Amendment of the Ministry of Natural Resources and Forestry’s declaration order MNR-75 regarding Environmental Assessment Act requirements for forest management on Crown Lands in Ontario

Description of regulation

On October 22, 2015, the Ministry of Natural Resources and Forestry (MNRF) submitted a request to the Ministry of the Environment and Climate Change (MOECC) to revise Declaration Order MNR-75. The request was to apply the conditions of Declaration Order MNR-75 to the Cat-Slate Forest in order to extend Environmental Assessment Act (EAA) coverage to this area. The proposed amendment is based on the approved Cat Lake - Slate Falls Community Based Land Use Plan Niigaan Bimaadiziwin – A Future Life 2011, which was prepared in accordance with the Far North Act and is posted on the provincial website.

The Cat-Slate Forest is located north of Sioux Lookout, adjacent to the Whitefeather Forest, in Northwestern Ontario. The Cat-Slate Forest covers approximately 1.5 million hectares (ha), with approximately 500,000 ha identified as Dedicated Protected Areas. Forest management is identified as a permitted land use in the remaining General Use Areas and Cultural Heritage Enhanced Management Areas. The Cat-Slate Forest environment is similar to that of the northwestern portions of the existing Area of the Undertaking and the Whitefeather Forest.

The following amendments to Declaration Order MNR-75 are proposed specific to the Cat-Slate Forest:

1. revise the Area of the Undertaking (Schedule 1) by adding the Cat-Slate Forest; and
2. add community specific conditions (Conditions 19.2, 20.2, 22.2, 23.2 and 57 (c) (iii)), as follows.

Management unit specific direction

Cat Lake First Nation’s and Slate Falls Nation’s (Cat-Slate Forest) Customary Stewardship

19.2 The Forest Management Planning Manual shall include the following requirements for the incorporation of Cat Lake First Nation’s and Slate Falls Nation’s customary stewardship practices in forest management planning for the 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 First Nation’s and Slate Falls Nation’s 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.

Background information

20.2 In addition to the requirements of Condition 4, the Forest Management Planning Manual shall require that the background information, which shall be available for use in forest management planning for the Cat-Slate Forest, shall also include Cat Lake and Slate Falls Aboriginal traditional knowledge, as provided by Cat Lake First Nation and Slate Falls Nation for this purpose.

Strategic access approach

22.2 In addition to the requirements of Conditions 12 and 13, the Forest Management Planning Manual shall also contain requirements for access, which shall apply in forest management planning for the Cat-Slate Forest. Those requirements shall include the following:

1. The planning of all primary, branch and operational roads in a Forest Management Plan shall be guided by:
   1. the objective to maintain remoteness as a defining feature in the Cat-Slate Forest, as set out in the community based land use plan for the Cat-Slate Forest; and
   2. the direction for access development and management, as set out in the community based land use plan for the Cat-Slate Forest.
2. A description of how the requirements of (a) of this Condition have been addressed in the Forest Management Plans shall be provided in the supplementary documentation that accompanies the Forest Management Plans.

Monitoring program

23.2 In addition to the requirements of Condition 18, the Forest Management Planning Manual shall require that the monitoring descriptions in the monitoring program in Forest Management Plans for the Cat-Slate Forest also 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 Aboriginal traditional knowledge.

Five-year EA reports

57. (c) The Five-Year EA Report shall include the following information for the Cat-Slate Forest:

• a description of the implementation of Conditions 19, 21 and 22 in the forest management planning process.

The MNRF conducted public and Aboriginal consultation during the development of the request as outlined in the ‘Public Consultation’ section of this notice.

Purpose of regulation

Declaration Order MNR-75 provides EAA coverage for forest management on 43 million ha of Crown lands in the area of Ontario that is north of agricultural southern Ontario. Forest management under this order comprises the interrelated activities of access, harvest, renewal, maintenance and their planning.

