Amendment to Crown Land Use Policy and the Transfer of Certain Non-Park Lands and Lands under Water to the Lake Superior National Marine Conservation Area (Amendment #2007-05)

Proposal updates

This notice was updated on February 16, 2016 to advise the public that there has been no change to the status of this proposal and it is still being considered. No additional opportunity for comment is being provided for at this time.

Description of policy

On October 25, 2007 Canada and Ontario signed a Memorandum of Agreement (MOA) respecting the establishment of a National Marine Conservation Area in Lake Superior. Part of the Parks Canada system of protected areas, National Marine Conservation Areas (NMCAs) are established and managed for the purpose of protecting and conserving representative marine areas for the benefit, education and enjoyment of the people of Canada and the world. A copy of the NMCA MOA is available for viewing on the Ontario Parks website at www.ontarioparks.com/planning.

Under the MOA, Ontario has agreed to transfer approximately 1 million hectares of land and land under water to the federal Crown for the purposes of establishing the NMCA and to manage these lands on an interim basis until they are transferred. The formal transfer is not expected for several years.<

Generally, the Crown lands to be transferred are located in the north-central part of Lake Superior, between Thunder Cape on the west and Bottle Point on the east and south to the International border. In addition to the bed of Lake Superior (i.e., land under water), the following lands are also included: most islands less than 100 hectares in size; a selected number of larger islands; the Nipigon River up to Gapen's Pool (Lake Helen); and four small mainland portions along the north shore of Lake Superior.

To prepare for the future transfer of the NMCA lands to Canada, Ontario proposes to:

• amend the Ministry of Natural Resources (MNR)’s Crown Land Use Policy Atlas to place all of the affected Crown lands and lands under water within a new single land use area, the Lake Superior NMCA General Use Area (G2705), and
• establish interim land use direction for the area to ensure that only land uses compatible with the NMCA are permitted.

An amendment to MNR’s Crown Land Use Policy Atlas is being proposed to place portions of the following land use areas into a new Lake Superior NMCA General Use Area (G2705), and to ensure that only compatible land uses are permitted until the lands are transferred to Canada: recommended Lake Superior Archipelago Conservation Reserve (C2245), Lake Superior Shoreline Enhanced Management Area (E2233g), Black Bay Peninsula Enhanced Management Area (E2241w), Rural Areas General Use Area (G2625), Lake Superior (Thunder Bay) General Use Area (G2626), Lake Superior (Nipigon) General Use Area (G2680), Stirling Township General Use Area (G2681) and Nipigon/Red Rock General Use Area (G2682).

The proposed Land Use Amendment, including maps and policy reports, can be viewed on MNR’s Crown Land Use Policy Atlas at http://www.ontario.ca/crownlandatlas under Amendment #2007-05.

If the proposed amendment proceeds, then a regulation to rescind the boundary of the Agate Island Wilderness area will be made.

Purpose of policy

To obtain public input on whether the proposed boundary of the new Lake Superior NMCA General Use Area (G2705) is an accurate representation of the NMCA lands as described in the MOA and whether the proposed interim land use policy for the Lake Superior NMCA General Use Area (G2705) meets Ontario’s obligations under the MOA to manage these lands in a manner that is compatible with the future NMCA.

Other information

Subject to the completion of public consultation, a regulation under the Wilderness Areas Act will be required to rescind the boundary of Agate Island Wilderness Area. (i.e., so that it may be included in the NMCA). No separate public notice will be undertaken as part of the deregulation process.

Amending the boundary of the recommended Lake Superior Archipelago Conservation Reserve (C2245) and the eventual disposition of the Crown lands removed from the conservation reserve are undertakings subject to MNR’s Class Environmental Assessment for Provincial Parks and Conservation Reserves. The disposition of other Crown lands to Canada is an undertaking subject to MNR’s Class Environmental Assessment for Resource Stewardship and Facility Development Projects.

This Environmental Registry posting addresses proposed changes to Crown land use policy related to the interim management and transfer of NMCA lands that are not currently designated as provincial parks. A separate land use amendment proposal (Amendment #2007-34) has been posted on MNR’s Crown Land Use Policy Atlas that includes revised land use policy for five provincial parks affected by the NMCA Agreement, three of which are subject to park management plan amendments (see EBR Registry Number: 010-5976). These lands are also intended to be placed in the new Lake Superior NMCA General Use Area (G2705). Additional information on the park management plan amendments is available for viewing on the Ontario Parks website www.ontarioparks.com/planning. The Lake Superior National Marine Conservation Area website address is: http://www.pc.gc.ca/amnc-nmca/on/super/index_e.asp.

An alternative to the government contact is:

Joseph Lilly, Heritage Planner
Parks Canada
Lake Superior National Marine Conservation Area
214 Red River Road, Suite 301
Thunder Bay, ON P7B 1A6
Telephone: (807) 346-2909

Other public consultation opportunities

Methods of notification will include:

• pre-consultation with local First Nations communities;
• mailing to First Nations’ communities, agencies, interest groups, local politicians (municipal and provincial) and adjacent property owners;
• posting of information on the Ontario Parks website;
• paid advertisement in local newspapers.

If approved, the land use amendments will be made available to the public. Briefing sessions to various groups may take place, however there will be no further public consultation at that point.