Update: The exemption from the Environmental Assessment Act for Crown undertakings related to any settlement of the Algonquin of Ontario land claim has been carried forward from Regulation 344 in the new Exemptions Ontario Regulation 51/24, Regulation 334 has been revoked. The Algonquin Land Claim Declaration Order has been amended to align with the new regulation. These changes maintain the exemption for certain Crown undertakings related to any settlement of the Algonquins of Ontario land claim.

Introduction

Proponent

Ministry of Aboriginal Affairs on behalf of:

  • Ministry of Natural Resources
  • Ministry of Northern Development and Mines
  • Ministry of Transportation
  • Ministry of Public Infrastructure Renewal/Ontario Realty Corporation

Location

Approximately 36,000 square kilometres in eastern Ontario, in the Ottawa and Mattawa River watersheds

Type

Other

Reference number

04066

Contact

Environmental Approvals Branch

Current status

Declaration order: 
Granted, August 22, 2007
Amended, July 20, 2023

Project history

Declaration order: granted
Date submitted: December 1, 2006
Expiry of public comment period: April 20, 2007
Decision date: August 22, 2007
Declaration order: amended 
Date amended: July 20, 2023

Consolidated version of the Algonquin Land Claim Declaration Order reflecting amendments approved in July 2023

Disclaimer

A consolidated version of the declaration order reflecting the July 2023 amendments is provided below. This consolidated version of the declaration order has been prepared only to assist with a reading of the result of the July 2023 declaration order amending the original order dated August 22, 2007.  

This consolidation is not an official version of the order that has resulted from the July 2023 amending order. In the event of any inconsistencies between this unofficial consolidated version and the official orders listed below, it is the official orders that govern:

Consolidated version of the Algonquin Land Claim Declaration Order reflecting amendments approved in July 20, 2023

Note:

  • The amending order includes the background and reasons for the amendments that are not reflected in the consolidated version.  Read the amending order that was approved on July 2023.
  • Note: All the references to the Ministry of the Environment have been replaced by Ministry of the Environment, Conservation and Parks.

Having received a request from the Ministry of Aboriginal Affairs (formerly the Ontario Secretariat for Aboriginal Affairs) that a class of undertakings on the part of the following proponents:

  • Ministry of Natural Resources
  • Ministry of Transportation
  • Ontario Realty Corporation
  • Ministry of Northern Development and Mines

Namely:

A project or activity (undertaking) that is being considered for inclusion in the settlement agreement which resolves the Algonquins of Ontario Aboriginal rights and title claim against the Crown ("Algonquin Land Claim Settlement Agreement"), in respect of which:

  1. One of the following notices was issued prior to the coming into force of an unconditional exemption from the Act in respect of any project or activity (undertaking) that relates to the Algonquin Land Claim Settlement Agreement.

    1. A Public Notice issued under Step 2 of Section 2.3 (Evaluation and Consultation Process for Category B Projects and Activities) of Schedule "A" to the Algonquin Land Claim Declaration Order.
    2. A Notice of Opportunity to Inspect the Draft Environmental Evaluation Report issued under Step 3 of Section 2.4 (Evaluation and Consultation Process for Category C Projects and Activities) of Schedule "A" to the Algonquin Land Claim Declaration Order.

    and;

  2. One or more of the following approved class environmental assessments, as amended or renamed from time to time, applies to the undertaking:
    1. Class Environmental Assessment for Provincial Transportation Facilities approved by the Lieutenant Governor in Council on October 6, 1999 under Order in Council 1653/1999.
    2. Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects approved by the Lieutenant Governor in Council on December 11, 2002 under Order in Council 2211/2002.
    3. Class Environmental Assessment Process for Management Board Secretariat and Ontario Realty Corporation approved by the Lieutenant Governor in Council on April 28,2004 under Order in Council 913/2004.
    4. Class Environmental Assessment for Provincial Parks and Conservation Reserves approved by the Lieutenant Governor in Council on September 23, 2004 under Order in Council 1900/2004.
    5. Class Environmental Assessment for Activities of the Ministry of Northern Development and Mines under the Mining Act approved by the Lieutenant Governor in Council on December 12, 2012 under Order in Council 1952/2012.

