MNR-75/2

Order made under subsection 3.2(1) of the
Environmental assessment act

Amending the Order Regarding the Ministry of Natural Resources and
Forestry Environmental Assessment Approval for
Forest Management on Crown Lands in Ontario

Having received a request from the Director of the Crown Forests and Lands Policy Branch of the Ministry of Natural Resources and Forestry (MNRF), dated October 22, 2015, to amend the Order made under the Environmental Assessment Act Regarding the Ministry of Natural Resources and Forestry Environmental Assessment Approval for Forest Management on Crown Lands in Ontario (referred to as Declaration Order MNR-75) pursuant to subsection 3.2(1) of the Act

Having considered the conditions set out in Declaration Order MNR-75, and in particular Condition 58 of Declaration Order MNR-75;

Having considered the request from MNRF to amend MNR-75 to allow forest management activities in the Cat-Slate Forest, including conditions regarding Cat Lake and Slate Falls First Nations’ customary stewardship practices and to facilitate Cat Lake and Slate Falls First Nations’ involvement in forest management to provide enhanced social and economic benefits for the communities;

Having considered the comments submitted by the public, stakeholders and the Government Review Team with respect to the proposed amendment to Declaration Order MNR-75, which was posted as Regulation Proposal # 012-7565 on the Environmental Registry between September 26, 2016 and November 25, 2016;

Having been advised by MNRF that if the amendments are not made, the following injury, damage or interference with persons and property will occur:

  • A loss of significant opportunities for Cat Lake First Nation and Slate Falls Nation to advance their social and economic situation if MNRF does not have the necessary authority under the Environmental Assessment Act (Act) to proceed with forest management activities on Crown lands in the Cat-Slate Forest in a timely manner.
  • A delay in the efforts of Cat Lake First Nation and Slate Falls Nation to proceed expeditiously with an economic development opportunity, particularly given the investment of effort, time and resources by MNRF, Cat Lake First Nation and Slate Falls Nation.
  • An impediment to the opportunity for job creation and increased employment for the peoples of Cat Lake First Nation and Slate Falls Nation, especially its youth, through value-added forestry.

Having weighed such injury, damage or interference with the betterment of the people of the whole or any part of Ontario by providing for the protection, conservation and wise management in Ontario of the environment which would result from the failure to amend Declaration Order MNR-75 to allow forest management activities to occur in the Cat-Slate Forest, the undersigned is of the opinion that it is in the public interest to make this order to amend Declaration Order MNR-75.

The undersigned, through this order, hereby amends Declaration Order MNR-75 as follows:

  1. The following definitions are added in the appropriate alphabetical order to the section titled Definitions set out at the start of Declaration Order MNR-75:
    “Cat-Slate Forest”
    means the area consisting of approximately 1.5 million hectares of Crown land that includes the entire area addressed in Niigaan Bimaadiziwin—A Future Life (July 2011).
    "MECP"
    means the Ministry of the Environment, Conservation and Parks.
    "MECP Director"
    means the Director of the MECP branch responsible for this Declaration Order.
  2. The definitions “MOECC” and “MOECC Director” are hereby deleted.
  3. All occurrences of the terms MOECC and MOECC Director in Declaration Order MNR-75 are hereby deleted and replaced by the term MECP and MECP Director respectively.
  4. Condition 0.1 is hereby added before Condition 1:

    Schedule 1 - Area of the Undertaking
    0.1 The area in which the undertaking may be carried out consists of an area of approximately 46.5 million hectares, extending throughout the central portion of the province from the Quebec border to the Manitoba border, of which approximately 38.9 million hectares are Crown lands. The area is as shown on the map in Schedule 1 to the Declaration Order.

