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Staff Report
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Report To: General Government Committee
Date of Meeting: September 23, 2019
Submitted By: Andrew C. Allison, CAO
File Number:
Report Subject: Cedar Crest Beach Update
Recommendation:
1. That Report CAO-010-19 be received;
Report Number: CAO-010-19
By-law Number:
Resolution#: GG-427-19, C-178-20, C-180-20
2. That up to $30,000 be allocated from the Tax Rate Stabilization Reserve Fund for the
completion of a Cedar Crest Beach Erosion/Property Loss Study, and the consulting
assignment be sole sourced to Zuzek Inc.;
3. That Staff report back to Council with the results of the study, once completed; and
4. That all interested parties listed for Report CAO-010-19, including all landowners in the
Port Darlington (west shore) reach and any delegations, be advised of Council's
decision.
Page118
Municipality of Clarington
Report CAO-010-19
Report Overview
Page 2
The Cedar Crest Beach Road portion of the Port Darlington (west shore) reach has
experienced flooding in 2017 and again in 2019. Prior to this flooding the residents
approached the Municipality seeking a solution to address shoreline erosion. This report
responds to Resolution #C-275-19 passed by Council on July 3, 2019 which dealt with of
aspects of these issues.
1. Background
1.1. Report CAO-006-19 dated June 17, 2019 outlines the history and background of the
actions that have been taken over the past 3 years by the Central Lake Ontario
Conservation Authority (CLOCA) and the Municipality with regard to the multiple natural
hazards present in the Port Darlington (west shore) reach of Lake Ontario shoreline.
These include lake flooding, erosion and dynamic beach, and riverine flood hazard from
the adjacent Westside Creek, Bowmanville/Soper Creek and marsh systems. The
specific area of study has been the Port Darlington (west shore) reach of the lakefront;
1800 metres from St. Marys to the piers at Bowmanville Creek.
1.2. Resolution #C-275-19 passed by Council on July 2, 2019 reads as follows:
That the Municipality request CLOCA to finalize its reports taking into consideration
Municipal comments included in Report CAO-006-19 and including a summary of
public comments provided on the Draft Proposed Port Darlington (West Shore)
Shoreline Management Report and supporting studies, -
That Clarington Staff provide a report to Council on the quantum of waterfront
property and public beach that have been lost along Cedar Crest Beach Road since
the St. Marys / Votorantim dock expansion took place due to erosion and all other
environmental factors and report back to Committee in September 2019;
That Clarington Staff, including (but not limited to) Emergency & Fire Services and
Operations, provide a report detailing all the costs of the municipal response to the
Cedar Crest Beach Road residents with respect to flooding, including an estimate of
staff time, from April 2017 to present date, -
That the Municipality of Clarington in concert with CLOCA, through the CAO's Office,
the Mayor's Office and the Engineering Department, shall enter into urgent
negotiations with Votorantim, other government agencies and the Provincial and
Federal Government, to explore all funding options for implementation of the Baird
Report Option 3 or other effective engineering solutions to the starvation and erosion
at Cedar Crest Beach Road;
Municipality of Clarington
Report CAO-010-19
Page 3
That the options of raising the road or constructing a flood mitigation berm as
referenced in Report CAO-006-19 be pursued in conjunction with shoreline erosion
works and that CLOCA be approached as a funding partner;
That Council's decision be forwarded to CLOCA, the Regional Municipality of
Durham, local MPPs and MPs, the Federal Minister of the Environment and Climate
Change, Provincial Minister of Natural Resources and Forestry, and the Minister of
Environment, Conservation and Parks; and
That all interested parties listed in Report CAO-006-19, including all landowners in
the Port Darlington (west chore) reach and any delegations, be advised of Council's
decision.
1.3. This report addresses all of the above resolutions. The fifth resolution does not require
any action at this time. Notification to local MPPs and MPs, federal and provincial
Ministers, other agencies and interested parties (the sixth and seventh resolutions) has
occurred.
2. Finalization of CLOCA Reports
2.1. The first resolution in #C-275-19 reads as follows:
That the Municipality request CLOCA to finalize its reports taking into
consideration Municipal comments included in Report CAO-006-19 and including
a summary of public comments provided on the Draft Proposed Port Darlington
(West Shore) Shoreline Management Report and supporting studies,
2.2. Staff at CLOCA have contacted the consultants for this work and asked them to finalize
their reports taking into consideration all municipal comments. The consultants advised
CLOCA that due to their vacation and other work commitments, they will not be able to
finalize the reports until mid -late September.
2.3. CLOCA staff also advised us that their Board will be receiving a report on September
17, 2019 addressing Lake Ontario water levels.