Be declared not subject to the Act;

Having been advised that if the class of undertakings is subject to the application of the Act, the following injury, damage or interference with the persons and property indicated may occur:

  1. Potential impairment of Ontario's capacity to effectively manage its participation in tripartite negotiations with both the federal government and the Algonquin Nation in Ontario with respect to the Algonquin Land Claim Settlement that they possess unextinguished Aboriginal rights and title to lands within the Ottawa and Mattawa River watersheds located within Ontario.
  2. Creation of delays and possible frustration of attempts of the parties to negotiate a settlement agreement which will resolve the claim and provide certainty with respect to interests in land, hunting and fishing as well as other resource rights.
  3. Interference with, and possible damage to, public consultation and the ability of the various Ontario agencies involved in implementing the Algonquin Land Claim Settlement to avoid the potential duplication and inefficiencies of review requirements under existing class environmental assessments and a Declaration Order in the absence of a collective and consistent review process as set out in this Order. The process set out in this Declaration Order is a more effective method of addressing any environmental issues associated with the Algonquin Land Claim Settlement.

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment which would result from the class of undertakings being subject to the application of the Act;

The undersigned is of the opinion that it is in the public interest to declare and declares that the class of undertakings is not subject to the application of the Act for the following reasons:

  1. This Declaration Order will improve upon the review processes in the current Class Environmental Assessment approvals and a Declaration Order under the Environmental Assessment Act by providing for the use of one consistent review process for each ministry or agency to follow when assessing the potential environmental effects of the projects and activities that are being considered for inclusion in the Algonquin Land Claim Settlement Agreement.
  2. Notice of the proposal to issue this Declaration Order has been placed on the Environmental Bill of Rights Environmental Registry and no comments have been received.
  3. An efficient and effective approach has been developed, as outlined in Schedule A, to provide consistent processes for the assignment of an appropriate level of assessment for each project and activity and opportunities for public and agency consultation, input and review.  There will be opportunities for the coordination of the environmental assessment process, both across government agencies and with the province’s conduct in the negotiations.
  4. Integral to the approach set out in this Declaration Order, the future conduct of public consultation activities will continue to be delivered in a seamless, publicly inclusive negotiation process, to help advance the achievement of a successful and enduring claim settlement and meet the spirit and intent of public consultation objectives set out in the Environmental Assessment Act.
  5. This Declaration Order will further facilitate informed and effective public and agency/ministry consultation by providing one consistent process for assessing and mitigating the potential environmental effects of the projects and activities involved in implementing an Algonquin Land Claim Settlement Agreement.
  6. This Order provides opportunities for public and agency/ministry consultation and also opportunities for coordination of public and agency/ministry consultation when the process can be applied to more than one proposed activity and project at the same time.

This Declaration Order is subject to the following conditions:

  1. For any undertaking to which this order applies, the ministry or agency that is responsible for the undertaking shall carry out a review of the potential environmental effects of the undertaking in accordance with the process described in Schedule "A" of this order. For greater certainty, the review process described in Schedule "A" applies solely to that period of time prior to the Crown and the Algonquins entering into a Settlement or Interim agreement.
  2. This order ceases to apply to an undertaking subject to this order when a Statement of Completion in relation to the undertaking is submitted to the Director of the Environmental Assessment Branch and the appropriate Regional Director of the Ministry of Environment Conservation and Parks under:
    1. Step 5 of Section 2.3 (Evaluation and Consultation Process for Category B Projects and Activities) of Schedule "A" to the Algonquin Land Claim declaration order; or
    2. Step 6 of Section 2.4 (Evaluation and Consultation Process for Category C Projects and Activities) of Schedule "A" to the Algonquin Land Claim declaration order.

Schedule A

Schedule A has also been amended by the amending order (July 20, 2023) to reflect the transitional nature of the application of the order.  To obtain a copy of Schedule A as amended, please contact the Ministry of Environment, Conservation and Parks using the Contact Us button at the bottom of this page.

