Declaration Order MNR-74: Forest Management in the Whitefeather Forest

Declaration order

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

forest management, comprised of the interrelated activities of access, harvest, renewal, maintenance, and their planning for the Whitefeather Forest (Undertaking);

be declared not subject to section 5 of the EAA, pursuant to section 3.2 of the EAA;

Having considered the strong interest of the public and Aboriginal Peoples in improving the living conditions and quality of life for Aboriginal Peoples in Ontario through providing social and economic opportunities for Aboriginal community members;

Having considered that Pikangikum First Nation is the only community located within the Whitefeather Forest;

Having considered Pikangikum First Nation’s support for the Undertaking, the urgent need for economic renewal in light of the decline of previously viable commercial resource uses (such as trapping and commercial fishing), Pikangikum First Nation’s growing population, and its over 90 percent unemployment rate;

Having considered that Pikangikum First Nation’s involvement in forest management will provide enhanced social and economic benefits for the community;

Having considered Pikangikum First Nation’s desire and commitment to care for the land and protect the environment, through Pikangikum First Nation’s customary stewardship practices;

Having considered that over a 10-year period (1996-2006), MNR and Pikangikum First Nation worked toward, and completed, a community-based land use strategy entitled Keeping the Land: A Land Use Strategy for the Whitefeather Forest and Adjacent Areas, which describes the strategic land use direction for the Whitefeather Forest that incorporates Pikangikum First Nation’s holistic approach to stewardship and protection as its guiding philosophy;

Having considered that of the approximately 1.2 million hectares that comprise the Whitefeather Forest, 436,000 hectares (36 percent) have been identified as Dedicated Protected Areas in Keeping the Land: A Land Use Strategy for the Whitefeather Forest and Adjacent Areas as Dedicated Protected Areas in which certain activities, including commercial forestry, cannot be carried out;

Having considered that Pikangikum First Nation’s customary stewardship practices, which include Pikangikum’s customary decision-making approach, and Pikangikum indigenous knowledge, will be incorporated into the approach for forest management on the Whitefeather Forest through the conditions set out in this Declaration Order;

Having considered that forest management on Crown lands in a significant portion of the province of Ontario (38.5 million hectares), commonly known as the Area of the Undertaking, was comprehensively examined in the 1988-1992 public hearing of Ontario’s Environmental Assessment Board, and the Board’s April, 1994 approval (Forest EA Approval);

Having considered that the Forest EA Approval was extended and amended in June 2003 by Declaration Order MNR-71;

Having considered MNR's extensive experience with forest management in the Area of the Undertaking, and its comprehensive knowledge of the Whitefeather Forest environment, which is similar to areas within the Area of the Undertaking, and its efforts to maintain a consistent approach for forest management across the Province;

Having considered that the provincial programs established by MNR, as required by Declaration Order MNR-71, guide forest management on Crown lands in Ontario, and provide for ongoing monitoring, reporting and research to facilitate adaptive management and incorporate new science into forest management;

Having considered that where such provincial programs are limited geographically to the Area of the Undertaking, MNR will broaden the programs to apply to or include the Whitefeather Forest, pursuant to the conditions set out in this Declaration Order;

Having considered that the purpose of the CFSA is …to provide for the sustainability of Crown forests and, in accordance with that objective, to manage Crown forests to meet social, economic and environmental needs of present and future generations, and that the CFSA requires, among other things, that a Forest Management Plan be prepared for each management unit;

Having considered the 1999 Ontario Forest Accord, an agreement among the Ontario forest industry, four provincial environmental organizations and MNR, in which it was proposed that EAA coverage for forest management in areas north of the Area of the Undertaking should be modeled after the EAA coverage provided by Declaration Order MNR-71;

Having considered the comments made by the general public, stakeholders, Aboriginal Peoples, the Government Review Team and MNR on the proposal for this Declaration Order, posted on the Environmental Registry established pursuant to the Environmental Bill of Rights, 1993;

Having been advised by the MNR that if the Undertaking is subject to the application of section 5 of the EAA, the following injury, damage or interference with the persons and property indicated will occur:

1. A loss of significant opportunities for Pikangikum First Nation to advance their social and economic situation if MNR does not have the necessary authority under the EAA to proceed with forest management activities on Crown lands in the Whitefeather Forest in a timely manner.
2. A delay in the efforts of Pikangikum First Nation to proceed expeditiously with an economic development opportunity, particularly given the investment of effort, time and resources by MNR and Pikangikum First Nation.
3. An impediment to the opportunity for job creation and increased employment for the people of Pikangikum First Nation, especially its youth, through value-added forestry.

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 EAA;

The undersigned considers that it is in the public interest to declare, and does declare, that section 5 of the EAA does not apply to the Undertaking.

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

1. MNR shall conduct the Undertaking in accordance with this Declaration Order and the conditions set out within.
2. In implementing the Undertaking to which this Declaration Order applies, MNR may use all of the alternative methods of carrying out the activities of access, harvest, renewal and maintenance that were approved by the Environmental Assessment Board’s 1994 Timber Class Environmental Assessment Approval.

Forest management planning

3. The forest management planning requirements described in conditions 5 to 33 of this Declaration Order shall be incorporated into a forest management planning manual. The Forest Management Planning Manual may contain forest management planning requirements in addition to those required by conditions 5 to 33 of this Declaration Order.
4. The annual list of Management Units and associated schedule for forest management plans which MNR prepares for the Ministry of the Environment (MOE) and the public each year shall include the Whitefeather Forest.

Forest management plans – general

Plan contents and plan preparation schedule

5. The Forest Management Planning Manual shall contain requirements for the general content of the Forest Management Plan, and the frequency of plan preparation, for the Whitefeather Forest. Those requirements shall include the following:
   1. The Forest Management Plan shall contain the following information: long-term management direction; identification of ten years of harvest, renewal and maintenance areas; location of primary and branch road corridors; and the details of operations for the initial five-year operational term. Details of operations for the second five-year operational term shall be prepared during the fifth year of the Forest Management Plan.
   2. A new Forest Management Plan shall be prepared at least every ten years. The Year Three Management Unit Annual Report shall describe the progress in implementing the Forest Management Plan, and shall provide a determination as to whether or not the long-term management direction remains valid, in with condition 33(c). If the Year Three Management Unit Annual Report supports continuation of the long-term management direction, the details of operations for the remaining five years shall be planned, reviewed and approved during the fifth year of the Forest Management Plan, and shall then be added to the Forest Management Plan. If the Year Three Management Unit Annual Report does not support the continuation of the long-term management direction, a contingency plan shall be prepared to bridge the time required to complete an unscheduled plan renewal.

Plan preparation by plan author, planning team and Local Citizens Committee

6. The Forest Management Planning Manual shall contain requirements for participation in the development of the Forest Management Plan for the Whitefeather Forest. Those requirements shall include the following:
   1. The Forest Management Plan shall be prepared in an open and consultative fashion, by a Registered Professional Forester who shall be the plan author.
   2. The plan author shall be assisted by an interdisciplinary planning team and a Local Citizens Committee, with opportunities for ongoing participation in the preparation of the Forest Management Plan by interested and affected persons and organizations, the general public and Aboriginal peoples.
   3. The planning team shall include an MNR Registered Professional Forester and, where possible, a person who collectively represents overlapping licensees and beneficiaries of MNR wood supply commitments who do not have ownership in the company holding the Sustainable Forest Licence on the Whitefeather Forest.
   4. An opportunity shall be provided for a representative from the Local Citizens the Committee and a representative from each Aboriginal community in or adjacent to the Whitefeather Forest to participate on the planning team.
   5. The planning team members shall be appointed by the MNR District Manager.

Plan documentation and public access to plans

7. The Forest Management Planning Manual shall contain requirements for the documentation to accompany the Forest Management Plan for the Whitefeather Forest, and public access to Forest Management Plans. Those requirements shall include the following:
   1. The following documentation shall be prepared, and shall accompany the draft and approved Forest Management Plan:
      1. an index to the environmental assessment components of the plan;
      2. supplementary documentation that summarizes the information that was used in the preparation of the plan, and provides supporting documentation for the plan; and
      3. a Forest Management Plan Summary.
   2. There shall be provisions for public access to the Forest Management Plan for the Whitefeather Forest, including public access to the current approved Forest Management Plan in a location in Toronto.

Plan certification, review and approval

8. The Forest Management Planning Manual shall contain requirements for the certification, review and approval of the Forest Management Plan for the Whitefeather Forest. Those requirements shall include the following:
   1. The plan author shall certify that the draft and final Forest Management Plan have been prepared in accordance with the Forest Management Planning Manual.
   2. MNR district and regional staff shall review the draft Forest Management Plan and produce a list of required alterations. Required alterations relating to the manipulation of forest cover shall be certified by a Registered Professional Forester.
   3. Upon completion of the required alterations to the draft Forest Management Plan to the satisfaction of the MNR District Manager, the MNR District Manager shall certify that the Forest Management Plan has been prepared in accordance with the Forest Management Planning Manual and relevant policies and obligations (including any relevant MNR agreements with Aboriginal peoples); and has been prepared using the applicable Guides.
   4. The MNR District Manager’s certification shall also identify:
      1. all silvicultural treatments in the Silvicultural Ground Rules which are exceptions to the recommendations in the silvicultural guides described in the Forest Operations and Silviculture Manual; and
      2. all operational prescriptions for Areas of Concern which are exceptions to the specific direction or recommendations (standards and guidelines) in the applicable Guides.
   5. The MNR District Manager shall recommend the Forest Management Plan for approval to the MNR Regional Director, and the MNR Regional Director shall make the decision on plan approval of the Forest Management Plan.

Pikangikum customary stewardship

9. The Forest Management Planning Manual shall contain requirements for the incorporation of Pikangikum customary stewardship practices in forest management planning for the Whitefeather Forest. Those requirements shall include the following:
   1. Pikangikum customary decision-making approach shall be incorporated in forest management planning, by:
      1. describing the role of Pikangikum elders in forest management planning;
      2. providing an opportunity for Pikangikum First Nation to select its representative(s) on the planning team; and
      3. providing an opportunity for Pikangikum First Nation to build community consensus at each stage of the planning process, prior to formal public consultation.
   2. As provided by Pikangikum First Nation, Pikangikum indigenous knowledge shall be included in the background information available for use in forest management planning.
   3. The approach to incorporating Pikangikum indigenous knowledge in forest management planning shall be documented in the Aboriginal Background Information Report.
   4. Pikangikum First Nation elders, trappers and other community members shall be provided an opportunity to participate in monitoring the implementation of the Forest Management Plan to gather and record Pikangikum indigenous knowledge.
   5. Reports on the implementation of the Forest Management Plan shall be provided to Pikangikum First Nation from time to time.

