Declaration order

Having received a request from the Toronto Transit Commission (TTC) that an undertaking, namely:

the TTC Union Station Second Platform and Concourse Improvements Project

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

Having been advised by the TTC that if the undertaking is subject to the application of the Act, the following injury, damage or interference with the persons indicated will occur:

  1. TTC would be damaged and interfered with by the incurrence of undue costs associated with the additional time and expense that would be required to prepare a terms of reference and an individual environmental assessment and receive approval for the undertaking.
  2. A delay in construction will detain the urgent need to address increased capacity concerns of passengers during periods of peak use, impeding the safe and efficient movement of passengers through Union Station.

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 reasons:

  1. TTC has demonstrated to the satisfaction of this ministry that construction of the proposed Second Platform and Concourse Improvements will not have significant adverse environmental impacts, the expected environmental impacts are mainly construction related, are of relatively short duration and will be mitigated through the implementation of soil and groundwater management plans, traffic plans and noise, vibration and dust control measures;
  2. This undertaking has also received approval under the Canadian Environmental Assessment and Approvals Act, the federal review did not identify any outstanding issues;
  3. Notice of the proposal to issue this order has been placed on the Environmental Bill of Rights Environmental Registry and one comment has been received which has been considered in the preparation of this order;
  4. The public and local and provincial agencies have had the opportunity to review the proposal and provide comments, no outstanding concerns identified;
  5. A delay in construction will detain the urgent need to address increased capacity concerns of passengers during periods of peak use, impeding the safe and efficient movement of passengers through Union Station.

This Declaration 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. TTC shall obtain all necessary approvals including requirements under the Environmental Protection Act and the Ontario Water Resources Act, prior to construction.
  4. TTC shall develop and provide a copy of the following reports to the Supervisor, Air, Pesticides and Environmental Planning Section of the Ministry of the Environment’s Central Region Technical Support Section, prior to construction:
    • Noise and Vibration Study;
    • Environmental Site Investigation;
    • Soil and Groundwater Management Strategy; and
    • Construction Staging Plans.
  5. During construction of the project, the TTC shall mitigate environmental effects resulting from the construction activities by implementing the plans/studies outlined in Condition 4.

  6. TTC shall work with the Ministry of Culture to determine additional heritage stakeholder groups that need to be notified about the Declaration Order decision. TTC shall provide these stakeholders with opportunities to comment on this undertaking, and in turn, TTC will consider concerns raised and attempt to mitigate impacts and/or address issues identified. TTC shall continue to consult with all heritage stakeholders that have an interest with regard to the significant heritage values and attributes of Union Station.

    To fulfill this condition, TTC shall provide the Director of the Environmental Assessment and Approvals Branch of the Ministry of the Environment with a letter, prior to construction, demonstrating that the heritage stakeholder groups have been consulted, what issues were raised and what attempts were made to address these issues, which may include modifications to the proposed undertaking.

Dated the 25th day of November, 2004 at Toronto.

Original signed by:
Minister of the Environment

Approved by O.C. number: 2292/2004
Date O.C. approved: December 8, 2004
Environmental assessment file number: EA-04-06