Declaration Order MNR-75 sets out conditions that MNRF must meet, including conditions related to environmental protection, supporting science and information sharing related to climate change, public consultation and a process for proposing amendments to the Order. The Crown Forest Sustainability Act (CFSA) and its associated regulations and manuals provide additional legal direction for forest management on Crown lands in Ontario.

The MNRF followed the amendment provisions of the Declaration Order (Condition 58 of MNR-75) in developing the request. The MNRF has undertaken consultation on the requested amendment submitted to the MOECC.

The proposed amendment will extend EAA coverage to the Cat-Slate Forest, enabling forest management of the Cat-Slate Forest and providing for the protection, conservation and wise management of this environment. The proposed amendment will allow the communities of Cat Lake and Slate Falls to realize the employment, economic and social benefits of responsible forest management.

The proposed amendment does not affect the way in which forest management can occur in existing Forest Management Units.

The MOECC has reviewed the MNRF’s request and is, through this EBR posting and direct letters to interested persons, agencies and Aboriginal communities, seeking input regarding the amendment to Declaration Order MNR-75. The MOECC is seeking input on the proposed amendment and not on all aspects of the Declaration Order.

All comments received will be taken into consideration before a final decision is made on the proposed amendment to Declaration Order MNR-75.

Other information

The MNRF worked in partnership with the Cat Lake and Slate Falls First Nations to prepare the amendment, which involved cross-cultural dialogue and comprehensive awareness of the Cat-Slate Forest environment. The First Nations support the request for EAA coverage for forest management in the Cat-Slate Forest.

Prior to proceeding with forest management, the Cat-Slate Forest will need to be designated as a Forest Management Unit under the CFSA and a forest management plan developed and approved in accordance with the requirements of the CFSA and its regulated manuals.

Public consultation

This proposal was posted for a 60 day public review and comment period starting September 26, 2016. Comments were to be received by November 25, 2016.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.

Other public consultation opportunities

The MOECC is seeking input from the public and interested stakeholders on the amendment to Declaration Order MNR-75. The MOECC is seeking input only on the proposed amendment and not on all aspects of the Declaration Order. Comments received will be taken into consideration before a final decision is made on the amendment to the Declaration Order.

The MNRF consulted on the Cat Lake - Slate Falls Community Based Land Use Plan “Niigaan Bimaadiziwin” – A Future Life, which was approved in July 2011. The MNRF and the communities made the report available to the public and sought input through the Provincial website as well as through an Information Notice which was posted on the Environmental Bill of Rights Environmental Registry (#010-4061).

In April 2014, comments were invited on the draft proposed amendment(s) to Declaration Order MNR-75 through an information notice on the Environmental Registry with the title: Preliminary Input for Seeking Approval under the Environmental Assessment Act for Forest Management on the Cat-Slate Forest, and provided a 45-day comment period (EBR #012-1366).

The MNRF also gave direct notice to known interested and potentially-affected persons and groups, including members of the Provincial Forest Policy Committee, Provincial Forest Technical Committee, select members of the Government Review Team, First Nation communities and tribal councils, forestry companies and associations, environmental non-governmental organizations (ENGOs), tourism operators and associations, and mining companies. A second round of consultation was undertaken in July 2014 with an additional 300 notification letters and emails. MNRF received written submissions from three parties on the Cat-Slate proposal and also received letters of support after the posting (from Cat Lake, Slate Falls, and Windigo Tribal council).

The MNRF considered the comments received, revised the draft request for amendment and submitted its formal request for amendment to the MOECC in October 2015. In November 2015, the MNRF provided notice that Ministry of the Environmental and Climate Change was in receipt of an amendment request (EBR #012-5602).

Regulatory impact statement

No significant negative effects to the natural environment are anticipated from the proposed amendment. The proposed amendment will provide the communities of Cat Lake and Slate Falls with the opportunity to realize the employment, economic and social benefits of responsible forest management, and a framework for the protection, conservation and wise management of this environment. Customary stewardship and strategic access requirements of this Declaration Order will further ensure environmental protection, conservation and wise resource management.