Declaration order

Having received a request from the Toronto Waterfront Revitalization Corporation (TWRC) that an undertaking, namely:

the development and redevelopment of parks along the central Toronto waterfront at five locations, including the West Don Lands, East Bayfront, Commissioners Park, Don Greenway and Lake Ontario Park (Project)

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

Having been advised by the TWRC 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. It will delay TWRC from the implementation of the parks space as a result of an individual environmental assessment process.
  2. It will prevent the TWRC from demonstrating progress in the waterfront revitalization.
  3. It will delay positive changes to the waterfront that may result in environmental benefits and would act as a catalyst for attracting private sector investments.

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. There are no anticipated significant harmful environmental effects expected as a result of the proposed parks. TWRC has identified potential environmental effects during construction of the parks and has proposed mitigation measures for these potential effects.
  2. Notice of the proposal to issue this order has been placed on Environmental Bill of Rights Registry and comments received have been considered in the preparation of this order.
  3. The public, local provincial agencies, and potentially affected aboriginal communities have had the opportunity to review the proposal and provide comments; no outstanding concerns have been identified.
  4. TWRC will have to obtain appropriate approval under provincial legislation such as the Environmental Protection Act and the Ontario Water Resources Act as well as federal and municipal approvals in order to carry out its construction activities.

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

  1. This order applies to park development and redevelopment along the central Toronto waterfront at five locations, including the West Don Lands, East Bayfront, Commissioners Park, Don Greenway and Lake Ontario Park, undertaken by TWRC or any agents working on behalf of TWRC within the areas outlined on the map provided by TWRC entitled Parks Declaration Order, February 2005 (see attached Figure 1).
  2. 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.
  3. 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.
  4. This order does not apply to any shoreline work or lakefilling which may be proposed as part of any future park development and redevelopment as part of the Toronto Waterfront Parks.

  5. In order to ensure that:

    • existing natural features and functions are maintained;
    • hazardous areas prone to flooding and erosion are avoided;
    • aquatic and terrestrial habitat are enhanced through the consideration of the Toronto Waterfront Aquatic Habitat Restoration Strategy and the Toronto and Region Conservation Authority’s draft Terrestrial Natural Heritage System Strategy;
    • human access is provided;
    • erosion and sediment controls meeting or exceeding provincial standards are included;
    • any potential harmful alterations, disruption or destruction (HADD) of fish habitat are identified;
    • baseline studies are developed
    • park development/redevelopment options with community input are developed and assessed to determine the potential environmental impacts and associated mitigation or compensation; and,
    • any works in creating the parks do not have an impact on the flood protection works undertaken by the Toronto and Region Conservation Authority

    TWRC shall consult with the Toronto and Region Conservation Authority during the detailed design phase of the proposed parks and obtain any required approvals prior to the implementation of the Toronto Waterfront Parks.

  6. For any works related to the Toronto Waterfront Parks in or adjacent to Lake Ontario and/or the Don River that directly or indirectly support fisheries resources, the Ministry of Natural Resources shall be contacted for the appropriate timing guidelines for when these works can occur.
  7. In order to ensure that any cultural heritage and archeological resources are protected TWRC shall consult with the Ministry of Culture during the detailed design phase of the proposed parks and prepare a Cultural Heritage Assessment for all park development projects to be submitted to and by a time prescribed by the Ministry of Culture. In addition, TWRC shall immediately contact the Mississauga of the Credit First Nation should any burial or village sites be found during the preparation of the Cultural Heritage Assessment or during construction.
  8. Prior to construction of the proposed parks, TWRC shall prepare the following strategies, to be submitted to the Technical Support Manager of the Ministry of the Environment’s Central Regional Office for review. Any issues identified by the Director of the Ministry of the Environment’s Central Regional Office must be addressed prior to construction.
    • A soil and groundwater management strategy, including but not limited to, how the provisions of the Record of Site Condition Regulation (Ontario Regulation 153/04) will be followed.
    • A waste management strategy detailing the management and disposal of any asbestos waste generated during the demolition of any former on-site structures.
    • An air monitoring strategy to be implemented during the demolition and construction phase of the proposed project, including but not limited to, an appropriate mitigation plan to address potential off-site dust and odour impacts. The strategy shall also include a site-specific approach, focusing on the nature of site contamination and the potential need for ambient air monitoring of odour/particulate during construction and site remediation.
  9. During the detailed design phase TWRC shall include measures to ensure that sediment discharge to adjacent waterbodies from construction activities will be minimized or eliminated. Stormwater control methods should be designed in accordance with the Ministry of the Environment’s 2003 Stormwater Management Planning and Design Manual and shall be consistent with the City of Toronto’s Wet Weather Flow Master Plan.
  10. TWRC shall immediately notify the Ministry of Environment’s Toronto District Office if contaminated sites are identified on or adjacent to any proposed park areas, and/or if the Project should result in any off-site impacts to adjacent land and/or groundwater.
  11. TWRC shall prepare a Public Consultation Plan for each individual park. This plan will be implemented prior to the detailed design phase and used to develop the detailed design for each individual park. The Public Consultation Plan shall be submitted to the Director of the Environmental Assessment and Approvals Branch for review prior to implementation.
  12. TWRC shall provide the Director of the Environmental Assessment and Approvals Branch of the Ministry of the Environment with a letter, prior to construction, demonstrating how these conditions have been fulfilled.

Dated the 7th day of December, 2005

Original signed by
Minister of the Environment

Approved by O.C. number: 1910/2005
Environmental assessment file number: EA-04-01-01