Current status

On March 3, 2023 the Minister of the Environment, Conservation and Parks approved, with an amendment, the Terms of Reference for the preparation of an environmental assessment (EA) for this project.

Get details on the notice of approval.

Project summary

Marten Falls First Nation and Webequie First Nation are proposing to build, operate and maintain an all-season multi-use road and associated infrastructure between the community access road that has been proposed by Marten Falls First Nation and the supply road that has been proposed by Webequie First Nation.

The new road would connect to the proposed Ring of Fire mining development area.

Both Marten Falls First Nation and Webequie First Nation have signed a voluntary agreement with the Ministry of the Environment, Conservation and Parks for their projects to follow the individual environmental assessment process under Ontario’s Environmental Assessment Act for the proposed Northern Road Link.

Learn more on the Northern Road Link project website.

Proponent

Marten Falls First Nation and Webequie First Nation

Location

Northern Ontario (from the proposed Marten Falls community access road to the proposed Ring of Fire mining development area)

Project type

Transportation

Reference number

20019

Contact

Sasha McLeod, Environmental Assessment Branch

Dorothy Moszynski, Environmental Assessment Branch

Project history

Terms of reference: submitted
Date submitted: April 29, 2022
Expiry of public comment period: June 28, 2022
Decision date: March 3, 2023

Voluntary agreement: signed
Signature date: October 28, 2020

Terms of reference

A proposed Terms of Reference was submitted to the Ministry of the Environment, Conservation and Parks on April 29, 2022, for review and decision under the Environmental Assessment Act.

On March 3, 2023 the Minister of the Environment, Conservation and Parks approved the Terms of Reference with an amendment that the minister considers necessary.

Ontario has taken an active role in consultation with potentially affected Indigenous communities throughout the Terms of Reference process for the proposed road. All comments received during the consultation period were considered before a decision was made by the minister.

Ontario is committed to meeting our duty to consult with Indigenous communities and will maintain an open and clear dialogue during the environmental assessment process.

Preparing a Terms of Reference is the first step in the environmental assessment process. The approved Terms of Reference sets out in detail the requirements for the preparation of Webequie First Nation and Marten Falls First Nations’ environmental assessment.

Webequie First Nation and Marten Falls First Nation may now proceed with preparing their environmental assessment in accordance with the approved Terms of Reference.

Notice of approval

Environmental Assessment Act subsection 6(4) approval of the Terms of Reference for the preparation of an environmental assessment.

Proponent: Marten Falls First Nation and Webequie First Nation
Terms of Reference: Northern Road Link Project Environmental Assessment
Undertaking: The construction and operation of the Northern Road Link and ancillary facilities
EA File Number: 20019

As provided for by subsection 6(4) of the Environmental Assessment Act, R.S.O. 1990, c. E.18 (“the Act”), the proposed Terms of Reference submitted for approval to the Ministry of the Environment, Conservation and Parks on April 29, 2022, with the amendment which I consider necessary, which is set out in this notice, is hereby approved (“the approved Terms of Reference”).

Pursuant to subsection 6.1(1) of the Act, any environmental assessment for the above-noted undertaking, submitted to the Ministry of the Environment, Conservation and Parks pursuant to subsection 6.2(1) of the Act, must be prepared in accordance with the approved Terms of Reference.

Reasons

I am satisfied that an environmental assessment prepared in accordance with the approved Terms of Reference will be consistent with the purpose of the Act and the public interest for the following reasons:

The amendment in this Notice of Approval contains additional requirements to ensure that all commitments that have been made by the proponent during the preparation of the Terms of Reference and following submission of the Terms of Reference will be included in the environmental assessment.

The approved Terms of Reference includes consultation requirements that are intended to provide for appropriate input during the environmental assessment by any interested person.

The approved Terms of Reference provides adequate rationale for focusing the environmental assessment.

The approved Terms of Reference contains a sufficient level of detail to provide for an accurate assessment of the environmental effects of alternative methods of carrying out the proposed undertaking and the preferred undertaking.

There are no outstanding issues that have not been incorporated into the approved Terms of Reference, or that cannot be addressed during the preparation of the environmental assessment.

Amendment

To the extent that there is any conflict between the requirements outlined in the approved Terms of Reference and the amendment below, it is the amendment below that will take precedence.

