Algonquin land claim – Draft Environmental Assessment Summary Report

Purpose

The Ontario government is proposing regulatory amendments to change the boundaries for two provincial parks and a conservation reserve. These changes would be made under the Provincial Parks and Conservation Reserves Act, 2006 (PPCRA) as provided for in the Algonquin Land Claim Settlement Declaration Order (ALC DO) made under the Environmental Assessment Act (EAA). This report summarizes the environmental assessment evaluation, consultation process and outcomes of these regulatory changes.

Specifically, two separate projects outlined in provision 9.1.30 of the Algonquins of Ontario Agreement-in-Principle (AIP) are being assessed:

1. Amending a boundary by regulation to add Crown land to Lake St. Peter Provincial Park (Recreational Class)
2. Rescinding a boundary by regulation for Crotch Lake Conservation Reserve (the lands to be included in Whiteduck Provincial Park) and establishing a boundary by regulation to create Whiteduck Provincial Park (Natural Environment Class).

For clarity, the environmental assessment process for amending and rescinding, in whole or in part, boundaries by regulation for other provincial parks and/or conservations reserves (i.e., Bell Bay, Foy Property, Carson Lake, Alexander Lake Forest, Mattawa River, Centennial Lake, Barron River, Bonnechere River) related to proposed settlement lands (i.e., lands to be transferred to the Algonquins of Ontario) is outlined in the Draft Environmental Evaluation Report: Proposed Settlement Lands (2017) and Supplemental Report to the Draft Environmental Evaluation Report: Proposed Settlement Lands (2020).

Context

Canada, Ontario and the Algonquins of Ontario (AOO) are working together to resolve a land claim through a negotiated Final Agreement that will take the form of a modern-day treaty. All three parties are committed to finding a balanced and shared solution that respects the rights of all Canadians.

The non-binding AIP was signed by the three negotiation parties in 2016, setting out elements of the proposed settlement. Provision 9.1.30 of the AIP states that:

• The Final Agreement will describe the boundaries for a recommended addition to Lake St. Peter Provincial Park and a recommended Provincial Park (Natural Environment Class) in the area of the Crotch Lake Conservation Reserve.

The AOO have identified that the lands and waters around the existing Lake St. Peter Provincial Park and Crotch Lake Conservation Reserve have ecological, historical, cultural and spiritual importance, as well as recreational opportunities and economic development potential (e.g., education and eco-tourism) for the Algonquin people. The negotiation parties have recommended these areas for regulation as provincial parks which also allows for the continued use and enjoyment of the project areas by the public. The AOO identification of these areas as important aligns with the purpose of the PPCRA which is:

• to permanently protect a system of provincial parks and conservation reserves that includes ecosystems that are representative of all of Ontario’s natural regions, protects provincially significant elements of Ontario’s natural and cultural heritage, maintains biodiversity and provides opportunities for compatible, ecologically sustainable recreation.

The regulation of these provincial park boundaries through the Final Agreement will afford permanent protection to the natural, cultural and recreational values within the parks for present and future generations.

Project descriptions

Ontario is conducting environmental assessments for two separate projects:

1. Amending a boundary by regulation to add Crown land to Lake St. Peter Provincial Park (Recreational Class)
2. Rescinding a boundary by regulation for Crotch Lake Conservation Reserve (the lands to be included in Whiteduck Provincial Park) and establishing a boundary by regulation to create Whiteduck Provincial Park (Natural Environment Class)

Project 1 - Lake St. Peter Provincial Park addition

The recommended Crown land addition is 777 hectares (1920 acres) located along the eastern boundary of the existing provincial park (refer to Map 1). The area will be added to the existing Lake St. Peter Provincial Park.

The project area is in the northern part of the Municipality of Hastings Highlands and southern part of the Township of South Algonquin, approximately 30 kilometres north of the town of Bancroft and 25 kilometres south of the town of Whitney. It is located within the same ecological region (Ecodistrict 5E-9) as the western portion of Algonquin Provincial Park and is primarily forested, with numerous lakes, wetlands, rivers and streams. Approximately 80% of the area is terrestrial forest, including sugar maple forest, white and red pine forest and mixed-species forest. Approximately 12% of the area is a coniferous swamp and 8% is other wetland and open water.