Public and Aboriginal consultation

Local Citizens Committee

10. The Forest Management Planning Manual shall contain requirements for the participation of a Local Citizens Committee in the development and implementation of the Forest Management Plan for the Whitefeather Forest. Those requirements shall include the following:
    1. A Local Citizens Committee, comprised of local citizens representing a range and balance of interests, shall be established in accordance with the requirements of section 13 of the CFSA. The MNR District Manager may establish additional Local Citizens Committees, or variations thereof.
    2. The Local Citizens Committee shall be a standing committee. Members shall be appointed by the MNR District Manager. Persons directly employed by the Sustainable Forest Licensee preparing the Forest Management Plan are eligible to be members, but shall not make up the majority of the Local Citizens Committee. The majority of appointments shall be drawn from nominations from local interest groups. Where they exist at the local level, the main interests represented on the Local Citizens Committee should include:
       1. local business;
       2. tourism industry;
       3. anglers and hunters;
       4. Aboriginal communities;
       5. forest industry;
       6. naturalists;
       7. municipalities;
       8. trappers and other resource users;
       9. other Crown land recreationalists;
       10. forest industry trade unions;
       11. woodsworkers;
       12. small independent loggers;
       13. mineral sector;
       14. waterpower sector;
       15. Chamber of Commerce member or Economic Development Officer;
       16. local environmental groups;
       17. local heritage groups or organizations;
       18. other interest groups; and
       19. the general public.
    3. The purpose of the Local Citizens Committee shall be to participate as an integral part of the forest management planning process by:
       1. ensuring that all local interests are effectively communicated to all others involved in forest management planning;
       2. increasing the effectiveness of the public consultation process by participating in its implementation, and in the consideration of any additional formal public consultation opportunities that would be useful in the context of local circumstances and needs;
       3. participating in the development, identification and description of objectives, strategies, problems and issues;
       4. participating in the development of the values map(s);
       5. promoting integration of all interests by participating in the evaluation of trade-offs to be made during the planning process and the resolution of problems, differences and conflicts as early as possible in the planning process;
       6. assisting in monitoring the performance of implementation of the Forest Management Plan;
       7. providing advice to the MNR District Manager when discretionary decisions are made (e.g. the categorization of amendments, and responses to requests for individual environmental assessments); and
       8. participating in the independent forest audit process by having the opportunity to provide comments on the preparation and implementation of the Forest Management Plan; to identify concerns and issues; to provide a representative to participate in field visits; and to provide any other relevant information.
    4. The Local Citizens Committee shall provide input to the planning team and to the planning of insect pest management programs as follows:
       1. The Local Citizens Committee may nominate a representative of the Committee to serve as a member of the planning team.
       2. Other members of the Local Citizens Committee may attend planning team meetings as observers.
       3. Joint meetings of the Local Citizens Committee and the planning team shall be held at agreed upon stages of the planning process.
       4. The planning team and representatives of the Local Citizens Committee shall attend information centres.
       5. The member of the Local Citizens Committee who serves as the representative on the planning team shall be invited to serve on the interdisciplinary team which produces the district insect pest management program.
    5. The Local Citizens Committee shall develop its own rules with respect to any procedural matters required to meet its responsibilities in forest management planning and plan implementation. These matters include such things as frequency of, and attendance at, meetings and information centres, circulation of information among members of the Local Citizens Committee, and procedures regarding the declaration of conflicts of interest.
    6. Support
       1. MNR shall provide the necessary office support (e.g., secretarial support and typing of reports), for the affairs of the Local Citizens Committee to be conducted efficiently and effectively.
       2. The MNR District Manager shall provide to the Local Citizens Committee any available information reasonably required by the Committee. This information shall be provided as it becomes available, in order to ensure achievement of the Local Citizens Committee purposes. Without limiting the generality of the foregoing, the Local Citizens Committee shall be provided with the following materials for the Whitefeather Forest, in summary form and at a time no later than the commencement of formal public consultation:
          • background information;
          • data describing non-timber resources; and
          • data describing the timber resource.
    7. Reports and records
       1. All documentation produced by the Local Citizens Committee shall be available for public review. In particular, the Local Citizens Committee shall prepare a report concerning its activities during the preparation of the Forest Management Plan; the problems and issues addressed by the Local Citizens Committee; an assessment of the effectiveness of the Local Citizens Committee structure and recommendations for change, if any; and an assessment of the co-operation provided to the Local Citizens Committee by MNR. This report of the Local Citizens Committee shall be provided as follows:
          • a draft summary of the report shall be available at the time of the public review of the long-term management direction, as provided for in condition 16;
          • an updated draft summary of the report shall be included in the draft Forest Management Plan Summary;
          • a summary of the final report shall be included in the Forest Management Plan Summary; and
          • the full report of the Local Citizens Committee shall form part of the supplementary documentation that accompanies the Forest Management Plan.
       2. The Forest Management Plan shall contain a brief statement at the beginning of the plan, reporting generally the Local Citizens Committee’s agreement or disagreement with the Forest Management Plan, and indicating that the Local Citizens Committee’s report is available in the supplementary documentation that accompanies the Forest Management Plan.
    8. MNR shall ensure that training material regarding the roles and responsibilities of the Local Citizens Committee and forest management planning matters is available to the Local Citizens Committee.

Public consultation

11. The Forest Management Planning Manual shall contain requirements for formal public consultation in the development of the Forest Management Plan for the Whitefeather Forest. Those requirements shall include the following:
    1. In the preparation of the Forest Management Plan for the ten-year period, formal public consultation opportunities shall be provided at five stages (i.e., invitation to participate, review of proposed long-term management direction, review of proposed operations, review of draft Forest Management Plan and inspection of MNRapproved Forest Management Plan). General public media notices and direct written notices to interested and affected persons and organizations shall be issued at each stage of the formal public consultation process. The notice for each stage shall include:
       1. an explanation of the purpose of the stage of consultation, and its relationship to other stages;
       2. identification of the forum (e.g., information centre) for consultation, where applicable;
       3. a description of the information available;
       4. a request for contributions to the background information base and comments on material available for review; and
       5. identification of MNR, Sustainable Forest Licensee and Local Citizens Committee contacts.
    2. A special information centre shall be provided for each Aboriginal community in or adjacent to the Whitefeather Forest, at the request of the Aboriginal community, when a corresponding public information centre is provided for in the formal public consultation process.
    3. The information that shall be available at the appropriate MNR offices, Sustainable Forest Licensee offices and/or public forums at each stage shall accumulate with successive stages of the formal public consultation process. The information shall include, where appropriate for the stage in the process, background information, results of analyses, preliminary and final text and maps, the draft Forest Management Plan and the draft Forest Management Plan Summary, and the approved Forest Management Plan and the approved Forest Management Plan Summary.
    4. The Forest Management Planning Manual shall contain requirements for the preparation, during the development of the Forest Management Plan, of an Aboriginal Background Information Report, and a preliminary and final Report on Protection of Identified Aboriginal Values, and shall contain requirements for consultation with Aboriginal communities in the preparation of these reports. The Aboriginal Background Information Report shall be available at the commencement of formal public consultation. The preliminary Report on Protection of Identified Aboriginal Values shall be available prior to the draft Forest Management Plan being available for public review. The final Report on Protection of Identified Aboriginal Values shall be available at the time of public review of the draft Forest Management Plan.
    5. MNR shall ensure that a written response is provided, in a responsive and timely way, to all written comments and submissions received from any person or group during the preparation of the Forest Management Plan. This requirement shall also apply to all verbal comments if a written response has been requested. In those responses, MNR shall ensure that an explanation of the results of the consideration of the comments and submissions is provided.
    6. In addition to the requirements of the formal public consultation process, members of the public shall be afforded the opportunity to consult directly with representatives from the planning team and the Local Citizens Committee during the preparation of the Forest Management Plan.
    7. As part of the planning of operations for the second five-year operational term of the Forest Management Plan, formal public consultation opportunities shall be provided at three stages (i.e., review of proposed operations, review of planned operations and inspection of MNR-approved operations). These three stages of formal public consultation shall be conducted in accordance with (a) to (f) of this condition.

Aboriginal consultation

12. The Forest Management Planning Manual shall contain requirements for consultation with Pikangikum First Nation and Aboriginal communities adjacent to the Whitefeather Forest in the development of the Forest Management Plan, a contingency plan, a minor or major amendment to the Forest Management Plan and contingency plan, and an insect pest management program. Those requirements shall include the following:
    1. Prior to the commencement of formal public consultation in the preparation of the Forest Management Plan, the MNR District Manager shall contact Pikangikum First Nation and each Aboriginal community adjacent to the Whitefeather Forest to discuss the development of an approach for consultation with the Aboriginal community. Those discussions shall involve planning team representatives, including the plan author.
       1. If requested by the Aboriginal community, MNR shall ensure that the approach provides for a special information centre when a corresponding public information centre is provided for in the formal public consultation process.
       2. The approach, if developed, shall include requirements regarding notices, consultation forums, information availability, written responses to comments and submissions, and opportunities to consult directly with representatives from the planning team and the Local Citizens Committee.
    2. The Forest Management Planning Manual shall contain requirements for consultation with Aboriginal communities that will apply in the event that a consultation approach is not agreed upon, or an agreed upon approach is not used, which shall, at a minimum, include the consultation requirements described in condition 11.
    3. The Forest Management Planning Manual shall contain requirements for the preparation, during the development of the Forest Management Plan, of an Aboriginal Background Information Report, and a draft and final Report on Protection of Identified Aboriginal Values, and shall contain requirements for consultation with Aboriginal communities in the preparation of these reports. MNR shall seek advice from Aboriginal communities regarding the public availability of Aboriginal values information.

