Notice of approval

Proponent: Regional Municipality of Ottawa-Carleton (now the City of Ottawa)
Environmental assessment file number: TP-OC-02

Take notice that the period for requiring a hearing, provided for in the Notice of Completion of the Review for the above noted undertaking, expired on January 15, 1999. Seven submissions were received before the expiration date. No submissions required a hearing by the Environmental Review Tribunal. The public, including the submitters, were advised that the Minister was considering applying section 9 of the Act with respect to the Environmental Assessment (EA) (which has the effect of eliminating the acceptance decision which was necessary prior to January 1, 1997) and were invited to make submissions on that proposal. None did.

Pursuant to subsection 12.4(3) of the amended Environmental Assessment Act I order that the provisions of section 9 (other than paragraph 9(2)2 and other than the reference to subsection 6.4(2) in paragraph 9(2)5) apply with respect to the EA.

I do not consider it advisable or necessary to hold a hearing. Having considered the purpose of the Act, the EA and Amendment, the Review 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 Proponent’s EA and Amendment and the Review, the Proponent’s 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. Issues raised in the submissions regarding the CP Rail line have been addressed by the Proponent through the submission of an Amendment to the EA.
  4. On the basis of the Proponent’s EA and Amendment, the 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).
  5. The Government Review Team has indicated no outstanding concerns that can not be addressed through conditions of approval. The public review of the EA and Amendment did not identify any outstanding concerns which can not be addressed through these conditions of approval or other approvals/permits as required.
  6. The submissions received after the Notice of Completion of the Review was published are being dealt with through conditions where appropriate. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

  1. The Proponent (the Regional Municipality of Ottawa-Carleton, now the City of Ottawa) shall comply with all the provisions of the EA and Amendment as submitted by the Proponent 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, and;
  2. These conditions do not prevent more restrictive conditions being imposed under other statutes.
  3. The Proponent shall implement the commitments made by and recorded in the amended EA except as provided for in these conditions or as provided by other authorizations, approvals or permits required for the undertaking. The proponent shall provide the Director of the Environment Assessment and Approvals Branch (EAAB) with a summary list of all the commitments made in the EA within six months of the EA approval.
  4. Surface water and groundwater management during implementation will require the Proponent to submit design and construction reports to the Ministry of the Environment (MOE), Director of Eastern Region for review and approval 90 days before tendering any contracts. These reports shall include baseline data on the groundwater, stormwater, surface water and sediment quality of the study area. This data shall be accompanied by a detailed assessment of contaminant impacts, stormwater run off, erosion, snow melt, any filling and diverting of watercourses and water taking for construction, operation and maintenance activities. Assessment of the anticipated impact on groundwater will be required where excavation and filling associated with the construction is undertaken.
  5. In carrying out the undertaking, the Proponent shall ensure that contractors and subcontractors meet applicable (including environmental) regulatory standards, regarding construction, operation and maintenance of the undertaking, and obtain any necessary approvals or licenses.
  6. The Section 16 Implementation Process, as described in the EA, which forms part of the hereby approved undertaking, is hereby amended to incorporate such provisions and requirements, applicable to the design, construction, and operation of an undertaking and the review and amendment of an undertaking, as set out in the June 2000, Municipal Engineers Association Municipal Class EA Part B. Part B – Municipal Road Projects – provides a broad description of the requirements with respect to municipal road undertakings including the projects, purpose and alternatives; the environment and potential mitigating measures; and screening criteria.
  7. In following the Section 16 Implementation Process, the Proponent shall assess and manage impacts on wildlife, watercourses and fish habitat; ground water and surface water impacts; noise and vibration impacts and contaminated materials; and prepare related mitigation studies, reporting back to the MOE annually as per condition 11.
  8. Sound levels anticipated at sensitive points of reception should be established and assessed in accordance with the Ministry of Transportation/MOE Noise Protocol for Highways. Noise and vibration reports should be submitted to the MOE, Director of EAAB, for review and approval, 90 days prior to construction of the transitway.
  9. If contaminated materials are encountered during construction, the Proponent must ensure that management of the contaminated materials is consistent with MOE's guidelines and legislation. The Proponent shall contact the MOE Ottawa District Office prior to proceeding with construction to confirm compliance with MOE legislation and guidelines.
  10. A detailed monitoring/mitigation program will be undertaken by the Proponent during the design and construction of the undertaking with reports prepared and submitted to the MOE annually as per Condition Number 11. The reports will also be submitted to the MOE, Director of Eastern Region. Specifically, the program should outline mitigation and monitoring proposals for the construction of the undertaking as well as for the operation and maintenance of the undertaking.
  11. On or before December 1st of each year, the Proponent shall submit a report of the Director of the EAAB of the MOE for filing on the public record which describes compliance with these conditions of approval, until such time as all conditions are met. The Proponent shall publish notice of the availability of this report in the principal newspapers in the City.

Dated the 23rd day of October 2001 at Toronto

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