3. Quantum of waterfront property and public beach lost along
Cedar Crest Beach Road
3.1. The second resolution in #C-275-19 reads as follows:
That Clarington Staff provide a report to Council on the quantum of waterfront
property and public beach that have been lost along Cedar Crest Beach Road
Municipality of Clarington
Report CAO-010-19
Page 4
since the St. Marys / Votorantim dock expansion took place due to erosion and all
other environmental factors and report back to Committee in September 2019;
3.2. Staff are not qualified to carry out the analysis required to determine the quantum of
waterfront property and public beach that have been lost along Cedar Crest Beach
Road due to erosion and other environmental factors. A work plan was therefore
prepared with input from CLOCA (Attachment 1) and provided to the consultant (Zuzek
Inc.) preparing an update to the Lake Ontario Shoreline Management Plan to obtain a
budget for the work.
3.3. The Lake Ontario Shoreline Management Plan Update is a collaborative undertaking
initiated in September 2018 to update the Sandwell Swan Wooster Inc. December 1990
report ("the Sandwell Report"). This coastal engineering study was originally prepared
in 1990 for the Central Lake Ontario, Ganaraska Region (GRCA) and Lower Trent
Conservation Authorities. It provided shoreline management direction for each
authority's respective Lake Ontario shoreline area, extending approximately 135 km
along the north shore of Lake Ontario. The Sandwell Report included the definition of
flood and erosion limits for the shoreline within the boundaries of the three Conservation
Authorities and land use considerations that inform development requirements (e.g.
setback requirements, Regulatory Shoreline Area) today. The update of the Sandwell
Report was jointly initiated by CLOCA, GRCA and Lower Trent Conservation Authority.
Funding for the study was provided by the National Disaster Mitigation Program. Staff
are participating on the project steering committee.
3.4. The consultant, Zuzek Inc., is in the process of analyzing at a regional scale (Ajax to
Trent River) the flood and erosion limits along the shoreline area. The Municipality and
CLOCA could ask this consultant to undertake the task of determining the quantum of
public beach that may have been lost as an addition to the regional scale work they are
engaged in. They are familiar with the background and overall shoreline context, and
have already undertaken significant background data review for the area. Staff do not
have the expertise to carry out this analysis in-house.
3.5. To carry out a fulsome analysis, CLOCA and the Municipality would provide the
necessary historical aerial photographs to calculate shore change rates from 1954 to
2018. With regard to littoral barriers, a request has been submitted to St. Marys /
Votorantim for the history of dock construction and lakefilling, plus any on -going
shoreline monitoring reports. The same request has been made of OPG for the
Darlington Nuclear Generating Station lakefilling. At this time, staff have not received a
response to these requests. With regard to the Bowmanville Piers, Small Craft
Harbours do not have any construction drawings. These piers have been in place in the
same general location since at least 1878. The piers are shown in the Northumberland
and Durham Historical Atlas (Attachment 2). The Port Darlington Harbour Company
Municipality of Clarington
Report CAO-010-19
Page 5
was incorporated in 1837 and began construction in 1839; however, the piers are
owned and maintained by the Federal Government.
3.6. Staff are recommending that Zuzek Inc., the consultant for the Lake Ontario Shoreline
Management Plan Update, be requested to carry out the site specific analysis
requested by Council. It is estimated that this work can be carried out for less than
$30,000. As this project was not identified in the 2019 capital budget, staff are seeking
Council authorization to fund the consulting work from the Tax Rate Stabilization Fund.
There are no monies remaining in the Bowmanville Marsh Reserve Fund. That fund
was depleted completing the reports described in section 2 above.
3.7. If approved by Council, the consultant will be asked to work under the direction of the
Municipality to provide a technical report summarizing the analysis and findings and
make a presentation of its findings to Council near the end of the study. It is estimated
that it will take approximately two months to complete the work if it is sole sourced to
Zuzek Inc. If Council would like an open proposal call, additional time will be required.
3.8. Municipal and CLOCA staff have reviewed the aerials available and the ownership
records for the Cedar Crest Beach area. The assertion from delegations made to
Council has been that a public beach has been lost over time. Historically, while
ownership was privately held, the availability of the lands along the shoreline to the
general public was more common and welcome by the cottagers. From a review of
aerial photographs from 1954, 1971, 1978, 1989, 1999, 2008 and 2018, it does not
appear as though the Municipality has lost a "public asset" in the form of a beach in
front of the homes (former cottages) along Cedar Crest Beach Road. These aerials
appear to demonstrate that while the water levels have varied over time, the amount of
"beach" available for public enjoyment has been and is very limited in the Cedar Crest
Beach Road area (Attachment 3). It is the West Beach which has historically been the
focus for citizens seeking respite from the heat of the summer. However, as
demonstrated on Attachment 4, the public ownership today is much greater than it has
been historically. The public ownership is of the marsh system and along West Beach
Road for the most part.