Issue resolution and requests for an individual environmental assessment

13. The Forest Management Planning Manual shall set out a process to resolve issues and to address requests for an individual environmental assessment of specific proposed forest management activities in the Forest Management Plan for the Whitefeather Forest. That process shall include the following:
    1. If a person has an issue during the preparation of the Forest Management Plan, an issue resolution process shall be followed. That process shall include the following requirements:
       1. a written submission from the concerned person requesting issue resolution, including a description of the issue and, preferably, a proposed solution;
       2. opportunities for the involvement of the Local Citizens Committee;
       3. a written response from the plan author, or a written decision from the MNR District Manager or the MNR Regional Director as to resolution of the issue; and
       4. interaction among the concerned person, the plan author, the MNR District Manager and the MNR Regional Director. That process shall be responsive to the schedule for the preparation, review and approval of the Forest Management Plan.
    2. During the preparation and review of the Forest Management Plan for the ten-year period, any request for issue resolution shall be dealt with through progressive steps as follows:
       1. Prior to the draft plan being available for public review, the concerned person shall make the request for issue resolution to the plan author.
       2. During the period for public review of the draft plan, the concerned person shall make the request for issue resolution to the MNR District Manager.
       3. After the completion of the period for public review of the draft plan, the concerned person shall make the request for issue resolution to the MNR Regional Director.
       4. The last date to request the issue resolution process shall be 30 days following the completion of the period for public review of the draft plan.
    3. During the planning of operations for the second five-year operational term, the following shall apply:
       1. Prior to the planned operations being available for public review, the concerned person shall make the request for issue resolution to the plan author.
       2. During the period for public review of the planned operations, the concerned person shall make the request for issue resolution to the MNR District Manager.
       3. After the completion of the 30-day period for public review of the planned operations, the concerned person shall make the request for issue resolution to the MNR Regional Director.
       4. The last date to request the issue resolution process shall be 30 days after the completion of the period for public review of the planned operations.
    4. The requirements of the issue resolution process described in (a) of this condition shall also apply to contingency plans, minor or major amendments to Forest Management Plans and contingency plans, and insect pest management programs, with whatever modifications MNR considers necessary in the circumstances.
    5. At the commencement of public inspection of the MNR-approved Forest Management Plan for the ten-year period, and at the commencement of public inspection of the MNR-approved operations for the second five-year operational term, there shall be a 30-day period for any person to make a written request to the Director of Environmental Assessment and Approvals Branch (EAAB), MOE, for an individual environmental assessment of specific proposed forest management activities in the plan. The Director of EAAB, MOE, shall notify the plan author, the MNR District Manager and the MNR Regional Director of the request, and MNR shall normally have 15 days to respond to the Director of EAAB, MOE, on the request. The Director of EAAB, MOE, shall normally decide on the request within 45 days of the receipt of all necessary information from MNR. The Director of EAAB, MOE, may require MNR to submit additional necessary information, if the Director considers that there are critical deficiencies in the documentation submitted by MNR. If the Director of EAAB, MOE, has not decided on the request within 45 days of receipt of all necessary information, the Director shall provide the reason for the delay and the expected timeframe for a decision, to the MNR District Manager and MNR Regional Director, the plan author and the person requesting an individual environmental assessment.
    6. The opportunity to make a request to the Director of EAAB, MOE, for an individual environmental assessment of specific proposed forest management activities shall also apply to major amendments to Forest Management Plans and insect pest management programs. The Forest Management Planning Manual shall set out the time period for the request. The Director of EAAB, MOE, shall notify the MNR District Manager and MNR Regional Director of the request, and MNR shall normally have 15 days to respond to the Director on the request. The Director of EAAB, MOE, shall normally decide on the request within 30 days of MNR's response to the Director. If the Director of EAAB, MOE, has not decided within 30 days of receipt of the information, the Director shall provide the reason for the delay and the expected timeframe for a decision to the MNR District Manager and MNR Regional Director, the plan author and the person requesting an environmental assessment.
    7. If the Director of EAAB, MOE, has not decided on the request at the time that approved forest management activities are scheduled for implementation, partial or conditional approval of activities may be granted by the MNR Regional Director, upon notice to the requester and with the concurrence of the Director of EAAB, MOE, to permit appropriate operations to proceed in respect of activities and areas unaffected by the outstanding request.
    8. The Director of EAAB, MOE, may deny a request for an individual environmental assessment, and may or may not impose conditions on MNR. If the Director of EAAB, MOE, does not require an individual environmental assessment, the Director shall give written notice to the MNR District Manager and MNR Regional Director, the plan author and the person requesting the individual environmental assessment that the request has been denied, the reasons for the denial and any conditions that are being imposed on MNR.
    9. If the Director of EAAB, MOE, requires an individual environmental assessment, the Director shall give written notice to the MNR District Manager and MNR Regional Director, the plan author and the person requesting the individual environmental assessment, that MNR will be required to prepare and submit an individual environmental assessment for review and approval under the EAA. The specific proposed forest management activities and the areas of the Whitefeather Forest that are the subject of the individual environmental assessment shall be identified in the written notice from the Director of EAAB, MOE. Where the Director of EAAB, MOE, has given written notice, partial or conditional approval of specific proposed forest management activities and the areas of the Whitefeather Forest that are not the subject of the individual environmental assessment, as identified in the written notice, may be granted by the MNR Regional Director, with the concurrence of the Director.

Background information and management unit description

Background information

14. The Forest Management Planning Manual shall contain requirements for the following background information on the Whitefeather Forest to be available for use in forest management planning:
    1. updated forest resource inventory data, in accordance with the requirements of the Forest Information Manual;
    2. fish and wildlife inventory information;
    3. cultural heritage resource inventory information;
    4. mineral resource assessment maps;
    5. the most recent Management Unit Annual Reports available at the time of planning; and,
    6. Pikangikum indigenous knowledge, as provided by Pikangikum First Nation for this purpose.

Management unit description

15. The Forest Management Planning Manual shall contain requirements for a description of the Whitefeather Forest in the Forest Management Plan. Those requirements shall include the following:
    1. a description of the forest, based on updated forest resource inventory data and landscape level information;
    2. a description of fish and wildlife resources, based on fish and wildlife inventory and habitat information;
    3. a relevant social and economic description;
    4. an Aboriginal Background Information Report which includes:
       1. a summary of the use of natural resources in the Whitefeather Forest by Aboriginal communities, in particular hunting, fishing, trapping and gathering;
       2. forest management related problems and issues for those Aboriginal communities; and
       3. an Aboriginal values map which identifies the location of natural resource features, land uses and values which are used by, or of importance to, those Aboriginal communities; and
    5. a values map identifying the locations of natural resource features, land uses and values. A values map is a representation in summary form of the geographical location of the known natural resource features, land uses and values, including cultural resource sites and features, which must be considered in forest management planning, and about which further inventory information is available. The types of information portrayed on a values map (or maps) shall normally include, but are not limited to, the following, where such values have been identified by MNR, the forest industry, or any other person or group, and are verifiable:

    Natural Resource Features, such as:

    • Fisheries
      • major fish communities by lake/stream
      • bait fish lakes
      • spawning areas
      • nursery areas
      • migration areas
      • headwater lakes and streams
      • food supply areas
    • Wildlife
      • moose concentration areas (early & late winter)
      • moose aquatic feeding areas
      • mineral licks
      • moose and elk calving sites
      • deer wintering areas (yards)
      • raptor nests (e.g., eagles, ospreys, red-shouldered hawks, Cooper’s hawks)
      • heronries
      • waterfowl nesting areas
      • important habitats of vulnerable, threatened and endangered species^{footnote 1[1]}
      • caribou migration routes
      • caribou calving/high summer use areas
      • caribou wintering areas
    • Forests
      • tree improvement areas^{footnote 1[1]}
      • seed orchards^{footnote 1[1]}
      • seed collection areas
      • genetic test areas^{footnote 1[1]}
      • research plots (e.g., growth and yield plots)^{footnote 1[1]}

    Forest resources uses/values, such as:

    • Tourism establishments
      • main base lodges
      • outpost camps
      • commercial boat caches
      • potential tourism areas
    • Cottaging/residential sites or areas
      • existing development
      • remote cottage sites
      • proposed development (from lakeshore management plans)
    • Mineral/aggregate/quarry developments
      • pit or quarry permits or licences
      • active mining claims
    • Commercial fur
      • registered trapline areas
      • trapper cabins
    • Crown land recreation
      • access points
      • canoe routes
      • portage trails
      • hiking/nature trails
      • snowmobile trails
      • cross-country ski trails
      • approved boat caches
      • land use permit hunt camps
    • Bear management areas
    • Wild rice production areas

    Existing and planned infrastructure features, such as:

    • roads and railways
    • utilities (pipelines, hydro lines)
    • waste and sewage disposal sites
    • airports/airstrips
    • communications towers
    • logging camps
    • mills
    • potable water supply sources, including sites on lakes, rivers and streams identified by any person as being used for water supplies
    • waterpower facilities

    Cultural heritage sites and features^{footnote 1[1]}, such as:

    • archaeological sites and resources^{footnote 1[1]}
    • cemeteries/burial grounds, including Aboriginal cemeteries and burial grounds^{footnote 1[1]}
    • areas of archaeological potential^{footnote 1[1]}
    • built heritage resources^{footnote 1[1]}
    • traditional use sites^{footnote 1[1]}
    • cultural heritage landscapes^{footnote 1[1]}

    Other special land uses of local significance as identified by any person, such as:

    • areas of significance to local communities such as areas used for traditional or recreational activities
    • Reserves and other Aboriginal communities
    • Areas which have been indentified as being required as reserve lands or for economic or capital development projects
    • Areas of Natural and Scientific Interest
    • Evaluated wetlands and evaluated wetland complexes
    • registered trapline areas
    • areas used for fuelwood or building materials
    • sites of local archaeological, historical, religious and cultural heritage significance, including Aboriginal graveyards, spirit sites and burial sites^{footnote 1[1]}
    • medicinal plants
    • significant ecological area (e.g. significant woodland, significant flora)

    Exclusions from the land base of the management unit, including:

    • Federal lands (e.g., Indian Reserves, Department of National Defence Bases, National Parks)
    • Crown land leases (e.g., land use permits, licences of occupation)
    • patented lands
    • cemeteries/burial grounds, including Aboriginal cemeteries and burial grounds^{footnote 1[1]}
    • Provincial Parks, Conservation Reserves and approved Provincial Park candidates
    • Areas of Natural and Scientific Interest which have been designated as exclusions from the management unit

Planning long-term management direction

16. The Forest Management Planning Manual shall contain planning requirements for the establishment and documentation of the long-term management direction for the Whitefeather Forest in the Forest Management Plan. Those requirements shall include the following:
    1. A description of long-term management direction shall be provided, and shall indicate that the management objectives may have an implementation timeframe greater than the ten-year period of the Forest Management Plan.
    2. In the development of the long-term management direction:
       1. management objectives shall be identified;
       2. analytical methodologies, models and tools, regarding forest regulation, social and economic analysis, wildlife habitat supply and landscape management, shall be used; and
       3. the level of forest harvest shall be established for the ten-year period of the Forest Management Plan, using forest regulation methodologies that determine the Available Harvest Area for every forest unit on the Whitefeather Forest.
    3. Upon completion of the public review of the long-term management direction, and any subsequent modifications, MNR will provide preliminary endorsement of the long-term management direction.

Woodland caribou

17. The Forest Management Planning Manual shall contain the following requirements regarding habitat for woodland caribou (forest-dwelling boreal population) in the Whitefeather Forest:
    1. Guided by the strategic land use direction for the Whitefeather Forest and MNR policy direction, as amended from time to time, MNR shall ensure, through the application of its adaptive management approach to forest management planning, that Forest Management Plans for the Whitefeather Forest seek to provide a continuous supply (i.e., spatially and temporally) of habitat for woodland caribou (forest-dwelling boreal population), through:
       1. the development of the long-term management direction; and
       2. the planning of operations for the activities of access, harvest, renewal and maintenance
    2. A description of how the requirements of(a) of this condition have been addressed in the Forest Management Plan for the Whitefeather Forest shall be provided in the supplementary documentation that accompanies the Forest Management Plan.
    3. MNR shall ensure that the Year Seven and Year Ten Management Unit Annual Reports include information on how the implementation of the Forest Management Plan has provided for a continuous supply of habitat for woodland caribou in the Whitefeather Forest.

