1.0 INTRODUCTION AND BACKGROUND

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1 1.0 INTRODUCTION AND BACKGROUND 1.1 INTRODUCTION / BACKGROUND The Regional Municipality of York (hereafter referred to as York Region ) has completed a Municipal Class Environmental Assessment (Class EA) for a proposed road crossing of Highway 404 between Elgin Mills Road and 19 th Avenue in the Town of Richmond Hill and the City of Markham. The planning framework, need and justification for this Highway 404 road crossing are supported by York Region through its Regional Official Plan. In total, four road crossings over Highway 404 between Highway 7 and 19 th Avenue have been identified in various York Region, City of Markham and Town of Richmond Hill planning documents. The need and justification for a road crossing over Highway 404 was initially assessed and confirmed through the York Region Transportation Master Plan (2009) and also the Highway 404 Mid-Block Crossing Feasibility Study from Highway 7 to 19 th Avenue (2012). Recognizing that York Region, as well as the local municipalities (City of Markham and the Town of Richmond Hill) will continue to experience population and employment growth in the near future, the road crossings are anticipated to provide additional east-west capacity as well as a more refined road network to address the projected transportation needs in this area. The road crossings support the design and development of complete communities by providing walking and cycling opportunities and efficient transit routing options; provide increased access to amenities such as schools, parks and retail in communities on either sides of Highway 404; connect neighboring communities surrounding Highway 404 and accommodate more direct local trips; provide alternative travel routes and reduce delays for businesses and residents, and help manage traffic resulting from continued growth and better serve motorists, pedestrians, cyclists and transit users. The purpose of this Class EA Study is to assess the need for the proposed crossing alternatives over Highway 404 between Elgin Mills Road and 19 th Avenue and to evaluate the effects on the environment. It also included development of different design alternatives and the identification of the preferred alternative. The Class EA Study is being carried out in accordance with Schedule C of the Municipal Class EA process (2000, as amended in 2007 and 2011), which is approved under the Ontario Environmental Assessment Act. The Environmental Study Report (ESR) documents the decision making throughout the Class EA Study. 1.2 Study Area The Study Area is bounded by Elgin Mills Road to the south, 19 th Avenue to the north, Leslie Street to the west and Woodbine Avenue to the east. Highway 404 is the municipal boundary between the City of

2 Markham (east of Highway 404) and the Town of Richmond Hill (west of Highway 404). While Highway 404 provides the function of a provincial freeway, it also acts as a physical barrier between communities and developments on either side of the highway. The Study Area is shown in Exhibit 1-1. Exhibit 1-1: Study Area 1.3 Study Organization The project team consisted of representatives from York Region, MMM Group and its Subconsultants, including, Unterman McPhail and Associates (built heritage), New Directions Archaeology (archaeology), and Thurber Engineering (geotechnical). In addition to overall project management and Class EA requirement, MMM Group was responsible for consultation, transportation analysis, roadway design, ecology, structure design, and stormwater management design. The project team met regularly throughout the duration of the study. 1.4 Related Documents and Projects By 2031, approximately 1.5 million residents, 780,000 jobs and 510,000 households are expected in the Region of York. This translates into an increase in population of approximately 35% compared to the present and is in accordance with the Provincial allocation of growth within the GTA (i.e. part of the Provincial Growth Plan). All municipalities within the GTA are expected to accommodate growth to some extent. By 2041, the Province is seeking to increase Region of York growth again by approximately 15% (from 2031); although this is still to be responded to and confirmed by area municipalities. On the Regional level, it is clear that growth is coming and will require suitable infrastructure and services to accommodate it at a local level.