4. Costs of the Municipal Response to Flooding
4.1. The third resolution in #C-275-19 reads as follows:
That Clarington Staff, including (but not limited to) Emergency & Fire Services
and Operations, provide a report detailing all the costs of the municipal response
to the Cedar Crest Beach Road residents with respect to flooding, including an
estimate of staff time, from April 2017 to present date,
Municipality of Clarington
Report CAO-010-19
Page 6
4.2. Municipal staff have provided operational responses to address the high water levels on
Lake Ontario, wave uprush and at times riverine flooding from Westside Creek. The
cost of these responses since 2017 is as follows:
2017
Emergency & Fire Services $152,326.94
Operations $178,720.69
$331,047.63
2018
Emergency & Fire Services $1,637.14
Operations $39,772.69
$41,409.83
2019 (as of time of this Report)
Emergency & Fire Services $4,512.04
Operations $135,176.55
$139,668.59
Total: $512,126.05
4.3. The total since 2017 is approximately $512,000. This amount does not include any
non-affiliated staffing costs for Emergency & Fire Services and Operations, any regular
hours of affiliated Fire Services employees, or staff time for work required of other
Departments (e.g. Planning Services and Engineering Services on reports, studies,
estimates, DMAF applications). It is conservatively estimated that over 500 hours of
Municipal staff time that is not included in the $512,000 figure above has been spent
responding to issues impacting Cedar Crest Beach Road residents.
4.4. The $512,000 figure does not include the amount drawn from the Bowmanville Marsh
Reserve Fund ($49,795) and used to complete the reports described in section 2.2
above.
5. Funding Options
Resolution #C-275-19
5.1. The fourth resolution in #C-275-19 reads as follows:
That the Municipality of Clarington in concert with CLOCA, through the CAO's
Office, the Mayor's Office and the Engineering Department, shall enter into
urgent negotiations with Votorantim, other government agencies and the
Provincial and Federal Government, to explore all funding options for
Municipality of Clarington Page 7
Report CAO-010-19
implementation of the Baird Report Option 3 or other effective engineering
solutions to the starvation and erosion at Cedar Crest Beach Road;
5.2. The Mayor's Office contacted Votorantim, CLOCA, Lindsey Park (MPP Durham) and
Erin O'Toole (MP Durham) to request meetings to explore funding options.
Votorantim
5.3. The Mayor has had informal discussions with Ruben Plaza from Votorantim, and a
formal meeting with representatives from Votorantim is scheduled for October 22, 2019.
CLOCA
5.4. The Mayor and Municipal Staff met with staff from CLOCA on September 3, 2019.
Municipal staff have met with CLOCA staff on several other occasions over the summer
months to discuss funding options. CLOCA concurs with the comments later in this
section of the report regarding funding.
Provincial Government
5.5. In response to the Mayor's request for a meeting, Lindsey Park, MPP Durham arranged
for the Municipality to meet with Doug McNeil, Ontario's Special Advisor on Flooding.
Mr. McNeil was named Special Advisor by John Yakabuski, Minister of Natural
Resources and Forestry, and Dr. Merrilee Fullerton, Minister of Long -Term Care, on
July 18, 2019. Mr. McNeil's mandate is to "assess current roles and responsibilities of
governments, agencies and organizations involved in flood management, including
opportunities for improvement; review feedback received; identify focused
recommendations; and ensure all recommendations are consistent with the province's
ability to implement them." It is anticipated that Mr. McNeil will deliver his report to the
Ministers this fall.
5.6. On September 12, 2019, MPP Park and the CAO met with Mr. McNeil and several of his
advisors. There was a full exchange of information. Mr. McNeil was briefed by MPP
Park and the CAO respecting many of the issues facing the residents of Cedar Crest
Beach Road. Issues respecting both shoreline erosion and flooding were discussed.
The focus of much of the discussion was working together to address resident
concerns. The challenges that the Municipality is facing with respect to funding any
proposed infrastructure were also discussed. MPP Park suggested to Mr. McNeil that
municipalities throughout Ontario could benefit from seeing how Clarington responded
to flooding in our community (particularly in 2017).
5.7. On the same day that MPP Park and the CAO met with Mr. McNeil, representatives of
the Great Lakes St. Lawrence Collaborative were part of a conference call with Mr.
McNeil. Perry Sisson from CLOCA and Ron Albright from Engineering Services were
Municipality of Clarington
Report CAO-010-19
Page 8
on that call. As part of that discussion, Mr. McNeil was also apprised of the challenges
facing our community.
Federal Government
5.8. The Honourable Catherine McKenna, Federal Minister of Environment and Climate
Change, responded to Resolution #C-275-19 by letter dated August 29, 2019
(Attachment 5).
5.9. Erin O'Toole, MP Durham responded to the Mayor's request for a meeting in a letter
dated September 3, 2019 (Attachment 6). He offered to participate in a working group.
With the concurrence of all who were participating in the working group that was
established in 2017, the working group ceased meeting earlier this year.
