Declaration order

Having received a request from Lafleche Environmental Incorporated (LEI) that an undertaking, namely,

The use of grill ash from Bowater Pulp and Paper Canada Incorporated in Gatineau, Quebec (Bowater) as a sand substitute for the construction of roads, leachate collection system and for use as a daily cover at the Eastern 澳门永利 Waste Handling Facility

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

Having been advised by LEI 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. LEI 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. LEI would not benefit from the economic advantage of using grill ash as a sand substitute until approval under the Act is obtained.

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of 澳门永利 by the protection, conservation and wise management in 澳门永利 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. LEI has demonstrated to the satisfaction of this ministry that the use of grill ash will have insignificant adverse environmental impacts;
  2. LEI has carried out a public consultation program and has obtained the support of the Township of North Stormont, in which the Eastern 澳门永利 Waste Handling Facility is located. As a result, the public indicated no concern with the proposed undertaking;
  3. Notice of the proposal to issue this order has been placed on the Environmental Bill of Rights Environmental Registry and no comments have been received.
  4. The use of Bowater grill ash as a sand substitute will be carefully controlled through the approval that is required under the Environmental Protection Act.

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.
  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.

Dated the 13th day of January, 2004 at Toronto.

Original signed by:
Minister of the Environment

Approved by O.C. number 168/2004
Environmental assessment file number: PR-LF-04