[All] Basic how to for Part II orders

[Louisette Lanteigne]

Hi folks. 

I related this for Connie to use for Barrie's Lake but it's a quick little how to for any Part II order process for those wanting to give it a go so I figured I'd share it with the group. 

Lulu 

----- Forwarded Message -----
From: Louisette Lanteigne <butterflybluelu at rogers.com>
To: Connie Cody <cbcodyz at gmail.com> 
Sent: Saturday, April 12, 2014 11:46:37 PM
Subject: Re: Fw: Barrie's Lake & concerns for patterns of non compliance.
 


Hi Connie!

Once a final plan for any Class EA has been voted on, we have up to 30 days to file a Part II order request with the MNR or Minister of Transportation. That's a solid deadline so try to file a couple of days ahead if possible. Last time I wrote to MP James Bradley it bounced back because the legislature website is out of date. You can email his home constituency or send correspondence to his assistant Michael Simpson if you have any issues. His email is Michael.simpson at ontario.ca 

Here is the government info how to on Part II order requests. What data is need etc. 
http://www.ene.gov.on.ca/stdprodconsume/groups/lr/@ene/@resources/documents/resource/stdprod_082314.pdf

Here is an example of a Part II order request written by a solicitor for a project in Ajax. Not how they mention concerns than cite the related legislation to back up the fact the project is non-complaint.http://www.ajax.ca/en/doingbusinessinajax/resources/PDENG_D_RevisedPartIIOrderRequest.pdf
Feel free to steal concepts on format, or wording because this doc is written by solicitors. If you sound like one, they tend to listen. 

The main policies that apply to the Barrie's Lake issue are:

Provincial Policy Statement, particularly section 2.1 to 2.6 which relates to the protection of natural heritage features and endangered species. It's online here: 

http://www.mah.gov.on.ca/Page1485.aspx#2.0


Regional policies regarding water and rare species are mainly section B
http://www.regionofwaterloo.ca/en/regionalGovernment/RegionalOfficialPoliciesPlan.asp

The Ontario Endangered Species Act: 
Section 10 protects HABITAT
Section 17 is to secure habitat destruction permits but if this is needed they must prove NET BENEFIT TO ANIMAL: ie larger protected areas, replacement of anything killed or the permit will be denied. 
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_07e06_e.htm


Revised Endangered Species Act policy specific to JEFFERSON SALAMANDER is here. It offers 300m critical habitat around breeding pond plus up to 1km dispersal area. Be sure to include the entire wording of this into your Part II order request to show Waterloo Region is known for Jefferson Salamanders. 
http://www.e-laws.gov.on.ca/html/source/regs/english/2009/elaws_src_regs_r09436_e.htm


The COSEWIC data specific to Jefferson Salamanders is here too. Another handy doc to reference. 
http://publications.gc.ca/collections/collection_2011/ec/CW69-14-155-2011-eng.pdf


Frame your issues, cite the exact wording of the law to support and your paper will will carry lots more weight. It will show you have the knowledge to sue them.

Lulu :0)


________________________________
 From: Connie Cody <cbcodyz at gmail.com>
To: Louisette Lanteigne <butterflybluelu at rogers.com> 
Sent: Saturday, April 12, 2014 6:19:02 PM
Subject: Re: Fw: Barrie's Lake & concerns for patterns of non compliance.
 


Sorry for this additional email...but I wanted to send a letter in for the deadline of the schedule B projects.  I find that I am feeling a little unsure as to what to write in it to make an impact.  The other letters that we wrote have done nothing and so I want to make sure that this next one does much better.

Do you have any suggestions or samples of some letters that would be good to use as a guideline?

Thanks

Connie
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