Access planning

Strategic access approach

18. The Forest Management Planning Manual shall contain requirements for a strategic approach to the planning of access roads in a Forest Management Plan for the Whitefeather 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 Whitefeather Forest, as set out in the strategic land use direction for the Whitefeather Forest; and
       2. the direction for access development and management, as set out in the strategic land use direction for the Whitefeather Forest.
    2. A description of how the requirements of (a) of this condition have been addressed in the Forest Management Plan shall be provided in the supplementary documentation that accompanies the Forest Management Plan.

Primary and branch road corridors

19. The Forest Management Planning Manual shall contain requirements for corridor planning in the Whitefeather Forest for new primary roads (i.e., roads that provide principal access) and new branch roads (i.e., roads, other than primary roads, the Forest Management Plan for that branch off existing or new primary or branch roads, providing access to and through areas of operations). The requirements shall include the following planning provisions for the preparation of the Forest Management Plan for the ten-year period:
    1. A 1 kilometre wide corridor and an associated use management strategy shall be identified for each new primary and branch road.
    2. For each new primary road, a 1 kilometre wide corridor shall be identified for a 20-year period, based on the consideration and environmental analysis of a reasonable range of practical alternative corridors.
    3. In identifying a reasonable range of practical alternative primary road corridors for analysis, there shall be consideration of the degree to which the physical conditions, non-timber values, and significant engineering or safety factors in the area act at constraints or provide opportunities.
    4. The environmental analysis of the practical alternative pfimary road corridors shall consist of:
       1. an assessment of the advantages and disadvantages of:
          • providing access to areas eligible for harvest, renewal operations;
          • potential effects on non-timber values; and
          • providing access to any remote Aboriginal communities previously inaccessible by road;
       2. consideration of reasonable use management strategies which include public access provisions or restrictions, maintenance provisions and, where appropriate, abandonment provisions; and
       3. an estimate of relative costs related to road construction and use management, including maintenance costs and abandonment costs.
    5. Documentation of the consideration and environmental analysis of alternative primary road corridors, and the rationale for the selected corridor and associated use management strategy for each new primary road, shall be provided in the supplementary documentation that accompanies the Forest Management Plan. The selected corridor for each new primary road, and those primary roads that will be constructed during the ten-year period of the plan, shall be identified on maps in the plan.
    6. For each new branch road, a 1 kilometre wide corridor shall be identified for a ten-year period, based on a consideration of natural resource features, land uses and values, as identified on the values map for the Whitefeather Forest, and the results of consultation with interested and affected persons and organizations. Documentation of the rationale for the corridor and associated use management strategy for each new branch road shall be provided in the supplementary documentation that accompanies the Forest Management Plan. The corridor for each new branch road shall be identified on maps in the plan.

Area of concern crossings – primary and branch roads

20. The Forest Management Planning Manual shall contain planning requirements for each Area of Concern crossing within the 1 kilometre wide corridor for each new primary and branch road. Those requirements shall include the following:

    1. In the planning of operations for each five-year operational term of the Forest Management Plan for the Whitefeather Forest, there shall be a determination and documentation of:

       1. a 100 metre wide location for the road;
       2. conditions on the construction of the Area of Concern crossing; and
       3. acceptable variations to the 100 metre wide location, and the conditions on the construction, of the Area of Concern crossing.

       That determination shall involve consideration of: natural resource features, land uses and values, as identified on the values map for the Whitefeather Forest; the results of consultation with interested and affected persons and organizations; and potential preventive and mitigative measures.

    2. For each new primary and branch road water crossing to be constructed during the term of an Annual Work Schedule for the Whitefeather Forest, the following information shall be provided in the Annual Work Schedule and any subsequent revisions:
       1. a map that shows the 100 metre wide location of the water crossing within the 1 kilometre wide corridor identified in the Forest Management Plan;
       2. the results of a review of the water crossing as required under the federal Fisheries Act;
       3. a description of the proposed crossing structure;
       4. any conditions on the construction of the crossing, including preventive and mitigative measures; and
       5. a recommendation on the future removal of the crossing structure, if the road is planned to be abandoned
    3. To allow for timely review, the proposed location, structure and conditions on construction for each water crossing shall normally be identified in the Annnual Work Schedule preceding the Annual Work Schedule for the year in which construction is scheduled.
    4. As part of the Annual Work Schedule approval, MNR shall approve each primary and branch road water crossing based on the information provided in accordance with (b) of this condition.

Operational roads

21. The Forest Management Planning Manual shall contain planning requirements for operational roads (i.e., roads within an area of operations, other than primary or branch roads). Those requirements shall include the following:
    1. In the planning of operations for each five-year operational term of the Forest Management Plan for the Whitefeather Forest, any necessary conditions on the locations and/or construction of operational road crossings of Areas of Concern shall be identified and documented. In addition, for each area of operations, a use management strategy for all operational roads within the area of operations shall be decumented.
    2. For each operational road water crossing to be constructed during the term of an Annual Work Schedule for the Whitefeather Forest, the following information shall be provided in the Annual Work Schedule and any subsequent revisions:
       1. a map that shows the 100 metre wide location of the water crossing;
       2. the results of a review of the water crossing, as required under the federal Fisheries Act;
       3. a description of the proposed crossing structure;
       4. any conditions on the construction of the crossing, including preventive and mitigative measures; and
       5. a recommendation on the future removal of the crossing structure, if the road is planned to be abandoned.
    3. To allow for timely review, the proposed location, structure and conditions on construction for each water crossing shall normally be identified in the Annual Work Schedule preceding the Annual Work Schedule for the year in which construction is scheduled.
    4. As part of the Annual Work Schedule approval, MNR shall approve each operational road water crossing, based on the information provided in accordance with (b) of this condition.

Planning harvest, renewal and maintenance operations

Identification of areas of operations and forecasts of level of activity

22. The Forest Management Planning Manual shall contain planning requirements for the identification of areas of operations in the Forest Management Plan for the Whitefeather Forest. Those requirements shall include the following:
    1. Criteria shall be developed for use in the identification of areas that could reasonably be harvested during the ten-year period of the Forest Management Plan, consistent with the long-term management direction for the Whitefeather Forest. The criteria shall be documented in the Forest Management Plan, and shall include considerations such as: industrial wood requirements and wood supply commitments; wildlife habitat requirements; emulation of natural disturbance patterns; operability factors; age classes; visual aesthetics; and opportunities for harvesting fuelwood. All areas within the Whitefeather Forest that meet the criteria shall be eligible for harvest, and shall be identified and mapped as optional harvest areas.
    2. From the eligible areas, preferred areas for harvest for the ten-year period of the Forest Management Plan shall be identified and mapped up to the level of the Available Harvest Area for each forest unit and portrayed for each five-year operational term. All other optional harvest areas may be ranked in order of preference.
    3. After considering the results of consultation on the preferred and optional harvest areas, harvest areas shall be selected and mapped for each five-year operational term. Any areas within the areas selected for harvest, which are in excess of the projected industrial wood requirements and wood supply commitments for the Whitefeather Forest, shall be clearly identified and mapped as surplus areas. The area selected for harvest, including the surplus area, shall normally be equally balanced between the two five-year operational terms, and shall not exceed the Available Harvest Area for each forest unit for the ten-year period of the Forest Management Plan.
    4. For clearcut harvest operations, areas shall be selected for harvest in accordance with the direction and standards in MNR’s forest management guide, as revised from time to time, relating to the emulation of natural disturbance patterns. Where clearcuts exceed 260 hectares, each such clearcut shall be recorded in the Forest Management Plan, with the accompanying silvicultural or biological rationale.
    5. Areas for renewal and tending operations shall be identified and mapped for each of the two five-year operational terms. Those areas shall include: all of the areas selected for harvest; areas previously harvested during the terms of the current or previous Forest Management Plan(s) and not yet renewed; areas of natural disturbances which require renewal; and areas which require tending.
    6. A contingency area for harvest operations, available for the ten-year period of the Forest Management Plan, shall also be identified and mapped separately. The contingency area shall be selected from the optional harvest areas, and the area selected must support a minimum of one year and a maximum of two years of harvest operations. The contingency area shall serve as replacement area for harvest during the ten-year period of the Forest Management Plan, in the event that circumstances arise causing the areas selected for operations to be no longer available. The full requirements of the applicable planning conditions of this Declaration Order shall apply to the planning of access roads, harvest, renewal and tending operations for the contingency area.
    7. The Forest Management Plan shall contain a forecast of the level of activity (e.g., harvest, renewal and tending), based on the areas selected for operations for each five-year operational term. The forecast for renewal and tending shall include an estimate of the associated expenditures.

Silvicultural ground rules

23. The Forest Management Planning Manual shall contain planning requirements for the development and documentation of Silvicultural Ground Rules in the Forest Management Plan for the Whitefeather Forest. Those requirements shall include the following:
    1. The Forest Management Plan shall contain Silvicultural Ground Rules for all of the forest unit-ecosite combinations on the Whitefeather Forest. The Silvicultural Ground Rules shall serve as the prescriptions for regular operations in the areas of operations for the ten-year period of the Forest Management Plan. The Silvicultural Ground Rules shall be prepared and certified by a Registered Professional Forester, under the direction of the plan author, using the silvicultural guides described in the Forest Operations and Silviculture Manual.
    2. For each Silvicultural Ground Rule, the preferred silvicultural treatment package that is most commonly used on the Whitefeather Forest shall be identified, as well as acceptable alternative silvicultural treatments for each of the harvest, renewal and tending activities.
       1. If a Silvicultural Ground Rule includes a treatment which is not recommended in the applicable silvicultural guide, that treatment shall be recorded as an exception. The rationale for that exception shall be provided, and the monitoring program for the Forest Management Plan shall describe the methods that will be used to determine the effectiveness of that exception.
       2. On the maps of areas selected for operations for each of the five-year operational terms of the Forest Management Plan, the areas selected for operations shall be cross-referenced to the Silvicultural Ground Rules.
       3. At the time of implementation of operations, in the event that the actual site conditions encountered are found to be different than those previously identified in the Forest Management Plan, other relevant approved alternative silvicultural treatments in the Silvicultural Ground Rules can be selected.

Silvicultural treatments of special public interest

24. The Forest Management Planning Manual shall contain planning requirements for the documentation of silvicultural treatments of special public interest in the Forest Management Plan for the Whitefeather Forest. Those requirements shall include the following:
    1. In the planning of operations for each five-year operational term, locations where the following silvicultural treatments of special public interest are likely to occur shall be portrayed on the maps of the areas selected for operations:
       1. candidate prescribed burns;
       2. areas proposed for aerial application of herbicides;
       3. if applicable, areas which have been identified as eligible for insect pest management, and areas proposed for aerial application of insecticides, as a result of the application of the planning procedure for insect pest management programs; and
       4. areas available for fuelwood.
    2. This information shall represent the best estimate of proposed operations at the time of operational planning, and shall not limit the selection of any other approved alternative silvicultural treatments in the Silvicultural Ground Rules at the time of implementation of operations.