3 With this significant level of growth, the regional transportation system requirements are outgrowing the current regional road network. Many of the existing arterial roads built in the past are placed approximately two kilometres apart along the concessions. This configuration worked well in serving agricultural and rural communities. However, as communities transform from rural agricultural uses to residential subdivisions and commercial uses, the traditional configuration will not properly support the multiple transportation modes that are demanded by people living and working in the growth areas. Residential and commercial areas planned in the Region need transportation systems that provide greater access and more direct connections in a reliable and efficient way. Consistent with the vision of the Provincial Policy Statement, which calls for efficient development patterns to optimize the use of land, resources and public investment in infrastructure and public service facilities, the Region is building complete communities by providing live/work opportunities and promoting efficient goods movement. Managing growth by investing in new transportation infrastructure, such as finer-grid road networks and midblock crossings of 400-series highways where possible are seen to be essential in achieving this vision, and support current community needs, economic development and a growing population Provincial Policies Growth Plan (2006 Office Consolidation June 2013) The planned growth to horizon year 2031 in York Region is allocated based on the Provincial Growth Plan, Places to Grow (2006). Updates of the Growth Plan are currently under review and additional growth of approximately 15% from 2031 is anticipated to be assigned to York Region for To ensure sustainable growth, Section 3.2.2, Point 1 of Places to Grow addresses the infrastructure required to support growth, and states the following: a) provide connectivity among transportation modes for moving people and for moving goods b) offer a balance of transportation choices that reduces reliance upon any single mode and promotes transit, cycling and walking c) be sustainable, by encouraging the most financially and environmentally appropriate mode for trip-making d) offer multi-modal access to jobs, housing, schools, cultural and recreational opportunities, and goods and services e) provide for the safety of system users. The planning of the road crossing is consistent with planning directions in the Growth Plan, which is to provide connections between communities in the City of Markham and the Town of Richmond Hill, support efficient transit services, support multi-modal uses through provisions to pedestrians and cyclists, increase

4 efficiency and flexibility of the transportation network, reduce delays for residents and businesses, and to relieve and diffuse demands on arterial roads Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) (2014) is issued under the Planning Act and supports the planning of land uses across the Province. The PPS provides policy direction for the use and management of land and infrastructure (including transportation infrastructure such as the proposed roadway being planned as of this EA Study) while protecting the environment and resources, as well as to ensure opportunities for employment and residential development. Sections of the PPS that are applicable to the planning of transportation infrastructure include: Part IV Vision for Ontario s Land Use Planning System The development of land should be optimized to promote efficient use of land, resources and public investment in infrastructure and public service facilities. These land use patterns promote mixed uses including residential, employment, recreation, parks and open space. The supporting transportation infrastructure is to provide choices and promote increased use of active transportation as well as transit before other modes of travel. This is in support of building livable and healthy communities. Part V Policies Specifically, Section outlines the policies for infrastructure and public service facilities under transportation systems. The policies state that Transportation systems should be provided which are safe, energy efficient, facilitate the movement of people and goods, and are appropriate to address projected needs. A multimodal transportation system is to provide connectivity within and amongst the transportation systems. Improving connections across jurisdictional boundaries should be considered where possible. Land use patterns should be planned to minimize the length and number of vehicle trips, as well as to support existing and future active transportation and transit services Greenbelt Plan (2005) The Greenbelt Plan (2005) includes policies to protect against loss and fragmentation of agricultural lands, provide permanent protection to natural heritage and water resource systems. Within the study area of the road crossing Class EA Study, areas associated with the Rouge River Tributaries are designated as Natural Heritage System / Protected Countryside under the Greenbelt Plan. Within the Greenbelt Plan, there are policies that address how transportation infrastructure will be plan and constructed. Specifically, it notes in Section General Infrastructure Policies, New or expanding infrastructure shall avoid key natural heritage features or key hydrologic features unless need has been demonstrated and it has been established that there is no reasonable alternative, and where infrastructure does cross the Natural Heritage System or intrude into or result in the loss of a key natural heritage feature or key hydrologic feature, including related landform features, planning, design and construction practices shall minimize negative impacts and disturbance on the features or their related functions, and where reasonable, maintain or improve connectivity. It is recognized that given the geographic location of the proposed road crossing and the constraints due to existing and planned land uses, there would be impact to the Greenbelt areas. Through the EA Study, alternatives have been developed and analyzed to better understand the extent of impacts to the Greenbelt area. Every effort has been made to minimize impacts to the natural feature where feasible; however,

