Declaration order

Having received a request from Canadore College, a public body reporting to the Minister of Training, Colleges and Universities that an undertaking, namely:

the planning, construction and operation of a new post-secondary education facility within the Town of Parry Sound,

be declared not subject to Part II of the Environmental Assessment Act (Act) pursuant to section 3.2 of the Act; and

Having been advised by Canadore College that if the undertaking is subject to the application of the Act, the following injury, damage or interference with persons and property will occur:

  1. The planning and construction of the new college building would be subject to delay, with the result that funding from the federal and provincial governments under the Knowledge Infrastructure Program may be lost, and Canadore College will be unable to establish this new educational facility in Parry Sound.
  2. Canadore College would have to continue to accommodate essential activities and programs in the existing facilities, which are inadequate for their purpose, with the result that students, staff and members of the local communities would be without adequate post-secondary educational and training facilities.
  3. Parry Sound would lose valuable educational and employment opportunities for residents and surrounding communities if the new educational facility is not built.
  4. Delay resulting in the loss of funding and inability of Canadore College to build the new educational facility would not be consistent with the province’s commitment to education and support for infrastructure enhancement at post-secondary institutions in Ontario.

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment which would result from the undertaking being subject to the application of the Act;

The undersigned is of the opinion that it is in the public interest to declare and declares that the undertaking is not subject to the application of the Act for the following reason(s):

  1. The planning, construction and operation of a new post-secondary education facility in Parry Sound will provide improved educational and training opportunities and additional employment opportunities for residents of Parry Sound and other nearby communities.
  2. The potential negative environmental impacts of the proposal are generally minor in their extent and intensity, and any potential negative impacts that would not be minor would be adequately mitigated prior to the implementation of the undertaking.
  3. The site plan approval process established under the Planning Act and the proposed conditions outlined below should adequately address any potential negative environmental impacts. The site plan approval process includes a review of the building design, landscaping, and stormwater management plans for the project by the relevant planning authorities. Any approvals given by a planning authority under the Planning Act are required to be consistent with the Provincial Policy Statement and to conform to the policies of the Town’s Official Plan.
  4. Notice of the proposal to issue a declaration order was placed on the environmental registry, which is established pursuant to the Environmental Bill of Rights, 1993, providing the public and Aboriginal communities with notice that a declaration order was proposed and with an opportunity to comment on the proposal. Aboriginal communities that could potentially be negatively impacted by or have an interest in the undertaking were contacted directly. Comments received on the proposal for a declaration order have been considered in the preparation of the declaration order.

This Declaration Order (order) is subject to the following terms and conditions:

  1. Where any activity which under this order would be declared not subject to the Act, is being carried out as, or is part of, an undertaking for which an environmental assessment has been accepted and approval to proceed received, the activity shall be carried out in accordance with any terms and conditions in the approval to proceed as well as the conditions of this order.
  2. Where any activity which is the subject of this order, is being carried out as, or is part of, another undertaking which is the subject of a declaration or exemption order under the Act, the activity exempt under this order shall be carried out in accordance with any terms and conditions in the other declaration or exemption order as well as the conditions in this order.
  3. The undertaking shall be located at one of the following two locations: Part of Lot 29, Concession 3 Geographic Township of McDougall now in the Town of Parry Sound, District of Parry Sound as described in Instrument number 1867 and located on the north side of Parry Sound Drive (Parry Sound Drive Site), or Part of Block I Registered Plan number 21 and all of Lot 1, Registered Plan number 131, Town of Parry Sound, District of Parry Sound (George Street Site).
  4. The making of this order does not pre-determine the acceptability of the Parry Sound Drive site as an acceptable site for the undertaking to be constructed. No new development or site alteration may be carried out, or development plans finalized if the Parry Sound Drive Site is the preferred site, until the following are completed for the Parry Sound Drive Site:
    1. A plan for a site assessment has been developed and carried out in consultation with the Ministry of Natural Resources (MNR) Parry Sound District Office. Any comments from the MNR will be appropriately addressed and incorporated into the plan. The plan for the site assessment may include, but is not limited to, the following:
      1. Ecological land classification of the terrestrial portions of the Parry Sound Drive Site (using an appropriate system for this area).
      2. Wetland evaluation of the portion of the adjacent wetland outlined in green on the attached Parry Sound Drive Site map using the Ontario Wetland Evaluation System (Northern Manual).
      3. A spring survey for B landing’s Turtle (a threatened species) in the large open marsh identified in green on the attached Parry Sound Drive Site map, to determine if the wetland is a hibernation site and thus considered significant habitat of a threatened species.
      4. A breeding bird survey including, but not limited to, Whip-poor-will (a threatened species) and Canada Warbler (species of special concern). Potential significant habitat of Whip-poor-will is identified in brown on the attached Parry Sound Drive Site map. Nesting habitat for a threatened species would be considered significant habitat of a threatened species; nesting habitat of a species of special concern would be considered significant wildlife habitat.
      5. A spring amphibian survey of the small forested wetlands/vernal pool areas within the property, to determine if there is significant breeding habitat of amphibians. These would include, but not be limited to the two areas shaded in blue on the attached Parry Sound Drive Site map. Any such habitats would be considered significant wildlife habitat.
    2. An impact assessment has been carried out, analyzing the potential impacts of the specific development and site alteration proposal and potential mitigation measures (including siting of new structures and site alteration).
    3. The results of the site assessment and impact assessment are submitted to the MNR Parry Sound District Office for peer review. Any comments from the MNR will be appropriately addressed and incorporated into the development plans and mitigation measures prior to implementation.
    4. The results of the site assessment and impact assessment are used to guide the development plans and the determination of appropriate mitigation measures to ensure that new development and site alteration will not result in negative impacts on significant habitat of a threatened species or on significant wildlife habitat.
  5. Development and site alteration will not occur at the George Street site until it has first been examined for Giant Hogweed. If that species exists, it should be eradicated using established procedures, before any site alteration or other activities occur.
  6. At either site, the campus site will be designed such that all garbage management systems comprise bear proof collection and storage systems, including electrified fencing around centralized storage areas for dumpsters.
  7. Development and activities will be planned and carried out in keeping with the Endangered Species Act, 2007
  8. Canadore College shall address, as appropriate, any concerns raised by Aboriginal communities during the planning and construction of the new post-secondary education facility.

Dated the 2nd day of December, 2009 at Toronto

Original signed by:
Minister of the Environment

Approved by O.C. number: 1950/2009
Date O.C. approved: December 9, 2009
Environmental assessment file number: EA-04-10