Operational prescriptions for areas of concern

25. The Forest Management Planning Manual shall contain planning requirements for the development and documentation of operational prescriptions (i.e., for harvest, renewal and maintenance activities) for Areas of Concern in the Forest Management Plan for the Whitefeather Forest. Those requirements shall include the following:
    1. Areas of Concern shall be identified for natural resource features, land uses and values that may be affected by forest management operations. These natural resource features, land uses and values are identified on the values map for the Whitefeather Forest, and include all lakes and streams that appear on the maps of the areas selected for operations.
    2. In the planning of operations for each five-year operational term, operational prescriptions for Areas of Concern shall be prepared and documented in a table, and clearly portrayed on the maps of areas selected for operations.
    3. Operational prescriptions for Areas of Concern shall be prepared for individual Areas of Concern, or groups of Areas of Concern with common natural resource features, land uses or values, using the applicable Guides. Operational prescriptions for Areas of Concern may be reserves (i.e., prohibition of operations), modified operations (i.e., specific conditions or restrictions on operations) or regular operations (i.e., in accordance with the Silvicultural Ground Rules), individually or in combination.
    4. For operational prescriptions for individual Areas of Concern, or groups of Areas of Concern with common natural resource features, land uses or values, which apply the specific direction or recommendations (standards and guidelines) in a Guide, documentation of the applicable section of the Guide shall be provided in the Forest Management Plan.
    5. If an operational prescription for an individual Area of Concern, or a group of Areas of Concern with common natural resource features, land uses or values, must be developed in the absence of specific direction or recommendations (standards and guidelines) in a Guide, there shall be a consideration and an environmental analysis of alternative operational prescriptions, and participation of interested and affected persons and organizations. Documentation of the consideration and environmental analysis of alternative operational prescriptions, the participation of interested and affected persons and organizations, and the rationale for the selected operational prescription, shall be provided in the supplementary documentation that accompanies the Forest Management Plan. Any objections to such an operational prescription by interested and affected persons and organizations, and the responses to the objections, shall also be documented.
    6. If other planning exercises have resulted in proposed operational prescriptions that directly relate to forest management activities, those proposed operational prescriptions shall be made available for public review during the appropriate stages of formal public consultation. If the public review does not support the proposed operational prescription, the requirements of (e) or (g) of this condition shall apply. If the public review supports the proposed operational prescription, no further planning shall be required, and the rationale for that operational prescription, including the consideration of the comments received from interested and affected persons and organizations, shall be documented in the Forest Management Plan.
    7. For Areas of Concern which involve cultural heritage, tourism or recreation values, and for which an operational prescription has not been prepared and supported in accordance with (d) or (f) of this condition, there shall be consideration of visual aesthetics, which may include the use of viewscape analysis techniques, in the development of the operational prescriptions. There shall be a consideration and an environmental analysis of alternative operational prescriptions, and participation of interested and affected persons and organizations in the development of the operational prescriptions. Documentation of the consideration and environmental analysis of alternative operational prescriptions, the participation of interested and affected persons and organizations, and the rationale for the selected operational prescription, shall be provided in the supplementary documentation that accompanies the Forest Management Plan. Any objections to such an operational prescription by interested and affected persons and organizations, and the responses to the objections, shall also be documented.
    8. If an operational prescription is developed for an individual Area of Concern, or a group of Areas of Concern with common natural resource features, land uses or values, that differs from the specific direction or recommendations (standards and guidelines) in a Guide, there shall be consideration and environmental analysis of alternative operational prescriptions, and participation of interested and affected persons and organizations. Documentation of the consideration and environmental analysis of alternative operational prescriptions, the participation of interested and affected persons and organizations, and the rationale for the selected operational prescription, shall be provided in the supplementary documentation that accompanies the Forest Management Plan. The operational prescription shall be recorded in the Area of Concern prescriptions table as an exception, and the monitoring program for the Forest Management Plan shall describe the methods which will be used to monitor the effectiveness of that operational prescription exception.

Report on protection of identified Aboriginal values

26. The Forest Management Planning Manual shall contain requirements for preparing and making available a Report on Protection of Identified Aboriginal Values for Aboriginal communities in or adjacent to the Whitefeather Forest during the planning of operations for each five-year operational term of the Forest Management Plan. Those requirements shall include the following:
    1. The planning team, with the support of MNR, shall produce a preliminary Report on Protection of Identified Aboriginal Values that shall include:
       1. a summary of proposed operations and a discussion of proposed primary and branch road corridors of interest to the Aboriginal community;
       2. the most current version of the values map and the Aboriginal values map;
       3. a discussion of proposed operational prescriptions for specific Areas of Concern associated with identified Aboriginal values; and
       4. a discussion of how local Aboriginal hunting, fishing, trapping and gathering activities have been addressed in the planning of forest management operations.
    2. The planning team, with the support of MNR, shall produce a final Report on Protection of Identified Aboriginal Values that shall include:
       1. the draft Forest Management Plan Summary;
       2. the updated version of the values map and the updated Aboriginal values map;
       3. a discussion of selected primary and branch road corridors of interest to the Aboriginal community;
       4. a discussion of the updated operational prescriptions for specific Areas of Concern associated with identified Aboriginal values; and
       5. an updated discussion of how local Aboriginal hunting, fishing, trapping and gathering activities have been addressed in the planning of forest management operations.
    3. The preliminary Report on Protection of Identified Aboriginal Values shall be available prior to the draft Forest Management Plan being available for public review. The final Report on Protection of Identified Aboriginal Values shall be available at the time of public review of the draft Forest Management Plan.

Improving silvicultural planning

27. The Forest Management Planning Manual shall contain requirements for silvicultural planning in the Forest Management Plan for the Whitefeather Forest. Those requirements shall include the following:
    1. In the preparation of the Forest Management Plan, an analysis shall be undertaken by a Registered Professional Forester to determine the necessary levels of renewal and tending activities, and associated expenditures required, to achieve the objectives described in the Forest Management Plan. The analysis shall be documented and shall include a discussion of the following:
       1. the level of previous renewal and tending operations;
       2. the silvicultural effectiveness of previous renewal and tending operations;
       3. the expenditures associated with previous renewal and tending operations; and
       4. recommended changes that may affect the future level, effectiveness, and expenditures associated with the forecasted renewal and tending operations.
    2. During the planning of operations for the second five-year operational term, the analysis required by (a) of this condition shall be updated and documented as appropriate.

Monitoring program

28. The Forest Management Planning Manual shall contain planning requirements for the monitoring of operations in the Forest Management Plan for the Whitefeather Forest. Those requirements shall include the following:
    1. During the planning of operations for each five-year operational term of the Forest Management Plan, provisions for monitoring operations shall be prepared and documented, and shall include:
       1. a general description of the forest operations inspection program for the Whitefeather Forest, and specific provisions for monitoring operations in individual Areas of Concern and groups of Areas of Concern with common values;
       2. a description of monitoring which shall be used to determine the effectiveness of any silvicultural treatments in the Silvicultural Ground Rules which are exceptions to the recommendations in the silvicultural guides described in the Forest Operations and Silviculture Manual;
       3. a description of monitoring which shall be used to determine the effectiveness of operational prescriptions for Areas of Concern which are exceptions to the specific direction or recommendations (standards and guidelines) in the applicable Guides; and
       4. a description of the program for carrying out assessments of regeneration success for both naturally and artificially regenerated areas.
    2. Monitoring descriptions shall include:
       1. the identification of the methods which shall be used;
       2. the timing and duration of monitoring;
       3. the documentation and reporting of monitoring results;
       4. the opportunities for Local Citizens Committee members to participate in monitoring; and
       5. the opportunities for Pikangikum First Nation elders, trappers and other community members to participate in monitoring to gather and record Pikangikum indigenous knowledge.

Contingency plans, amendments to forest management plans and contingency plans and insect pest management programs

Contingency plans

29. The Forest Management Planning Manual shall contain planning requirements for the development of contingency plans for the Whitefeather Forest. Those requirements shall include the following:
    1. A contingency plan shall be prepared when special circumstances affect the implementation of the Forest Management Plan. These circumstances include the following:
       1. delays in preparation and approval of the Forest Management Plan;
       2. the amalgamation of Management Units;
       3. adjustments to forest management planning schedules to improve the timing of forest management planning across the province; or
       4. where an unscheduled plan renewal is required.
    2. To initiate the planning process for a contingency plan, a planning proposal shall be submitted by the MNR Regional Director to the Director of EAAB, MOE, for endorsement. The planning proposal shall describe the need for, the term of, and the content of the contingency plan, public and Aboriginal consultation to date, and provisions for additional public and Aboriginal consultation in its preparation. The public and Aboriginal consultation provisions shall be consistent with the requirements for the Forest Management Plan, and may vary having regard for the extent of public and Aboriginal consultation to date on the proposed operations. The Director of EAAB, MOE, may require the MNR Regional Director to submit additional information related to the planning proposal prior to determining whether to endorse the planning proposal. The Director of EAAB, MOE, shall normally make a decision on endorsement of the planning proposal within 30 days of receipt of all necessary information.
    3. If the Director of EAAB, MOE, endorses the planning proposal, preparation of the contingency plan shall proceed. As in the case of the Forest Management Plan, the contingency plan shall be prepared by a Registered Professional Forester, who shall be the plan author, assisted by a planning team and the Local Citizens Committee. The contingency plan shall be certified by the plan author, and reviewed by MNR district and regional staff. Upon satisfactory completion of changes in response to the MNR review, the contingency plan shall be certified and recommended for approval by the MNR District Manager in accordance with the same requirements as for the Forest Management Plan. Where approved by the MNR Regional Director, the approved contingency plan shall be filed in the same locations as the approved Forest Management Plan.

