns that were not resolved by the proponent or that cannot be addressed through Conditions of approval. The public review of the environmental assessment did not identify any outstanding concerns which cannot be addressed through these conditions of approval or permits or approvals required under other legislation, including approvals for stormwater management facilities.
  7. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

The approval is subject to the following conditions:

1. Definitions

For the purpose of these conditions:

BRT
means Bus Rapid Transit System.
Director
means the Director of the Environmental Assessment and Approvals Branch.
EAAB
means the Environmental and Approvals Branch of the Ministry of the Environment.
environmental assessment
means the document titled Southvvest Transitway Extension: From Strandherd Drive to Cambrian Road, the included appendices and supporting documents, including the Environmental Noise Assessment, Ottawa Southwest Transitway report (RWDI, April 19, 2007).
LRT
means Light Rail Rapid Transit System.
ministry
means the Ministry of the Environment.
PLC
means the Public Liaison Committee.
program
means compliance monitoring program
proponent
means the City of Ottawa.
public record
means the record required by section 30(1) of the Environmental Assessment Act to be maintained for this undertaking.
Regional Director
means the Direclor of the ministry’s Eastern Regional Office.
site
means the Trarsitway alignment.
TCP
means Technology Conversion Plan.

2. General requirements

  1. The proponent shall comply with the provisions in the environmental asstessment which are hereby incorporated in this approval by reference except as provided in these conditions and as provided in any other approval or permit that may be issued for the site.
  2. These conditions do not prevent more restrictive conditions being imposed under other statues.

3. Public record

  1. Where a document is required for the public record, the proponent shall provide two copies of the document to the Director: a copy for filing within the specific public record file maintained for the undertaking and a copy for staff use.
  2. Additional copies of such documents shall be provided by the proponent for public access to the:
    1. Regional Director (as required);
    2. City of Ottawa Ben Franklin Place Client Service Centre;
    3. City of Otiawa North Gower Client Service Centre; and,
    4. City of Ottawa City Hall Client Service Centre.
  3. The EAAB file number EA-02-06 shall be quoted on the documents.
  4. These documents may also be provided through other means as considered appropriate by the proponent.

4. Compliance Monitoring Program

  1. The proponent shall prepare and submit to the Director for the public record, an environmental assessment compliance monitoring program.
  2. The program shall be submitted no later than 60 days before the commencement of construction.
  3. The program shall be prepared for the monitoring of the proponent’s fulfilment of the provisions of the environmental assessment for mitigation measures, public consultation, and additional studies and work to be carried out, and of all other commitments made during the preparation of the environmental assessment and the subsequent review of the environmental assessment for mitigation measures, public consultation, and additional studies and work to be carried out.
  4. The program must contain an implementation schedule.
  5. A statement must accompany the program when it is submitted to the Director, indicating that the program is intended to fulfil this condition.
  6. The program, as it may be amended by the Director, must be carried out by the proponent.
  7. The proponent shall make the documentation available to the ministry or its designate upon request in a timely manner when so requested by the ministry during an on-site inspection, audit, or response to a pollution incident report or when information concerning compliance is requested by the ministry.
  8. The proponent shall provide a copy of the program to those agencies, affected stakeholders and/or members of the public who expressed an interest in the activities being addressed or in being involved in the subsequent work no later than 60 days before the commencement of construction.
  9. If the Director amends the program, the proponent shall ensure that the amended copy of the program is provided in a timely manner to those agencies, affected stakeholders and/or members of the public who expressed an interest in the activity being addressed or in being involved in the subsequent work.

5. Compliance reporting

  1. The proponent shall prepare an annual compliance report which describes compliance with the conditions of approval set out in this notice and which describes the results of the proponent’s environmental assessment compliance monitoring program.
  2. The first report shall be submitted within 50 days of the completion of Detail Design, and thereafter on or before March 31st of each year, and shall cover all activities of the previous calendar year.
  3. The proponent shall submit annual compliance reports until all conditions of approval have been satisfied.
  4. When all conditions of approval have been satisfied, the proponent shall indicate in the annual compliance report that this is its f1nal submission.
  5. The proponent shall retain either on site or in another location approved by the Director, copies of the annual compliance reports for each reporting year and any documentation associated with compliance monitoring activities.
  6. The proponent shall make the documentation available to the ministry or its designate upon request in a timely manner when so requested by the ministry during an on-site inspection, audit, or in response to a pollution incident report or when information concerning compliance is requested by the ministry.

