Notice of approval – terms of reference

Proponent: Toronto Transit Commission
Environmental assessment file number: EA-02-02

As provided for by section 6(4) of the Environmental Assessment Act (EAA), the Terms of Reference (ToR), as submitted for approval to the Ministry of the Environment on July 14, 2006 and revised through the submission of the Terms of Reference dated August 31, 2006, to govern the preparation of an environmental assessment (EA) for the above-noted undertaking is hereby approved with the following amendments:

  • Page 6, last paragraph be revised to read:
    The ToR sets out the methodology for conducting the EA and its approach to compliance with Section 6.1 of the EAA. The EA will include the following components (referencing the appropriate Section numbers from this ToR document):
  • Page 12 last paragraph be revised to read:
    The information provided in the following figures will be updated and refined as part of the EA process and may therefore change.
  • Section 5.2.3 be revised to read:
    The evaluation of alternatives is a central component of the EA. A sound evaluation process is based on five key principles:
    • The evaluation of alternatives must be comprehensible and systematic;
    • The entire process must be participatory, with broad but not duplicative opportunities for input from the public, stakeholders, regulatory agencies, municipalities, Aboriginal Communities, etc.
  • Section 6.4.2 be revised to read:
    As set out in the proposed evaluation criteria (Appendix C), planning alternatives will be generated and assessed with specific regard to the Key Considerations described in Chapter 5. Planning alternatives will be compared to the do nothing approach and the preferred corridor and technology option(s) will be selected to generate design alternatives. To identify the potential environmental effects associated with these criteria, appropriate technical analysis (e.g. natural environment investigations, noise assessment, heritage assessment, etc.) will be undertaken during the EA.
  • Section 6.5.2 be revised to read:
    Alternative designs will be generated and assessed with specific regard to the Key Considerations described in Chapter 5. As set out in the proposed evaluation criteria (Appendix C), alternative designs will be evaluated with specific regard to the Key Considerations described in Chapter 5. To identify the potential environmental effects associated with these criteria, appropriate technical analysis (e.g. natural environment investigations, noise assessment, heritage assessment, etc.) will be undertaken during the EA.
  • Section 7 be Revised to read:

    Consultation is an integral component of the EA process and begins from the earliest stages of planning, including the preparation and approval of the ToR.

    The consultation program for the EA is based on the following principles:

    • Stakeholders may provide input at any time during the study, however, consistent with the narrowing down process of describing and evaluating alternatives set out in this ToR, structured opportunities for input will occur at key study stages;
  • Section 7.2 be revised to read:
    Consistent with this ToR, the proposed consultation plan encourages proactive communication, which allows comments and views of the public to assist the Project Team in the decision making process.
  • Page 29 Public Workshops and Follow-up Activities be revised to read:
    The first workshop will focus and obtain input on:
    • The description and evaluation of planning alternatives
  • Section 7.3 be revised to read:
    The description of planning alternatives
  • Page 17 be revised to read:
    These Key Considerations will be used to assist in the development of alternatives. The criteria used to compare and select a preferred alternative are outlined in Appendix B.

Pursuant to subsection 6.1(1) of the Environmental Assessment Act, any environmental assessment for the above-noted undertaking, submitted to the Ministry of the Environment pursuant to subsection 6.2(1) of the Environmental Assessment Act, must be prepared in accordance with the Terms of Reference as hereby approved.

Reasons

I am satisfied that an environmental assessment prepared in accordance with the Terms of Reference as amended will be consistent with the purpose of the Environmental Assessment Act and the public interest for the following reasons:

  1. The Terms of Reference as amended requires that the Toronto Transit Commission meet the intent of the Environmental Assessment Act by providing for the identification of issues and concerns, and the preferred means of addressing them with due regard to the adoption of environmental management, protection and mitigation measures.
  2. The Terms of Reference as amended has been reviewed by the public and government agencies. There are no outstanding concerns that cannot be addressed in the environmental assessment.
  3. The Terms of Reference as amended requires the Toronto Transit Commission to implement a consultation plan during the preparation of the environmental assessment. In addition, the Environmental Assessment Act requires continued consultation and documentation of the consultation for the preparation of the environmental assessment. As well there will be additional opportunity for public and agency consultation when the environmental assessment is submitted for approval to the ministry.

Dated the 24th day of January 2007 at Toronto.

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