PDCA
5.10. As noted in Report CAO-006-19, a direct funding request was made by the Port
Darlington Community Association (PDCA) in a letter dated April 5, 2019 to the Federal
Minister of Environment and Climate Change and the Provincial Minister of
Environment, Conservation and Parks. At the time of that report, staff were not aware
of any responses to the PDCA letter.
5.11. PDCA did receive a response from the office of the provincial Minister of Environment,
Conservation and Parks (at the time, the Honourable Rod Phillips) advising that the
matter fell under the authority of the Honourable John Yakabuski, Minister of Natural
Resources and Forestry. Minister Yakabuski subsequently responded on June 20, 2019
saying that "the Ministry of Natural Resources and Forestry does not have any program
to assist with the cost of repairs to the residents' shoreline properties. However, we can
assist landowners by providing advice on the provincial regulatory process involved in
carrying out shoreline repairs and/or protection measures, and by issuing permits for
proposed works if landowners decide to proceed." He recommended "that landowners
also contact their local municipality to explore whether they have funding programs to
assist with shoreline repairs or protection measures". Finally, he shared the letter "with
the Honourable Steve Clark, Minister of Municipal Affairs and Housing, for
consideration, as his ministry might have further suggestions for residents." As far as
staff are aware, there has been no follow up response from Minister Clark.
5.12. By letter dated July 19, 2019, The Honourable Catherine McKenna, Federal Minister of
Environment and Climate Change, responded saying that "the Province of Ontario has
the primary jurisdiction over areas of shoreline management that do not include effects
across international boundaries, and it also works with conservation authorities on
issues such as erosion and shoreline management" and that she would forward the
PDCA letter to The Honourable Francois -Philippe Champagne, the Federal Minister of
Municipality of Clarington Page 9
Report CAO-010-19
Infrastructure and Communities because of the request for "support for an infrastructure
erosion control option."
5.13. By letter dated August 15, 2019, The Honourable Francois -Philippe Champagne, the
Federal Minister of Infrastructure and Communities (Attachment 7), responded saying
that "[p]rojects for erosion control may be eligible under the Government of Canada's
Disaster Mitigation and Adaptation Fund, which is a 10-year, $2-billion national program
designed to help communities better withstand current and future risks related to natural
hazards." As noted in the memo from the Acting Director of Planning Services dated
July 30, 2019 (Attachment 8), CLOCA applied to the Disaster Mitigation and Adaptation
Fund (DMAF) during the first round of intake in July 2018. For reasons set out in that
memo, staff did not submit an application within the expedited timeframe for the second
intake of the DMAF program.
5.14. Minister Champagne also referred in her letter to the Investing in Canada Plan. This is
the Federal strategy to renew public infrastructure nationally and help support new
infrastructure needs. Starting with an initial commitment in the 2016 Federal budget,
the strategy commits to more than $180 billion of infrastructure investment over a 12-
year period. Funding delivery occurs through targeted funding programs (e.g. DMAF),
the Federal Gas Tax, other specific initiatives that aim to drive innovation (e.g. Smart
Cities Challenge), and bilateral agreements.
5.15. In Ontario, the Canada — Ontario Infrastructure Bilateral Agreement dedicates
approximately $11.8 billion for infrastructure spending in the province. Generally, the
funding share apportionment for programs implemented through bilateral agreements is
40 percent Federal, 33 percent Provincial and 27 percent Municipal. The province is
responsible for designing and launching competitive application -based processes for
the following four Investing in Canada Plan investment areas:
Communities, Recreational and Cultural Infrastructure
Green Infrastructure
Rural and Northern Communities
Public Transit
5.16. Application intake periods and program guidelines, including eligibility criteria, have
been made available for all funding streams with the exception of Green
Infrastructure. Based on the Investing in Canada Plan objectives and funding
parameters set out for other streams, staff anticipate that the Municipality will likely not
be able to demonstrate that the investment in shoreline protection along Cedar Crest
Beach will accrue the level of priority and accrued public benefit that is necessary for an
application to be successful.
Municipality of Clarington
Report CAO-010-19
Class EA
Page 10
5.17. Any remedial work, however funded, will be an undertaking that will require several
different regulatory approvals, including an environmental assessment. Staff's
understanding is that Option 3 of the Baird report, if undertaken, would follow a process
like that shown in Attachment 9 which was a Lake Ontario shoreline project where the
Toronto and Region Conservation Authority was the proponent. Staff have not sought
to confirm all the regulatory approvals that would be required for any of the potential
undertakings identified in the Baird report because of the absence of project funding.
Funding Conclusion
5.18. The bottom line in terms of funding requests is that staff have not identified a clear path
towards any public monies being available to fund the infrastructure improvements
identified as Option 3 in the Baird Report.