  1. Condition 19 is deleted and replaced with the following new Condition 19:

Customary Stewardship for the Whitefeather and Cat-Slate Forests

  1. The Forest Management Planning Manual shall include the following requirements for the incorporation of customary stewardship practices in forest management planning for the:
    1. Whitefeather Forest:
      1. Pikangikum First Nation’s customary decision-making approach shall be incorporated by:
        1. describing the role of Pikangikum First Nation elders in forest management planning;
        2. providing an opportunity for Pikangikum First Nation to select its representative(s) on the planning team; and
        3. providing an opportunity for Pikangikum First Nation to build community consensus at each stage of the planning process prior to formal public consultation.
      2. The approach to incorporating Pikangikum indigenous knowledge in forest management planning shall be documented in the Aboriginal Background Information Report.
      3. Reports on the implementation of the Forest Management Plan shall be provided to Pikangikum First Nation from time to time.
    2. Cat-Slate Forest:
      1. Cat Lake First Nation’s and Slate Falls Nation’s customary decision-making approach shall be incorporated by:
        1. describing the role of Cat Lake First Nation’s and Slate Falls Nation’s elders in forest management planning;
        2. providing an opportunity for Cat Lake First Nation and Slate Falls Nation to select representatives on the planning team; and
        3. providing an opportunity for Cat Lake First Nation and Slate Falls Nation to build community consensus at each stage of the planning process prior to formal public consultation.
      2. The approach to incorporating Cat Lake and Slate Falls Indigenous knowledge in forest management planning shall be documented in the Aboriginal Background Information Reports.
      3. Reports on the implementation of the Forest Management Plan shall be provided to Cat Lake First Nation and Slate Falls Nation from time to time.

Condition 20 is deleted and replaced with the following new Condition 20:

Background Information

  1. In addition to the requirements of Condition 4, the Forest Management Planning Manual shall require that for the:
    1. Whitefeather Forest:
      • the background information, which shall be available for use in forest management planning for each management unit, shall also include Pikangikum Indigenous knowledge for the Whitefeather Forest, as provided by Pikangikum First Nation for this purpose.
    2. Cat-Slate Forest:
      • the background information, which shall be available for use in forest management planning for each management unit, shall also include Cat Lake and Slate Falls Indigenous knowledge, as provided by Cat Lake First Nation and Slate Falls Nation for this purpose.
  1. Condition 22 is deleted and replaced with the following new Condition 22:

Strategic Access Approach

  1. In addition to the requirements of Conditions 12 and 13, the Forest Management Planning Manual shall also include the following requirements for access roads which shall apply in forest management planning for the:
    1. Whitefeather Forest:
      1. The planning of all Primary, Branch and Operational Roads in the Forest Management Plan shall be guided by:
        1. the objective to maintain remoteness as a defining feature in the forest as set out in Keeping the Land: A Land Use Strategy for the Whitefeather Forest and Adjacent Areas (June 2006), and
        2. direction for access development and management, as set out in Keeping the Land: A Land Use Strategy for the Whitefeather Forest and Adjacent Areas (June 2006)
      2. A description of how the requirements of clause (a) of this Condition have been addressed in the Forest Management Plan shall be provided in the supporting documents that accompany the Forest Management Plan.
    2. Cat-Slate Forest:
      1. The planning of all Primary, Branch and Operational Roads in the Forest Management Plan shall be guided by:
        1. the objective to maintain remoteness as a defining feature in the forest as set out in Niigaan Bimaadiziwin—A Future Life (July 2011), and
        2. direction for access development and management, as set out in Niigaan Bimaadiziwin—A Future Life (July 2011)
      2. A description of how the requirements of clause (a) of this Condition have been addressed in the Forest Management Plan shall be provided in the supporting documents that accompany the Forest Management Plan.
  1. Condition 23 is deleted and replaced with the following new condition 23:

Monitoring Program

  1. In addition to the requirements of Condition 18, the Forest Management Planning Manual shall require that the monitoring descriptions in the monitoring program in a forest management plan for the:
    1. Whitefeather Forest:
      1. include opportunities for Pikangikum First Nation elders, trappers and other community members to participate in monitoring to gather and record Pikangikum indigenous knowledge.
    2. Cat-Slate Forest:
      1. include opportunities for Cat Lake First Nation and Slate Falls Nation elders, trappers and other community members to participate in monitoring to gather and record Cat Lake and Slate Falls indigenous knowledge.
  1. Condition 57 is amended by adding the following new requirement:
    1. (xii) the following information for the Cat-Slate Forest
      • a description of the implementation of Conditions 19 and 22 in the forest management planning process.
  2. The map and text set out in Schedule 1 to Declaration Order MNR-75 is deleted and replaced with the following map.

Schedule 1 - Area of Undertaking - Whitefeather Forest and Cat-Slate Forest are indicated by shaded areas

Dated the 22 day of April, 2019 at Toronto.

[Original Signed by]
Minister of the Environment, Conservation and Parks

Approved by O.C. No.________/__________
Date O.C. Approved____________________

Environmental Assessment and Permissions Branch Contact:
Sarah Paul, Assistant Deputy Minister
Telephone No.:416-314-9530
EA File No.:04-05-04

Order in Council 642/2019