A Declaration Order has been granted pursuant to section 3.2 of the Environmental Assessment Act (EAA). The Declaration Order was approved on April 29, 2009 (662/2009). The Declaration Order provides EAA coverage for forest management in the Whitefeather Forest, subject to compliance with the terms and conditions set out in the Declaration Order. Forest management comprises the interrelated activities of access, harvest, renewal, maintenance and their planning on Crown lands. Ministry of Natural Resources (MNR) must prepare a Forest Management Planning Manual (FMPM) incorporating the planning conditions of the Declaration Order and a forest management plan (FMP) for the Whitefeather Forest.

The terms and conditions in the Whitefeather Forest Declaration Order set out an alternative process to the EAA, following the existing process of MNR’s forest management Declaration Order MNR-71. There are also new planning provisions to address specific features of the Whitefeather Forest. The terms and conditions in the Declaration Order will ensure that forest management in the Whitefeather Forest includes public consultation, forest monitoring and reporting, as well as specific requirements for preparing FMPs. The other conditions will also ensure that Pikangikum First Nation's customary stewardship and a strategic approach to the planning of access roads is incorporated into forest management planning, and that a continuous supply of habitat for woodland caribou, both over time and space, is sought for the Whitefeather Forest.

The Declaration Order for forest management in the Whitefeather Forest is in keeping with the direction of the community-based land use strategy completed cooperatively by MNR and Pikangikum First Nation, documented in Keeping the Land: A Land Use Strategy for the Whitefeather Forest and Adjacent Areas (Keeping the Land), which was completed in June 2006. As reflected in Keeping the Land, Pikangikum First Nation is interested in pursuing commercial forest management on the Whitefeather Forest. Keeping the Land sets out objectives and provides guiding direction for the manner in which forestry would take place in the Whitefeather Forest.  Of the approximately 1.2 million hectares that comprise the Whitefeather Forest, 436,000 hectares (36 percent) have been identified in Keeping the Land as Dedicated Protected Areas, in which certain forest management activities, including commercial forestry, cannot be carried out.

The land use strategy set out in Keeping the Land follows the principles of the Northern Boreal Initiative, established in 2000, which sets out a framework for the development of northern Ontario. The land use strategy also meets the intent of the Far North Planning Initiative, announced by the Government of Ontario on July 14, 2008, which includes working with individual Aboriginal communities to complete a local land-use planning process and a plan to protect 225,000 square kilometres of the Far North boreal region.  

The Declaration Order will allow Pikangikum First Nation to begin developing its economic opportunities, through forest management planning and the development of the Whitefeather Forest Management Corporation.  This corporation is a forest company owned by Pikangikum First Nation, and will be responsible for forest management planning in the Whitefeather Forest.

Public Consultation on the proposal for this decision was provided for 45 Days, from June 24, 2008 to August 08, 2008.

As a result of public consultation on the proposal, the Ministry received a total of 27 comments: 18 comments were received in writing and 9 were received online.

Additionally, a copy of all comments are available for public viewing by contacting the Contact person listed in this notice.

The proposal for a Declaration Order was posted on the Environmental Bill of Rights, 1993 Environmental Registry with a public comment period from June 24, 2008 to August 8, 2008. Twenty-seven comments were received.  Of the nine (9) online submissions; one (1) did not pertain to the Whitefeather Forest submission and is not available for viewing.

Eighteen of the comments submitted from the public and Aboriginal associations or individual communities indicated strong support for the economic development opportunity for Pikangikum First Nation through forest management in the Whitefeather Forest.

Of the eight comments from the government review team, no substantial concerns about the Declaration Order were raised and there were no outstanding government agency issues that could not be addressed through the terms and conditions of the Declaration Order or through other processes, such as the development of additional protocols between MNR and other agencies, if warranted.

Concerns were jointly raised by several environmental groups about the potential environmental impacts of allowing commercial forestry to proceed in a remote and intact forest, contributing to loss of habitat for the threatened woodland caribou, and the impacts of logging in the northern boreal forest on climate change. Concerns were also raised about the rationale for moving forward with a Declaration Order and the piecemeal approach to Far North planning.

Concerns about forest management occurring in a remote and intact forest were addressed through the terms and conditions of the Declaration Order. This includes requiring a strategic approach to access planning to minimize road construction, and incorporating planning strategies to maintain remoteness, which are in keeping with the direction in Keeping the Land and Pikangikum First Nation’s commitment to maintain remoteness on the landscape.

New provincial initiatives related to woodland caribou, namely the Endangered Species Act, 2007 (ESA) and associated caribou regulation, will apply to the Whitefeather Forest.  MNR will not be permitted to proceed with forest management, except for the establishment of committees and collection of background information, as described in the Declaration Order, until Ontario has published its response to the recovery strategy for woodland caribou (Forest-dwelling boreal population) under section 11(8) of the ESA (the Woodland Caribou Conservation Plan). On April 27, 2009, a draft Woodland Caribou Conservation Plan was published on the Environmental Registry for review and comment, for a 30-day period, meeting its requirements under subsection 11(8) of the ESA 2007 to identify and prioritize the actions the government intends to take in response to the final Recovery Strategy for Woodland Caribou. The Woodland Caribou Conservation Plan is being developed as a policy to guide woodland caribou conservation and recovery efforts in Ontario.

MNR is required to take into account the caribou regulation and related policies when preparing the first FMP.  In addition, the Declaration Order contains terms and conditions requiring an adaptive management approach to forest management and requiring that new information be incorporated into forest management through monitoring, reporting or other requirements in order to continuously improve forest management and mitigate environmental effects. This approach will have positive impacts on the maintenance of woodland caribou habitat in the Whitefeather Forest and in considering the impacts of forest management on climate change.

Concerns were also raised about the rationale for moving forward with a Declaration Order and the piecemeal approach to Far North planning through planning for one community, rather than planning for the entire northern boreal region.

In evaluating the rationale for the Declaration Order, all interests were considered and balanced. A Declaration Order is in the best interest of Pikangikum First Nation due to its urgent need for economic development. The approval of the Declaration Order will ensure consistent EAA coverage for forest management across the province. MNR has provided sound rationale that forest management for the Whitefeather Forest can be effectively planned and implemented by the provisions of Declaration Order MNR-71 with the additional conditions specific to the Whitefeather Forest.

With respect to Far North planning, community-based land use planning is an acceptable approach, as directed by the Far North Planning Initiative. The Whitefeather Forest approach illustrates key principles of a Far North Planning approach, including government commitment to community-based land use planning with full support of First Nation communities, and identification of protected areas that will contribute to an interconnected network of conservation lands.

All of the comments received were considered by the Minister before a decision was made.

Alissa Sugar
Special Project Officer
Ministry of the Environment
Operations Division
Environmental Assessment and Approvals Branch
2 St. Clair Avenue West
Floor 12A
Toronto Ontario
M4V 1L5
Phone: (416) 314-8311
Fax: (416) 314-8452