5 where impact is not avoidable, mitigation measures has been developed and documented as part of the EA Study Municipal Policies York Region Planning Documents York Region Official Plan (2010) The York Region Official Plan, as it continued to evolve from over 20 years ago, has outlined the policies which guide the overall planning in the Region to support economic growth, building communities, protection of the environment and infrastructure needs. The Official Plan 2010 was prepared in consultation with members of the public. The consultation carried out as part of the Official Plan 2010 may be found on the York Region website ( under About York Region/Regional Official Plan/Public Consultation). There are several references in the approved York Region Official Plan (2010) that speaks to the need for the road crossing over Highway 404 and the road crossings are also shown in Map 12 of the Official Plan: Policy f) The mobility plans shall be completed to ensure that: the street network include continuous collector streets that run both north-south and east-west and/or grid system of streets linked to the Region Street network. Policy To require local municipalities to plan and implement, including land takings necessary for, continuous collector streets in both east-west and north-south directions in each concession block, in all new urban developments, including new community areas. Policy To require local municipalities to plan and implement, including land takings necessary for, mid-block crossings of 400-series highways, as shown on Map 12. The location of the mid-block crossing on Highway 400 between Kirby Road and the King-Vaughan boundary is conditional upon the alignment of the GTA West Corridor, and will be determined through an Environmental Assessment process. York Region Transportation Master Plan (2009) The York Region Transportation Master Plan was developed to provide a framework for making decisions related to the transportation system up to It is the Region s vision to preserve and enhance York Region s sustainable natural environment, support York Region s economic vitality, and encourage healthier neighbourhoods and communities. The York Region Transportation Master Plan (TMP) (2009) was carried out in accordance with the Municipal Class Environmental Assessment process. As noted in Section 1.3 of the TMP (2009), it stated that The York Region Transportation Master Plan Update adheres to the Planning and Design Process of a Municipal Class Environmental Assessment (EA), incorporating the key principles of successful environmental planning under the Ontario Environmental Assessment Act. Master Plans are required to

6 address Phases 1 and 2 of the Municipal Class EA Process to include the required public consultation and the evaluation of alternative solutions. Within the York Region Transportation Master Plan (2009), references which support the planning for continuous mid-block collector roads and crossings over 400-series highways include: Section Roads The road enhancements proposed for York Region through 2031 include:.new mid-block collector roads crossing 400-series highways in East Gwillimbury, Markham, Richmond Hill and Vaughan to provide direct access to local communities while accommodating transit, cycling and pedestrian facilities, and a number of new Regional road segments designed to complete the arterial grid system, as illustrated in Figure 6.8. Section Roads..For the purposes of this Master Plan and taking into consideration the requirements of Phases 1 and 2 of the Municipal Class EA process, the potential benefits and potential environmental considerations for individual road and transit improvement projects were identified. Appendix Q provides a matrix list of all the proposed road and transit improvement projects and their potential impacts The matrix confirms the need and justification for proposed roadways to satisfy the first two phases of the EA process. The midblock crossing between Elgin Mills Road and 19th Avenue was listed in the matrix of Appendix Q of the Transportation Master Plan and the benefits identified include: improves goods movement, improves connectivity and relieves congestion on adjacent roads. Section 6.3 Road Network Issues For major infrastructure improvements requiring the completion of Phases 3 and 4 of the Municipal Class Environmental Assessment process, York Region is required to prepare a detailed inventory of the natural, social and economic environment. This analysis is undertaken to identify the potential impacts of alternative alignments for new or expanded infrastructure while attempting to reduce our carbon footprint The following list of major road network improvements are recommended in the plan and the rationale for their inclusion are presented below series highway mid-block crossings - include as 4-lane crossings of the highways: o Provides better transit service coverage o Improves walking and cycling opportunities o Improves local traffic connectivity, and o Relieves the need to widen adjacent arterial roads to six or more lanes Section 6.4 Recommended Policies and Strategies All of the proposed policies and strategies developed by York Region for this Transportation Master Plan Update support at least one of the Sustainability Principles developed earlier in the study process Principle 9: Implement and Support Transportation Supply Management:..Work with local municipalities to plan for and design comprehensive collector roads to accommodate and facilitate local transit services, walking and cycling;.strongly encourage all municipalities to implement continuous east-west and north- south mid-concession collectors in all new urban developments (two per direction per concession). Based on the foregoing, the need for the Highway 404 road crossing between Elgin Mills Road and 19 th Avenue, as required within the Municipal Class EA process, was established through the York Region TMP (2009), which followed Phases 1 and 2 of that process. This is also supported by the York Region Official Plan (2010) which is an approved statutory document. The York Region TMP (2009) also supports the implementation of an improved active transportation network throughout the Region. The proposed road crossing has been identified as one of the long term

