Impact Assessment Agency of Canada
160 Elgin St., 22nd floor
Ottawa, ON K1A 0H3
July 29, 2021
Geoff Kettel and Cathie Macdonald
Federation of North Toronto Residents’ Associations
1954 Yonge Street
Toronto ON M4S 1Z4
Dear Geoff Kettel and Cathie Macdonald:
The Honourable Jonathan Wilkinson, Minister of Environment and Climate Change, asked me to respond to your letter of June 24, 2021, concerning the Don Valley Train Layover Facility proposed by Metrolinx as part of the New Tracks and Facilities Project (the Project).
The Physical Activities Regulations (Regulations) identify the types of projects that are subject to the Impact Assessment Act (the IAA). These project types, as prescribed by the Regulations, have the greatest potential to cause effects in areas of federal jurisdiction. As proposed by Metrolinx, the Project is not described in the Regulations and is thus not subject to the IAA.
There is authority under subsection 9(1) of the IAA for the Minister of Environment and Climate Change to designate a project not captured by the Regulations, provided that it has not substantially begun or that no federal authority has exercised a power or performed a duty or function that has allowed the activity to be carried out. This authority to designate a project is exercised typically under exceptional circumstances – where the project has a high potential to cause adverse effects in areas of federal jurisdiction and where there are no other regulatory oversight mechanisms to address these effects.
Information regarding the designation process, including the types of effects in areas of federal jurisdiction, can be found here: https://www.canada.ca/en/impact-assessment-agency/services/policy- guidance/designating-project-impact-assessment-act.html
Thank you for sharing your concerns. Further questions regarding the IAA or the process for designation requests can be directed to Sean Carrière, Acting Director of the Ontario Regional Office, who can be reached by email at .ac.a1701431571danac1701431571@erei1701431571rraC.1701431571naeS1701431571
cc: The Honourable Chrystia Freeland, P.C., M.P., Minister of Finance
Julie Dabrusin, M.P.
Rob Oliphant, M.P.
Marci Ien, M.P.
Suze Morrison, M.P.P.
Peter Tabuns, M.P.P.