Amendments to forest management plans and contingency plans

30. The Forest Management Planning Manual shall contain planning requirements for amendments to Forest Management Plans and contingency plans for the Whitefeather Forest. Those requirements shall include the following:
    1. An amendment shall be prepared for any change to an approved Forest Management Plan or an approved contingency plan. Any person can initiate the planning process for an amendment by submitting a written request to the MNR District Manager. The request shall provide a brief description of the need for, and nature of, the proposed amendment. The MNR District Manager, in consultation with the Local Citizens Committee, shall decide if preparation of the proposed amendment should proceed and the appropriate categorization of the amendment as administrative, minor or major. The MNR District Manager’s decision on the preparation of the proposed amendment and its categorization shall consider, at a minimum, the following factors: the amount of planning and public and Aboriginal consultation required for the proposed amendment; time constraints; requests of a similar nature; and the adequacy and relevancy of information available at the time of the request. Where the MNR District Manager has made a preliminary determination that an amendment should be categorized as administrative, and the Local Citizens Committee is not readily available for consultation on this categorization, the District Manager may instead consult the chair of the Local Citizens Committee, or his/her alternate, for the purpose of deciding on this categorization.
    2. All applicable planning and documentation requirements for the Forest Management Plan shall apply to the preparation of an amendment to the Forest Management Plan or a contingency plan. An amendment shall be certified by the plan author and the MNR District Manager, and where approved, shall be filed in the same locations as the approved Forest Management Plan. Public and Aboriginal consultation provisions shall apply to major and minor amendments. The requirements for consultation, including the contents of notices, the recipients of notices, and information availability, shall be consistent with the requirements for the Forest Management Plan, with whatever modifications MNR considers necessary in the circumstances.
    3. Major amendments shall be prepared with the participation of interested and affected persons and organizations, and there shall be a formal opportunity for public and Aboriginal consultation during the preparation of the proposed amendment. Major amendments shall be reviewed by MNR district and regional staff, and approved by the MNR Regional Director. There shall also be a public inspection of the MNR approved amendment, with an opportunity to request the Director of EAAB, MOE, to order an individual environmental assessment of specific proposed forest management activities in the major amendment, in accordance with the process set out in condition 13 of this Declaration Order.
    4. Minor amendments shall be prepared in consultation with interested and affected persons and organizations, and reviewed by MNR district staff. Minor amendments shall be approved by the MNR District Manager, and there shall be a public inspection of the MNR-approved amendment.
    5. Administrative amendments shall be reviewed by MNR district staff, and approved by the MNR District Manager, or his/her designate.
    6. Amendments to contingency plans shall be consistent with the planning proposal for the contingency plan previously endorsed by the Director of EAAB, MOE.
    7. The Forest Management Planning Manual shall contain planning requirements for amendments to Forest Management Plans and contingency plans that may provide for the expeditious planning and implementation of salvage operations.

Insect pest management programs

31. The Forest Management Planning Manual shall contain planning requirements for insect pest management programs for major insect pest infestations on the Whitefeather Forest. Those requirements shall include the following:
    1. When there is a major insect pest infestation, a District insect pest management program shall be developed by an interdisciplinary team, comprised of MNR district and regional staff and a representative(s) of the Local Citizens Committee(s). Areas eligible for insect pest management shall be identified, and a range of management options shall be considered and documented. The following management options shall be considered:
       1. no treatment;
       2. accelerated harvest;
       3. redirected harvest;
       4. salvage harvest;
       5. the use of insecticides; and
       6. appropriate combinations of the foregoing options.
    2. If the selected course of action is accelerated, redirected or salvage harvest operations, the MNR District Manager shall determine if an amendment to the approved Forest Management Plan is required, and if so, the provisions for a Forest Management Plan amendment shall apply.
    3. If the selected course of action involves the aerial application of insecticides, public and Aboriginal consultation provisions shall apply. The requirements for public and Aboriginal consultation, including the contents of notices, the recipients of notices, and information availability, shall be consistent with the requirements of conditions 11 and 12, with whatever modifications MNR considers necessary in the circumstances.
    4. There shall be a formal opportunity for public and Aboriginal consultation during the development of the proposed insect pest management program and specific project proposals. The insect pest management program and specific projects that involve the aerial application of insecticides shall be approved by the MNR Regional Director. There shall also be a public inspection of the approved insect pest management program and specific projects that involve the aerial application of insecticides. There shall also be an opportunity to request the Director of EAAB, MOE, to order an individual environmental assessment of specific forest management activities in the approved insect pest management program, in accordance with the process set out in condition 13 of this Declaration Order.
    5. When considering the use of insecticides, where alternatives to chemical insecticides are commercially available, reasonably cost-effective, and approved federally and provincially for use, MNR shall give preference to such alternatives.

Annual operations

32. The Forest Management Planning Manual shall contain planning requirements for the preparation of, and revisions to, the Annual Work Schedule for the Whitefeather Forest. Those requirements shall include the following:
    1. The Annual Work Schedule and any revisions to it shall be certified by a Registered Professional Forester.
    2. The Annual Work Schedule shall be prepared and approved for the Whitefeather Forest before any operations may proceed. The Annual Work Schedule shall be consistent with the approved Forest Management Plan.
    3. All areas scheduled for access, harvest, renewal and maintenance operations during the year shall be clearly mapped in the Annual Work Schedule.
    4. In approving the Annual Work Schedule, MNR shall approve all water crossings to be constructed during the term of the Annual Work Schedule, based on the information provided in accordance with the access planning requirements set out in conditions 20 and 21.
    5. To allow for timely review of water crossings, as required under the federal Fisheries Act, the Annual Work Schedule shall normally contain the proposed location, structure and conditions on construction for each water crossing expected to be scheduled for construction during the term of the next Annual Work Schedule.
    6. For each prescribed burn project planned during the term of an Annual Work Schedule, an operational plan shall be prepared in accordance with the requirements for prescribed burn planning as described in the Forest Operations and Silviculture Manual. The operational plan, upon MNR approval, shall be appended to the approved Annual Work Schedule.
    7. For each aerial herbicide and insecticide project planned during the term of an Annual Work Schedule, a project description and a project plan shall be prepared in accordance with the requirements for aerial herbicide and insecticide planning as described in the Forest Operations and Silviculture Manual. The project description and project plan, upon MNR approval, shall be appended to the approved Annual Work Schedule.
    8. The Annual Work Schedule shall be reviewed by MNR district staff and approved by the MNR District Manager. MNR shall undertake the review of water crossings proposed in an Annual Work Schedule, as required under the federal Fisheries Act, in accordance with the requirements of the Protocol for the Review of Water Crossings Proposed Through the Forest Management Planning Process, as amended from time to time.
    9. The Local Citizens Committee shall be provided the opportunity to inspect the Annual Work Schedule prior to its approval. The approved Annual Work Schedule shall be available for public inspection, with public notices identifying a person who can be contacted in relation to forest operations on the Whitefeather Forest and opportunities for fuelwood and tree planting jobs.
    10. At the time of implementation of operations:
        1. In the event that a previously unidentified natural resource feature or value is encountered, the applicable operational prescription in the approved Forest Management Plan shall be applied with no requirement for an amendment to the Forest Management Plan or a revision to the Annual Work Schedule. Where an applicable operational prescription is not available in the approved Forest Management Plan, an amendment to the Forest Management Plan and a revision to the Annual Work Schedule shall be required.
        2. In the event that the actual location of a natural resource feature or value is different than the mapped location in the approved Forest Management Plan, the operational prescription in the Forest Management Plan shall be applied in the actual location, with no requirement for an amendment to the Forest Management Plan or a revision to the Annual Work Schedule.
        3. For water crossings, in the event that an unmapped stream is encountered, or the actual location of a stream is different than the mapped location in the approved Annual Work Schedule, or a change to the 100 metre location of the water crossing is necessary, a revision to the Annual Work Schedule shall be required, but no amendment to the Forest Management Plan shall be required.

Management unit annual reporting

33. The Forest Management Planning Manual shall contain requirements for the preparation of a Management Unit Annual Report for the Whitefeather Forest, including text, tables and maps. Those requirements shall include the following:
    1. Each year, a Management Unit Annual Report shall be prepared and certified by a Registered Professional Forester, to report on the implementation of forest management operations during the preceding year. The Management Unit Annual Report shall include a discussion of the progress to date in meeting the planned level of activity described in the Forest Management Plan, and a discussion of any significant events affecting the implementation of the Forest Management Plan. At the time of submission of the Management Unit Annual Report, records of pesticides used for forest management purposes in the current year shall also be submitted.
    2. In addition to these reporting requirements, the Management Unit Annual Reports for Years Three, Seven and Ten shall provide further information as described in (c), (d), and (e) of this condition.

    3. The Year Three Management Unit Annual Report shall serve as a mid-plan review by describing progress in plan implementation. In that report, the Registered Professional Forester shall report on his or her determination as to whether or not the long-term management direction remains valid for the second five-year operational term. The Forest Management Planning Manual shall identify the primary considerations for that determination:

       1. If the long-term management direction remains valid, the report shall recommend that planning for the second five-year operational term proceed; or
       2. If the long-term management direction remains substantially valid, but requires minor adjustments, the report shall recommend that planning for the second five-year operational term proceed with appropriate modifications; or
       3. If the long-term management direction is no longer valid, the report shall recommend that an unscheduled plan renewal occur.

       The MNR Regional Director shall endorse the Year Three Management Unit Annual Report following a review that ensures the recommendations are acceptable for implementation.

    4. The Year Seven Management Unit Annual Report shall serve as background information for use in the preparation of the upcoming Forest Management Plan, and shall include preliminary information on the following items:
       1. an assessment of the achievement of the management objectives of the current Forest Management Plan;
       2. a review and update of the assumptions used to prepare the current Forest Management Plan; and
       3. conclusions and recommendations for consideration in the preparation of the upcoming Forest Management Plan.
    5. The Year Ten Management Unit Annual Report shall serve as background information in the upcoming planning process and shall include final information on the following items:
       1. an assessment of the achievement of the management objectives of the previous Forest Management Plan;
       2. a review and update of the assumptions used to prepare the previous Forest Management Plan; and
       3. final conclusions and recommendations.

Monitoring

Management unit level monitoring

Forest operations inspections

34. MNR shall ensure that forest operations inspections of forest management activities are undertaken on the Whitefeather Forest. MNR shall ensure that:
    1. Individual inspection reports for forest operations inspections are prepared, in accordance with the requirements of MNR's Forest Compliance Handbook, as amended from time to time.
    2. Individual inspection reports for forest operations inspections on the Whitefeather Forest for the most recent five years shall be made available for viewing by the Local Citizens Committee and the general public at the local MNR district office, and for use in independent forest audits.
    3. MNR shall make available to the public, via MNR's internet website, an annual summary of forest operations inspections for the Whitefeather Forest, prepared in accordance with the requirements of the Forest Management Planning Manual, as amended from time to time. This summary shall:
       1. distinguish between inspections conducted by the Sustainable Forest Licensee and MNR; and
       2. identify MNR inspections of incidents of non-compliance reported by the Sustainable Forest Licensee.

Provincial level monitoring

Audit program

35. MNR shall ensure that independent forest audits are conducted for the Whitefeather Forest, in accordance with the requirements of the CFSA and associated regulations, and MNR's independent forest audit processes and protocols, as amended from time to time.

Silvicultural effectiveness monitoring

36. MNR shall ensure that silvicultural effectiveness monitoring and reporting is undertaken on the Whitefeather Forest, in accordance with the requirements of the Silvicultural Effectiveness Monitoring Manual for Ontario, as amended from time to time.

