Notice of refusal – terms of reference

Proponent: Peat Resources Limited (PRL)
Environmental assessment file number: EA-02-05-03

As provided for by subsection 6.(4) of the Environmental Assessment Act, the Terms of Reference, as submitted for approval to the Ministry of the Environment on September 29, 2006 and revised through the submission of Terms of Reference dated December 12, 2006, to govern the preparation of an environmental assessment for the above-noted undertaking, is hereby refused.

Reasons

I am not satisfied that an environmental assessment prepared in accordance with the Terms of Reference will be consistent with the purpose of the Environmental Assessment Act and the public interest for the following reasons:

  • The ToR does not set out a clear and detailed planning process that will ensure the completed EA will be consistent with the purpose of the EAA and the public interest;
  • The ToR contains a number of inconsistencies, errors and omissions of key facts relating to the rationale for the project;
  • PRL has not addressed the technical concerns raised by the public and government review team;
  • Consultation on both the draft ToR and the revised ToR has been insufficient; and
  • The ToR does not ensure that an EA prepared in accordance with the ToR will contain a sufficient level of detail to accurately assess the environmental effects of all alternatives and the proposed undertaking.

Dated the 31st day of May 2007 at Toronto.

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