5.19. In the absence of land acquisition and taking into consideration the questions raised in
CAO-006-19 respecting the assumption of public beach amenity and public ownership,
it is the opinion of staff that a revised Expression of Interest for the next DMAF intake
cycle would likely not be successful. The full DMAF application is subject to screening
criteria. Amongst these is the demonstration of a Return on Investment higher than 2:1,
meaning that for every dollar spent under DMAF at least two dollars are anticipated to
be saved in future natural disaster loss.
5.20. Should adequate public benefit be demonstrated to support a revised DMAF
application, funding partnerships will continue to be necessary. The maximum
contribution of funding provided by the Federal Government for approved DMAF
projects is 40% of total eligible project expenditures. This leaves a significant project
funding shortfall for the implementation of Baird Report Option 3 ($9.6 million of capital
funding plus 100% of all costs associated with permitting, planning, public consultation
and design).
6. Concurrence
This report has been reviewed by the Director of Engineering Services, Acting Director
of Planning Services, Director of Operations, Fire Chief and Director of Finance who
concur with the recommendations.
Municipality of Clarington
Report CAO-010-19
7. Conclusion
Page 11
7.1. Given that staff are not qualified to carry out the analysis required to determine the
quantum of waterfront property and public beach that may have been lost along Cedar
Crest Beach Road, it is recommended that $30,000 be approved from the Tax Rate
Stabilization Fund to cover the consulting fees for this work.
Staff Contact: Andrew Allison, CAO, 905-623-3379 Ext. 2002 or aallison(a)_clarington.net; Faye
Langmaid, Acting Director of Planning Services, 905-623-3379 Ext. 2407 or
fangmaid clarington.net; Ron Albright, Assistant Director of Engineering Services, 905-623-
3379 Ext. 2305 or ralbrig ht _clarington.net; Amy Burke, Acting Manager — Special Projects,
Planning Services, 905-623-3379 Ext. 2423 or aburke@clarington.net
Attachments:
Attachment 1
— Workplan for Shoreline
Attachment 2
— Map from 1878 Historic Atlas of Northumberland and Durham Counties
Attachment 3
— Aerials of the Port Darlington (west shore) reach through the decades
Attachment 4
— Public ownership of lands and when they were acquired
Attachment 5
— Letter dated August 29, 2019 from Honourable Catherine McKenna, Federal
Minister of Environment and Climate Change
Attachment 6
— Letter dated September 3, 2019 from Erin O'Toole, MP Durham
Attachment 7
— Letter dated August 15, 2019 from The Honourable Francois -Philippe
Champagne, Federal Minister of Infrastructure and Communities
Attachment 8
— Memo dated July 30, 2019 regarding DMAF
Attachment 9
— Planning and Approvals Process
Interested Parties:
List of Interested Parties available from Department.
Attachment 1 to
Report CAO-010-19
Project outline: Cedar Crest Beach Erosion
Purpose:
Cedar Crest Beach is a dynamic beach system that formed along the Lake Ontario
shoreline, creating a barrier beach and coastal wetland environment. Development
began to occur on the beach during the 1920's as the site became popular as a summer
vacation area, and has continued to present times with increasing development intensity
and value. Flooding and erosion are concerns for developments on the Beach, and has
been the subject of recent studies. Most recently, the Municipality of Clarington gave the
following direction to staff:
"...report to Council on the quantum of waterfront property and public beach that have
been lost along Cedar Crest Beach Road since the St Marys. Votorantim dock
expansion took place due to erosion and all other environmental factors. (excerpt from
Clarington council resolution #C-275-19; July 2019)
A report is requested that will explore historical and current erosion processes affecting
Cedar Crest Beach, and connections to historical development and environmental
factors.
History/Background:
Provide a discussion of how the Cedar Crest Beach barrier dynamic beach was formed
prior to development and settlement on the beach and the natural unimpaired
function/morphology of a barrier dynamic beach.
The state of the shoreline through recent times can be tracked through aerial
photography available through all decades from present times through the 1950's.
Observation and measurements of the shoreline should be paired with:
• Historical Lake Ontario water level data, especially looking at low water years
and high water years.
• Development on the Beach and in the adjacent shoreline communities including
but not limited to:
o Cottage and home development on the Beach
o St Marys pier creation and pier expansion
o Shoreline hardening and shoreline alteration within the littoral cell for the
Cedar Crest Beach (ie: private shoreline protection works, Ontario Power
generation works, etc.)
Analysis:
Analyse wave action, current, and sediment transport using models and calculations, to
gain an understanding of sediment movement including sources and sinks. Establish a
littoral cell for sediment movement for the Cedar Crest Beach.
Attachment 1 to
Report CAO-010-19
Analyse historical aerial photography to document bluff and beach recession. For each
period of time, determine:
• Rate of erosion
• Change in development intensity on the Beach
• Developments within the littoral cell including shoreline development, shoreline
armouring (percent of shoreline armoured), and Lake fill/pier development
• Lake Ontario water levels
Report:
Summarize the analysis with a report that includes discussion of natural sediment
movement in relation to Cedar Crest Beach barrier dynamic beach. Comment on the
erosion rates at Cedar Crest Beach and adjacent bluffs in comparison with similar areas
of the Great Lakes shoreline.
