Notice of approval

Proponents: The Corporation of the City of Toronto and the Toronto Transit Commission
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 June 16, 2006. I received eight submissions before the expiration date. Five of the submissions were in support of the Environmental Assessment; one submission requested to be notified of construction activity; two submissions requested additional information and clarification about the Environmental Assessment.

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 proponents' Environmental Assessment and the ministry Review, the proponents' 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. On the basis of the proponents' 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 Act (section 2).
  4. The Government Review Team has indicated no outstanding concerns that cannot be addressed through conditions of this approval or through other approvals that may be required. The public did not identify any outstanding concerns which cannot be addressed through these conditions of approval.
  5. The submissions received after the Notice of Completion of the Review was published are being deatt with through conditions of this approval, where appropriate. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

This approval is subject to the following Conditions:

Definitions and terms

Director
refers to the Director of the Environmental Assessment and Approval Branch.
EA
refers to the documents submitted to the Ministry of the Environment on February 16, 2006, which comprise the submission made by the proponents pursuant to section 6.2 (1) of the Environmental Assessment Act.
EAAB
refers to the Environmental Assessment and Approval Branch of the Ministry of the Environment.
MOE
refers to the Ontario Ministry of the Environment.
proponents
refers to The Corporation of the City of Toronto and the Toronto Transit Commission.
public record
refers to the records required to be maintained by the Director pursuant to section 30 of the Environmental Assessment Act.
Regional Director
refers to the Director of the Ministry of the Environment’s Central Regional Office.

General conditions

  1. The Proponents shall comply with all the provisions of the EA submitted to 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. The Proponents shall implement any additional commitments made by them and recorded in their submission dated February 16, 2006, except as provided for in these conditions or as provided by other approvals, authorizations or permits required for the undertaking.
  3. 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, it shall be provided to the Director for filing with the Public Record maintained for this undertaking. Additional copies of such documents will be provided by the Proponents for public access and viewing purposes at:
    • The Regional Director’s Office; and,
    • The Clert’s offices of the City of Toronto.

    These documents may also be provided through other means as considered appropriate by the proponents.

Compliance monitoring

  1. The Proponents 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 purpose of monitoring of the Proponents' fulfillment of the provisions of the EA for mitigating 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.

    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 commitlnents outlined in Sections 8 and 9 of the EA, Detailed Assessment of the Effects of the Undertaking and Commitments to Future Work.

    The Proponents must provide a copy of the Plan to those agencies, affected stakeholders, Aboriginal communities and/or members of the public who expressed an interest in the activity being addressed or being involved in the subsequent work.

    The Plan must contain an implementation schedule of when and how compliance can be verified. The Plan shall be submitted no later than one year prior to the commencement of construction. A statement must accompany the Plan when submitted to the Director 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 proponents.

Aboriginal consultation

  1. The proponents shall, prior to construction, conduct a Stage 2 Archaeological Assessment in accordance with the commitment made at section 9.4 of the EA.

    The proponents shall provide a copy of the Stage 2 Archaeological Assessment to the Mississaugas of the New Credit First Nation, the Huron-Wend at First Nation of Wendake, Quebec and any additional relevant First Nations as identified by the archaeologist, based on the findings of the Stage 2 Archaeological Assessment eany other relevant First Nation as warranted by the Stage 2 findings), if Aboriginal archaeological resources are encountered during the preparation of the Stage 2 Archaeological Assessment.

    The proponents shall provide written notice of an upcoming Stage 3 Archaeological Assessment to the Mississaugas of the New Credit First Nation, the Huron-Wendat First Nation of Wendake, Quebec and any other relevant First Nation as warranted by the Stage 2 findings, if the Stage 2 Archaeological Assessment leads to the preparation of a Stage 3 Archaeological Assessment in relation to Aboriginal archaeological resources.

    The proponents shall provide the Mississaugas of the New Credit First Nation, the Huron-Wendat First Nation of Wendake, Quebec and any other relevant First Nation as warranted by the Stage 2 findings with 30 days to provide comments on the Stage 2 Assessment and the opportunity to reasonably participate in the Stage 3 Archaeological Assessment, if the Stage 3 Archaeological Assessment is required in relation to Aboriginal archaeological resources.

Complaints protocol

  1. The Proponents shall prepare and develop a protocol to respond to and address inquiries and complaints received during the construction and operation of the undertaking. The Proponents shall submit the protocol to the Ministry of the Environment’s Toronto District Office for placement on the Public Record.

Dated the 20th day of September, 2006 at Toronto

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