7 cycling and trail networks in the Town of Richmond Hill, Pedestrian and Cycling Master Plan Study (2010), and also as one of the proposed cycling routes in the City of Markham Pathway and Trails Master Plan (2009). Section Immediate Action (0-2 Years) Policies and strategies to be implemented within the immediate time frame will provide the basis for sustainable initiatives throughout the Region.. Active Transportation: Immediate action will be taken to enhance the Region s pedestrian and cycling opportunities. More specifically, the Region will: o o o Implement the Regional and municipal pedestrian and cycling master plan policies; Encourage the study and implementation of local municipal pedestrian and cycling master plans; and Support the directions introduced in the Natural Heritage Discussion Paper Planning and Design: will focus on the land use planning policies required to support future transit infrastructure plus improved cycling and pedestrian connections.: o o Connecting all transit stops directly to sidewalks and adjacent buildings in urban areas Working with local municipalities to plan and design comprehensive collector roads to accommodate YRT service, walking and cycling. York Region Transportation Master Plan Updates (Ongoing) It should be noted that York Region is carrying out an update on the Transportation Master Plan with a planning horizon to 2041 (see under About York Region / Plans, Reports and Strategies/Transportation Master Plan). In general, travel patterns are changing throughout the Region, including a projected increase in transit use. Travel times by car will continue to worsen even with the planned improvements. The Region is continuing to plan for connecting gaps in the road network and improving access to 400-series highways, as well as to support active transportation facilities throughout the Region. The road crossing north of Elgin Mills is included as one of the improvements that will serve as a starting point for the Transportation Master Plan update. Implementation of the 10-year roads construction program include completing urban roads to serve new communities, improving intersections will reduce delay for all vehicles, and providing new road crossings of 400-series highways to improve connectivity between communities City of Markham Planning Documents City of Markham Official Plan (2014) The City of Markham initiated a review of the Official Plan in 2011 and the new Official Plan was adopted by Council in December 2013 and approved by York Region in June The Official Plan (2014), a statutory document, will guide the land use and development in Markham up to 2031, based on the principles of

8 protecting natural environment and agricultural lands, building healthy communities, increasing travel options and maintaining a strong economy ( A number of public consultation events were held for the update of the Official Plan and can be found on the City s website ( under Business & Development/Planning and Development Services/Official Plan & Zoning/Official Plan Review). The Official Plan (2014) stated the importance of the road crossing as a major component of the road network in the following policies in Chapter 7 and in Map 10 of the Official Plan. Policy To strengthen the coordination of land use planning, transportation planning and urban design to.. b) increase the opportunities for people to make shorter trips and more trips by foot, bicycle or transit; c) create an integrated transportation system that supports urban growth by improving network connectivity, including the timely completion of missing mid-block links along major collector roads and by providing convenient inter-modal transfer points to widen the range of travel choices. Policy To define, develop and maintain the major components of Markham s Road Network as shown on Map 10 Road Network to include: a) provincial highways; b) regional arterial roads as designated in Map 12 Street Network of Official Plan; c) Markham arterial roads and major collector roads; d) mid-block crossing of provincial 400 series highways; and e) future Donald Cousens Parkway. Policy To support a grid pattern of road network development as a component of a required secondary plan.. a) creating a continuous collector road in both east-west and northsouth directions where the opportunity arises in newly developing urban areas and in major infill development projects, including the provision of links to the existing road network where appropriate; and b) generally discouraging local roads being built as cul-de-sacs or in other forms that disrupt the grid network. In fact, the road crossing over Highway 404 between Elgin Mills Road and 19th Avenue has already been identified in previous Official Plan (2005), Schedules C and G, and as noted in: Policy e) The Town, in consultation with the Town of Richmond Hill, the Regional Municipality of York and the Provincial Ministry of Transportation, will protect for future midblock crossings of 400-Series Highways through a Provincial Environmental Assessment process. The conceptual alignments of these crossings shall be shown on Schedule C and Schedule G of this Plan without amendment. Recognizing the challenge to shift from a car-dependent culture to offering multi-modal choices in order to achieve sustainable growth in the City, Policy noted: Policy To design and construct all new roads.. to: a) better balance the safety, accessibility, convenience and comfort of all street users, regardless of age or ability, including pedestrians, cyclists and transit riders and to provide a full range of travel choices; b)..ii) support the use of walking, cycling and transit. Markham Transportation Planning Study (2002) The City of Markham Transportation Planning Study (2002) outlines a four-point strategy for the City s transportation system, including a balance of road improvements, transit, education and policy to manage

