Declaration order

Having received a request from the Ministry of Natural Resources (MNR) that an undertaking, namely:

The disposition, by the Ministry of Natural Resources, of rights to Crown resources to allow the annual construction, maintenance and use of a winter road from Peawanuck to Fort Severn along a route on Crown land including lands within the northwest portion of Polar Bear Provincial Park, for the transport of supplies to the Weenusk First Nation in Peawanuck;

be declared not subject to the Act, its regulations, the Class Environmental Assessment for Provincial Parks and Conservation Reserves and the Class Environmental Assessment for MNR Resources Stewardship and Facility Development Projects, pursuant to section 3.2 of the Act; and having been advised by MNR that if the undertaking is subject to the application of the Act, the following injury, damage or interference with the persons and property indicated will occur:

The time required to proceed with an undertaking in accordance with the Class Environmental Assessment for Provincial Parks and Conservation Reserves and the Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects or to seek approval under the Act would result, for at least another year, in the following injury and damage to persons and property:

  1. Weenusk First Nation community in Peawanuck would experience a delay in obtaining improvements to their living conditions for at least another year, resulting in significant economic and social hardship;
  2. Persons constructing, maintaining and using the previous winter road route will continue to experience safety risks related to potentially insufficient ice thickness to support equipment and supplies;
  3. Persons constructing, maintaining and using the previous winter road route will continue to risk the loss or damage of heavy equipment through the ice, when constructing and hauling supplies across the previous winter road route;
  4. Aquatic ecosystems will continue to be at increased risk from the impact of possible fuel spills that may result from ice failure on the previous winter road route;
  5. The public will damaged by the higher annual construction and maintenance costs of the previous winter road route which is 80 km longer than the proposed route; and
  6. In addition to safety concerns, there is a risk of failure associated with using the previous winter road route, which could leave the community of Peawanuck with no winter road access, requiring critical supplies to be brought in by air transport, increasing the already high cost of living in Peawanuck. Barge access to the community from Hudson Bay is no longer available because of siltation in the harbour and due to the relocation of the community 50 km upstream from the harbour on Hudson Bay which further compounds the problem.

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 undertaking 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 undertaking is not subject to the application of the Act, its regulations, the Class Environmental Assessment for Provincial Parks and Conservation Reserves and the Class Environmental Assessment for MNR Resource stewardship and Facility Development Projects for the following reasons:

  1. Consultation has been ongoing for many years with the Weenusk First Nation regarding improved winter road access to their community in Peawanuck. The neighbouring Fort Severn First Nation has provided a letter of support for the winter road through Polar Bear Provincial Park. Broader consultation has been carried out through a posting on the Environmental Bill of Rights Registry regarding this undertaking and a proposed amendment to the park management planning process.
  2. Notice of the proposal to issue this order was placed on the Environmental Bill of Rights Registry and comments received have been considered in the preparation of this order.
  3. It has become apparent based on three years of experience that the previous winter road route contains significant safety hazards that cannot be overcome;
  4. The proposed winter road will provide a safe, reliable and economically feasible means of transporting critical supplies into the community of Peawanuck, avoiding use of the previous winter road route where there are significant safety hazards;
  5. There is strong positive general public and First Nation interest in improving living conditions and quality of life for First Nation communities in Ontario;
  6. Planning, construction, maintenance and use of the proposed winter road will take environmental effects into account and will address them through appropriate conditions of approval. These conditions will Include best practices and specialized techniques for planning, constructing, maintaining and using winter roads in permafrost areas that are consistent with the purpose and intent of the Environmental Assessment Act. Best practices related to the planning, construction, maintenance and use of the winter road are:
    • measures that retain low vegetation and peat layers and prevent disturbance to soils and permafrost;
    • route selection that avoids known polar bear den sites and guidelines for dealing with active den sites that are encountered during construction or use of the road;
    • guidelines for constructing water crossings, such as the Building and Operating Winter Roads in Canada and Alaska (Ministry of Indian and Northern Affairs, 1978);
    • restrictions on the types of vehicles to be used on the road (e.g. tracked vehicles or vehicles with low pressure tires).
  7. The potential negative effects associated with the proposed route will be less than those of the previous winter road route and will be mitigated through conditions associated with other required approvals and processes such as work permits under the Public Lands Act and letters of authorization under the Provincial Parks Act; and
  8. The features and values of the Hudson Bay Lowlands (including Polar Bear Provincial Park) will continue to be protected under the Provincial Parks Act, the Public Lands Act and the Endangered Species Act.

