ENVIRONMENT |
Hamilton-Wentworth (Regional Municipality) v. Canada (Minister of Environment)
A-312-01, A-313-01
2001 FCA 347, Richard C.J.
14/11/01
5 pp.
Appeal from T.D. decision ((2001) 20 M.P.L.R. (3d) 219) allowing two applications for judicial review of Minister of Environment's decision to refer completion of major expressway corridor around City of Hamilton to review panel under Canadian Environmental Assessment Act (CEAA)--Issue whether CEAA applying at all to expressway project--Appeal dismissed--Project originated in mid-1950s; subject of lengthy planning, consultations and review processes, including approval in 1984 following environmental and planning assessment by Ontario Joint Board; substantial sums of money already invested in project; land acquired, buildings demolished and construction contracts let; of 20 km of whole expressway, only 8 km remaining to be built--Would therefore be inappropriate for Court to impose further delays--As to issue of whether project exempted from CEAA by s. 74(4), steps taken by Region before June 22, 1984 amply support conclusion construction had been initiated before that date--Design changes made by Region in 1998 do not amount to sufficient modification or other alteration to project so as to bring project back into CEAA--Simply mitigating measures--Finally, application of CEAA excluded by s. 11(1)--Decision in Tsawwassen Indian Band v. Canada (Minister of Finance) (1998), 145 F.T.R. 1; affd (2001), 37 C.E.L.R. (N.S.) 187 (C.A.) cannot be distinguished from facts herein--Canadian Environmental Assessment Act, S.C. 1992, c. 37, ss. 11(1), 74(4).