Deloro Environmental Assessment

Substantive:
1. List of permits/laws applicable should be included The Fisheries and Oceans Canada has named itself a "probable" responsible authority, how will the requirements of its legislation be addressed during the current Environmental Assessment rather than in a future assessment? The requirements of this "probable" RA, and all other required authorization, should be addressed now rather than delaying the process later.

Procedural:
2. The Federal and Provincial governments should work together for a faster clean-up, (see below)

The Provincial government is required to perform an Environmental Assessment under the provincial Environmental Assessment Act:

The Minister of Environment (MOE) is the proponent of the Deloro Mine Site clean-up and thus the requirements of provincial legislation must be addressed. We are concerned that the requirements of the the Environmental Assessment Act will not be addressed until after the Federal Environmental Assessment is completed and thus unnecessarily delay the achievement of the end goal for the Deloro Mine Site, complete clean up of the radioactive and hazardous waste.

Relevant provisions of the Ontario EA Act:

5. (1) Every proponent who wishes to proceed with an undertaking shall apply to the Minister for approval to do so. 1996, c. 27, s. 3.

"undertaking" means, (a) an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity by or on behalf of Her Majesty in right of Ontario, by a public body or public bodies or by a municipality or municipalities

(2) The application consists of the proposed terms of reference submitted under subsection 6 (1) and the environmental assessment subsequently submitted under subsection 6.2 (1). 1996, c. 27, s. 3. 6.1 (1) The proponent shall prepare an environmental assessment for an undertaking in accordance with the approved terms of reference. 1996, c. 27, s. 3.

The Minister may declare that the EA Act is not applicable but must give public notice and have the approval of the Lieutenant Governor in Council:

Although this is a valid course of action open to the Minister we suggest that the requirement of section 3.1(1)(b) combined with a consideration of the EPA (see below) strongly suggests a provincial EA should be conducted in reference to the hazardous waste at the Deloro Mine site. Or the Provincial government should play a very active role in the current EA so that the issue of hazardous waste, for which the province has expertise, is fully addressed.

Relevant provisions of the EA Act:

3.1 (1) This section applies,
(a) if another jurisdiction imposes requirements with respect to an undertaking to which this Act applies; and
(b) if the Minister considers the requirements imposed by the other jurisdiction to be equivalent to the requirements imposed under this Act. 1996, c. 27, s. 2. [emphasis added]
(2) The Minister may by order vary or dispense with a requirement imposed under this Act with respect to the undertaking in order to facilitate the effective operation of the requirements of both jurisdictions. 1996, c. 27, s. 2. (
3) The Minister may by order declare that this Act does not apply with respect to the undertaking. 1996, c. 27, s. 2.
(4) When the Minister proposes to make an order under this section, the Minister shall give adequate public notice of the proposed order and shall ensure that members of the public have an opportunity to comment on it. 1996, c. 27, s. 2. [emphasis added]
(5) When making an order, the Minister shall give written reasons. 1996, c. 27, s. 2. [emphasis added]

3.2 (1) With the approval of the Lieutenant Governor in Council or of such ministers of the Crown as the Lieutenant Governor in Council may designate, the Minister may by order,
(a) declare that this Act, the regulations or a matter provided for under the Act does not apply with respect to a proponent, a class of proponents, an undertaking or a class of undertakings;
(b) suspend or revoke the declaration;
(c) impose conditions on the declaration; or
(d) amend or revoke conditions imposed on the declaration, if the Minister considers that it is in the public interest to do so having regard to the purpose of this Act and weighing it against the injury, damage or interference that might be caused to any person or property by the application of this Act to the undertaking or class. 1996, c. 27, s. 2.

The Environmental Protection Act indicates the importance of a thorough examination of the hazardous waste at the Deloro Mine Site: Section 30 of the EPA requires that any waste disposal site containing hazardous waste receive maximum public participation and scrutiny by referral to a Tribunal hearing. Regulation O. Reg 206/97 exempts undertakings of the provincial government from the requirements of s.30 but the rationale for this is to avoid duplication in process, therefore if an EA is not performed under the Ontario Environmental Assessment Act the intent of the legislators is circumvented.

Relevant provision of the EPA:

30. (1) Where the Director receives an application for a certificate of approval for the use, operation, establishment, alteration, enlargement or extension of a waste disposal site for... hazardous waste as designated in the regulations... the Director shall, before issuing or refusing to issue the certificate of approval, require the Tribunal, by a notice in writing, to hold a hearing. R.S.O. 1990, c. E.19, s. 30 (1); 2000, c. 26, Sched. F, s. 12 (12).

"waste disposal site" means, (a) any land upon, into, in or through which, or buidling or structure in which, waste is deposited, disposed of, handled, stored, transferred, treated or processed

O. Reg 206/97:

1. A waste disposal site or waste management system is exempt from sections 30 and 32 of the Environmental Protection Act if it is or forms part of an undertaking that,
(a) is subject to section 5 of the Environmental Assessment Act; or
(b) is exempt from section 5 of the Environmental Assessment Act under section 15.1 of that Act A cooperative Environmental Assessment between the Federal and Provincial governments is amenable to the provisions of the Canadian Environmental Assessment Act (CEAA):

12.(4) Where a screening or comprehensive study of a project is to be conducted and a jurisdiction has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part thereof, the responsible authority may cooperate with that jurisdiction respecting the environmental assessment of the project.

Definition of "jurisdiction"

(5) In this section, "jurisdiction" means
(a) the government of a province;

See also section 40(2) for joint review panels.