This Declaration Order is subject to the following terms and conditions:

  1. Where any activity which is the subject of this order, is being carried out as, or is part of, another undertaking which is the subject of a declaration or exemption order under the Act, the activity exempt under this order shall be carried out in accordance with any terms and conditions in the other declaration or exemption order as well as the conditions in this order.
  2. The portion of the winter road in Polar Bear Provincial Park will be located only in the Northwest portion of the Park and will not be located in the very sensitive Hudson Bay coastal zone/region, being the area along the coast of Hudson Bay beyond the treeline and identified as a physiographic region called Coastal Zone varying from 1 to 85 kilometres wide on Map 4 in the Moosonee District Background Information (Ministry of Natural Resources, 1985), located at MNR's Moosonee office and at MNR's library at its Peterborough office.
  3. When MNR has made amendments to the Polar Bear Provincial Park Master Plan to provide for the annual construction, maintenance and use of the winter road, MNR shall make copies of the amendment available on request to the public.
  4. At least once annually, MNR staff will contact the Chief of the Weenusk First Nation and propose a meeting, to be held in person or by telephone. This meeting would provide an opportunity to the Weenusk First Nation to provide their observations of the possible effects of the winter road or discuss any issues associated with the winter road. If MNR's offer to meet is accepted, MNR shall make arrangements for the meeting, and shall document and prepare a report on any observations provided and discussions it has with the Weenusk First Nation during that meeting concerning any issues raised with respect to the winter road. MNR will provide a copy of the report to the Chief of the Weenusk First Nation. At least once annually, MNR shall also contact the Fort Severn First Nation prior to MNR issuing the permits and approvals to construct, maintain and use the winter road and propose a meeting, to be held in person or by telephone. This meeting would provide an opportunity for the Fort Sevem First Nation to provide their observations of the possible effects of the winter road or discuss any issues associated with the winter road. If MNR's offer to meet is accepted, MNR shall make arrangements for the meeting, and shall document and prepare a report on any observations provided and discussions it has with the Fort Severn First Nation during that meeting concerning any issues raised with respect to the winter road. MNR will provide a copy of the report to the Chief of the Fort Severn First Nation.
  5. MNR will specify in conditions of approval for the winter road the following best practices and specialized techniques related to the planning, construction, maintenance and use of winter roads in permafrost areas:
    • measures that retain low vegetation and peat layers and prevents disturbance to soils and permafrost;
    • route selection that avoids known polar bear den sites and guidelines for dealing with active den sites that are encountered during construction or use of the road;
    • guidelines for constructing water crossings, such as the Building and Operating Winter Roads in Canada and Alaska (Ministry of Indian and Northern Affairs, 1978)
    • restrictions on the types of vehicles to be used on the road.
  6. MNR will continue to review annual harvest data on polar bears and other species provided to MNR by members of the Weenusk First Nation and members of the Fort Severn First Nation as a result of their trapping and hunting activities in the Hudson Bay Lowlands. The results of this review will be summarized in a report by MNR, which is to be submitted to the Director of the Environmental Assessment & Approvals Branch of the Ministry of the Environment for filing with the public records kept, under section 30(1) of the Act, by the Branch at the Ministry’s main office located at 2 St. Clair Avenue West, Floor 12A, Toronto, Ontario, M4V 1L5, by November 30th of the first year of construction of the winter road and by November 30th of every third year thereafter, for a period of nine (9) years following the first year of construction of the winter road.

Dated the 9th day of February, 2006 at Toronto.

Original signed by:
Laurel Broten, Minister of the Environment

Approved by O.C. number: 193/2006
Environmental assessment file number: EA-04-01