The area provides for recreational activities including hunting, angling, camping, snowmobiling and off-road vehicle use. Current commercial activities include fur harvest (trapping) and forestry.

Project 2 - Whiteduck Provincial Park

The recommended Whiteduck Provincial Park is in the northern part of the Township of Central Frontenac and the southern part of the Township of North Frontenac (refer to Map 2). The lands described in Schedule 281 of Ontario Regulation 315/07 as Crotch Lake Conservation Reserve will be rescinded as a conservation reserve, and these lands will be then included in the boundary of the recommended Whiteduck Provincial Park, resulting in a total area of 10,833.5 hectares (26,770 acres).

Approximately 2000 hectares of Crown land adjacent to the recommended Whiteduck Provincial Park are subject to existing mining claims under the Mining Act (refer to Area A identified in Map 2). Those mining claims will continue under the terms and provisions of the Mining Act. Ontario’s negotiation team will recommend that these Crown lands be added to the recommended Whiteduck Provincial Park, should the mining interests lapse, be forfeited, abandoned or otherwise cease to exist. Any recommendations would be subject to the completion of any legal obligations and approval processes applicable at the time and the achievement of an AOO Final Agreement. For clarity, Area A lands are not subject to this environmental assessment evaluation and consultation process.

The project area is located within the same ecological district (Ecodistrict 5E-11) as Kawartha Highlands Signature Site Park and Bon Echo Provincial Park and is composed of a mostly mixed and coniferous forest with large components of exposed rock and aquatic habitats. The variety of geological features, substrates and habitats in this ecodistrict results in a high number of species and biodiversity. The project area itself is approximately 71% terrestrial, 18% aquatic and 11% wetland habitat. The site topography consists of rolling bedrock ridges and is predominantly forested with large areas of rock barrens, intermittent streams and many wetlands.

The area is rugged, scenic and accessible which makes it a recreational destination for angling, camping, hiking, boating and hunting. Approximately 80 campsites, the majority of which are water access only, along with two lake access points and roads are presently maintained and administered by the Township of North Frontenac under two separate land use permits (i.e., one land use permit issued under the Public Lands Act (PLA) for Crown land and the other land use permit issued under the PPCRA for Crotch Lake Conservation Reserve). There are three commercial lodges on Crotch Lake which provide accommodations and facilities mainly for angling. Other current commercial activities include fur harvest (trapping) and forestry.

Environmental assessment process

Several projects or activities identified in the AIP must be assessed under the ALC DO to evaluate environmental effects. The ALC DO is a specific process, developed by Ontario in 2007, to meet provincial EAA requirements related to the settlement of the land claim. The ALC DO describes the class of undertakings (i.e., projects and activities) that are being considered for inclusion in the Final Agreement, including the following (from section 1.2 of ALC DO Schedule “A”):

• The amending and rescinding, in whole or in part, boundary regulations for provincial parks and conservation reserves.

The potential environmental effects of amending, rescinding and establishing of boundaries by regulation for these two projects have been assessed separately to determine the degree of net environmental effects (both positive and negative) based on environmental, social, economic and cultural criteria as set out in Table 2.1 of the ALC DO. The assessment considered all information gathered to date through inventory and monitoring activities, existing information sources and previous consultation. Appendix 1 summarizes the assessment for the addition to Lake St. Peter Provincial Park and Appendix 2 summarizes the assessment for the rescindment of the boundary by regulation of Crotch Lake Conservation Reserve and establishment of the boundary by regulation of Whiteduck Provincial Park.

Based on the project screening, both projects were assigned to Category B under the ALC DO. Category B projects may have low to medium potential for net negative environmental effects and/or public or agency concern. These effects generally are well understood from a technical perspective and are minor. Although enough environmental controls (e.g., legislation, guidelines) are in place for these projects to go ahead with mitigation (where required), there may be some public concern with the proposal (e.g., related to social, cultural, economic or natural environment concerns) that calls for a public notice. The evaluation and consultation requirements for Category B projects consists of five steps.

The consultation process associated with the ALC DO Category B evaluation and consultation process for both projects outlined in this Draft Environmental Assessment Summary Report is being coordinated with the ALC DO Category C process related to the transfer of proposed settlement lands to the AOO outlined within the Draft Environmental Evaluation Report: Proposed Settlement Lands and the Supplemental Report to the Draft Environmental Evaluation Report: Proposed Settlement Lands (2020).