Comment on the quantum of waterfront property and public beach that have been lost
along Cedar Crest Beach Road since the St Mary's/Votorantim dock expansion took
place due to erosion and all other environmental factors.
Discuss developments that have occurred within the study area and the consequences
of the developments with respect to shoreline erosion and the function and morphology
of the barrier dynamic beach.
Discuss the relationship between shoreline armouring, shore walls, and dynamic
beaches in general, and specific to Cedar Crest Beach.
Discuss the role of Lake Ontario water level regulation on shoreline erosion and
sediment movement, commenting on pre -regulation, Plan 58DD, and Plan 2014.
Discuss the predicted impact of Climate Change on dynamic beaches shoreline erosion
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Ministre de I'Environnement et f;� Minister of Environment
du Changement climatique , and Climate Change
Otlawa, Canada K1A OH3
AUG 2 9 2019
Ms. C. Anne Greentree
Municipal Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville ON L1 C 3A6
Dear Ms. Greentree:
Thank you for your correspondence of July 8, 2019, providing me with
information on Clarington Municipal Council's Resolution #C-275-19 regarding
financial and operational concerns following the Ottawa River flooding in the
Municipality of Clarington, specifically with respect to Cedar Crest Beach Road.
The Government of Canada considers these issues important. Please be
assured that the input of Canadians is taken into consideration in the
development of federal policies and initiatives regarding the environment.
Environment and Climate Change Canada's Meteorological Service of Canada
provides water and weather information, and works in collaboration with its
provincial and territorial partners to provide water level and flow data. This
includes real-time water level data to support provincial and territorial water
management and flood response measures. As you are no doubt aware, multiple
levels of government have key roles and responsibilities with respect to water
levels and water flows in Canada.
The provinces and territories have the primary responsibility for most areas of
water management and protection, while municipalities and local agencies
typically provide drinking water and wastewater services. Local Conservation
Authorities, under the jurisdiction of Ontario's Conservation Authorities Act,
protect and regulate important environmentally sensitive areas such as
floodplains, wetlands, shorelines and waterways. For more information, visit
Conservation Ontario at https://conservationonterio.ce. The Ottawa River
Regulation Planning Board manages the principal reservoirs of the Ottawa River
§
Basin to provide protection against flooding along the River and its tributaries.
Further details are available at www.ottawariver.ca.
Environment and Climate Change Canada has engaged federal and provincial
8
partners, and continues to discuss a path forward that is acceptable for all
jurisdictions and organizations responsible for the integrated planning and
management of the Ottawa River Basin.
-'
.../2
Canada
-2-
As for financial assistance, the Government of Ontario is responsible for
shoreline hazard protection, shoreline management, and disaster recovery.
Information on Disaster Recovery Assistance for Ontarians, managed through
the province's Ministry of Municipal Affairs and Housing, is available at
www.mah.gov.on.ca/Pagel3760.aspx. You may also wish to share the
Clarington Municipal Council's Resolution #C-275-19 with Ontario's Minister of
Municipal Affairs and Housing, the Honourable Steve Clark, at College Park,
777 Bay Street, 17th Floor, Toronto ON M5G 2E5, or minister. mah@onterio.ca.
Please note that Public Safety Canada administers eligibility for federal funding
under the Disaster Financial Assistance Arrangements, which is only available
via provincial request.
Environment and Climate Change Canada will continue to encourage local and
regional governments to prepare for a full range of water levels in all planning,
design and permitting actions. For more information on federal actions to protect
the environment, please visit www.ec.gc.ca.
I trust that this information is helpful. Please accept my best regards.
Sincerely,
The Honourable Catherine McKenna, P.C., M.P.
c.c.: The Honourable Erin O'Toole, P.C., M.P.
HOUSE OF COMMONS
CHAMBRE DES COMMUNES
CANADA
Ottawa
Room 321
East Block
Ottawa, Ontario
Tel.: 613-992-2792
Fax: 613-992-2794
Constituency
54 King Street East
Suite 103
Bowmanville, Ontario
MC 11,13
Tel.: 905-697-1699
Fax: 905-697-1678
Ottawa
Pike 321
9difice de 1'Est
Ottawa (Ontario)
K1A OA6
TEI.: 613-992-2792
TO& : 613-992.2794
Circonscription
54, rue King Est
Suite 103
Bowmanville (Ontario)
UC 1N3
T61. : 905-697-1699
T616c.: 905-697-1678
Erin.OToole"arl.gc. ca
,*®ErinOTOOIeMP
1+1
September 3, 2019
Mayor Adrian Foster
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, ON UC 3A6
Dear Mayor Foster,
Hon. Erin O'Toole, P.C., C.D.