6. Status report

  1. The proponent shall prepare and submit to the Director for review and comment a Status Report, no later than the date which is five years from the date of this approval, if the construction of the undertaking has not commenced.
  2. Copies of the Status Report shall be submitted to the Director and Regional Director for review and comment and for placement in the public record file.
  3. A Status Report shall be submitted to the Director and Regional Director for review and comment every five years until such time that the construction of the undertaking has commenced, unless the Director specifies otherwise.
  4. The Status Report shall describe any changes in environmental conditions that may have occurred after the date of this approval; provide a detailed description of the progress of the undertaking; outline the reasons why the construction of the unde1iaking has not commenced; and outline the likelihood of the commencement of construction in the next five years.

7. Technology conversion plan

  1. Should the proponent decide to convert the BRT to LRT, the proponent shall prepare a TCP that identifies how and when the undertaking will convert from a BRT to a LRT.
  2. Copies of the final TCP shall be submitted to the Regional Director for review and comment and to the Director for placement in the public record, at least 90 days before the conversion is to occur.
  3. The proponent shall notify the Director and Regional Director at least 30 days before the Technology conversion is to proceed to construction.
  4. The TCP shall include an implementation schedule.
  5. The TCP shall include information about ridership levels and compatibility of the corridor with other transit systems.
  6. Further to section 5.1 of the environmental assessment, which outlines that converting from BRT to LRT is dependent on other transit initiatives being developed, a copy of the TCP shall be provided to the Ontario Ministry of Transportation and the Ontario Ministry of Public Infrastructure Renewal for review and comment. The proponent shall provide these stakeholders with a minimum 30-day comment period.

8. Public Liaison Committee

  1. If there is interest from the public in forming 21 PLC and members are willing to serve, the proponent shall establish and make reasonable efforts to maintain the PLC. The PLC will serve as a forum for the dissemination, review and exchange of information and monitoring results relevant to the undertaking and will help to ensure that public concerns are addressed and that mitigation measures are employed where appropriate.
  2. If the PLC is not operating, the proponent shall publish a notice at least annually inviting expressions of interest in forming a PLC.
  3. The proponent shall review the need for the PLC annually, for a minimum of five years, and it may dispense with the PLC if, after the fifth year and after giving sufficient notice, there is insufficient interest among members of the public in continuing with the PLC.

9. Complaint 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.
  2. The proponenl shall submit the compliant protocol to the Director for placement in the public record.
  3. A statement must accompany the complaint protocol when it is submitted to the Director indicating that the protocol is intended to fulfil this condition.

10. Archaeological assessments

  1. The proponent shall conduct any further Archaeological Assessments that may be required should it become necessary to alter the preferred alignment. The proponent shall consult with affected stakeholders identified during the environmental assessment process, including the Ministry of Culture, on the results of the Archaeological Assessment(s) and shall obtain any necessary related approvals prior to proceeding with construction.
  2. If a Stage 2 Archaeological Assessment is required, the proponent shall provide a copy of that Stage 2 Archaeological Assessment to the Algonquins of Pikwakanagan First Nation and any other relevant Aboriginal communities as identified by the archaeologist, based on the findings of the Stage 2 Archaeological Assessment.
  3. The proponent shall provide the Algonquins of Pikwakanagan First Nation, and any other Aboriginal communities identified in accordance with condition 10.2, with at least 30 days to provide comments on the Stage 2 Archaeological Assessment.
  4. If a Stage 3 Archaeological Assessment is required in relation to Aboriginal archaeological resources, the proponent shall provide the Algonquins of Pikwakanagan First Nation and any other relevant Aboriginal communities with a reasonable opportunity to participate in the Stage 3 Archaeological Assessment.

11. Amending the design of the undertaking

  1. If the proponent determines that a minor design modification is required and that modification does not alter the expected net effects of the undertaking, the procedure set out in section 8 of the environmental assessment applies to the modification.
  2. Notwithstanding condition 11.1, section 8 of the environmental assessment does not apply where there is a change to the undertaking within the meaning of section 12 of the Environmental Assessment Act.
  3. The proponent shall consult with EAAB if there is uncertainty as to the applicability of conditions of approval 11.1 and 11.2, so as to determine the appropriate steps.

12. Stormwater management requirements

  1. As part of the application for approval for stormwater management facilities under the Ontario Water Resources Act, the proponent shall develop a monitoring and maintenance program for the stormwater management facilities and shall submit this program to EAAB for review and comment.

Dated the 24th day of January 2008 at Toronto

Original signed by:
Minister of the Environment
135 St. Clair Avenue West, 15th floor
Toronto, Ontario
M4V 1P5