Declaration order

Having received a request from the Minister of Government Services that an undertaking, namely:

The construction and maintenance of a Veteran’s War Memorial on the south lawn at Queen’s Park by the Ontario Realty Corporation and the Ministry of Government Services

be declared not subject to the Environmental Assessment Act (the Act) and its regulations, pursuant to section 3.2; and

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

  1. The Government of Ontario will be interfered with in their commitment to honour Ontario’s war veterans.
  2. The public interest will be damaged by the loss of anticipated benefits associated with tourism, enhanced viewscapes at Queen’s Park and enhancement of the cultural heritage aspects of the Legislative precinct.

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 and its regulations for the following reason(s):

  1. The construction of the Veteran’s War Memorial is a fitting memorial to those Ontarians who lost their lives while servicing their Country;
  2. The objectives of the Veteran’s War Memorial are consistent with the conservation, protection and wise management of the environment;
  3. There are no significant environmental effects.

The Declaration Order is subject to the following 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. This Declaration Order expires December 31, 2006, unless the construction of the Veteran’s War Memorial commences prior to that date, or unless the Minister of the Environment extends the expiry date by written notice to the Minister of Government Services.

Dated the 28th day of July, 2005 at Toronto

Original signed by:
Minister of the Environment

Approved by O.C. number: 1261/2005