9 existing and future transportation needs. This early study reflected the intent of the Regional OP and already identified the road crossings over Highway 404 as one of the key elements in the modified road network. It noted in Section 5.3 that.. the mid-block crossings of Highway 404 helped to achieve a more balanced distribution of traffic demand since they facilitated east-west travel without using capacity on the arterial roads. Markham Pathway and Trails Master Plan (2009) The City of Markham Pathway and Trails Master Plan established a city-wide trail and pathway network to promote active transportation, which is consistent with policy in the Official Plan. The proposed mid- block crossing over Highway 404 between Elgin Mills Road and 19th Avenue is shown on Map 4 of the Markham Pathway and Trails Master Plan to include on-road cycling routes; providing a connection to other on-road cycling routes in the area. OPA 149 Highway 404 North Secondary Plan The City of Markham OPA 149 Highway 404 North Secondary Plan (2005) identified the land use, transportation network in the area bounded by Highway 404, southern boundary of the Oak Ridges Moraine and the Markham / Whitchurch-Stouffville municipal boundary, Woodbine Avenue and the northerly limit of the Cathedral Planning District (i.e. north of Elgin Mills Road). The road crossing over Highway 404 between Elgin Mills Road and 19th Avenue has been included in the planning of the OPA 149. In the January 10, 2006 Report to Development Services Committee, Item 3.3, it noted that The draft Secondary Plan identifies a schematic location for a flyover of Highway 404 providing a mid-block connection between north-south arterial roads in Markham and Richmond Hill. Protection for mid-block flyovers of 400 series highways has been identified as a priority in the York Region Transportation Master Plan and the Markham Transportation Planning Study. The schematic location shown is central to the Elgin Mills/19th Avenue block and reflects the current appreciation of environmental conditions to be addressed in the Town of Richmond Hill. However, the final design and location of the flyover, and the alignment of the connecting collector road within the Planning District, will be determined through a joint Region and Town Environmental Assessment, scheduled to commence in While the EA Study for the road crossing did not commence in 2006 and is now being carried out as a Regional project, the road crossing was shown in OPA 149. The road network envisaged at that time is not consistent with the partially implemented network currently in placed; however, it included a Woodbine Bypass and connections to it from within the development block. Elements of that earlier network are now intended to include extension of Honda Boulevard north to connect at 19 th Avenue and connection easterly to Woodbine Avenue.

10 In the December 1, 2009 Report to Development Services Committee, an update to the Community Design Plan noted that The Rice Group has agreed to protect lands south of the Honda campus and east of Highway 404 in the event that this crossing may be realized. Further, the Community Design Plan will require revision (of storm water management ponds) pending finalization of the pond location and the road crossing. Markham By-Law The initial planning of the road crossing was intended to provide a connection to Woodbine Bypass from the proposed Street C. As shown in OPA 149 Master Environmental Servicing Plan (April 2008, Revised December 2010), Street C provides a connection to Woodbine Avenue and the crossing over Highway 404 was intended to connect to Street C in the previous feasibility study of the road crossing. However, through subsequent development in the area on the Enbridge site, the City of Markham signed a by-law (By-Law ) which noted that the Region has since approved the deletion of the extension of the mid-block crossing east of Honda Boulevard to Woodbine Bypass. The intent of this was to approve the Enbridge development and thereby eliminating the potential of a roadway through the site. Based on By-Law , the road crossing will no longer continue between Honda Boulevard and Woodbine Avenue following the alignment of Street C ; however, this does not in itself, preclude the crossing over Highway 404 or a connection of the crossing that extends passed Honda Boulevard and intersects with Woodbine Bypass/Woodbine Avenue via a route that does not cross any portion of the lands identified in By-law North Markham Future Urban Area Study The City of Markham is carrying out a planning study for the future development in North Markham, namely the North Markham Future Urban Area. This area is bounded by the City s limit / Elgin Mills Road to the north, Robinson Creek to the east, Major Mackenzie Drive to the south and the Hydro Corridor / Woodbine Avenue to the west. According to the City of Markham website, the Future Urban Area is anticipated to support approximately 12,000 residential units with a population of approximately 38,000 persons and approximately 19,000 jobs. (Further information may be found in the City of Markham website, under Business Development / Planning & Development Services / Official Plan / 2014 Official Plan / North Markham Future Urban Area). A portion of the Future Urban Area is located east of Woodbine Avenue, which is immediately east of the current EA s Study Area. While the transportation network in the North Markham area is to be determined through the City s ongoing planning study, it is acknowledged that Elgin Mills Road through Victoria Square (at Woodbine Avenue) is within a heritage hamlet and is currently only at 2 lanes. Through the area of Victoria Square, Elgin Mills Road has a 20 m right-of-way, which is a reduced right-of-way (from 36 m) to ensure that

