Declaration order

Having received a request from the Ministry of Natural Resources that an undertaking, namely:

The activity of construction, operation and maintenance of projects at existing fish culture stations, including:

  • extensions to existing buildings
  • visitor centres
  • rearing facilities
  • new building construction for:
    • aeration towers
    • broodstock facilities
    • administration
    • egg collection facilities
  • new tank installation
  • construction of effluent treatment facilities
  • development of additional water supplies;

be declared not subject to section 5 of the Act pursuant to section 3.2; and

Having been advised by the Ministry of Natural Resources 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 public will be damaged by the loss of anticipated benefits associated with an enhanced provincial fishery.
  2. The Crown will be interfered with and damaged by the undue expense required to prepare environmental assessments for the undertakings that are not expected to have significant adverse effects on the environment.

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 section 5 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 reasons:

  1. Fish Culture Station construction projects will occur only in conjunction with existing facilities which were in operation prior to the passage of the Act or which had been exempted from the Act prior to the date of this order.
  2. The environmental protection and mitigation procedures described in the Construction and Mitigation Handbook for MNR Class EA Projects and the Environmental Guidelines for Access Roads and Water Crossings will be followed where applicable.
  3. The Ministry of the Environment controls water intake and effluent discharge from fish culture stations through a Permit to Take Water and a Certificate of Approval under the Ontario Water Resources Act.
  4. Surveys undertaken by MNR indicated strong support for additional fish culture development across the province.
  5. Notice of the proposal to issue this order has been placed on the Environmental Bill of Rights Registry and comments received have been considered in the preparation of this order.

This Declaration Order is subject to the following conditions:

  1. The Ministry of Natural Resources shall follow all appropriate procedures described in the Construction and Mitigation Handbook for MNR Class EA Projects and the Environmental Guidelines for Access Roads and Water Crossings, where applicable.
  2. The Ministry of Natural Resources shall provide the Environmental Assessment and Approvals Branch and the appropriate regional office of the Ministry of the Environment with a copy of the Final Project Plan for any project no less than 45 days prior to the beginning of construction of the project. Copies of the Final Project Plan will be made available to the public, upon request, for examination at the appropriate district office of the Ministry of Natural Resources.
  3. Within 45 days of receiving a copy of a Final Project Plan as described in Condition 2, and, after consultation with the Minister of Natural Resources, the Minister of the Environment may, by written notice to the Minister of Natural Resources which outlines his or her reasons, direct that an environmental assessment be prepared for the project, in which event the project will not be exempt under this order.
  4. 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.
  5. 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.
  6. This order expires on September 30, 2005 or such later date as the Minister of the Environment specifies by Notice in writing to the proponent and in the Ontario Gazette.

Original signed by:
Minister of the Environment

Approved by O.C. number 1998/2000
Environmental assessment file number: NR-AA-01