Wildlife population monitoring

37. MNR shall ensure that the Whitefeather Forest is included in the Provincial Wildlife Population Monitoring Program, as amended from time to time.

Reporting

Provincial annual report on forest management

38. MNR shall ensure that information for the Whitefeather Forest is included in the Provincial Annual Report on Forest Management. The Provincial Annual Report on Forest Management shall be provided to the Director of EAAB, MOE, and shall be made available to the public.

State of the forest report

39. MNR shall ensure that information for the Whitefeather Forest is included in the State of the Forest Report. A copy of the State of the Forest Report shall be provided to the Director of EAAB, MOE, and the report shall be made available to the public.

Negotiations with Pikangikum First Nation

40. The MNR District Manager for the MNR District that includes the Whitefeather Forest shall conduct negotiations at the local level with Pikangikum First Nation in order to identify and implement ways of achieving benefits for Pikangikum First Nation from forest management activities. These negotiations shall include, but are not limited to, the following matters:
    1. provision of job opportunities and income associated with forest and mill operations in the vicinity of the Whitefeather Forest;
    2. provision of forest resource licences to Pikangikum First Nation where unallocated Crown timber exists close to the Whitefeather Forest; and
    3. development of programs to provide jobs, training and income for the people of Pikangikum First Nation in forest management operations, through joint projects with Indian and Northern Affairs Canada.

Continuing development and programs

Advisory committees

41. MNR shall ensure that the respective mandates of the applicable Regional Advisory Committee, the Provincial Forest Policy Committee, and the Provincial Forest Technical Committee are broadened to include matters related to the Whitefeather Forest that are brought to the committee(s) by MNR.

Guides

42. MNR's approved Guides, as revised from time to time, shall be used in the planning and implementation of forest management activities on the Whitefeather Forest.

Information collection and management

Inventory, information and management systems

43. MNR shall ensure that information on natural resource features, land uses and values on the Whitefeather Forest is updated, and that the most current, relevant information is available in MNR's information management system for use in forest management planning. The information on natural resource features, land uses and values shall be generally available to the public.

Forest ecosystem classification system

44. MNR shall ensure that the Whitefeather Forest is included in MNR's Ecological Land Classification Program, as amended from time to time.

Scientific research and technical development

Growth and yield program

45. MNR shall ensure that the Whitefeather Forest is included in MNR's provincially coordinated Growth and Yield Program, as amended from time to time. The Forest Management Planning Manual shall include requirements to incorporate the results of the Growth and Yield Program for use in forest management planning for the Whitefeather Forest.

Public education on forest management

46. Following completion of the incorporation of the requirements of conditions 5 to 33 of this Declaration Order into a Forest Management Planning Manual, MNR shall prepare a brochure which outlines the forest management planning process in a simplified form, and shall include a description of how natural resource features, land uses and values are addressed in forest management planning. The brochure shall be updated when any significant amendment is made to the Forest Management Planning Manual. The brochure shall be available for public distribution in English and Ojibway.

Provincial wood supply strategy

47. MNR shall ensure that the Whitefeather Forest is included in MNR's provincial wood supply strategy, as amended from time to time.

Administration of these conditions

Phase-in provisions

48. The conditions of this Declaration Order shall apply as follows:

    1. Within twelve months of the date that this Declaration Order comes into force, MNR shall propose a forest management planning manual that incorporates conditions 5 to 33 of this Declaration Order, and shall be:

       1. subject to review and comment by the public in accordance with the CFSA and its associated regulations; and
       2. reviewed by the EAAB, MOE, for consistency with the conditions of this Declaration Order.

       MNR may propose a new forest management planning manual, or amendments to the existing forest management planning manual, to incorporate conditions 5 to 33 of this Declaration Order.

    2. Until Ontario has published its response to the recovery strategy for Woodland Caribou (Forest-dwelling boreal population) under section 11(8) of the Endangered Species Act, 2007 (the Woodland Caribou Conservation Plan) and conditions 5 to 33 of this Declaration Order are incorporated into a forest management planning manual which is approved in accordance with the provisions of the CFSA, MNR may not carry out any forest management activities on the Whitefeather Forest, except that:
       1. MNR may begin the preparation of the Forest Management Plan for the Whitefeather Forest, by:
          • establishing the role of Pikangikum elders, in accordance with the requirements of condition 9(a)(i);
          • establishing a planning team, in accordance with the requirements of conditions 6 and 9(a)(ii);
          • establishing a Local Citizens Committee, in accordance with the requirements of condition 10;
          • discussing with Pikangikum First Nation and each Aboriginal community adjacent to the Whitefeather Forest the development of an approach to consultation with each community, in accordance with the requirements of conditions 9(a)(iii) and 12; and
          • assembling background information, in accordance with the requirements of conditions 9(b) and 14; and
       2. MNR may use insecticides for insect pest infestations in the Whitefeather Forest, in accordance with the applicable requirements of condition 31.
    3. The conditions of this Declaration Order shall be in force on the date that this Declaration Order is approved by the Lieutenant Governor in Council.
49. This Declaration Order does not apply to the use of insecticides for insect pest infestations where the following criteria are satisfied:
    1. prior to this Declaration Order coming into effect, MNR has commenced or completed the relevant process under another order or approval under the EAA that is applicable to an activity which forms part of the Undertaking; and
    2. MNR carries out the activity in accordance with any applicable requirements of that other order or approval.

Five-year environmental assessment report and monitoring of these conditions

50. In the sixth year following the commencement of forest operations on the Whitefeather Forest, and every five years thereafter, MNR shall prepare a report on the implementation of this Declaration Order. MNR shall provide the report to the Director of EAAB, MOE, and the report shall be made available to the public. The report shall include the following:
    1. a discussion of the environmental, social and economic benefits realized from implementation of the Undertaking;
    2. a description of the implementation of the forest management planning process, including: the cost and time to prepare and approve the Forest Management Plan; amendments to the Forest Management Plan; disposition of requests for individual environmental assessments; and a discussion of related consultation;
    3. a description of the implementation of conditions 9, 17 and 18 in the forest management planning process;
    4. an assessment of the supply of woodland caribou habitat on the Whitefeather Forest;
    5. the schedule for the preparation of the next Forest Management Plan for the Whitefeather Forest;
    6. a summary and discussion of contributions to, and expenditures from, the Forest Renewal Trust and the Forestry Futures Trust for the Whitefeather Forest;
    7. a summary of the progress of on-going negotiations with Pikangikum First Nation, in accordance with condition 40;
    8. a description of the number, type and disposition of requests for amendments, and proposed amendments, to conditions of this Declaration Order;
    9. a description of where the public can obtain a current copy of the conditions of this Declaration Order;
    10. a discussion of specific issues and problems related to implementation of these conditions and other significant matters, and the manner in which they have been addressed to date; and
    11. a description of actions to be taken to improve the overall implementation of the conditions of this Declaration Order.

Amendments to conditions of this declaration order

51. Amendments to conditions of this Declaration Order may be proposed by MNR; requested by any person or organization; or proposed by MOE.

    Proposals from MNR

    1. If MNR is proposing an amendment to these conditions, a Notice of Proposed Amendment shall be given to the Director of EAAB, MOE. MNR shall invite public comment on the proposal by posting a Notice of Proposed Amendment on the Environmental Registry, under the Environmental Bill of Rights, 1993, for a minimum of 30 days, prior to submitting the proposal to the Director of EAAB, MOE.
    2. A Notice of Proposed Amendment shall include:
       1. a brief description of the proposed amendment, including proposed wording, and the rationale for the proposed amendment, including any new information or change in circumstances giving rise to the need for an amendment;
       2. a detailed discussion of expected effects on the natural environment of proceeding with the amendment, including the science underlying the proposal;
       3. a detailed discussion of expected social effects of proceeding with the amendment, including potential impacts on interested and affected persons and organizations;
       4. a detailed discussion of expected economic effects of proceeding with the amendment, including a discussion of cost implications;
       5. a discussion of how the amendment will be implemented, including timeframes and geographic application; and
       6. a discussion of the results of public and Aboriginal consultation conducted to date on the proposed amendment.
    3. Despite (a), a Notice of Proposed Amendment may be given to the Director of EAAB, MOE, by MNR without prior public and Aboriginal consultation where MNR considers the proposed amendment to be administrative, in that there are likely no environmental effects from the implementation of the proposal.
    4. Where the Director of EAAB, MOE, concurs that the proposed amendment is administrative, in that there are likely no environmental effects from the implementation of the proposal, the Director shall forward the proposal to the Minister of the Environment for consideration.
    5. Within 15 days of receiving a Notice of Proposed Amendment, the Director of EAAB, MOE may require, in writing, that MNR provide additional information and that additional public and Aboriginal consultation be undertaken on the Notice of Proposed Amendment, as submitted. The Director of EAAB, MOE, shall specify the nature and extent of any additional information and public and Aboriginal consultation required.
    6. If the Director of EAAB, MOE, does not require additional public and Aboriginal consultation, MNR shall provide the Director with the results of consultation, and MNR's proposed amendment.
    7. If the Director of EAAB, MOE, requires additional public and Aboriginal consultation, MNR shall provide the Director with the results of the consultation, and MNR's proposed amendment.
    8. If the Minister of the Environment concurs with the proposed amendment, the Minister shall post on the Environmental Registry, under the Environmental Bill of Rights, 1993, for at least 30 days, a proposal to amend this Declaration Order.
    9. The Minister of the Environment may, normally within 60 days of posting the proposed amendment on the Environmental Registry, seek the approval of the Lieutenant Governor in Council for an order to amend the conditions of this Declaration Order.

    Requests from any person or organization

    10. Any person or organization requesting that an amendment be made to the conditions of this Declaration Order shall do so in accordance with (k) to (o) of this condition.
    11. Prior to submitting a Notice of Request for Amendment to the Director of EAAB, MOE, a person or organization must first notify MNR in writing, and will provide the following information:
        1. a brief rationale for the proposed amendment, including any new information or change in the circumstances giving rise to the need for an amendment;
        2. a discussion of expected effects on the natural environment of proceeding with the amendment, including the science underlying the proposal;
        3. a discussion of expected social effects of proceeding with the amendment, including potential impacts on interested and affected persons and organizations;
        4. a discussion of expected economic effects of proceeding with the amendment, including a discussion of cost implications; and
        5. proposed wording for the amendment.
    12. MNR shall notify the person or organization within 60 days of receipt of a proposal for an amendment request, that:
        1. MNR intends to proceed with the proposed amendment, with the timeframe for initiating the amendment; or
        2. MNR will attempt to resolve the issue by means other than an amendment (e.g. protocol, memorandum); or
        3. MNR does not intend to proceed with the proposed amendment, with the associated rationale.
    13. If MNR intends to proceed with the proposed amendment, MNR shall follow the process described in (a) to (i) of this condition.
    14. If MNR does not intend to proceed with the proposed amendment, or the issue is otherwise unresolved, the person or organization may submit a Notice of Request for Amendment to the Director of EAAB, MOE.
    15. A Notice of Request for Amendment shall be submitted in writing, in a form approved by the Director of EAAB, MOE, including the following information:
        1. updated information prepared in accordance with (k) of this condition; and
        2. details of discussions with MNR, including a copy of MNR's response to the person or organization requesting that an amendment be made.
    16. The Director of EAAB, MOE, may ask the requester to provide further specified information and consult further with MNR, in light of this information, before the Director prepares a Notice of Proposed Amendment.

