Declaration order

Having received a request from the University of Waterloo, a public body as defined by section 3 of Ontario Regulation 334 made under the Environmental Assessment Act (Act), namely:

the establishment of a new digital media research and education campus in the City of Stratford, Ontario,

be declared not subject to Part II of the Act pursuant to section 3.2 of the Act; and

Having been advised by the University of Waterloo 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. Delay in the establishment of the new campus would not be consistent with the province’s commitment to education and support for infrastructure enhancement at postsecondary institutions in Ontario.
  2. The establishment of the new campus will be subject to delay, which will force the University to continue to accommodate essential activities related to the digital media program in existing facilities, which are inadequate for their purpose, with the result that students, staff and residents of the City would be without adequate post-secondary educational facilities;
  3. The University will not meet its commitments to funding partners, students and the local community to commence academic programs in the new campus by September 2012;
  4. The City will be delayed in implementing an important economic diversification and urban renewal initiative and will lose valuable financial, educational and employment opportunities for residents and surrounding communities until the new campus is established; and

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 establishment and operation of a new digital media research and education campus in the City of Stratford will provide improved post-secondary educational and training opportunities for the City and other communities in Ontario.
  2. The establishment of the new campus will provide employment opportunities, economic benefits and cultural enhancements for the City.
  3. The potential negative environmental impacts of the proposal are generally minor in their extent and intensity, and are outweighed by the potential socio-economic benefits of the establishment of the campus and the potential natural environmental benefits from the remediation of an industrial brownfield site.
  4. 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 City’s Official Plan.
  5. 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, Aboriginal communities and government reviewers 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. No comments were received on the proposed 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 Part of Lot 454, registered Plan Number 20, City of Stratford, County of Perth (Part 1 Plan 44R-4807).
  4. Development and activities will be planned and carried out in keeping with any other applicable provincial legislation, including the Planning Act and the Environmental Protection Act.
  5. In planning and carrying out the undertaking, the University of Waterloo shall:
    1. to the extent possible, address any concerns raised by Aboriginal communities during the planning and construction of the campus; and
    2. if it becomes apparent to the University that it is unable to adequately address any such concerns raised by Aboriginal communities, it shall immediately notify the Ministry of the Environment and will cooperate with the Ministry of the Environment in addressing those concerns.

Dated the 27th day of October, 2010 at Toronto.

Original signed by:
Minister of Natural Resources

Approved by O.C. number: 1546/2010
Date O.C. approved: November 17, 2010