MOE 41/2ORDER MADE UNDER THE

ENWRONMENTALASSESSMENTACT

Declaration - Ministryof the Environment

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

activities related to clean-up and/or remedial work being carried out by the Ministry of theEnvironment as a result of:

(a) an instruction, approval or order being issued under the Environmental ProtectionAct, Ontario Water Resources Act, Pesticides Act, Safe Drinking Water Act,2002, or Nutrient Management Act, 2002, requiring the work be done and it is notbeing done by the person required to do it, or

(b) the Ministry of the Environment determining it is necessary to do the work underthis declaration order;

and those aCtivitiesare necessary because of an immediate risk of:(i) danger to the health or safety of any person;

(ii) impairment or serious risk of impairment of the quality of the naturalenvironment for any use that can be made of it; or

(Hi) injury or damage or serious risk of injury or damage to any property or toany plant or animal life.

be declared not subject to the Environmental Assessment Act (the Act) and its regulations,pursuant to section 3.2; and

Having been advised by the Ministry of the Environment that if the undertaking is subject to theapplication of the Act, the following injury, damage or interference with the persons and propertyindicated will occur:

A. The Declaration Order applies to situations which present an immediate risk of danger tothe health of safety of any person, impairment of the natural environment, or injury ordamage to property, or to any plant or animal life.

B. The time required to prepare environmental assessments and seek approval under theAct would significantly delay the implementation of the undertaking, therebyexacerbating the risk of damage to the health or safety of any person, impairment of thenatural environment, or injury or damage to property, or to any plant or animal life.

Having weighed such injury, damage, or interference against the betterment of the people of thewhole or any part of Ontario by the protection, conservation and wise management in Ontario ofthe environment which would result from the undertaking being subject to the application of theAct;

The undersigned is of the opinion that it is in the public interest to declare and declares that theundertaking is not subject to the application of the Act for the following reason(s):

A. The activities involved in the undertaking will result in minimizing the potential for theinjury and damage which are stated above.

B. The various instructions, approvals and orders which may be issued under theEnvironmental Protection Act, Ontario Water Resources Act, Pesticides Act, SafeDrinking WaterAct, 2002, and the Nutrient Management Act, 2002, will, whereappropriate, include conditions requiring these activities to be being carried out in a safemanner.

This Declaration Order is subject to the following terms and conditions:

1. Where the undertaking, which is being carried out under this Declaration Order, is thesubject of another Declaration Order, or is an undertaking that has been approved underthe Act, the undertaking shall be subject to the terms and conditions of this DeclarationOrder, and any other terms or conditions of the other Declaration Order or approval shallnot apply.

2. The Director of the appropriate Regional Office of the Ministry of the Environment shallprovide notice, to any potentially affected local communities, property owners andmunicipalities, of the activities carried out by the Ministry of the Environment as part ofany clean-up and/or remedial work and which is carried out in reliance on thisDeclaration Order, as soon as possible. In addition the Director shall prepare a reportdescribing the activities. This report shall be filed with the Director of the EnvironmentalAssessment and Approvals Branch of the Ministry of the Environment within 30 days ofthe completion of the activities, and the Director of the Environmental Assessment andApprovals Branch shall provide notification of the activities to the general public.

3. A review of the Declaration Order shall be undertaken by the Ministry of the Environmentevery five years from the date of this approval in order to review its implementation. TheMinistry of the Environment will provide, by letter, to the Director of the EnvironmentalAssessment and Approvals Branch, the results of the review. This review will include asummary of the activities undertaken according to the Declaration Order, a summary ofany issues that arose during the review period, and a detailed account of how the issueswill be addressed, for review by the Director of the Environmental Assessment andApprovals Branch. The review may also include recommendations for amendments tothis Declaration Order.

4. This order will be published in The Ontario Gazette.

This Declaration Order comes into force on December 10, 2005 and replaces the exemptioncontained in Ontario Regulation 753/92 which addressed the same activities.

Laurel BrotenMinister of the Environment

Approved by O.C. No. 1914 /2005[)cc. 7 12-005

Environmental Assessment & Approvals Branch Contact: Terri RogersTelephone No.: 416-314-7225EA File No.: EN-AA-04

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