Member of Parliament / Ddput6
Durham
I wanted to thank you for your letter dated August 14, 2019 in regards to Cedar
Crest Beach Shoreline Erosion.
I have met with a number of affected residents, the Port Darlington Community
Association, the Central Lake Ontario Conservation Authority, the International Joint
Commission, St. Mary's Cement/ Votorantim, Clarington's Emergency Services,
yourself and many others over the last few years in regards to the Port Darlington
flooding and shoreline mitigation. As you are aware, I alp, held a public information
session in February 2018, inviting all levels of government to meet with scientists
from the International Joint Commission (IJQ. The IJC helped shed light on the
meteorological conditions that lead to the events in 2017.
In 2017 my office requested to be a part of the Municipality of Clarington's working
group. Regrettably, we have never been engaged despite our interestlto participate.
As everyone knows, I continue to be in support of flood mitigation efforts in the
area and have been speaking with provincial and mun(. i 6aders along Lake
Ontario and the St. Lawrence over the last few "oft ,ld be interested in
meeting as a working group and a s lad all th ,yernment have been
brought to the table.
Respectfully,
Hon. Erin O'Toole, P.C., C.D.
Member of Parliament— Durham
s
e gi f5 e
Minister of Infrastructure n, l Ministre de ('Infrastructure
and Communities ` et des Collectivites
K?,
Ottawa, Canada K 1 P OB6
Mr. Jeff Mitchell AUG 15 2019
President
Port Darlington Community Association
ieff.mitche1109@gmail.com
Dear Mr. Mitchell:
I am writing in response to your letter of April 5, 2019, addressed to the Honourable
Catherine McKenna, Minister of Environment and Climate Change, and the Honourable
Rod Phillips, Ontario Minister of Finance, regarding your concerns about shoreline erosion
issues affecting the residents of Port Darlington. Please accept my apologies for the delay
in responding.
The Government of Canada has a long history of making strategic investments in a wide
range of infrastructure categories. Infrastructure is the foundation of sustainable and
inclusive communities —it removes barriers, brings people together and allows all
Canadians to be active participants in their community. Moreover, good infrastructure
fosters an environment where the best of Canadian innovation can grow.
The Government's Investing in Canada plan is providing more than $180 billion over
12 years. Our priority is to promote infrastructure that will create good, well -paying jobs
that can help the middle class grow and prosper. Key areas for investment include public
transit, green and social infrastructure, transportation infrastructure that supports trade, and
infrastructure in rural and northern communities.
The Plan is investing $28.7 billion to improve public transit infrastructure throughout
Canada, helping transform the way Canadians live, move and work; $26.9 billion towards
green infrastructure; and $25.3 billion towards social infrastructure that will strengthen our
communities and build a better quality of life for our children and grandchildren.
Additionally, the Government will invest $10.1 billion towards trade and transportation
investments that will help Canadian businesses compete and grow, and $2 billion to support
a broad range of projects in our rural and northern communities. The Investing in Canada
plan also includes $92.2 billion in funding that is available through existing programs.
...2
Canada
-2-
Projects for erosion control may be eligible under the Government of Canada's Disaster
Mitigation and Adaptation Fund, which is a 10-year, $2-billion national program designed
to help communities better withstand current and future risks related to natural hazards.
The projects funded under this competitive, merit -based program will increase the
resilience of Canadian communities to the negative impacts of weather -related events and
safeguard the continuity of their services.
The Applicant Guide for the Disaster Mitigation and Adaptation Fund provides information
on application requirements and the project evaluation process, including the nature and
type of information required to submit a complete application. The Applicant Guide can be
found on Infrastructure Canada's website at www. infrastructure. gc.ca.
Projects for erosion control may also be eligible under the Investing in Canada
Infrastructure Program. The Agreement in place with Ontario for this program will
provide over $11.8 billion in federal funding dedicated to infrastructure projects in
Ontario over the next decade. This new funding will see the Government of Canada and
the Province of Ontario make unprecedented investments in public transit,
green infrastructure, communities, recreational and cultural infrastructure, as well as
rural and northern communities.
Under the Agreement, the Province of Ontario is responsible for designing and launching
the intake processes to solicit project applications under the four different streams of the
Investing in Canada plan. I continue to encourage the Province to open all streams for
applications so that we can maximize the work to be achieved this year. In this regard,
I would invite the Port Darlington Community Association to also contact the Ontario
Ministry of Infrastructure to learn more about the Province's plans for the inaugural intake
for the Green Infrastructure stream. In addition, please note that proposed projects must
first be prioritized by the Province before they are submitted to Infrastructure Canada for
funding consideration. You may want to submit your proposal to the Ontario Ministry of
Infrastructure so that it may determine whether the project should be prioritized for funding
consideration under the Green Infrastructure stream.
Thank you for writing on this important matter.
