Declaration order

Having received a request from the Ministry of Natural Resources (MNR) that an undertaking, namely:

Forest management activities within the minimum buffer zone, delineated by the map in Schedule A and referred to in this Order as the zone, as required by the Minister of the Environment, pursuant to Ontario Regulation 2/85 and as amended by Ontario Regulation 493/92,

be declared not subject to section 5 of the Act pursuant to section 3.2; and,

Having been advised by the MNR that if the undertaking is subject to the application of the Act, through the requirement for an Environmental Assessment, the following injury, damage or interference with the persons and property indicated will occur.

  1. The Crown, Sustainable Forest Licence (SFL) holders, dependent communities within the zone, and the public will be interfered with and damaged through the loss of anticipated benefits resulting from the unnecessary delay and expense of having to continue preparation of, and submit, an Environmental Assessment when the public concerns about the potential impacts on remote tourism can be adequately addressed through the requirements of other statutes; existing Class Environmental Assessment requirements approved pursuant to the Environmental Assessment Act; the new Ontario Living Legacy (OLL) Land Use Strategy (LUS) identification of recommended new provincial parks; confirmation of park boundaries and uses through the park management planning process and the Ontario Forest Accord; and, MNR guidelines for forest management activities.
  2. The Crown will be interfered with and damaged by the unnecessary expense required to complete an Environmental Assessment for the undertaking, and other parties with an interest in the undertaking will incur unnecessary expense to participate in the Environmental Assessment process for an undertaking for which previously anticipated adverse effects on tourism in the zone can be prevented or mitigated.
  3. The public will experience undue damage in both the expense of time and money to participate in the completion of the Environmental Assessment.

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment which would result from the undertaking being subject to the further application of section 5 of the Act;

The undersigned is of the opinion that it is in the public interest to declare and declares that the undertaking is not subject to the application of Section 5 of the Act for the following reasons:

  1. The concerns that were raised by tourism operators in their designation request in 1990 for forest management activities in the zone have been resolved, in part, by the identification of 30,130 ha of the zone as recommended provincial parks under the OLL LUS. which includes:

    1. Algoma Headwaters Provincial Park – a natural environment park:
    2. Goulais River Provincial Park – a waterway park; and,
    3. Aubinadong-Nushatogaini Rivers Provincial Park – a waterway park.

    Pursuant to provisions of the OLL LUS, interim protection from forest management activities has been applied by the MNR to these proposed provincial parks areas until such time as the parks may be created. If the parks are made by regulation by the Lieutenant Governor in Council, forest management activities will not be permitted in these protected areas, with the exception of certain limited access matters for linear shaped parks as described in paragraph 20 of the 1999 Ontario Forest Accord. The new provincial parks would be required to be managed in accordance with the Provincial Parks Act, which provides for the creation of parks and the preparation of park management plans. The creation, planning and management of the new parks would be exempt, subject to terms and conditions, from the requirements of the Environmental Assessment Act by Exemption Order 59/2 (Ontario Regulation 83/94), and Declaration Order MNR-65.

  2. The remaining portions of the zone (23,674 ha) are designated as General Use pursuant to the OLL LUS. Forest management activities will be permitted in the General Use area but will be carried out in accordance with the requirements of:

    • the Decision of the Environmental Assessment Board , released April 20, 1994, as may be amended and extended from time to time, with respect to the Class Environmental Assessment by the Ministry of Natural Resources for Timber Management on Crown Lands in Ontario;
    • the Crown Forest Sustainability Act, 1994 (CFSA);
    • the Forest Management Planning Manual as a requirement of the CFSA; and,
    • the Forest Operations and Silviculture Manual as a requirement of the CFSA.

    The CFSA is designed to allow for the management of all forest-based values, including tourism, which is implemented through the associated manuals.

  3. MNR will utilize the Management Guidelines for Forestry and Resource Based Tourism in the development of the next Forest Management Plan(s) (FMP) or FMP amendment(s) for forest management activities in the General Use area.
  4. The Memorandum of Understanding for the Tourism and Forest Industry, January 2001, encourages the development of business agreements between the forest and tourism industries. MNR will provide an opportunity for the forest and tourism industries to utilize the Resource Stewardship Agreement (RSA) process pursuant to the Memorandum. The RSA will serve to protect tourism values in remote and semi-remote locations, while providing access to necessary timber supplies.
  5. The local public and stakeholders have been engaged through consultation to determine the public’s views on the proposed undertaking. No person identified any reason not to pursue this undertaking, based on the land use changes in the zone, the proposed establishment by regulation of the provincial parks, and the commitments by the MNR to apply the Management Guidelines for Forestry and Resource Based Tourism in the development of the FMP(s) for the zone, and to provide the opportunity to develop an RSA pursuant to the Memorandum of Understanding for the Tourism and Forest Industry, January 2001.

This Declaration Order is subject to the following terms and conditions:

  1. The activities which are the subject of this Order, where carried out in the General Use area as identified in the OLL LUS, shall be carried out in accordance with the Decision of the Environmental Assessment Board, released April 20, 1994, with respect to the Class Environmental Assessment by the Ministry of Natural Resources for Timber Management on Crown Lands in Ontario, as may be amended, revised or replaced from time to time.
  2. MNR shall utilize the approved Management Guidelines for Forestry and Resource Based Tourism, as may be amended, revised or replaced from time to time, in the development of the next FMP(s) or FMP amendment(s) for forest management activities in the zone’s General Use area. In addition, the MNR shall provide an opportunity for the forest and tourism industries to utilize the RSA process pursuant to the Memorandum of Understanding for the Tourism and Forest Industry, as may be amended, revised or replaced from time to time.
  3. The MNR shall advise all tourism operators, SFL holders and other members of the public and government agencies previously consulted on the proposal for this Order, and any additional tourism operators, groups or individuals deemed by the MNR to have an interest in this Order, in writing of the approval of this Order. In doing so, the MNR shall provide a copy of the approved Order, and an explanation of the purpose and effect of the Order and the terms and condition of the Order.

Original signed by:
Minister of the Environment

Environmental assessment file number: NR-SA-04