11 the character of Victoria Square is maintained. However, the City recognizes there may be pressure to widen this section of Elgin Mills Road to 4 lanes with future growth. This further supports the need to relieve the pressure on Elgin Mills Road via other continuous east-west connections, including the mid-block crossing. As noted in Policy of the Markham Official Plan, the City would like to implement continuous collector roads in both east-west and north-south directions to support a grid pattern of road network development. The implementation of the road crossing will benefit the overall transportation network in the area and will help relieve the future transportation needs on Elgin Mills Road through Victoria Square Town of Richmond Hill Planning Documents Town of Richmond Hill Official Plan (July 2010) Similar to other municipal Official Plans, the Town of Richmond Hill Official Plan outlines the guiding principles for future land use and development in the Town. A series of public consultation events were carried out during the Official Plan update and can be found on the Town of Richmond Hill website ( under Town Hall/Departments/Planning & Regulatory Services Department/Planning Division). Section 9 of the Official Plan (July 2010) is related to the planning of North Leslie and included a discussion of the Highway 404 crossing (with note that this is currently under an OMB Appeal process): Policy A potential mid-bock overpass across Highway 404 connecting to future development in the Town of Markham has been identified. The determination of need and specific location will be subject to further study through an Environmental Assessment to be undertaken jointly by York Region, the Town of Markham and the Town of Richmond Hill. The land use structure in this Plan precludes the connection through the Bawden-Wood property but does not preclude the connection through any other property. 2 The Secondary Plan integrates natural features, development and infrastructure to support growth and connect it appropriately with the surrounding area. The Secondary Plan for this area includes an extent of significant natural features denoted as Protected Countryside Area of the Greenbelt Plan and yet a road crossing is also included, as is a north-south connection to employment lands and an interchange with 19 th Avenue. The potential for a road crossing is shown in Schedule A of the North Leslie Secondary Plan, with note to the following policy: Policy i).the need, location, and form of such Minor Collector(s) and associated crossing(s) of the Natural Heritage System, and the location and operation of intersections, will be determined as part of the traffic and servicing components of the applicable revised MESP, to the satisfaction of the Town and the Region. 2 It should be noted that during the EA Study, the current property owner of the Bawden-Wood property has allowed the consideration of the mid-block crossing to be located within their property see discussion under Chapter 5 of the Environmental Study Report.

12 Town of Richmond Hill Transportation Master Plan (2006) The Town of Richmond Hill Transportation Master Plan (TMP) (2006) identified the improvements required to support future growth in the Town up to year In Section 5.4 of the TMP (Problem Statement), it noted under the existing road network that As with the arterial road network, the collector road network lacks mid-block, continuous east-west and north-south connections otherwise present in other fully-developed areas, again similar to North York and Scarborough. This results in increased traffic congestion on the existing collector roads, as well as traffic intrusion on local residential streets. In Section 7 of the TMP (Recommended Long-Term Transportation Strategy), it stated that Protection for the future 4-lane mid-block crossing of Highway 404 north of Elgin Mills Road to improve access to the employment lands north of Elgin Mills road and provide relief to Elgin Mills Road. This is also reflected in Exhibit E-3 of the TMP. Town of Richmond Hill Pedestrian and Cycling Master Plan Study (2010) Similar to other local municipalities, the Town of Richmond Hill is proactive in promoting active transportation and is planning for a future pedestrian and cycling network through the 2010 Pedestrian and Cycling Master Plan. The road crossing north of Elgin Mills Road is identified as part of the long term pedestrian network. 1.5 Ontario Environmental Assessment Act The class environmental assessment process is an approved process under the Ontario EA Act for a specific group or class or projects. Projects such as these are therefore approved subject to compliance with an approved Class EA process. The proponent for this study is York Region. Accordingly, the study is being carried out in accordance with the requirements of the Municipal Class Environmental Assessment (2000, as amended 2007 and 2011) prepared by the Municipal Engineers Association Municipal Class Environmental Assessment Process The Municipal Class Environmental Assessment (EA) is an approved class environmental assessment process which applies to municipal infrastructure projects including roads, water and wastewater. The Municipal Class EA outlines a comprehensive planning process which includes the following steps: problem definition; identification of alternatives (including do nothing ); analysis and evaluation of their effects on the environment including the natural, social, economic and engineering; determination of a preferred alternative and associated mitigation measures; and, consultation with technical agencies and the public throughout the process. The Class EA process provides a rational planning approach to

13 determining a preferred alternative for addressing the problem (or opportunity). The Municipal Class EA is an approved environmental assessment planning document which describes the process that proponents must follow in order to meet the requirements of the Ontario EA Act. Providing the Class EA planning process is followed, a proponent does not have to apply for formal approval under the EA Act. The Municipal Class EA process is shown on Exhibit 1-2 and includes: Phase 1 - identify the problem or opportunity Phase 2 - identify alternative solutions Phase 3 - examine alternative methods of implementing the preferred solution Phase 4 - prepare and file an Environmental Study Report Phase 5 - proceed to detail design, construction and operation The four types of projects or activities to which the Municipal Class EA applies are: Schedule A projects which are limited in scale, have no or minimal adverse environmental effects and generally includes the majority of municipal road maintenance, operational, and emergency activities these projects are pre-approved and therefore a municipality can proceed without further approval under the EA Act Schedule A+ Schedule B Schedule C projects which are limited in scale, have no or minimal adverse environmental effects and generally includes the majority of municipal road maintenance, operational, and emergency activities these projects are pre-approved, however, the public is to be advised prior to implementation projects which have the potential for some adverse environmental effects and generally includes improvements and minor expansions to existing facilities these projects are approved subject to a screening process which includes contacting directly affected public and relevant review agencies projects which have the potential for significant environmental effects. These projects generally include construction of new facilities and major expansions. these projects must proceed under the planning and documentation procedures outlined in the Municipal Class EA document.

14 Exhibit 1-2: Municipal Class EA Process The proposed nature of the Road Crossing of Highway 404 between Elgin Mills Road and 19 th Avenue undertaking identifies following a Schedule C under the Municipal Class EA. An Environmental Study Report (ESR) is required for Schedule C projects, documenting the environmental assessment process which is carried out prior to proceeding with the implementation of the preferred undertaking. The ESR must be filed for a minimum 30 day public review period. If concerns are raised that cannot be resolved through discussions with the proponent of the project, a Part II Order may be requested. This is explained in the next section Part II Order The Municipal Class EA process includes an appeal provision to change the status of a project from being subject to the Municipal Class EA process to being subject to an Individual Environmental Assessment as per Part II of the Ontario EA Act. The latter requires the submission of an EA document to the Minister of the Environment for government review and approval. It is recommended that all stakeholders work together to determine the preferred means of addressing a problem or opportunity. If concerns regarding a project cannot be resolved in discussions with the

15 proponent, then members of the public, interest groups or technical review agencies may request the Minister of the Environment, by order, to require a proponent to comply with Part II of the EA Act before proceeding with a proposed undertaking which has been subject to Class EA requirements. The Minister of the Environment then decides whether to deny the request, refer the matter to mediation or require the proponent to comply with Part II of the EA Act. Additional information regarding this appeal process may be obtained from the York Region website (