Yours sincerely,
The Honourable Frangois-Philippe Champagne, P.C., M.P.
Minister of Infrastructure and Communities
Clar-MgtOR
Memo
Planning Services Department
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
To: Mayor and Members of Council
From: Faye Langmaid, Acting Director of Planning Services
Date: July 30, 2019
Subject: Disaster Mitigation and Adaptation Fund
File: PLN 15.2
The purpose of this memo is to inform Council that Clarington staff will not be
submitting an application to the Disaster Mitigation and Adaptation Fund (DMAF)
because of the lack of data necessary to complete the application for the August 15'
deadline and the difficulty in showing "public benefit" when an acquisition program has
not been endorsed by Council.
As noted in report CAO-006-19, Staff at the Central Lake Ontario Conservation
Authority (CLOCA) submitted an application with the assistance of Clarington Staff to
the DMAF during the first round of intake in July 2018. CLOCA's application as noted in
Sections 1.5 and 5.11 through 5.15 of the CAO's report was predicated on a future
acquisition program of lands and construction of works for public benefit. CLOCA's
Board endorsed the concept of a voluntary acquisition program in May 2019 pending
funding negotiations with potential partners for the construction of shoreline erosion
works. However, Council's resolution #C-275-19 of July 2, 2019 did not support the staff
recommendation that would have endorsed and advanced the development of a land
acquisition program.
Infrastructure Canada notified municipalities on July 5, 2019 of an expedited intake
window which closes on August 1, 2019 for DMAF applications. The Municipality could
apply separate from CLOCA without the voluntary acquisition portion of the proposal.
However, to do so, a significant amount of data gathering and analysis is necessary in
order to complete the full application. This includes data to support the calculation of
Return on Investment (e.g. the public benefit), and hazard risk assessment and impact
information. Data needs include:
• The extent, intensity and likelihood of occurrence of the natural hazard;
Local direct economic loss attributed to the natural disaster;
Estimated socio-economic, environmental and heritage / cultural damages and
losses that the infrastructure project would prevent;
These are key elements of the application's evaluation. The application must focus on a
single natural hazard and all hazard risk assessment and impact data listed above
must be related to this single natural hazard. All data sources must be referenced in the
application so they can be traced back by DMAF during application review and
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6 1 905-623-3379
MIVA
evaluation for verification. It is also important to note that DMAF requires that all project
components be completed by 2028. This includes land acquisition, if part of the project
proposal. However, where all properties cannot be acquired by the end of the DMAF
project period, they will give consideration to whether the proposed solution can still
provide mitigation. Without land ownership beyond what exists today it will be difficult to
demonstrate public benefit.
The application by CLOCA is still eligible to proceed into the second intake of the DMAF
program. Currently there is no update on the estimated timing for the second intake,
but it has been indicated that the second intake cycle is expected in the near future.
Should Council members have any questions, Amy Burke or I would be pleased to
answer them.
Yours truly,
Faye Langmaid, FCSLA, RPP
Acting Director of Planning Services
cc. Chris Jones, CLOCA
Tony Canella, Engineering Services Department
Ron Albright, Engineering Services Department
Ag
\\nelapp5\group\Planning\60apadmenpPLN RoMPLN 15 Watertronl Development\PLN 15.2 Bo nville Watertmnt\Porl Darlington West Shore\CorrespondeneeWEMO_MMC
reDMAF_My 30, 2019.dom
SCARnOHOUGn WATEnrnoNT HnOJFCT CNVIHONMCNTAI. ASSFSSMrNT TERMS OF HFFCHFNCE
I ORONTO AND REGION CONSERVATION AUTHORI I
Figure 2:
Overview of the Provincial EA Process
Planning & Approval Process
Terms of Environmental EA Decision &
Reference Assessment Other Approvals
1
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Preparation,
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* Other Approvals,
(Fisheries Act,
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July 2014 --June 2015 Fall 2015 —Winter 2016 July 2017 4
EA Approach (focused EAI
Subsection 6(2) of the EA Act indicates that the proponent must specify how the EA will be prepared by
selecting from the following options:
a) Indicate that the EA will be prepared In accordance with the general requirements in subsection
6.1(2);
b) Indicate that the EA will be prepared in accordance with such requirements as may be prescribed
for the type of undertaking the proponents wishes to proceed with; or,
c) Set out in detail the requirements for the preparation of the EA (MOECC, 2014).
Proponents are to use subsection 6(2)(c) and 6.1(3) if there is a defined planning process that has already
occurred, which provides the rationale for the Project (MOECC, 2014). Subsection 6.1(3) provides an
exception that allows the EA to include information other than what is required by subsection (2). As such,
TRCA will complete a "focused" EA in accordance with subsections 6(2)(c) and 6,1(3) of the £A Act.
The Justification for completing a "focused" EA is that the strategic direction for this section of the waterfront
has been established through: