Environmental Assessment Act
Loi sur les évaluations environnementales
ONTARIO REGULATION 9/96
EXEMPTION — SENECA AT YORK — MCU-08
Historical version for theperiod January 18, 1996 to December 1, 2009.
No amendments.
This Regulation is made in English only.
Having received a request from Seneca College, a public body reporting to the Minister of Education and Training, that an undertaking, namely:
the proposal to establish and operate a permanent college on the York University campus,
be exempt from the application of the Act pursuant to section 29; and
Having been advised 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:
Seneca College at York University will be subject to delay with the result that Seneca will have to continue to lease facilities without funding from the Ministry of Education and Training and will not meet the educational and training needs of residents within the west-of-Yonge area.
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 order and orders that the undertaking is exempt from the application of the Act for the following reasons:
A.The proponent, Seneca College, has carried out public consultation with west-of-Yonge area residents, community leaders, municipal and provincial politicians and Seneca College internal stakeholders.
B.The proponent has carried out pre-submission consultation with the Ministry of Environment and Energy and the background report was circulated to appropriate ministries, agencies and local municipalities for comment.
C.The requirements of the Planning Act and site plan process will adequately address environmental concerns. This process consists of a review of development issues of local and provincial scope and interest, as well as potential sources of environmental (natural, social, cultural, economic and technical) impact.
D.The development of Seneca College at York University will have positive effects on the surrounding residential communities and will provide educational and training opportunities for these residents.
E.Copies of documents related to the foregoing reasons may be found in the Public Record files maintained under section 30 of the Environmental Assessment Act.
This exemption is subject to the following terms and conditions:
1.Where any activity which otherwise would be exempt under this order 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 or 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 an exemption order under the Act, the activity exempt under this order shall be carried out in accordance with any terms or conditions in the other exemption order as well as the conditions in this order.
3.The proponent shall abide by the commitments which have been made to the agency reviewers, as outlined in the September, 1995 final report, entitled: Request Pursuant to Section 29 of the Environmental Assessment Act – Seneca College at York University – Background Information.
4.This Exemption expires the later of,
(a)two years from the date of its approval; and
(b)such later date specified from time to time by notice in writing published in The Ontario Gazette. O.Reg. 9/96.
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