Order in Council 1118/2019

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas subsection 12(4) of the Far North Act, 2010 (the “Act”) provides that a person may undertake a development described in subsection 12(1) of the Act if the Lieutenant Governor in Council, after taking into account the objectives set out in section 5 of the Act, by order determines that the development is in the social and economic interests of Ontario;

And Whereas Wataynikaneyap Power GP Inc. in its capacity as general partner of Wataynikaneyap Power LP proposes to undertake the Wataynikaneyap Power Transmission Project (the “Development”), involving the following two phases: (1) the construction of a 230kV alternating current electricity transmission system approximately 300 km in length originating in Dinorwic, Ontario and extending north to terminate at Pickle Lake, as may be amended (“Phase One”), and (2) the construction of approximately 1,500 km of a 115kV, 44kV and 25kV alternating current transmission system, located north of Red Lake and Pickle Lake, as may be amended (“Phase Two”), to connect to 17 remote First Nation communities (the “Remote Communities”), and includes associated infrastructure;

And Whereas on July 20, 2016, pursuant to section 96.1 of the Ontario Energy Board Act, 1998, the Lieutenant Governor in Council by Order-in-Council, declared the Development to be priority projects;

And Whereas Ontario’s 2013 Long Term Energy Plan stated that the connection of twenty one remote First Nation communities and the Line to Pickle Lake are priorities for Ontario, thereby improving access to safe, reliable and adequate electrical power for the Remote Communities, enabling the Remote Communities to eliminate the use of costly diesel fuel, improving social and living conditions of the Remote Communities, and enabling future development opportunities for the Remote Communities.

And Whereas the Development is subject to the applicable requirements of the Environmental Assessment Act;

And Whereas pursuant to the provisions of the Environmental Assessment Act, the Minister of the Environment, Conservation and Parks, with the approval of the Lieutenant Governor in Council, approved the Individual Environmental Assessment for the Development, as may be amended, with respect to Phase One of the Development;

And Whereas the requirements of the Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects have been satisfied, and the Ministry of Natural Resources and Forestry filed a Statement of Completion, as may be amended, with respect to a portion of Phase Two of the Development;

And Whereas the requirements of the Class Environmental Assessment for Provincial Parks and Conservation Reserves, 2005, have been satisfied and the Ministry of the Environment, Conservation and Parks filed a Statement of Completion, as may be amended, with respect to a portion of Phase Two of the Development;

And Whereas the requirements of the Class Environmental Assessment for Minor Transmission (Ontario Hydro 1992) have been satisfied, as may be amended, with respect to a portion of Phase Two of the Development;

And Whereas the Wataynikaneyap Power GP Inc. on behalf of Wataynikaneyap Power LP received Leave to Construct, subject to conditions, by the Ontario Energy Board on April 1, 2019;

And Whereas a portion of the Development is located in an area of the Far North for which there are no community based land use plans;

And Whereas the Development is a development within the meaning of paragraph 5 of subsection 12(1) of the Act;

Now therefore pursuant to subsection 12(4) of the Act, after taking into account the objectives set out in section 5, it is by order determined that the Development is in the social and economic interests of Ontario;

Therefore pursuant to subsection 12(4) of the Act, Wataynikaneyap Power GP Inc. in its capacity as general partner of Wataynikaneyap Power LP is exempt from the prohibition on development set out at subsection 12(1) of the Act.