Previous engagement

Through the tripartite (i.e., AOO, Canada and Ontario) negotiation process to resolve the AOO land claim, several engagement opportunities have been provided to increase the awareness of the public, stakeholders and Indigenous communities, and to allow for input into the various processes and products. This has included:

1. The Ontario Information Centre was established in 1993 and is dedicated to answering questions on and providing information about, the AOO land claim.
2. Ontario has a dedicated Algonquin land claim webpage to provide the public, stakeholders and Indigenous communities with updates on the negotiation process.
3. Informal/targeted engagement with legal interest holders, adjacent landowners, municipalities and stakeholders (ongoing as necessary).
4. Release of the Preliminary Draft Agreement-in-Principle (PDAIP):
   • Nine information sessions held on the PDAIP in 2013, including Bancroft, Perth and Kingston.
   • An additional information session, specific to the area around Crotch Lake, was held in Plevna in 2013.
5. Public notice and open houses for the Category C project under the ALC DO - Draft Environmental Evaluation Report: Proposed Settlement Lands (2017).
   • Basic information from the AIP was also available for the recommended provincial park and park addition, although the focus was on proposed settlement lands.

Summary of net environmental effects

Natural environment considerations

Regulation of the project areas under the Provincial Parks and Conservation Reserves Act provides enhanced protection for the land, water, earth/life science features and all species associated with the project areas. As a regulated provincial park, activities deemed to be incompatible with the protection of these values, such as commercial forestry, mining, electricity generation activities and other industrial uses, will not be allowed to continue, subject to the exceptions outlined in the PPCRA.

The net effects on the natural environment for both projects were assessed overall as nil to low positive.

Land use and resource management considerations

There is potential for both positive and negative environmental effects on land uses depending on the perspective of the user or stakeholder. Many land uses will be permitted to continue, although some may be subject to restrictions consistent with the objectives and provincial policies of the regulated areas. Some policy decisions will be determined through future management planning processes.

The net effects on land use and resource management for both projects were assessed overall as nil to low positive.

Social, cultural and economic considerations

Some social effects related to the enjoyment of the area may be both medium positive or negative depending on the individual that is impacted by the restrictions and/or required permissions resulting from the regulation of the provincial park boundary and its administration and management under the PPCRA and associated regulations.

The effects of both projects on cultural criteria were assessed overall as low positive. Cultural heritage resources are afforded protection under the PPCRA as well as consideration under the Standards and Guidelines for Conservation of Provincial Heritage Properties under the Ontario Heritage Act (OHA).

The effects of the projects on economic criteria also have the potential to be both low to medium positive and low negative depending on the perspective of the user or stakeholder. The prohibition of activities like commercial forestry, prospecting, developing mineral interests, generation of electricity and other industrial uses, subject to the exceptions outlined in the PPCRA, is viewed as a limitation on economic development opportunity for some, however, can be positive to others that regard the ecological services and tourism opportunities provided by provincial parks as an economic benefit.

The net effects on social, cultural and economic considerations for both projects were assessed overall as nil to low positive.

Indigenous considerations

Effects relating to Indigenous considerations have the potential to be both positive and negative depending on the perspective of the Indigenous peoples/community.

The effects of the projects have been assessed as positive for the AOO who have identified this area as having cultural and spiritual values.

Ontario consults with Indigenous communities whose established or asserted Aboriginal or treaty rights may be adversely impacted by proposed Crown decisions. Ontario also engages with Indigenous communities who have identified interests that may be affected by proposed Crown decisions.

Ontario and Canada will continue to consult and engage with these communities through the ongoing treaty negotiation process to identify potential concerns relating to the projects.

Stage 1 archaeological assessments have been conducted for both areas to provide a baseline level of data on known and potential cultural heritage resources.

Nothing in this environmental assessment shall be construed to abrogate or derogate from the protection provided for the existing Aboriginal or treaty rights of the Indigenous peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.

Appendix 1 – Summary of net environmental effects for the recommended addition to Lake St. Peter Provincial Park

Appendix 2 – Summary of net environmental effects for the recommended Whiteduck Provincial Park

Related links

The Algonquin land claim

Algonquin Land Claim - Additions to Ontario’s Provincial Park System

Algonquin land claim - environmental evaluation report