Algonquin Land Claim Declaration Order (original order approved on August 22, 2007)

Having received a request from the Ministry of Aboriginal Affairs (formerly the Ontario Secretariat for Aboriginal Affairs) that a class of undertakings on the part of the following proponents:

  • Ministry of Natural Resources
  • Ministry of Transportation
  • Ontario Realty Corporation
  • Ministry of Northern Development and Mines

Namely:

Projects and activities that are subject to the approved class environmental assessments and Declaration Order described in condition 4 that implement the settlement agreement which resolves the Algonquin Aboriginal rights and title claim against the Crown (hereafter referred to as the Algonquin Land Claim Settlement Agreement) and includes any interim agreements between the Crown and the Algonquins which are intended to be incorporated into or superseded by the Algonquin Land Claim Settlement Agreement (hereafter referred to as Interim Agreements);

Be declared not subject to sections 5 and 13 of the Environmental Assessment Act pursuant to section 3.2(1)(a) of the Act;

Having been advised that if the class of undertakings is subject to the application of the Act, the following injury, damage or interference with the persons and property indicated may occur:

  1. Potential impairment of Ontario’s capacity to effectively manage its participation in tripartite negotiations with both the federal government and the Algonquin Nation in Ontario with respect to the Algonquin Land Claim Settlement that they possess unextinguished Aboriginal rights and title to lands within the Ottawa and Mattawa River watersheds located within Ontario.
  2. Creation of delays and possible frustration of attempts of the parties to negotiate a settlement agreement which will resolve the claim and provide certainty with respect to interests in land, hunting and fishing as well as other resource rights.
  3. Interference with, and possible damage to, public consultation and the ability of the various Ontario agencies involved in implementing the Algonquin Land Claim Settlement to avoid the potential duplication and inefficiencies of review requirements under existing class environmental assessments and a Declaration Order in the absence of a collective and consistent review process as set out in this Order. The process set out in this Declaration Order is a more effective method of addressing any environmental issues associated with the Algonquin Land Claim Settlement.

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment which would result from the class of undertakings being subject to the application of the Act;

The undersigned is of the opinion that it is in the public interest to declare and declares that the class of undertakings is not subject to the application of the Act for the following reasons:

  1. This Declaration Order will improve upon the review processes in the current Class Environmental Assessment approvals and a Declaration Order under the Environmental Assessment Act by providing for the use of one consistent review process for each ministry or agency to follow when assessing the potential environmental effects of the projects and activities that are being considered for inclusion in the Algonquin Land Claim Settlement Agreement.
  2. Notice of the proposal to issue this Declaration Order has been placed on the Environmental Bill of Rights Environmental Registry and no comments have been received.
  3. An efficient and effective approach has been developed, as outlined in Schedule A, to provide consistent processes for the assignment of an appropriate level of assessment for each project and activity and opportunities for public and agency consultation, input and review. There will be opportunities for the coordination of the environmental assessment process, both across government agencies and with the province’s conduct in the negotiations.
  4. Integral to the approach set out in this Declaration Order, the future conduct of public consultation activities will continue to be delivered in a seamless, publicly inclusive negotiation process, to help advance the achievement of a successful and enduring claim settlement and meet the spirit and intent of public consultation objectives set out in the Environmental Assessment Act.
  5. This Declaration Order will further facilitate informed and effective public and agency/ministry consultation by providing one consistent process for assessing and mitigating the potential environmental effects of the projects and activities involved in implementing an Algonquin Land Claim Settlement Agreement.
  6. This Order provides opportunities for public and agency/ministry consultation and also opportunities for coordination of public and agency/ministry consultation when the process can be applied to more than one proposed activity and project at the same time.

This Declaration Order is subject to the following conditions:

  1. For proposed activities and projects that are considered for inclusion in the Algonquin Land Claim Settlement Agreement, or any Interim Agreements, each proponent listed in this Declaration Order which is responsible for the project and activity, shall carry out a review of potential environmental effects in accordance with the process described as Schedule A below. For greater certainty, the review process described in Schedule A applies (i) solely to that period of time prior to the Crown and the Algonquins entering into a Settlement or Interim agreement, or (ii) if the Settlement or Interim Agreement expressly provides that it applies in implementing parts of the Settlement Agreement.
  2. This Declaration Order expires on December 31, 2027 unless the Minister of the Environment, taking into consideration the progress of the negotiated settlement process and upon written request of the Ministry of Aboriginal Affairs, extends this expiry date by notice in the Ontario Gazette.
  3. Notwithstanding condition 2, projects and activities, if not fully implemented by the date of expiry, as it may be extended from time to time, may continue to proceed until completion in accordance with this Declaration Order.
  4. For greater certainty, this Declaration Order replaces the requirements of the following class environmental assessment approvals and a Declaration Order, including any future replacements or amendments made from time to time, as they pertain to the class of undertakings described in this Order:
    • Ministry of Natural Resources. Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects
    • Ontario Realty Corporation. Class Environmental Assessment Process for Management Board Secretariat and Ontario Realty Corporation
    • Ministry of Transportation. Class Environmental Assessment for Provincial Transportation Facilities
    • Ministry of Natural Resources. Class Environmental Assessment for Provincial Parks and Conservation Reserves
    • Ministry of Northern Development and Mines. Declaration Order MNDM-3, Disposition of Rights to Crown Resources

Dated the 23rd day of July, 2007 at Toronto

Original signed by:
Laurel Broten
Minister of the Environment

Approved by O.C. number: 1900/2007      
Date O.C. approved: August 22, 2007      
Environmental assessment file number: EA-04-10

Schedule A

To obtain a copy of Schedule A, please contact the Ministry of the Environment, Conservation and Parks using the Contact us button at the bottom of this page.

Declaration Order amending the Algonquin Land Claim Declaration Order (approved on July 20, 2023)

Having considered a proposed regulation to unconditionally exempt certain Crown projects and activities (undertakings) being considered for inclusion in a settlement agreement which resolves the Algonquins of Ontario Aboriginal rights and title claim against the Crown, including any interim agreements which are intended to be incorporated into or superseded by a final agreement ("the Algonquin Land Claim Settlement Agreement") and that are subject to the declaration order made under subsection 3.2 (1) of the Act entitled "Declaration -Projects and Activities being considered for inclusion in the Algonquin Land Claim Settlement", dated July 23, 2007 and approved by Order in Council 1900/2007, (Algonquin Land Claim Declaration Order) which includes the process attached as Appendix A to that order.

Having regard to the importance of aligning the projects and activities to which the order applies to the undertakings proposed to be exempted by the above noted regulation, in order to avoid confusion and to support transparency;

Having been advised that the injury, damage or interference to the persons and property that would have resulted from the Act applying to the class of undertakings to which the Algonquin Land Claim Declaration Order applied and that are set out in the recitals in that Order, continue to apply to the undertakings to which the Order, as amended, will apply; and,

Having considered the purpose of the Act and the public interest;

The undersigned is of the opinion that it is in the public interest to amend the above referenced declaration order and pursuant to s.3.2 of the Act the order, including Schedule A to the order, is amended as follows:

  1. The description of the projects and activities (the undertakings) to which the Algonquin Land Claim Declaration Order applies and that is set out in the first paragraph of the opening flush of that order, is revoked and replaced with the following description:

A project or activity (undertaking) that is being considered for inclusion in the settlement agreement which resolves the Algonquins of Ontario Aboriginal rights and title claim against the Crown ("Algonquin Land Claim Settlement Agreement"), in respect of which:

  1. one of the following notices was issued prior to the coming into force of an unconditional exemption from the Act in respect of any project or activity (undertaking) that relates to the Algonquin Land Claim Settlement Agreement.
    1. A Public Notice issued under Step 2 of Section 2.3 (Evaluation and Consultation Process for Category B Projects and Activities) of Schedule "A" to the Algonquin Land Claim Declaration Order.
    2. A Notice of Opportunity to Inspect the Draft Environmental Evaluation Report issued under Step 3 of Section 2.4 (Evaluation and Consultation Process for Category C Projects and Activities) of Schedule "A" to the Algonquin Land Claim Declaration Order.
  2. one or more of the following approved class environmental assessments, as amended or renamed from time to time, applies to the undertaking:
    1. Class Environmental Assessment for Provincial Transportation Facilities approved by the Lieutenant Governor in Council on October 6, 1999 under Order in Council 1653/1999.
    2. Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects approved by the Lieutenant Governor in Council on December 11, 2002 under Order in Council 2211/2002.
    3. Class Environmental Assessment Process for Management Board Secretariat and Ontario Realty Corporation approved by the Lieutenant Governor in Council on April 28,2004 under Order in Council 913/2004.
    4. Class Environmental Assessment for Provincial Parks and Conservation Reserves approved by the Lieutenant Governor in Council on September 23, 2004 under Order in Council 1900/2004.
    5. Class Environmental Assessment for Activities of the Ministry of Northern Development and Mines under the Mining Act approved by the Lieutenant Governor in Council on December 12, 2012 under Order in Council 1952/2012.

The term undertakings and the term projects and activities are used interchangeably throughout this amending order and the Algonquin Land Claim Declaration Order.

  1. The declaration in paragraph 2 of the opening flush of the Algonquin Declaration Order is revoked and replaced with the following: Be declared not subject to the Act

  2. Condition 1 of the Algonquin Land Claim Declaration Order is revoked and replaced with the following:

    For any undertaking to which this order applies, the ministry or agency that is responsible for the undertaking shall carry out a review of the potential environmental effects of the undertaking in accordance with the process described in Schedule "A" of this order. For greater certainty, the review process described in Schedule "A" applies solely to that period of time prior to the Crown and the Algonquins entering into a Settlement or Interim agreement.

  1. Conditions 2, 3 and 4 of the Algonquin Land Claim Declaration Order are revoked

  2. The following condition is added to the Algonquin Land Claim Declaration Order as a new condition 2:

    This order ceases to apply to an undertaking subject to this order when a Statement of Completion in relation to the undertaking is submitted to the Director of the Environmental Assessment Branch and the appropriate Regional Director of the Ministry of Environment Conservation and Parks under,

    1. Step 5 of Section 2.3 (Evaluation and Consultation Process for Category B Projects and Activities) of Schedule A to the Algonquin Land Claim declaration order.
    2. Step 6 of Section 2.4 (Evaluation and Consultation Process for Category C Projects and Activities) of Schedule "A" to the Algonquin Land Claim declaration order.
  3. The following amendments are made to Schedule A of the Algonquin Land Claim Declaration Order:

    1. Section 1.2 Class of Undertakings is revoked and replaced with the following:

      The undertakings that are subject to the following process are those described in paragraph 1 of the Declaration Order to which this schedule is attached including:

      • the transfer of publicly held (patented) land
      • the transfer of Crown land, rights and interests including the release of Crown reservations
      • the transfer through disposition, disposal or granting of certain or all rights to Crown resources through such means as permits, licenses, approvals, permissions, consents, leases, licenses of occupation or sale
      • the transfer of Crown assets
      • the amending and rescinding in whole or in part, boundary regulations for provincial parks and conservation reserves
      • the acquisition of private lands for the purpose of transfer
      • projects and activities which the Algonquin Land Claim Settlement Agreement provides to be on settlement lands before the transfer of the settlement lands to the Algonquins



      Private property will only be acquired for purposes of a settlement on a willing seller, willing buyer basis.

    2. Section 2.0 (The Process) is amended to remove the following bullet:
      • modifications to projects and activities (Section 2.6)
    3. Section 2.6 (Modifications to Project Evaluations and Environmental Evaluation Reports) is revoked.
    4. Section 3.4 (Other Approvals) is amended to replace the references to "the Canadian Environmental Assessment Act" with "the federal Impact Assessment Act."
    5. References to the "Director of the Environmental Assessment and Approvals Branch" are replaced with "the Director of the Environmental Assessment Branch and references to "Ministry of Environment" are replaced with "Ministry of Environment, Conservation and Parks".
    6. This amending order applies upon the coming into force of an unconditional exemption from the Act in respect of any project or activity (undertaking) that relates to the Algonquin Land Claim Settlement Agreement.

Dated the 7th day of July 2023 at Toronto

Original signed by:
David Piccini 
Minister of the Environment, Conservation and Parks

Approved by O.C. number: 1036/2023      
Date O.C. approved: July 20, 2023      
Environmental assessment file number: 04066