Declaration order

Having received a request from the Ministry of Natural Resources that, pursuant to section 3.2 of the Environmental Assessment Act (Act), that section 5 of the Act be declared not to apply to an undertaking, namely:

The activities for and related to the construction of a campground, including approximately 250 campsites, access roads, comfort stations, a visitor centre, a maintenance compound and administrative buildings at Inverhuron Provincial Park.

Having been advised by the Ministry of Natural Resources that if the undertaking is subject to the application of section 5 of the Act, the following injury, damage or interference with the persons and property indicated will occur:

  1. The Ministry of Natural Resources, and the public will be damaged by the unnecessary delay and expense of either having to prepare and submit an Environmental Assessment or wait for the completion, review and possible approval of the Class Environmental Assessment for Provincial Parks and Conservation Reserves for an activity which is expected to have minimal negative impacts on the environment.
  2. The public will be damaged by the loss of anticipated benefits associated with natural heritage education and outdoor recreational opportunities and associated tourism benefits derived from the construction of the campground.

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 make an Order and so declares that the undertaking is not subject to the requirements of section 5 of the Act for the following reason(s):

  1. The public had several opportunities to review and provide input into the planning for a new campground, including the 1998-2000 review of the 1985 Inverhuron Provincial Park Management Plan, as well as postings on the Environmental Bill of Rights Registry. All concerns that were set forth have been or are being satisfactorily-addressed or will be addressed during further required public consultation. The approved 2000 Inverhuron Provincial Park Management Plan includes the proposed campground and no appeals of the Plan were filed.
  2. The campground will assist in achieving the benefits related to Ontario’s system of parks and protected areas, including social benefits to the people of Ontario and its visitors, through natural heritage education and outdoor recreational opportunities, along with associated economic and tourism benefits for the surrounding communities.
  3. The Ministry of Natural Resources will carry out the construction of the campground in a manner consistent with the Inverhuron Provincial Park Management Plan to minimize any potential negative effects on the environment, as required by a condition of this Declaration Order.
  4. As required by the conditions of this Declaration Order, the Ministry of Natural Resources will follow Ontario Parks' approved site planning guidelines and processes, including the Park Planning Directives contained in the Ontario Parks Policies, Procedures and Bulletins (formerly known as Parks and Recreation Areas Branch Policies and Procedures), to identify and minimize any potential negative effects on the environment. As part of this process an Environmental Study Report (ESR) and implementation and project plans will be completed for the project. Each will be subject to public and agency review and input.
  5. The purpose of this Order is to exempt a capital construction project costing in excess of $2,000,000 which, except for the cost, would otherwise be exempt by Ontario Regulation 83/94 (MNR-59/2), the Exemption Order dealing with the carrying out of the Provincial Parks Program.

This 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. In addition to the conditions set out in this order, any activity which is the subject of this order shall be carried out in accordance with the conditions of Exemption Order, Ontario Regulation 83/94 (MNR-59/2), except condition 1(b) and 16 of that Order and except as modified by the conditions of this Order.
  4. The Ministry of Natural Resources shall ensure that studies are conducted as the Ministry of the Environment considers necessary, to determine the preferred method of providing sewer and water services to the proposed facilities.
  5. The Ministry of Natural Resources shall require that the design and construction of the campground complies with the Inverhuron Provincial Park Management Plan, the Ontario Parks Building and Structures Design Manual and the Ontario Provincial Parks Landscape Design Principles and Guidelines and other provincial park standards.
  6. The ESR required to be prepared for the project by the Parks Planning Directives contained in the Ontario Parks Policies, Procedures and Bulletins (formerly known as Parks and Recreation Areas Branch Policies and Procedures)and any other implementation or project plans pertaining to the project, such as those related to sewage and water, disposal of wastes, construction plans, site plans and campground concept design drawings, which are also required by the Parks Planning Directives, shall constitute "proposed plans and projects" as set forth under Condition 11 of Exemption Order, Ontario Regulation 83/94 (MNR-59/2). Copies of the ESR and the plans shall be available for public inspection on request at MacGregor Point Provincial Park, and the Tiverton Library (subject to the consent of the library), at least 45 days before the implementation of the ESR or the particular plan. In addition to the notice required by the Parks Planning Directives, notice of the availability of the ESR and these plans shall also be provided to any other governmental agencies, groups or individuals that previously expressed interest in writing to the Ministry of Natural Resources in an issue relevant to a particular plan or that the Ministry of Natural Resources reasonably considers to have an interest. Either the notice or the ESR/plans shall outline that any governmental agency, group or individual may request, within 45 days of the notice, that the project be subject to an individual Environmental Assessment if the governmental agency, group or individual feels serious environmental concerns remain unresolved and that the Minister of the Environment, after consultation with the Ministry of Natural Resources, makes the decision on such a request pursuant to Conditions 13 and 14 of Exemption Order, Ontario Regulation 83/94 (MNR-59/2).
  7. This Declaration Order expires December 31, 2003, unless the construction of the campground commences prior to that date, or unless the Minister of the Environment extends the expiry date by written notice to the Minister of Natural Resources. All construction must be completed by December 31, 2006, unless the Minister of the Environment extends the completion date by written notice to the Minister of Natural Resources.
  8. The Ministry of Natural Resources shall report to the Director of the Environmental Assessment and Approvals Branch (EAAB) of the Ministry of the Environment, in writing, at the conclusion of the ESR process for the campground, at the commencement of construction of the campground and related facilities listed in the description of the undertaking, and at the conclusion of construction of the campground and related facilities as to how the conditions of this order have been complied with. The Director of the EAAB shall place each report in the public records maintained for this Declaration Order under the Act.

Original signed by:
Minister of the Environment

Approved by O.C. number 770/2002
Environmental assessment file number: NR-SW-04