    Proposals from MOE

    17. The Director of EAAB, MOE, may propose an amendment to the conditions of this Declaration Order, at the request of a person or organization or on the Director’s own initiative, by providing to MNR a Notice of Proposed Amendment which shall set out the information specified in (b) of this condition.
    18. If an amendment is proposed by the Director of EAAB, MOE, after having considered a Notice of Request for Amendment, the Director shall give a copy of the Notice of Proposed Amendment to the requester. MNR shall have 60 days to comment on the Director’s Notice of Proposed Amendment before the Director posts the Notice of Proposed Amendment for public comment on the Environmental Registry.
    19. If the Minister of the Environment concurs with the proposed amendment, the Minister shall post on the Environmental Registry, under the Environmental Bill of Rights, 1993, for a minimum of 30 days, a proposal to amend this Declaration Order.
    20. Following public and Aboriginal consultation on the Notice of Proposed Amendment, if the Minister of the Environment considers that a modification is necessary to the proposed amendment, the Minister may require the Director of EAAB, MOE, to prepare a new Notice of Proposed Amendment, which shall be provided to MNR and, if applicable, the requester.
    21. The Minister of the Environment may, normally within 60 days of posting a proposed amendment on the Environmental Registry, seek the approval of the Lieutenant Governor in Council for an order to amend the conditions of this Declaration Order.
    22. Nothing in condition 51, specifying time limits, shall affect the validity of any order that the Minister of the Environment may make.

Definitions of terms

52. When used in this Declaration Order, the following words and phrases have the meanings set out below:

    Aboriginal Background Information Report

    a document prepared in accordance with the Forest Management Planning Manual, which summarizes for each Aboriginal community in or adjacent to the management unit, past resource use and recent forest managementrelated concerns, and includes an Aboriginal values map.

    Annual Work Schedule

    a work schedule, under section 17 of the CFSA, prepared in accordance with the Forest Management Planning Manual.

    Area of Concern

    an area of value to other users or uses which may be affected by forest management activities.

    Area of the Undertaking

    an area consisting of approximately 385,000 square kilometres (38.5 million hectares) of Crown land in Ontario, on which forest management activities are conducted in accordance with Declaration Order MNR-71, as amended from time to time.

    Available Harvest Area

    the managed forest area that may be harvested, determined in accordance with the Forest Management Planning Manual, during the period of a Forest Management Plan.

    Contingency Plan

    an interim Forest Management Plan, prepared in accordance with the Forest Management Planning Manual, which is required when special circumstances affect the implementation of a Forest Management Plan.

    CFSA

    means the Crown Forest Sustainability Act, 1994, as amended.

    Declaration Order

    an order of the Minister of the Environment prepared under section 3.2 of the EAA, and approved by the Lieutenant Governor in Council or of such ministers of the Crown as the Lieutenant Governor in Council may designate, declaring that the EAA, the regulations or a matter provided for under the EAA does not apply with respect to a proponent, a class of proponents, an undertaking or a class of undertakings.

    Declaration Order MNR-71

    the Declaration Order Regarding MNR's Class Environmental Assessment Approval for Forest Management on Crown Lands in Ontario, as amended from time to time, pursuant to which section 5 of the EAA does not apply to the undertaking of forest management planning, comprising the interrelated activities of access, harvest, renewal, maintenance and their planning, as provided for under the CFSA, its regulations and regulated manuals, on Crown lands on Management Units in the AOU.

    EAA

    means the Environmental Assessment Act, as amended.

    Ecological Land Classification Program

    MNR's program which incorporates the requirements of condition 41 of Declaration Order MNR-71, and includes a hierarchical approach developed by MNR, to classifying land that is based on a consistent framework of landscape-scale through site-scale ecosystems by combinations of geologic, climatic, vegetative, soil, and landform features.

    Environmental Assessment Board’s 1994 Timber Class Environmental Assessment Approval

    the EAA approval for forest management on Crown lands in Ontario resulting from the Timber Class Environmental Assessment Hearing, conducted before the Environmental Assessment Board, between May 1988 and November 1992.

    Environmental Registry

    a registry established under section 5 of the Environmental Bill of Rights, 1993, to provide a means of giving information about the environment to the public.

    Five-Year Environmental Assessment Report

    the document, prepared on a five year cycle as directed by condition 50 of this Declaration Order, and which reports on the implementation of the specified conditions of this Declaration Order.

    Forest Information Manual

    the document prepared under section 68 of the CFSA, and related to the provision of forest information.

    Forest Management Plan

    the document prepared in accordance with the Forest Management Planning Manual, and section 8 of the CFSA.

    Forest Management Planning Manual

    the document prepared pursuant to section 68 of the CFSA, as amended from time to time, relating to forest management planning requirements and incorporating conditions 5 to 33 of this Declaration Order.

    Forest Management Plan Summary

    a summary of the Forest Management Plan, prepared in accordance with the Forest Management Planning Manual.

    Forest Operations and Silviculture Manual

    the document prepared pursuant to section 68 of the CFSA, and relating to the conduct of forest operations.

    Forest Renewal Trust

    a trust established or continued under section 48 of the CFSA.

    Growth and Yield Program

    MNR's program which incorporates the requirements of condition 42 of Declaration Order MNR-71, and examines forest growth and yield in Ontario. Growth is the incremental increase during a given time period for a variable associated with tree development, such as diameter, basal area, tree height or volume. Yield is the accumulated growth of a tree from the time of germination until a given time, and is usually expressed in units of basal area, height or volume.

    Guides

    MNR's forest management guides which are reviewed and revised in accordance with the requirements of condition 38 of Declaration Order MNR-71. Guides include silvicultural guides, implementation manuals and other forest management guides described in the Forest Operations and Silviculture Manual, and any forest management guide that is adopted by reference in the Forest Operations and Silviculture Manual.

    Insect Pest Management Program

    a program which is a result of a planning process that considers management options and recommends courses of action to manage a major insect infestation.

    Keeping the Land: A Land Use Strategy for the Whitefeather Forest and Adjacent Areas

    the document prepared by Pikangikum First Nation, in co-operation with MNR, that describes the strategic land use direction for the Whitefeather Forest, dated June 26, 2006.

    Local Citizens Committee

    an advisory committee of local citizens established under section 13 of the CFSA.

    Management Unit

    an area of Crown forest designated under section 7 of the CFSA.

    Management Unit Annual Report

    a document which is prepared annually, in accordance with the Forest Management Planning Manual, that reports on the implementation of a Forest Management Plan.

    Notice of Request for Declaration Order Amendment

    a form prescribed by MOE to request a change to conditions of this Declaration Order.

    Notice of Proposed Declaration Order Amendment

    a notice issued by MOE or MNR to inform the public of a proposed change to conditions of this Declaration Order.

    Ontario Forest Accord

    the document, dated March 1999, that sets out an approach by government, the forest industry and the environmental community to work together to establish new protected areas while considering the needs of the forest industry for a sustainable wood supply.

    Provincial Annual Report on Forest Management

    a document which is prepared annually, in accordance with the requirements of condition 32 of Declaration Order MNR-71, and provides a provincial summary of forest management activities.

    Provincial Wildlife Population Monitoring Program

    MNR's program which incorporates the requirements of condition 30 of Declaration Order MNR-71, and is designed to collect and examine long-term trend data on representative terrestrial vertebrate species.

    Provincial Forest Policy Committee

    a group of citizens whose mandate is to provide advice on forest policy and other related matters to the MNR Deputy Minister, as directed by condition 36 of Declaration Order MNR-71.

    Provincial Forest Technical Committee

    a group of citizens whose mandate is to provide advice to the MNR Assistant Deputy Minister, Forests Division, as directed by condition 37 of Declaration Order MNR-71.

    Provincial Wood Supply Strategy

    a document which is prepared in accordance with the requirements of condition 48 of Declaration Order MNR-71,and provides strategic direction to address wood supply issues.

    Provincial Wildlife Population Monitoring Program

    MNR's program which incorporates the requirements of condition 30 of Declaration Order MNR-71, and is designed to collect and examine long-term trend data on representative terrestrial vertebrate species.

    Regional Advisory Committee

    a group of citizens whose mandate is to provide advice to a MNR Regional Director, Field Services Division, as directed by condition 35 of Declaration Order MNR-71.

    Registered Professional Forester (R.P.F.)

    a person licensed under the Professional Foresters Act, 2000.

    Report on Protection of Identified Aboriginal Values

    a document prepared in accordance with the Forest Management Planning Manual that reports on how values identified in the Aboriginal Background Information Report, and results of consultation with Aboriginal communities, have been addressed in the Forest Management Plan.

    Silvicultural Ground Rules

    specifications, standards and other instructions prepared in accordance with the Forest Management Planning Manual, that direct silvicultural activities on the management unit.

    Silvicultural Effectiveness Monitoring Manual for Ontario

    MNR's manual which incorporates the requirements of condition 29 of Declaration Order MNR-71, and provides direction for monitoring the effectiveness of silvicultural activities on a management unit.

    State of the Forest Report

    a document which incorporates the requirements of condition 33 of Declaration Order MNR-71, and is prepared on a five year cycle, as directed by section 22 of the CFSA.

    Sustainable Forest Licence

    a licence granted under section 26 of the CFSA.

    Whitefeather Forest

    an area consisting of approximately 1.2 million hectares of Crown land, lying within the geographic boundaries shown in Appendix 1, that includes the entire area addressed in Keeping the Land: A Land Use Strategy for the Whitefeather Forest and Adjacent Areas, including the areas identified therein as Adjacent Areas.

    Year Three Management Unit Annual Report

    a Management Unit Annual Report, prepared in accordance with the Forest Management Planning Manual, that shall also serve as the mid-plan review by describing progress in implementation of the Forest Management Plan.

    Year Seven Management Unit Annual Report

    a Management Unit Annual Report, prepared in accordance with the Forest Management Planning Manual, that shall also serve as background information in the preparation of the upcoming Forest Management Plan.

    Year Ten Management Unit Annual Report

    a Management Unit Annual Report, prepared in accordance with the Forest Management Planning Manual, that shall also serve as background information in upcoming planning processes including final information on plan objectives, assumptions, conclusions and recommendations.

Dated the 15^th day of April, 2009 at Toronto

Original signed by:
Minister of the Environment

Approved by O.C. number 662/2009
Dated O.C. approved April 29, 2009
Environmental assessment file number: EA-04-05