1. Terms of Reference Commitments

To ensure that all new commitments the proponent has made during the Terms of Reference review process will be captured in the environment assessment, and to ensure the table of commitments will be well organized and traceable, Section 9.0 (Commitments) and Appendix E (Terms of Reference Commitments) of the Terms of Reference are amended as follows:

1.1 – Terms of Reference Section 9.0 (Commitments):

Starting at the paragraph that begins “Appendix E,” new text is added to the end of Section 9 of the Terms of Reference as shown in italics:

Appendix E contains the commitments made during the ToR stage of the Project. This table of commitments will be revised to include all new commitments that the proponent has made, following the submission of the ToR, in the tables the proponent prepared in response to comments from Indigenous communities, interested persons, and government agencies. The proponent will include the revised table in the draft and final EA/IAs.

In updating the table of commitments, the proponent will:

  • Remove any commitments from the table that duplicate commitments already included in the body of the approved ToR
  • Remove any duplicate commitments within the table
  • Include, at minimum, the following in the table:
    • A unique commitment number for each commitment
    • For each commitment, the relevant section(s) of the approved ToR to which it applies
    • For each commitment, a cross-reference to the relevant comment number(s)
    • A column for the proponent to identify where or how each commitment has been dealt with in the EA/IA

1.2 – Terms of Reference Appendix E (Terms of Reference Commitments):

An introductory statement above the commitments table is added to Appendix E of the Terms of Reference as shown in italics:

This table of ToR commitments will be revised in accordance with the ToR Notice of Approval and included, as revised, in the draft and final EA/IAs.

Dated the 3rd day of March 2023 at Toronto.

Original signed by:

Minister of the Environment, Conservation and Parks
777 Bay Street, 5th Floor
Toronto, Ontario
M7A 2J3

Voluntary agreement

Projects by First Nation proponents are not automatically subject to the Environmental Assessment Act. A voluntary agreement is an administrative agreement that allows a proponent to follow the requirements of the Environmental Assessment Act.

On October 28, 2020, Marten Falls First Nation and Webequie First Nation entered into a voluntary agreement with the Ministry of the Environment, Conservation and Parks to make the Northern Road Link project subject to the requirements of the Environmental Assessment Act.

Agreement

This agreement is made in triplicate,

Among:

Marten Falls First Nation and its agents, successors and permitted assigns

And:

Webequie First Nation and its agents, successors and permitted assigns

(collectively “Proponents”, individually “Proponent”)

And:

Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment, Conservation and Parks

(collectively, the “Parties”)

Concerning

The proposed construction, operation and maintenance of an all-season multi-use road and all associated infrastructure, between the community access road that has been proposed by Marten Falls First Nation and the supply road that has been proposed by Webequie First Nation, and connecting to the proposed Ring of Fire mining development area. The proposal is known as the Northern Road Link Project (“Undertaking”).

Whereas section 3.0.1 of the Environmental Assessment Act, R.S.O. 1990, c. E.18 (“Environmental Assessment Act”) states:

A person, other than a person referred to in clause 3 (a), who carries out, proposes to carry out or is the owner or person having charge, management or control of an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity may enter into a written agreement with the Minister to have this Act apply to the enterprise, activity, proposal, plan or program;

And whereas the Proponents are persons, other than persons referred to in clause 3 (a) of the Environmental Assessment Act, who propose to carry out or are the owners or persons having charge, management or control of an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity which is described above as the Undertaking;

And whereas the Proponents have requested that the Environmental Assessment Act apply to the Undertaking, such that the Proponents will carry out an environmental assessment process in respect of the Undertaking.

The Minister and the Proponents therefore agree that the Environmental Assessment Act applies to the Undertaking.

The assignment of the whole or any part of the Agreement shall require the written agreement of all Parties. Such assignment shall be subject to any terms and conditions that may be agreed to by the Parties.

The Agreement may be executed by the Parties in counterparts and may be executed and delivered by facsimile or other electronic means and all the counterparts and facsimile or other electronic transmissions together constitute one and the same agreement.

The Agreement shall take effect from the date of the last signature below and shall continue indefinitely unless terminated by the agreement of all Parties, in writing.

Executed by:

Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment, Conservation and Parks

Original signed by:

Jeff Yurek
Minister of the Environment, Conservation and Parks
Date: October 28, 2020

Bruce Achneepineskum
Chief, Marten Falls First Nation
Date: October 14, 2020
I have the authority to bind Marten Falls First Nation.

Cornelius Wabasse
Chief, Webequie First Nation
Date: October 9, 2020
I have the authority to bind Webequie First Nation.