On April 22, 2019, the Minister of the Environment, Conservation and Parks granted an amendment to declaration order MNR-75.

Read the Order in Council and declaration order amendment (MNR-75/2).

Order made under the Environmental Assessment Act

Declaration Order Regarding the Ministry of Natural Resources and Forestry Environmental Assessment Approval for Forest Management on Crown Lands in Ontario

Having received the Request for Amendment from the Ministry of Natural Resources (now known as the Ministry of Natural Resources and Forestry (MNRF) as of June 24, 2014) submitted pursuant to Condition 53 of MNR-71 and Condition 51 of MNR-74 that Declaration Orders MNR-71 and MNR-74, be amended pursuant to section 3.2 of the Environmental Assessment Act (EAA), and that section 5 and 38 of the EAA continue not to 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 Crown Forest Sustainability Act, 1994, its regulations and regulated manuals, on Crown lands in the area outlined in Schedule 1.

Having considered that forest management on Crown lands covering an area consisting of approximately 38.5 million hectares was comprehensively examined by the Ontario Environmental Assessment Board in a public hearing that occurred in 1988-1992 which led to the Board’s April 5 (released April 20), 1994 approval (Forest EA Approval);

Having considered that the purpose of the Crown Forest Sustainability Act, 1994 (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 that, among other things, a Forest Management Plan be prepared for each Management Unit in accordance with the Forest Management Planning Manual;

Having considered that the Forest EA Approval led to Declaration Order MNR-71 (MNR-71) approved, June 25, 2003 (O.C. 1389/2003), and amended on March 21, 2007, (O.C. 569/2007), which was subject to extensive consultation including consultation through the Environmental Registry and exempted forest management activities in the areas covered by MNR-71 from sections 5 and 38 of the EAA;

Having considered that Declaration Order MNR-74 (MNR-74), approved on April 29, 2009 (O.C. 662/2009) following extensive consultation, extended the conditions of MNR-71 to forest management activities in the Whitefeather Forest, to incorporate Pikangikum First Nation’s customary stewardship practices and to facilitate Pikangikum First Nation’s involvement in forest management to provide enhanced social and economic benefits for the community and to exempt forest management activities in the area covered by the Order from the EAA;

Having considered the Request for Amendment from the Ministry of Natural Resources and Forestry, dated November 29, 2010, and the revised Request for Amendment from the Ministry of Natural Resources dated January 11, 2013 submitted pursuant to Condition 53 of MNR-71 and Condition 51 of MNR-74;

Having considered MNRF’s request for amendments, I determined that making a new Declaration Order that revokes the existing Declaration Orders MNR-71, MNR-71/2 (amending MNR-71) and MNR-74, subject to certain transition provisions, and that consolidates and amends the conditions of MNR-71 and MNR-74 would provide for a more efficient administrative process for forest management on Crown Lands;

Having considered that the proposed amendments and proposed consolidation of MNR-71 and MNR-74 into a new Declaration Order was posted on the Environmental Registry from October 3, 2013 to November 18, 2013, as a policy proposal notice with supporting documentation entitled Notice of Amendments to and Administrative Consolidation of the Ministry of Natural Resources' Declaration Orders MNR-71 and MNR-74 regarding EAA Coverage for Forest Management on Crown Land in Parts of Ontario;

Having considered comments made by the public, stakeholders, the Government Review Team and Aboriginal communities on the Environmental Registry policy proposal;

Having considered the purpose of the EAA and having concluded that it is in the public interest to revoke and replace the existing Declaration Orders with a new Declaration Order as set out below;

Having concluded that a failure to revoke and replace the existing Declaration Orders with a new Declaration Order to have section 5 and 38 of the EAA continue not to apply to the undertaking may result in the following injury, damage or interference with persons and property:

  • interference with MNRF’s authority to carry out the purpose of the CFSA, its regulations and regulated manuals with respect to forest management planning on Crown lands; and
  • injury or damage to the forest industry and interference with the social, economic and environmental needs of communities and citizens if the forest management planning activities included in the undertaking cannot be approved by MNRF;

pursuant to section 3.2 of the EAA and subject to the conditions contained in this Order, including a condition to revoke MNR-71, as amended, and MNR-74, subject to transition, I declare that 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 in the area outlined in Schedule 1 (the Undertaking) is not subject to sections 5 and 38 of the EAA:

Definitions

In this Declaration Order,

"Aboriginal Community In or Adjacent to a Management Unit"
means an Aboriginal community that is determined to be in or adjacent to the Management Unit in accordance with Condition 9 (a) of this order.
"Access"
means the forest management operations of road construction, road maintenance, and the use management of roads to provide access to the forest for the Harvest of the forest resource, the transport of those resources to wood-processing facilities, and forest management Renewal and Maintenance activities.
"Area of Concern"
means a geographic area established for an identified Value that may be affected by forest management activities.
"Available Harvest Area"
means the maximum area for each forest unit that may be Harvested during the period of the Forest Management Plan, as determined in the development of the Long-Term Management Direction.
"Branch Road"
means a road, other than a Primary Road, that branches off an existing or new Primary or Branch Road, providing access to, through or between areas of operations on a Management Unit.
"Cat-Slate Forest"
means the area consisting of approximately 1.5 million hectares of Crown land that includes the entire area addressed in Niigaan Bimaadiziwin—A Future Life (July 2011).
"Contingency Plan"
means an interim Forest Management Plan prepared to permit the implementation of operations for the period between the expiry of the current Forest Management Plan and the approval for implementation of a new Forest Management Plan.
"Ecological Land Classification Program"
means a hierarchical approach developed by MNRF, for 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.
"Environment"
has the same meaning as in the Environmental Assessment Act.
"Environmental Assessment Board’s 1994 Timber Class Environmental Assessment Approval"
means the decision of the Environmental Assessment Board of April 5, 1994 released on April 20, 1994, known as Reasons for Decision and Decision: Class Environmental Assessment by the Ministry of Natural Resources for Timber Management on Crown Lands in Ontario
"Environmental Registry"
means the registry established under section 5 of the Environmental Bill of Rights, 1993.
"Forest Information Manual"
means the document of that name prepared under section 68 of the Crown Forest Sustainability Act, 1994, and approved by the regulations, including amendments to the Manual approved by the regulations.
"Forest Management Plan"
means a document of that name prepared in accordance with the Crown Forest Sustainability Act, 1994, for a Management Unit in accordance with the Forest Management Planning Manual.
"Forest Management Planning Manual" or "FMPM"
means the document of that name prepared under section 68 of the Crown Forest Sustainability Act, 1994, and approved by the regulations, including amendments to the Manual approved by the regulations.
"Forest Operations and Silviculture Manual" or "FOSM"
means the document of that name prepared under section 68 of the Crown Forest Sustainability Act, 1994, and approved by the regulations, including amendments to the Manual approved by the regulations.
"Harvest"
means the removal of forest resources for use, by cutting, extracting, and may include initial processing, using the logging methods of shortwood, tree-length and full tree and all in accordance with the silvicultural systems and methods of clearcutting by block, strip or patch; shelterwood cutting by group, irregular, strip or uniform cutting; or selection cutting by single-tree or group selection.
"Independent Forest Audit"
means the audit required by Ontario Regulation 160/04—Independent Forest Audits.
"Insect Pest Management Program"
means a program, which is a result of a planning process that considers management options, and recommends a course of action to manage a major insect infestation.
"International Best Practices"
includes those practices developed by international organizations or other jurisdictions, to report on carbon balances for managed forests and that are based on a consistent verifiable methodology.
"Issue Resolution"
means the process required under Condition 10 of this Order.
"Known Affected Persons"
means persons or organizations that appear on the MNRF District mailing list who may be directly affected by forest operations in localized areas of a Management Unit.
"Known Interested Persons"
means persons or organizations, including Known Affected Persons, which appear on the MNRF District mailing list, who are potential participants in matters related to forest management planning for a Management Unit.
"Local Citizens Committee" or "LCC"
means an advisory committee of local citizens established under section 13 of the Crown Forest Sustainability Act, 1994 .
"Long-Term Management Direction"
means a strategic component of a Forest Management Plan, which considers management objectives, indicators, assessment of sustainability, social and economic assessment, and levels of activities, required to achieve the desired forest and benefits, and provide for the sustainability of the forest within a Management Unit.
"Maintenance"
means the forest management operations of tending by manual or chemical cleaning, thinning, stand improvement or pruning, and protection to prevent, control or manage the spread of, or damage caused by insect and disease infestations by manual, chemical or biological treatments in order to provide for the survival and development of a forest to maturity.
"Management Unit"
means an area of Crown forest designated under section 7 of the Crown Forest Sustainability Act, 1994.
"MECP"
means the Ministry of Environment, Conservation and Parks.
"MECP Director"
means the Director of the MECP branch responsible for this Declaration Order.
"MNRF ADM"
means the Assistant Deputy Minister who is responsible for forest management planning policy matters within MNRF.
"MNRF Director"
means the Director of the MNRF branch responsible for developing and maintaining policies and programs that guide the sustainable management of Crown forests.
"MNRF District Manager"
means a person who has delegated statutory authority under the Crown Forest Sustainability Act, 1994 to deal with matters contemplated to be dealt with by an MNRF District Manager in this Order.
"MNRF Guide"
means a guide that is listed in the Forest Operations and Silvicultural Manual.
"MNRF Regional Director"
means a person who has delegated statutory authority under the Crown Forest Sustainability Act, 1994 to deal with matters contemplated to be dealt with by an MNRF Regional Director in this Order.
"MNRF Regional Resources Manager"
means a person who has delegated statutory authority under the Crown Forest Sustainability Act, 1994 to deal with matters contemplated to be dealt with by an MNRF District Manager in this Order.
"Operational Road"
means a road constructed within an operational road boundary, other than a Primary or Branch Road, to provide short-term access for Harvest, Renewal and Maintenance operations. Operational Roads are normally not maintained after they are no longer required for forest management purposes, and are often site prepared and regenerated.
"Plan Author"
means a Registered Professional Forester who is responsible for the preparation and certification of a Forest Management Plan. Where the original Plan Author of the Forest Management Plan no longer has that responsibility, his or her successor is deemed to be the Plan Author.
"Planned Operations"
means the Access, Harvest, Renewal and Maintenance operations in an approved Forest Management Plan to be implemented on specific areas of a Management Unit during the period of the plan.
"Primary Road"
means a road that provides principal access for the Management Unit, and is constructed, maintained and used as part of the main road system on the Management Unit. Primary Roads are normally permanent roads.
"Provincial Biennial Report on Forest Management"
means a document of that name prepared biennially, as directed by conditions of this Order that provides a provincial summary of the implementation of Forest Management Plans as reported in Management Unit Annual Reports.
"Registered Professional Forester"
means a person licensed under the Professional Foresters Act, 2000.
"Renewal"
means the silvicultural operations of site preparation by mechanical or chemical means or by prescribed burn, and regeneration by natural or artificial means, for the purposes of stimulating and promoting the establishment and growth of desired future forest stands.
"Room to Grow"
means the policy framework described in the Final Report of the Ontario Forest Accord Advisory Board on Implementation of the Accord dated March 2002.
"Silvicultural Ground Rules"
means the specifications, standards and other instructions that direct silvicultural activities on a Management Unit during the period of a Forest Management Plan.
"Species at Risk"
means species that are classified as at risk under the Endangered Species Act, 2007.
"State of Ontario’s Forests Report"
means the report prepared pursuant to section 22 of the Crown Forest Sustainability Act, 1994.
"Sustainable Forest Licence"
means a licence granted under section 26 of the Crown Forest Sustainability Act, 1994.
"Use Management Strategy"
means an approach outlining the purpose and description, and defining the roles and responsibilities related to use, maintenance, use control, decommissioning and monitoring of roads on Crown lands.
"Value"
means a natural, cultural or Aboriginal resource attribute or use of land, including all lakes and streams, which must be considered in forest management planning.
"Whitefeather Forest"
means the area consisting of approximately 1.2 million hectares of Crown land that includes the entire area addressed in Keeping the Land: A Land Use Strategy for the Whitefeather Forest and Adjacent Areas (June 2006), including the areas identified therein as Adjacent Areas.

Forest Management Planning Direction

Schedule 1—Area of the Undertaking

0.1 The area in which the undertaking may be carried out consists of an area of approximately 46.5 million hectares, extending throughout the central portion of the province from the Quebec border to the Manitoba border, of which approximately 38.9 million hectares are Crown lands. The area is as shown on the map in Schedule 1 to the Declaration Order.

Forest Management Planning Manual

    1. MNRF shall use the Forest Management Planning Manual required by section 68 of the Crown Forest Sustainability Act, 1994 (CFSA), in the preparation of Forest Management Plans.
    2. MNRF shall make available all versions of the Forest Management Planning Manual that are in force on a named, publicly accessible website.

Ten-Year Forest Management Plans, Mid-Plan Check and Plan Extensions

  1. The Forest Management Planning Manual shall include the following requirements for the preparation of, and documentation for, a Forest Management Plan prepared for a Management Unit, and for a mid-plan check and a plan extension:

    Forest Management Plan

    1. A Forest Management Plan shall be prepared for a ten-year period, and shall include:
      1. the Long-Term Management Direction for the Management Unit; and
      2. the planning of operations for the activities of Access, Harvest, Renewal and Maintenance for the ten-year period.

    Mid-Plan Check

    1. In the fourth year of implementation of a Forest Management Plan, the Plan Author and MNRF shall undertake a mid-plan check.
      1. The mid-plan check shall consider the following:
        • New relevant legislation, policy or MNRF Guide requirements;
        • results of any major natural disturbance that has occurred on the Management Unit since the Forest Management Plan was approved;
        • information provided in the Management Unit Annual Report for the last year of the previous Forest Management Plan and the Management Unit Annual Reports for the first three years of the current Forest Management Plan;
        • results of Independent Forest Audits conducted for the Management Unit and any associated action plans.
      2. After reviewing the mid-plan check, and upon considering the recommendation of the MNRF District Manager or MNRF Regional Resources Manager, the MNRF Regional Director shall decide that:
        • the Forest Management Plan does not require amendment; or
        • the Forest Management Plan requires amendment to:
          • the Long-Term Management Direction because of new legal, policy or MNRF Guide requirements or a major natural disturbance that has occurred on the Management Unit; or
          • the remaining Planned Operations in the Forest Management Plan;

        or

        • a new Forest Management Plan needs to be prepared because of:
          • new relevant legal, policy or MNRF Guide requirements;
          • the results of a major natural disturbance that has occurred; or
          • in the opinion of the MNRF Regional Director, the continued implementation of the Long-Term Management Direction for the plan will not provide for sustainability of the forest.
      3. Documentation requirements for the mid-plan check shall include:
        • the decision on the matters listed in clause (b)(ii) of this condition, including supporting rationale and a description of any required amendments to the Forest Management Plan or the rationale for requiring a new Forest Management Plan to be prepared (an unscheduled plan renewal); and
        • a brief statement as to the Local Citizens Committee’s (LCC) agreement or disagreement with the recommendation of the MNRF District Manager.
      4. A media notice(s) shall be provided to advise that the mid-plan check is available on a named, publicly accessible website.

    Plan Extension

    1. The duration of a Forest Management Plan may be extended once for a maximum of two years if any planned operations for the activities of Access, Harvest, Renewal or Maintenance in an approved Forest Management Plan are not expected to be completed by the end of the period of the plan.
      1. To initiate a plan extension, a written proposal shall be submitted to the MNRF District Manager which shall include:
        • the proposed term of the plan extension identifying whether the extension will be up to three months (“short-term extension”) or more than three months and up to two years (“long-term extension”);
        • a brief discussion of the progress of plan implementation;
        • the Planned Operations to be implemented during the term of the plan extension from the Forest Management Plan;
        • a discussion of the effect of the extension on the timing of the preparation, review and approval of the next Forest Management Plan; and
        • identification and description of the proposed approach for notification and consultation with Known Affected Persons who may be impacted by the Planned Operations during the term of the plan extension.
      2. For short-term plan extensions, the following requirements shall apply:
        • the MNRF District Manager or MNRF Regional Resources Manager shall review the request with the MNRF Regional Director, and the MNRF Regional Director shall consider whether preparation of the plan extension should proceed and what revisions to the plan extension proposal, if any, are necessary; and
        • if the MNRF Regional Director is of the opinion that preparation of the proposed plan extension should proceed, with or without revisions to the proposal, the Plan Author will be requested to provide the details of the Planned Operations to be implemented during the term of the plan extension, and to provide a summary of discussions with Known Affected Persons in accordance with the requirements of condition 8(i).
      3. For long-term plan extensions, the following requirements shall apply:
        • the MNRF District Manager or MNRF Regional Resources Manager shall review the proposal with the LCC and the MNRF Regional Director, and the MNRF Regional Director shall consider whether preparation of the plan extension should proceed and what revisions to the plan extension proposal, if any, are necessary; and
        • if the MNRF Regional Director is of the opinion that preparation of the plan extension should proceed, with or without revisions to the proposal, the Plan Author will be requested to provide the details of the Planned Operations to be implemented during the plan extension, and a summary of discussions with Known Affected Persons in accordance with the requirements of condition 8(k).

Plan Preparation by Plan Author, Planning Team and LCC

  1. The Forest Management Planning Manual shall include the following requirements for participation in the preparation of a Forest Management Plan:
    1. A Forest Management Plan shall be prepared by the Plan Author who shall be a Registered Professional Forester.
    2. The Plan Author shall be assisted by an interdisciplinary planning team including the following persons:
      1. an MNRF Registered Professional Forester appointed by the MNRF District Manager;
      2. a representative from the LCC, if the LCC elects to participate on the planning team;
      3. a representative from each Aboriginal Community In or Adjacent to the Management Unit, if the Aboriginal community elects to participate on the planning team; and
      4. a person, appointed by the MNRF District Manager, who collectively represents overlapping licensees and beneficiaries of MNRF wood supply commitments who do not have ownership in the company holding the sustainable forest licence on the Management Unit, if it is reasonably possible to identify such a person and that person elects to participate on the planning team.
    3. MNRF shall give notice to the LCC and each Aboriginal Community In or Adjacent to the Management Unit that they are each entitled to have one member on the interdisciplinary planning team.
    4. The Forest Management Plan shall be prepared in an open and consultative fashion, and the planning team shall provide opportunities for ongoing participation in the preparation of the plan by the LCC, Known Interested Persons, Aboriginal Communities In or Adjacent to the Management Unit, and the general public.

Background Information

  1. The Forest Management Planning Manual shall require that the following information be made available for a Management Unit for use in forest management planning:
    1. the planning inventory, which includes updated forest resource inventory data, in accordance with the requirements of the Forest Information Manual;
    2. a description of the historic forest condition;
    3. Values information, as specified in the Forest Information Manual;
    4. fish and wildlife inventory information;
    5. Species at Risk inventory information;
    6. cultural heritage resource inventory information;
    7. mineral resource assessment maps;
    8. the Management Unit Annual Report for the last year of implementation of the previous Forest Management Plan, and the Management Unit Annual Reports for the current Forest Management Plan, where available;
    9. results of Independent Forest Audits conducted and any associated action plans; and
    10. an Aboriginal Background Information Report which includes:
      1. a summary of the use of natural resources on the Management Unit by Aboriginal Communities In or Adjacent to the Management Unit, particularly with respect to hunting, fishing, trapping and gathering;
      2. forest management-related concerns for those Aboriginal communities; and
      3. Aboriginal Values information which identifies the location of Values which are used by or are of importance to, the Aboriginal Communities In or Adjacent to the Management Unit. MNRF shall seek advice from the Aboriginal communities regarding the degree to which, if at all, Aboriginal Values information should be made public.

Management Unit Description

  1. The Forest Management Planning Manual shall include the following requirements for a description of the Management Unit in a Forest Management Plan:
    1. a description of the forest, based on the planning inventory and landscape level information;
    2. a brief description of Species at Risk, based on Species at Risk inventory information and habitat information;
    3. a brief description of fish and wildlife resources, based on fish and wildlife inventory information and habitat information; and
    4. a social and economic description for the Management Unit.

Sources of Guidance and Direction

  1. MNRF shall ensure that:

    1. The Forest Operations and Silviculture Manual sets out a list of the guidance and direction to be referenced in the planning and implementation of forest management activities.
    2. The Forest Management Planning Manual sets out instructions for the use of the guidance and direction listed in the Forest Operations and Silviculture Manual, and any other policies or direction that must be considered in the planning and implementation of forest management activities.

Public and Aboriginal Consultation

Local Citizens Committees

  1. The Forest Management Planning Manual shall include a description of the requirements respecting the effective operation of LCCs, including:

    1. the role of the committee in relation to forest management planning and Insect Pest Management Programs;
    2. committee membership representing a range and balance of interests;
    3. purpose of the committee;
    4. terms of reference for the committee;
    5. administration of the committee;
    6. reports of the committee; and
    7. records of the committee.

Public Consultation

  1. The Forest Management Planning Manual shall include the following requirements for formal public consultation in the preparation of each of the following: a Forest Management Plan, a short-term plan extension, and a long-term plan extension:

    Forest Management Plan

    1. In the preparation of a Forest Management Plan, formal public consultation opportunities shall be provided in five stages:
      1. Stage 1—invitation to participate;
      2. Stage 2—review of proposed Long-Term Management Direction;
      3. Stage 3—review of proposed operations;
      4. Stage 4—review of draft Forest Management Plan; and
      5. Stage 5—inspection of MNRF-approved Forest Management Plan.
    2. Media notices and direct notices to Known Interested Persons shall be provided at each stage of formal public consultation and shall set out the following:
      1. a description of the purpose of the stage of consultation;
      2. identification of MNRF, sustainable forest licensee and LCC contacts; and
      3. where to obtain information regarding the preparation of the Forest Management Plan.
    3. For the first four stages of public consultation, the media notices shall include the following additional information:
      1. a description of the nature of the consultation opportunity (e.g., open house, forum, etc.);
      2. a request for contributions to the Values information and comments on material available for review; and
      3. a description of the opportunity to request issue resolution if any person has an issue with the proposed Long-Term Management Direction or the proposed operations.
    4. For the fifth stage of public consultation, the media notice shall also include information on the opportunity to request an individual environmental assessment of specific Planned Operations in the MNRF-approved Forest Management Plan.
    5. The following information shall be made publicly available at the appropriate MNRF offices, sustainable forest licensee offices and public forums at the appropriate stages of the consultation process:
      1. background information;
      2. a summary of and rationale for the proposed Long-Term Management Direction;
      3. preliminary and final text and maps;
      4. the draft Forest Management Plan;
      5. the draft Forest Management Plan summary;
      6. the MNRF-approved Forest Management Plan; and
      7. the Forest Management Plan summary.
    6. All required information from all previous stages of public consultation shall continue to be made available during all subsequent stages (e.g., the information that is required to be produced at stage 1 shall continue to be available to the public at stages 2 through 5).
    7. During the preparation of a Forest Management Plan, MNRF shall ensure that a written response is provided to comments from any person or organization that relate to the Long-Term Management Direction or the proposed operations, and are received in writing, or received orally but accompanied by a request for a written response. In those responses, MNRF shall ensure that an explanation of the results of the consideration of the comments is provided. For comments that are substantively similar (e.g., form letters initiated by a person or organization), MNRF may provide a single response to the person or organization that initiated the submissions.
    8. In addition to the requirements for formal public consultation, members of the public shall be afforded the opportunity to consult directly with representatives from the planning team and the LCC during the preparation of a Forest Management Plan.

    Plan Extension—Short-term

    1. During the preparation of a short-term plan extension MNRF shall:
      1. consult with Known Affected Persons on the details of the Planned Operations to be implemented during the plan extension; and
      2. ensure that a written response to any comments received with respect to its proposed short-term plan extension is provided in accordance with clause (g) of this Condition.
    2. The MNRF Regional Director shall notify those persons of the decision to approve or deny a short-term plan extension.

    Plan Extension—Long-Term

    1. During the preparation of a long-term plan extension, MNRF shall:
      1. consult with Known Affected Persons on the details of the Planned Operations to be implemented during the plan extension; and
      2. ensure that a written response to any comments received with respect to the proposed long-term plan extension is provided in accordance with clause (g) of this Condition.
    2. If the decision of the MNRF Regional Director is to deny the proposed long-term plan extension, he or she shall notify Known Affected Persons.
    3. If the proposed long-term plan extension is approved, a media notice, and a direct notice to Known Affected Persons shall be provided by MNRF and shall set out the following:
      1. a statement to advise that the period of the current Forest Management Plan has been extended;
      2. identification of MNRF, sustainable forest licensee and LCC contacts; and
      3. where to obtain the plan extension documentation.

Aboriginal Consultation

  1. The Forest Management Planning Manual shall include:
    1. Criteria that MNRF District Managers are required to consider when determining whether an Aboriginal community is an Aboriginal Community In or Adjacent to a Management Unit.
    2. The following requirements for consulting with Aboriginal Communities In or Adjacent to the Management Unit in the preparation of a Forest Management Plan, a Contingency Plan, an amendment to the Long-Term Management Direction, a plan extension, a minor or major amendment to a Forest Management Plan and an Insect Pest Management Program:
      1. Prior to the commencement of the formal public consultation stages in the preparation of a Forest Management Plan, the MNRF District Manager shall contact each Aboriginal Community In or Adjacent to the Management Unit to discuss the development of a consultation approach to involve the Aboriginal community. Those discussions may involve planning team representatives, including the Plan Author.
      2. The approach for consulting the Aboriginal community, if developed, shall include requirements regarding notices, consultation forums, information availability, written responses to comments and submissions, and opportunities for discussions directly with representatives from the planning team and the LCC.

         

    3. Requirements for consulting Aboriginal Communities In or Adjacent to the Management Unit that will apply in the event that an approach is not agreed upon, shall, at a minimum, include the requirements for Known Affected Persons or Known Interested Persons described in Conditions 2, 8, 12, 13, 16, 24, 27 and 30. When a public forum is provided for in formal public consultation, MNRF shall provide an opportunity for a separate forum for Aboriginal Communities In or Adjacent to the Management Unit.
    4. Requirements for discussing the public availability of Aboriginal Values information with Aboriginal Communities In or Adjacent to the Management Unit, having regard to MNRF’s legal obligations with respect to the management of information.
    5. Requirements for preparing an Aboriginal Background Information Report and a Report on Protection of Identified Aboriginal Values during the preparation of a Forest Management Plan, and shall include requirements for discussing the preparation of the reports with Aboriginal Communities In or Adjacent to the Management Unit.

Issue Resolution Process

  1. The Forest Management Planning Manual shall set out the following process to resolve issues that are raised during the preparation of a Forest Management Plan:
    1. The process shall be available to any person who has an issue with the Long-Term Management Direction or proposed operations. A concerned person shall submit a request for issue resolution in writing to MNRF setting out a description of the issue and any proposed solution.
    2. The issue resolution process is available at any time up until 30 days following the completion of the period for public review of the draft Forest Management Plan.
      1. A request that is received prior to completion of the period for public review of the draft Forest Management Plan shall be considered by the MNRF District Manager. There shall be an opportunity for a meeting to resolve the issue, and the meeting participants shall include the concerned person, a representative(s) from the LCC, the Plan Author, and the MNRF District Manager. The MNRF District Manager shall provide a written decision on the issue.
      2. A request that is received after the completion of the period for public review of the draft Forest Management Plan, and up until 30 days following that period, shall be considered by the MNRF Regional Director. There shall be an opportunity for a meeting to resolve the issue, and meeting participants shall include the concerned person, a representative(s) from the LCC, the Plan Author, and the MNRF Regional Director. The MNRF Regional Director shall provide a written decision on the issue.
    3. The issue resolution process as described above, with any modifications MNRF considers necessary in the circumstances, shall also apply to:
      1. Contingency Plans;
      2. minor amendments to Forest Management Plans;
      3. major amendments to Forest Management Plans;
      4. amendments to the Long-Term Management Direction;
      5. long-term plan extensions; and
      6. Insect Pest Management Programs.

Long-Term Management Direction

  1. The Forest Management Planning Manual shall include the following requirements for the establishment, documentation and amendment of the Long-Term Management Direction for a Management Unit.
    1. A Forest Management Plan shall include a description of the Long-Term Management Direction.
    2. A Forest Management Plan shall set out the following information describing how the Long-Term Management Direction was developed:
      1. the management objectives identified in accordance with the Forest Management Planning Manual;
      2. those management objectives that have an implementation timeframe greater than 10 years;
      3. the analysis developed using methodologies, models and tools regarding forest regulation, social and economic analysis, wildlife habitat supply and landscape management provided by MNRF;
      4. the available Harvest area for each forest unit, determined by establishing the level of Harvest for the ten-year period of the Forest Management Plan using forest regulation methodologies provided by MNRF; and
      5. the levels of Renewal and tending activities, and associated expenditures required to achieve the objectives described in the Forest Management Plan, based in part on the conclusions and recommendations in the analysis of Renewal and tending activities documented in the applicable Management Unit Annual Reports in accordance with the requirements of Condition 39.
    3. MNRF shall make available a summary of and rationale for the proposed Long-Term Management Direction on a named, publicly accessible website, for review and comment, at the second stage of formal public consultation (i.e., review of proposed Long-Term Management Direction).
    4. Upon completion of any modifications to the proposed Long-Term Management Direction as a result of comments received, the MNRF Regional Director shall advise the Plan Author that he or she has determined that they can proceed with preparing the plan in accordance with the Long-Term Management Direction.
    5. The MNRF Regional Director may require that the Long-Term Management Direction of an approved Forest Management Plan be amended to address a change in legislation, policy, or a major disturbance that has occurred on the Management Unit. The process to amend the Long-Term Management Direction shall include the following three stages for public and Aboriginal consultation, to be undertaken in accordance with the requirements in clauses (a) to (h) of Condition 8, and Condition 9 of this Order with whatever modifications to those requirements the MNRF Regional Director considers appropriate, having regard to the nature of the proposed amendment:
      1. Stage 1—review of proposed amended Long-Term Management Direction;
      2. Stage 2—review of any related draft amended Planned Operations; and
      3. Stage 3—final inspection of the MNRF-approved amendment to the Long-Term Management Direction and any related changes to Planned Operations.

Planning Access, Harvest, Renewal and Maintenance Activities

Road Locations and Use Management Strategies—Primary, Branch and Operational Roads

  1. The Forest Management Planning Manual shall include the following requirements for Primary, Branch and Operational Roads identified for use in a Forest Management Plan:
    1. For existing roads, updated use management strategies will be required.
    2. For each new Primary Road required for the period of the Forest Management Plan and subsequent 10 years (i.e., 20 years), a maximum one kilometre-wide corridor shall be identified based on the consideration and environmental analysis of a reasonable range of practical alternative corridors.
      1. In identifying the reasonable range of practical alternative corridors for analysis, there shall be consideration of the degree to which physical conditions, identified Values, and engineering or safety factors act as constraints or provide opportunities for the location of the road corridors.
      2. The environmental analysis of the practical alternative corridors shall consist of:
        • an assessment of the advantages and disadvantages of each corridor in providing access to the areas eligible for Harvest;
        • an assessment of the advantages and disadvantages of each corridor in providing access to any remote Aboriginal communities which were previously inaccessible by road;
        • an assessment of the potential effects of each corridor on identified Values;
        • consideration of reasonable use management strategies, which include public access provisions or restrictions, maintenance provisions and, if appropriate, decommissioning provisions; and
        • consideration of costs related to road construction and use management.
      3. Documentation of the consideration and environmental analysis of alternative corridors, discussions with Known Interested Persons, and the rationale for the selected corridor and any access provisions or restrictions shall be provided in the supporting documents that accompany the Forest Management Plan.
      4. The selected corridor for the road shall be identified and portrayed in the Forest Management Plan. The use management strategy for the road shall be documented in the Forest Management Plan.
    3. For each new Branch Road required during the period of the Forest Management Plan:
      1. A maximum one kilometre-wide corridor shall be identified, based on:
        • consideration of the degree to which physical conditions, identified Values, and engineering or safety factors act as constraints or provide opportunities for the location of road corridors; and
        • discussions with Known Affected Persons.
      2. Documentation of the results of discussions with Known Affected Persons, the rationale for the corridor, and any access provisions or restrictions shall be provided in the supporting documents that accompany the Forest Management Plan.
      3. The corridor for the road shall be identified and portrayed in the Forest Management Plan. The use management strategy for the road shall be documented in the Forest Management Plan.
    4. For new Operational Roads required during the period of the Forest Management Plan:

      1. The areas within which Operational Roads may be constructed shall be identified and portrayed in the Forest Management Plan.
      2. Use management strategies for individual Operational Roads and networks of Operational Roads shall be documented in the Forest Management Plan.

Area of Concern Crossings—Primary, Branch and Operational Roads

  1. The Forest Management Planning Manual shall include the following requirements for crossings of areas of concern within the corridors for new Primary and Branch Roads and within the areas where new Operational roads may be constructed.
    1. For all crossings of an Area of Concern, the following requirements apply:
      1. There shall be a determination of locations within an Area of Concern where a road may cross and conditions on the construction of a crossing. That determination shall involve consideration of:
        • identified Values;
        • applicable MNRF Guides;
        • discussions with Known Affected Persons; and
        • potential preventive and mitigative measures.
      2. The locations where a road may cross an Area of Concern shall be identified and portrayed in the Forest Management Plan.
      3. The conditions on the construction of a crossing shall be documented in the Forest Management Plan.
    2. For each crossing of an Area of Concern that involves a water crossing, the following additional requirements apply:
      1. The locations where Primary and Branch Roads may cross the Area of Concern shall be identified and portrayed in the Forest Management Plan.
      2. For each new water crossing of a Primary, Branch or Operational Road to be constructed, the final location, crossing structure and conditions on construction shall be determined and documented annually, in accordance with the appropriate federal and provincial legislation, and the requirements of Condition 46.

Identification of Areas of Operations and Planned Levels of Activities

  1. The Forest Management Planning Manual shall include the following requirements for identifying and documenting areas of planned operations for the activities of Harvest, Renewal and Maintenance in a Forest Management Plan:
    1. For Harvest operations:
      1. Criteria shall be developed for use in the identification of areas that are eligible for Harvest during the ten-year period of the Forest Management Plan, consistent with the Long-Term Management Direction. In the development of the criteria, the following shall be considered:
        • the applicable MNRF Guides that address the conservation of biodiversity at the landscape scale; and
        • operability of an area (e.g., physical, topographical or economic constraints or considerations), maturity of forest stands, and Species at Risk habitat.
      2. Identify the preferred areas for Harvest from the areas eligible for Harvest for the ten-year period of the Forest Management Plan up to the level of the available Harvest area for each forest unit. In the identification of the preferred areas for Harvest, the following shall be considered:
        • the applicable MNRF Guides that address the conservation of biodiversity at the landscape scale; and
        • operability, Species at Risk habitat, visual aesthetics, and opportunities for Harvesting fuelwood.

        The remaining areas eligible for Harvest shall be identified as the optional areas for Harvest.

      3. At the second stage of formal public consultation (i.e., review of proposed Long-Term Management Direction), the following information shall be available for review and comment:
        • areas eligible for Harvest;
        • criteria used to identify the areas eligible for Harvest;
        • preferred and optional areas for Harvest; and
        • the rationale for the preferred areas for Harvest, including a discussion of how the applicable MNRF Guides that address the conservation of biodiversity at the landscape scale were considered.
      4. After consideration of comments received on the preferred and optional areas for Harvest, areas shall be selected for Harvest (i.e., the planned areas for Harvest) for the ten-year period of the Forest Management Plan. In the selection of the planned areas for Harvest, the applicable MNRF Guides that address the conservation of biodiversity at the landscape and stand and site scales shall be considered. The planned areas for Harvest shall not exceed the available Harvest area for each forest unit for the ten-year period of the Forest Management Plan.
      5. Contingency areas for Harvest shall be identified to serve as replacement areas for the planned areas for Harvest if circumstances arise which cause the planned areas for Harvest to be no longer available. Contingency areas shall be selected from the optional areas for Harvest and must support a minimum of one year, and a maximum of two years, of Harvest operations. The requirements for planning of operations for the activities of Access, Harvest, Renewal and Maintenance described in Conditions 12, 13, 15 and 16 shall also apply for contingency areas.
      6. At the third stage of formal public consultation (i.e., review of proposed operations), the following information shall be available for review and comment:
        • the planned areas for Harvest and the optional areas for Harvest;
        • rationale for the planned areas for Harvest, including a discussion of how the applicable MNRF Guides that address the conservation of biodiversity at the landscape and stand and site scales were considered; and
        • the contingency areas.
    2. For Renewal and Maintenance operations:
      1. Areas for Renewal and Maintenance operations shall include:
        • the planned areas for Harvest;
        • areas Harvested under the current or previous Forest Management Plan(s) that have not yet been renewed;
        • areas of natural disturbances that have not yet been renewed; and
        • areas which may require tending.
      2. At the third stage of formal public consultation (i.e., review of proposed operations), the planned areas for Renewal and tending shall be available for review and comment.
    3. The Forest Management Plan shall set out:
      1. An identification and portrayal of the planned areas for Harvest, the contingency areas, and the planned areas for Renewal and tending; and
      2. The following information:
        • criteria used to identify the areas eligible for Harvest;
        • the rationale for the planned areas for Harvest, including a discussion of how the applicable MNRF Guides that address the conservation of biodiversity at the landscape and stand and site scales were considered;
        • planned levels of Harvest, Renewal and tending operations for the ten-year period of the Forest Management Plan;
        • the wood volumes expected from the planned areas for Harvest; and
        • planned expenditures for Renewal and tending operations for the ten-year period of the Forest Management Plan.

Silvicultural Ground Rules

    1. The Silvicultural Ground Rules for the Management Unit shall be documented in the Forest Management Plan. The Silvicultural Ground Rules shall serve as the prescriptions for regular operations in the planned areas for Harvest, Renewal and tending operations. The Silvicultural Ground Rules shall be prepared using MNRF Guides that address silviculture and shall be certified by a Registered Professional Forester.
    2. For each Silvicultural Ground Rule, the silvicultural treatment package that is most commonly used on the Management Unit shall be identified, as well as acceptable alternative silvicultural treatments for Harvest, Renewal and tending operations.
      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. Each area of planned operations for Harvest, Renewal or Maintenance activities in a Forest Management Plan shall be cross-referenced to the Silvicultural Ground Rules. A description of the situations where high complexity prescribed burns and aerial applications of herbicides mayoccur shall be provided in the Forest Management Plan.
      3. At the time of implementation of operations, if the actual site conditions encountered are found to be different than those identified in the Forest Management Plan, other relevant approved alternative silvicultural treatments in the Silvicultural Ground Rules can be selected.

Area of Concern Prescriptions and Conditions on Access

  1. The Forest Management Planning Manual shall include requirements for the development and documentation of Area of Concern prescriptions for Planned Operations for the activities of Harvest, Renewal and Maintenance and Area of Concern conditions on planned Access operations in a Forest Management Plan. Those requirements shall include the following:
    1. Areas of concern shall be established for identified Values, which include all lakes and streams, within:
      1. the planned areas for Harvest, Renewal and tending operations;
      2. corridors for new Primary and Branch Roads; and
      3. the areas within which new Operational Roads may be constructed;
    2. In the planning of operations, Area of Concern prescriptions, and Area of Concern conditions for an individual Area of Concern or a group of areas of concern with common Values shall be developed using the standards or guidelines contained in MNRF Guides, and those prescriptions and conditions and the rationale for those prescriptions and conditions, shall be documented and portrayed in the Forest Management Plan.
    3. Area of Concern prescriptions, and Area of Concern conditions shall be developed for individual areas of concern, or groups of areas of concern with common Values using the applicable MNRF Guides. Area of Concern prescriptions may include: reserves (i.e., prohibition of operations), or modified operations (i.e., specific conditions or restrictions on operations), or regular operations (i.e., in accordance with the Silvicultural Ground Rules).
    4. If another planning exercise (e.g., the development of a resource stewardship agreement) has resulted in a proposed Area of Concern prescription or Area of Concern condition, the proposed prescription or condition shall be available for review and comment at the third stage of formal public consultation (i.e., review of proposed operations). If the review results in an objection to the proposed prescription or condition, the requirements of clause (e) of this Condition shall apply. If the review results in no objection to the proposed prescription or condition, no further planning shall be required, and the rationale for the prescription or condition, including the consideration of comments received during consultation shall be documented in the Forest Management Plan.
    5. If an Area of Concern prescription or Area of Concern condition for an individual Area of Concern or a group of areas of concern with common Values must be developed in the absence of standards or guidelines in a guide, there shall be:
      1. consideration and an environmental analysis of a reasonable range of practical alternative prescriptions or conditions; and
      2. discussions with Known Affected Persons.

      Documentation of the consideration and environmental analysis of alternative operational prescriptions or conditions, the results of discussions with Known Affected Persons, and the rationale for the selected prescription or condition shall be provided in the supporting documents that accompany the Forest Management Plan.

    6. If an Area of Concern prescription or Area of Concern condition is developed in accordance with the requirements of clause (e) of this Condition for an Area of Concern related to a cultural, tourism or recreation Value, there shall be consideration of visual aesthetics, which may include the use of viewscape analysis techniques, in the development of the prescription or condition.
    7. If an Area of Concern prescription or Area of Concern condition is developed for an individual Area of Concern or a group of areas of concern with common Values, and the prescription or condition differs from the standards or guidelines in a MNRF Guide, the requirements of clause (e) of this condition shall apply. The prescription or condition shall be recorded as an exception in the Forest Management Plan, and the monitoring program for the Forest Management Plan shall describe the methods which shall be undertaken to monitor the effectiveness of the prescription or condition.

Protecting Aboriginal Values

Report on Protection of Identified Aboriginal Values

  1. The Forest Management Planning Manual shall include requirements for preparation of a Report on Protection of Identified Aboriginal Values for Aboriginal Communities In or Adjacent to the Management Unit during the planning of operations. Those requirements shall include the following:
    1. The planning team, with the support of the MNRF District Manager, 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 communities;
      2. the most current version of the Values information and the Aboriginal Values information;
      3. a discussion of proposed Area of Concern 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 operations.
    2. The planning team, with the support of the MNRF District Manager, shall produce the 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 information and the updated Aboriginal Values information;
      3. an updated discussion of proposed Primary and Branch Road corridors of interest to the Aboriginal communities;
      4. an updated discussion of proposed Area of Concern 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 operations.

Monitoring of Operations

  1. The Forest Management Planning Manual shall include requirements for the monitoring of operations in a Forest Management Plan. Those requirements shall include the following:
    1. During the planning of operations, provisions for the monitoring of operations shall be prepared and documented, and shall include:
      1. a description of the forest operations inspection program for the Management Unit, with specific provisions for monitoring of operations in and adjacent to individual Areas of Concern and groups of Areas of Concern with common Values;
      2. a description of monitoring which shall be undertaken to determine the effectiveness of any silvicultural treatments in the Silvicultural Ground Rules which are exceptions to the recommendations in the MNRF Guides that address silviculture;
      3. a description of monitoring which shall be undertaken to determine the effectiveness of Area of Concern prescriptions which are exceptions to the standards or guidelines in MNRF Guides;
      4. a description of the program for carrying out assessments of regeneration of naturally and artificially regenerated areas; and
      5. a description of monitoring which shall be undertaken for roads and water crossings.
    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; and
      4. the opportunities for LCC members to participate in monitoring.

Management Unit Specific Direction

Customary Stewardship for the Whitefeather and Cat-Slate Forests

Background Information

Woodland Caribou

  1. In addition to the requirements of Conditions 4, 5, 11, 13 and 17, the Forest Management Planning Manual shall include the following requirements regarding habitat for the forest-dwelling boreal population of woodland caribou that shall apply in forest management planning for the Whitefeather Forest:
    1. Guided by the strategic land use direction in Keeping the Land: A Land Use Strategy for the Whitefeather Forest and Adjacent Areas (June 2006) and MNRF policy, as amended from time to time, MNRF 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 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 clause (a) of this Condition have been addressed in the Forest Management Plan for the Whitefeather Forest shall be provided in the supporting documents that accompany the Forest Management Plan.

Strategic Access Approach

Monitoring Program

Contingency Plans

  1. The Forest Management Planning Manual shall include the following requirements for the preparation of Contingency Plans:
    1. To initiate the planning process for a Contingency Plan, a request shall be prepared and submitted to the MNRF Regional Director. The request shall provide:
      1. the reason(s) for the Contingency Plan;
      2. the proposed duration of the Contingency Plan;
      3. a brief description of the proposed contents of the Contingency Plan;
      4. a discussion of the effect on the timing of the preparation and approval of the new Forest Management Plan;
      5. a description of public and Aboriginal consultation that has occurred to date in the preparation of the new Forest Management Plan, if any; and
      6. a description of the proposed opportunities for public and Aboriginal consultation and Issue Resolution in the preparation of the Contingency Plan. These opportunities shall be consistent with the requirements for a Forest Management Plan, subject to any modifications MNRF considers necessary in the circumstances, and shall have regard for the extent of public and Aboriginal consultation that has occurred to date in the preparation of the new Forest Management Plan.
    2. The MNRF Regional Director shall review the request and decide if a Contingency Plan will be prepared. If a Contingency Plan is to be prepared, the MNRF Regional Director shall provide written notice to the MECP Director. In the notice, the MNRF Regional Director shall:
      1. identify the proposed duration of the Contingency Plan; and
      2. describe the effect of proceeding with a Contingency Plan on the timing of the preparation and approval of the new Forest Management Plan.
    3. The Contingency Plan shall be prepared in accordance with the requirements set out in Condition 3.
    4. A media notice(s), and a direct notice to Known Interested Persons shall be provided to advise that the approved Contingency Plan is available on a named, publicly accessible website.

Certification, Review and Approval

Certification, Review and Approval of Forest Management Planning Documents

  1. The Forest Management Planning Manual shall include the following requirements for the certification, review and approval of forest management planning documents:
    1. The Plan Author shall certify that the following documents submitted to MNRF for approval have been prepared in accordance with the Forest Management Planning Manual:
      1. Forest Management Plans, including Contingency Plans; and
      2. amendments to Forest Management Plans and Contingency Plans;
      3. plan extensions;
      4. annual work schedules and revisions thereto; and
      5. Management Unit annual reports.
    2. The following documents required by this Order shall be recommended for approval by the MNRF District Manager or MNRF Regional Resources Manager, and shall be approved by the MNRF Regional Director after considering the recommendations:
      1. Forest Management Plans, Contingency Plans and major amendments to either of these plans;
      2. mid-plan checks;
      3. plan extensions;
      4. amendments to the Long-Term Management Direction; and
      5. fifth year and final year Management Unit annual reports.
    3. The following documents required by this Order shall be approved by the MNRF District Manager:
      1. minor amendments to Forest Management Plans or Contingency Plans; and
      2. annual work schedules and revisions thereto.
    4. Administrative amendments to a Forest Management Plan shall be approved by the MNRF District Manager or his or her delegate.

Requests for an Individual Environmental Assessment

    1. The Forest Management Planning Manual shall contain information on the circumstances and procedures for requesting an individual environmental assessment under this condition.
    2. A person seeking to request an individual environmental assessment shall follow the process set out in this condition.
    3. A person may request an individual environmental assessment by making a written request to the MECP Director within 30 days after MNRF gives notice of the following:
      1. approval of a Forest Management Plan;
      2. approval of a major amendment to a Forest Management Plan; or
      3. approval of an amendment to the Long-Term Management Direction of a Forest Management Plan.
    4. A request for an individual environmental assessment is available for:
      1. specific Planned Operations in the MNRF-approved Forest Management Plan;
      2. a change to specific Planned Operations resulting from a major amendment to a Forest Management Plan; or
      3. a change to specific Planned Operations resulting from an amendment to the Long-Term Management Direction for the Forest Management Plan.
    5. The requester shall include the following information in a request for an individual environmental assessment:
      1. a description of the specific Planned Operations or change to the specific Planned Operations of concern, and a map that identifies the geographic locations of the specific Planned Operations or changes to the specific Planned Operations;
      2. an explanation of the requester’s concern with the specific Planned Operations or change to the specific Planned Operations; and
      3. a description of the requester’s participation in the forest management planning process, including participation in Issue Resolution.
    6. Upon receiving a request for an individual environmental assessment, the MECP Director:
      1. will send a copy of the request to the appropriate MNRF District Manager, MNRF Regional Director and the Plan Author and may request MNRF to provide preliminary input on the request;
      2. will review the request to confirm that it includes the information set out in clause (e) of this Condition; and
      3. may ask the requester to provide additional information and specify a time period for doing so.
    7. The MECP Director may refuse to consider a request that does not set out the information in clause (e) of this Condition.
    8. After the MECP Director’s preliminary review of the request, the MECP Director will forward any additional information received from the requester to the appropriate MNRF Regional Director and will provide a written notice to the MNRF Regional Director, the MNRF District Manager, the Plan Author, and the requester that:
      1. will include an identification of the specific Planned Operations or change to specific Planned Operations, the geographic area and the issues that the Director will consider in making a decision on the request;
      2. may include a request to MNRF for additional information to support the MECP review of the request; and
      3. may include a request that MNRF and the requester discuss the issues and attempt to resolve these issues within the timeframe specified in the notice, where the MECP Director has concluded that one or more issues with respect to specific Planned Operations have not been discussed between MNRF and the requestor, or the Plan Author and the requester during the preparation of the Forest Management Plan or the MECP Director is of the opinion that a discussion will assist in making a decision on the request. MECP will participate in any such discussion.
    9. If the MECP Director has requested that MNRF and the requester discuss and attempt to resolve the issues specified in the notice, the MECP Director will consider any outcome of the discussions, and may issue a supplemental notice to the appropriate MNRF District Manager, MNRF Regional Director, Plan Author, and the requester revising the information included in the notice under clause (h)(i).
    10. The MECP Director shall make best efforts to decide on the request within 45 days of a notice in (h) or receipt of any additional information from MNRF in accordance with a notice, whichever is later.
    11. Upon considering the request, the MECP Director may:
      1. deny the request for an individual environmental assessment;
      2. deny the request for an individual environmental assessment, and impose conditions in relation to the implementation of the specific Planned Operations or change to specific Planned Operations in the specified geographic area of the Forest Management Plan; or
      3. require MNRF to prepare and submit an individual environmental assessment application under Part II of the EAA.
    12. If the MECP Director decides to deny a request for an individual environmental assessment, the Director shall provide written notice to the appropriate MNRF District Manager, MNRF Regional Director, Plan Author, and the requester, that the request has been denied. In the notice, the MECP Director will:
      1. provide reasons for the decision to deny the request; and
      2. indicate any conditions on the denial of the request imposed by the Director.
    13. If the MECP Director decides to require an individual environmental assessment under Part II of theEAA, the Director shall notify the appropriate MNRF District Manager, MNRF Regional Director, Plan Author, and the requester in writing that MNRF will be required to prepare and submit an individual environmental assessment application under Part II of theEAAbefore proceeding with the specific Planned Operations or change to Specific Planned Operations in the geographic areas identified in the decision.
    14. Until a decision is made by the MECP Director under clause (k) or the request has been withdrawn, MNRF shall not proceed with or further authorize under this Order any specific Planned Operations or change to specific Planned Operations in any geographic area identified in the request unless:
      1. the MECP Director has issued a supplemental notice under clause (i) and the specific Planned Operation or geographic area is not included in that notice; or
      2. MECP Director did not issue a supplemental notice under clause (i) and the specific Planned Operation or geographic area is not included in the notice issued under clause (h).
    15. Following a decision by the MECP Director under clause (k):
      1. if the Director denies the request with conditions, MNRF shall not proceed with or further authorize under this Order the specific Planned Operations or change to the specific Planned Operations in the geographic areas specified in the decision, except in accordance with the conditions imposed by the Director; or
      2. if the Director requires an individual environmental assessment, MNRF shall not proceed with or further authorize under this Order any specific Planned Operations or change to specific Planned Operations in any geographic area identified in the decision unless authorized under Part II of the EAA.

Planning Administration

Amendments to Forest Management Plans and Contingency Plans

  1. The Forest Management Planning Manual shall include requirements for making amendments to Forest Management Plans and Contingency Plans. 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.
      1. Any person may submit a written request to the MNRF District Manager to amend a Forest Management Plan. The request shall provide a brief explanation of the need for the proposed amendment and a brief description of the proposed amendment. The MNRF District Manager, in consultation with the Plan Author and the LCC, shall decide if preparation of the amendment should proceed and shall categorize the amendment as administrative, minor or major.
      2. The MNRF District Manager’s decision on preparation of the amendment and the categorization of the amendment shall consider, at a minimum, the following factors:
        • public and Aboriginal consultation required for the amendment;
        • time constraints;
        • requests of a similar nature; and
        • the information available at the time of the request.
      3. If the MNRF District Manager has made a preliminary determination that preparation of the amendment should proceed, and that the amendment should be categorized as administrative, and the LCC is not readily available for consultation on the request for an amendment, the MNRF District Manager may instead consult the chair of the LCC, or his or her alternate, for the purpose of deciding if preparation of the amendment should proceed, and the categorization of the amendment.
    2. The applicable requirements for a Forest Management Plan shall apply to the preparation of an amendment to a Forest Management Plan or a Contingency Plan. The requirements for the contents of notices, the recipients of notices, and information availability shall be consistent with the requirements for a Forest Management Plan, with any modifications the MNRF District Manager considers necessary in the circumstances.
    3. For a major amendment, there shall be:
      1. discussions with Known Affected Persons in the preparation of the amendment and a formal opportunity for public and Aboriginal consultation (i.e., review of the proposed operations in the major amendment); and
      2. an opportunity for inspection of an MNRF-approved major amendment to a Forest Management Plan.
    4. For a minor amendment, there shall be:
      1. discussions with Known Affected Persons in the preparation of the amendment;
      2. a formal opportunity for public and Aboriginal consultation (i.e., review of the proposed minor amendment).
    5. The Forest Management Planning Manual shall include requirements for amendments to Forest Management Plans and Contingency Plans that may provide for the expeditious planning and implementation of salvage operations.
    6. In the event that, pursuant to section 11(3) of the CFSA, a Forest Management Plan is deemed to include part(s) of an agreement, permit or instrument issued under the Endangered Species Act, 2007, the requirements of clauses (a) to (e) of this Condition shall not apply to the part(s) that are deemed to be included. The part(s) of the agreement, permit or instrument that are deemed to be included in the Forest Management Plan will be available with the Forest Management Plan on a named, publicly accessible website.

Annual List of Management Units and Forest Management Plans

  1. MNRF shall make available on a named, publicly accessible website, on an annual basis, a schedule that will include a list of Forest Management Plans and Contingency Plans which are approved or under preparation.

Plan Documentation and Public Access to Plans

  1. The Forest Management Planning Manual shall provide that the following documents shall be prepared and made publicly available at the appropriate MNRF offices, sustainable forest licensee offices and on a named, publicly accessible website:
    1. Forest Management plans, including:
      1. the plan summary;
      2. supporting documents for decisions made in preparing the Forest Management Plan;
      3. plan extensions; and
      4. plan amendments;
    2. mid-plan checks;
    3. Contingency Plans;
    4. amendments to the Long-Term Management Direction and any related changes to Planned Operations;
    5. annual work schedules, including:
      1. aerial herbicide and insecticide project plans; and
      2. prescribed burn project plans.

Insect Pest Management Programs

  1. The Forest Management Planning Manual shall include the following requirements for Insect Pest Management Programs for major insect pest infestations:
    1. When the MNRF Regional Director determines that an Insect Pest Management Program should be developed, the program shall be developed by an interdisciplinary team comprised of MNRF staff and a representative(s) of the LCC(s). Areas eligible for insect pest management shall be identified, and the following range of management options shall be considered and documented:
      1. no treatment;
      2. accelerated harvest;
      3. redirected harvest;
      4. salvage harvest;
      5. prescribed burns;
      6. the use of insecticides; and
      7. appropriate combinations of the foregoing options.
    2. The MNRF Regional Director shall notify the MECP Director that the planning process for an Insect Pest Management Program has been initiated and shall provide the following:
      1. the reason(s) for the program;
      2. a description of the nature and extent of the major insect pest infestation;
      3. the target insect;
      4. the duration of the program;
      5. a discussion of the range of management options that shall be considered and the timing of and rationale for those options;
      6. if insecticide is considered for application, the active ingredient and product name, if known; and
      7. the MNRF and LCC contact information.
    3. If the proposed insect pest management option involves the aerial application of insecticides, there shall be a formal opportunity for public and Aboriginal consultation (i.e., review of the proposed insect pest management program). The requirements for consultation, including the contents of notices, the recipients of notices, and information availability, shall be consistent with the requirements for the third stage of formal public consultation for a Forest Management Plan (i.e., review of proposed operations), with any modifications MNRF considers necessary in the circumstances. There shall also be an opportunity to request Issue Resolution with the MNRF Regional Director, in accordance with the requirements of Condition 10, with any modifications MNRF considers necessary in the circumstances.
    4. Following the consideration of the input under clauses (a) to (c) of this Condition, an Insect Pest Management Program shall be approved by the MNRF Regional Director before proceeding with the Insect Pest Management Program.
    5. If the approved Insect Pest Management Program involves:
      1. accelerated, redirected or salvage harvest operations, the MNRF District Manager shall determine if an amendment to an approved Forest Management Plan(s) is required, and if so, the requirements of Condition 27 shall apply; or
      2. the aerial application of insecticides, a project description and project plan shall be developed for each aerial insecticide project, in accordance with the requirements of Condition 32.
    6. A media notice shall be provided to advise that the approved Insect Pest Management Program is available at the appropriate MNRF offices and on a named, publicly accessible website.
    7. When considering the use of insecticides, if alternatives to chemical insecticides are commercially available, reasonably cost-effective, approved federally and authorized for use in Ontario, MNRF shall give preference to such alternatives.

Annual operations

Annual work schedules

  1. The Forest Management Planning Manual shall include the following requirements for the preparation, review of, and revisions to, annual work schedules:
    1. Each year, an annual work schedule shall be prepared for a Management Unit before any operations may proceed. An annual work schedule shall be consistent with the approved Forest Management Plan.
    2. An annual work schedule and any revisions thereto shall be certified by a Registered Professional Forester.
    3. Areas scheduled for Harvest, Renewal and Maintenance operations during the year shall be identified and portrayed in the annual work schedule. The areas scheduled for the following silvicultural treatments shall be specifically identified and portrayed:
      1. high complexity prescribed burns;
      2. aerial application of herbicides;
      3. aerial application of insecticides; and
      4. personal use fuelwood.

      Area of Concern prescriptions within the areas scheduled for Harvest, Renewal and Maintenance operations shall be identified and portrayed.

    4. The following Access-related operations scheduled for the year shall be identified and portrayed in the annual work schedule:
      1. corridors within which new Primary and Branch Roads are scheduled for construction;
      2. areas within which new Operational Roads are scheduled for construction;
      3. Areas of Concern where crossings are scheduled for construction;
      4. road water crossings scheduled for replacement or decommissioning; and
      5. roads scheduled for maintenance, access restrictions or decommissioning.
    5. The LCC shall be provided an opportunity to inspect the annual work schedule prior to its approval.
    6. A media notice(s) shall be provided to advise that the annual work schedule is available on a named, publicly accessible website. The notice(s) shall identify who can be contacted in relation to the scheduled operations, tree planting jobs and opportunities for fuelwood.

Aerial Herbicide and Insecticide Projects

  1. The Forest Management Planning Manual shall include requirements for planning of aerial herbicide and insecticide projects. Those requirements shall include:
    1. A project description and a project plan shall be prepared for each aerial herbicide and insecticide project scheduled during the year of an annual work schedule.
    2. The approved project description and project plan shall form part of the annual work schedule.
    3. A media notice(s) shall be provided, and a direct notice issued to Known Affected Persons and any Aboriginal Community In or Adjacent to a Management Unit that may be directly affected to advise that the project description(s) and project plan(s) for an aerial herbicide and insecticide project(s) are available for inspection on a named, publicly accessible website.

Prescribed Burn Projects

  1. The Forest Management Planning Manual shall include requirements for planning of prescribed burn projects. Those requirements shall include:
    1. An operational plan shall be prepared for each prescribed burn project scheduled during the year of an annual work schedule.
    2. The approved operational plan shall form part of the annual work schedule.
    3. A media notice(s) shall be provided, and a direct notice issued to Known Affected Persons and any Aboriginal Community In or Adjacent to a Management Unit that may be directly affected to advise that the operational plan(s) for a prescribed burn(s) is available for inspection on a named, publicly accessible website.

Changes to Planned Operations During Implementation

  1. The Forest Management Planning Manual shall include requirements with respect to changes to planned operations during the implementation of operations. These requirements shall include the following:
    1. In the event that a previously unidentified Value is encountered, the applicable operational prescription in the Forest Management Plan shall be applied with no requirement for an amendment to the Forest Management Plan or an annual work schedule revision. Where an applicable operational prescription is not available in the Forest Management Plan, an amendment to the Forest Management Plan and an annual work schedule revision shall be required.
    2. In the event that the actual location of a Value is different than the mapped location in the 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 an annual work schedule revision.
    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 annual work schedule, or a change to the location of the water crossing is necessary, an annual work schedule revision shall be required, but no amendment to the Forest Management Plan shall be required.

Management Unit and Provincial Level Monitoring

Forest Operations Inspections

    1. MNRF shall ensure that monitoring of operations for the forest management activities of Access, Harvest, Renewal and Maintenance shall take place through a forest operations inspection program. Monitoring shall consist of examining compliance with approved Forest Management Plans and any other requirements and conditions imposed on operations by legislation. MNRF shall verify incidents of potential non-compliance identified by the forest industry.
    2. MNRF shall maintain a Forest Compliance Handbook that describes the details regarding a forest operations inspection program, including scope, documentation, record retention and how to address instances of non-compliance with the approved Forest Management Plan and any requirements for Planned Operations imposed by legislation.
    3. For each Management Unit, individual forest operations inspection reports shall be available for use in Independent Forest Audits, and the most recent five years of reports shall be publicly available for viewing at the appropriate MNRF office.
    4. For each Management Unit, MNRF shall make available on a named, publicly accessible website, annual summaries of forest operations inspections from the Management Unit Annual Reports for the most recent five years, prepared in accordance with the requirements of Condition 39(a)(i).

Independent Forest Audits

  1. MNRF shall ensure that Independent Forest Audit reports prepared in accordance with the requirements of the CFSA and its regulations are made available on a named, publicly accessible website.

Silvicultural Effectiveness Monitoring

  1. MNRF shall ensure that monitoring of Renewal and Maintenance activities takes place through a silvicultural effectiveness monitoring program.
    1. The program shall assess regeneration of naturally and artificially regenerated areas.
    2. MNRF shall maintain direction for the silvicultural effectiveness monitoring program. That direction shall include:
      1. a description of the standards and acceptable assessment methodologies that ensure the appropriate linkages among MNRF’s silvicultural guides, Silvicultural Ground Rules, project records, assessments and forest resource inventory updating;
      2. a description of the timing of monitoring activities and the systematic reporting of the results to the public; and
      3. requirements for the maintenance of silvicultural records and analysis, and the evaluation of the effectiveness of the silvicultural activities.

Wildlife Population Monitoring

  1. MNRF shall continue to implement a Provincial Wildlife Population Monitoring Program within the Area of the Undertaking, and shall continue to investigate wildlife population monitoring methods. This program shall provide long-term trend data on the species listed in clause (a) of this Condition, and shall collect information to support testing of the effectiveness of MNRF Guides that address habitat for wildlife species.
    1. The species to be monitored shall include representative terrestrial vertebrate species:
      1. which benefit from forests managed for the purposes of maintaining early successional stages;
      2. which benefit from forests managed for purposes of maintaining late successional stages; and
      3. which utilize the following habitat types and features:
        • snags;
        • dead and downed woody material;
        • riparian areas;
        • mature or over-mature stands; and
        • large areas in a similar successional stage.
    2. MNRF shall maintain a program plan for the Provincial Wildlife Population Monitoring Program which outlines priorities, representative species to be monitored, and proposed activities and schedules for the Provincial Wildlife Population Monitoring Program. MNRF may update the program plan from time to time, and shall make the program plan available on a named, publicly accessible website. The program plan shall be updated no later than one year following the public release of each Five-Year EA Report.
    3. Updates on the Provincial Wildlife Population Monitoring Program shall be provided to the Provincial Forest Technical Committee to assist in the review and revision of MNRF Guides.

Reporting

Management Unit Annual Reports and Provincial Biennial Reports on Forest Management

  1. MNRF shall ensure that reports on forest management shall be prepared annually at the management unit level, and biennially at the provincial level.

    Management Unit Annual Reports

    1. The Forest Management Planning Manual shall include the following requirements for information to be included in a Management Unit annual report and for the preparation and certification of a Management Unit annual report:
      1. information on forest operations implemented during the preceding year, including regeneration assessments;
      2. expenditures on Renewal and Maintenance activities;
      3. a summary of forest operations inspections conducted in accordance with the requirements of Condition 35 during the preceding year. This summary shall distinguish between inspections conducted by the forest industry and those conducted by MNRF, and shall identify incidents of non-compliance by the forest industry;
      4. a discussion of the progress to date in meeting the planned levels of activities, and regeneration assessments described in the Forest Management Plan;
      5. a discussion of any significant events affecting the implementation of the Forest Management Plan; and
      6. records of insecticides used for forest management purposes during the current year.
    2. The annual report for the management unit for the fifth year of implementation of a Forest Management Plan shall include:
      1. all of the information contained in clause (a) of this Condition;
      2. information on the following items:
        • a summary of the regeneration status by forest unit for area harvested during the current and previous Forest Management Plans;
        • an assessment of the achievement of the management objectives of the Forest Management Plan;
        • results of the mid-plan check including results from implementing any recommendations from the mid-plan check;
        • a review of the assumptions used to prepare the Forest Management Plan; and
        • conclusions and recommendations to be addressed in the preparation of the next Forest Management Plan;
      3. an analysis, prepared by the Plan Author, of Harvest, Renewal, and Maintenance activities and Silvicultural Ground Rules. The analysis will consider the implementation of the current and previous Forest Management Plans, and will include a discussion of the:
        • trends in the planned levels versus actual levels of Harvest, Renewal and tending activities;
        • expenditures on those Renewal and tending activities;
        • trends in the levels of Harvest and regeneration;
        • trends in silvicultural effectiveness monitoring results;
        • effectiveness of Silvicultural Ground Rules in achieving the desired future forest condition; and
        • conclusions and recommendations for consideration in the determination of future levels of, and expenditures on, Renewal and tending activities, and recommendations related to the continued use of effective Silvicultural Ground Rules;
      4. for the Whitefeather Forest, information on how the implementation of the Forest Management Plan has provided for a continuous supply of habitat for woodland caribou in accordance with the requirements of Condition 21.
    3. The Management Unit Annual Report for the last year of implementation of a Forest Management Plan shall include:
      1. all of the information contained in clause (a) of this Condition;
      2. information on the following:
        • a summary of the regeneration status by forest unit for area harvested during the current and previous Forest Management Plans;
        • an assessment of the achievement of the management objectives of the Forest Management Plan; and
        • a review of the assumptions used to prepare the Forest Management Plan;
      3. a final analysis of Harvest, Renewal, and Maintenance activities, and the effectiveness of Silvicultural Ground Rules, in accordance with the requirements of clause (b)(iii) of this Condition;
      4. for the Whitefeather Forest, information on how the implementation of the Forest Management Plan has provided for a continuous supply of habitat for woodland caribou; and
      5. any final conclusions and recommendations in the report that should be considered in the preparation of the mid-plan check for the next Forest Management Plan.

    Provincial Biennial Reports on Forest Management

    1. Every two years, MNRF shall prepare a provincial report on forest management for tabling in the Legislature. The report shall be provided to MECP, made available on a named, publicly accessible website, and include the following information:
      1. a summary of the implementation of the forest management planning process, including:
        • the number of Forest Management Plans, Contingency Plans, mid-plan checks, plan extensions, Insect Pest Management Programs, and amendments to Forest Management Plans and Contingency Plans approved;
        • issues raised though public and Aboriginal consultation and their resolution through the issue resolution process or requests for an individual environmental assessment;
        • the number of Management Unit annual reports required to be prepared in accordance with clause (a) of this Condition, the number actually submitted to MNRF, and the rationale for any variance; and
        • the number of Management Unit annual reports prepared and approved in accordance with clauses (b) and (c) of this Condition, and a summary of the conclusions in those reports.
      2. a summary of:
        • Ontario’s land and Crown forest base;
        • forest operations implemented;
        • the planned levels versus the actual levels of Harvest, Renewal and tending operations;
        • Renewal and tending expenditures;
        • the levels of harvest versus regeneration;
        • silvicultural effectiveness monitoring results; and
        • forest operations inspections conducted in accordance with the requirements in Condition 35, which shall distinguish between inspections conducted by the forest industry and those conducted by MNRF, and shall identify incidences of non-compliance by the forest industry.
      3. provincial government revenues from Crown charges, as defined by CFSA, including payments associated with penalties, offences, and the harvest of Crown forest resources;
      4. a summary of expenditures from the Forest Renewal Trust and the Forestry Futures Trust as provided for under the CFSA;
      5. an enforcement summary; and
      6. a summary of the progress of the on-going negotiations with Aboriginal peoples on a district-by-district basis, as per Condition 56.

State of Ontario’s Forests Report

  1. MNRF shall ensure that the criteria and indicator information collected to report on the status of Ontario’s Crown forests, in accordance with the requirements of section 22 of the CFSA, is made available on a named, publicly accessible website.

Continuing Developments and Programs

Regional Advisory Committees

    1. MNRF shall maintain committees, known as the Regional Advisory Committees, whose purpose is to advise MNRF Regional Directors on forest management planning and related matters brought to the committee by the MNRF Regional Directors.
    2. Each Regional Advisory Committee shall be chaired by the appropriate MNRF Regional Director, or his or her delegate, who shall represent MNRF.
    3. The Chair shall establish and maintain the Terms of Reference for each Regional Advisory Committee, which shall include:
      1. membership focusing on regional representation of groups or organizations with an interest in forest management;
      2. term of appointment of members;
      3. frequency of meetings;
      4. role of committee members;
      5. reimbursement of expenses for attendance at meetings;
      6. operational procedures for the committee, which shall include a requirement to maintain a summary of meeting discussions that shall be available to the public upon request; and
      7. the geographic area associated with the committee.

Provincial Forest Policy Committee

    1. MNRF shall maintain a committee, known as the Provincial Forest Policy Committee, whose purpose is to advise the MNRF Deputy Minister on provincial forest policy and related matters brought to the committee by the MNRF Deputy Minister.
    2. The Committee shall be chaired by the MNRF Deputy Minister or, if the Deputy Minister is not available, the MNRF Assistant Deputy Minister.
    3. The Chair shall establish and maintain the Terms of Reference for the committee which shall include:
      1. membership focusing on a range of representative interests and organizations that relate to forest management in the province;
      2. term of appointment of members;
      3. frequency of meetings, which shall be at least twice annually;
      4. role of committee members;
      5. reimbursement of expenses for attendance at meetings; and
      6. operational procedures for the committee, which shall include a requirement to maintain a summary of meeting discussions that shall be available to the public upon request.

Provincial Forest Technical Committee

    1. MNRF shall maintain a committee, known as the Provincial Forest Technical Committee, to advise the MNRF Assistant Deputy Minister on how to ensure that MNRF Guides are kept current with respect to scientific knowledge and management practices, by acting as a review board for proposed changes to existing MNRF Guides and recommending priorities for work on new or existing MNRF Guides. The committee may also advise on other technical matters brought to the committee by the MNRF Assistant Deputy Minister.
    2. The Committee shall be chaired by the MNRF Assistant Deputy Minister or, if the Assistant Deputy Minister is not available, the MNRF Director.
    3. The Chair shall maintain the Terms of Reference for the committee which shall include:
      1. membership focusing on professional disciplines required, in the opinion of MNRF, to fulfill the duties of the committee;
      2. term of appointment of members;
      3. frequency of meetings, which shall be at least twice annually;
      4. role of committee members;
      5. reimbursement of expenses for attendance at meetings; and
      6. operational procedures for the committee, which shall include a requirement to maintain a summary of meeting discussions that shall be available to the public upon request.

Review and Revision of Forest Management Guides

    1. MNRF shall ensure that the MNRF Guides, are reviewed and updated in accordance with the following requirements:

       

      1. Each MNRF Guide shall be reviewed at least once every ten years to ensure that the guides reflect current scientific knowledge as it applies to Ontario.
      2. In considering the need for revisions, amalgamations, or new MNRF Guides, in setting priorities, and in determining the appropriate contents of the guides, the following factors shall be considered:
        • the results of applicable scientific research;
        • the results of relevant and appropriate monitoring programs;
        • the advantages and disadvantages of changes to current forest management practices; and
        • advances in analytical and operational technology.
      3. Where a revised MNRF Guide or new guide is proposed:
        • appropriate ministries, agencies, other organizations or individuals with expertise in the subject matter of the guide shall be asked to review the draft guide and provide comments;
        • the draft guide shall be posted for comment on the Environmental Registry established under the Environmental Bill of Rights, 1993; and
        • where feasible, and with the advice of the Provincial Forest Technical Committee, the guide or its components, should be pilot tested to assess its effectiveness and efficiency in application; and
      4. Each revised MNRF Guide or new guide shall:
        • be proposed for incorporation into the next revision of the Forest Operations and Silviculture Manual;
        • describe the approach that will be used to monitor the effectiveness of the MNRF Guide or new guide; and
        • shall specify when any new requirements come into effect.
    2. For greater certainty, this Condition does not apply to an amendment MNRF makes to a guide before the review required by clause (a) where MNRF considers such an amendment necessary to reflect a change in policy, legislation, or to clarify existing guidance and where MNRF considers the circumstances as requiring the amendment to take effect as soon as possible. MNRF shall consult on any such amendment in accordance with the steps set out in clause (iii). MNRF shall include any such amendment in the next guide review that is undertaken in accordance with this Condition.
    3. MNRF shall make available on a named, publicly accessible website:
      1. all current versions of the MNRF Guides to be used in the planning and implementation of forest management activities;
      2. an overview of each MNRF Guide; and
      3. a status summary of current MNRF Guides.

Scientific Studies and Information Sharing Related to Climate Change

  1. MNRF shall:
    1. maintain a program of scientific studies to assess the effectiveness of MNRF Guides. Updates on the progress of these studies shall be provided to the Provincial Forest Technical Committee to assist in the review and revision of MNRF Guides.
    2. support a science program to investigate the role of forests in climate change.
    3. support the government’s efforts towards climate change mitigation by:
      1. sharing information with MECP on current and projected forest carbon balances, related to forest harvesting, forest age, species composition, and the amount of harvested wood converted into wood products. The information shared will be prepared:
        • on a management unit by management unit basis; and
        • for the entire area of the undertaking.
      2. working with MECP to develop an approach to report on current and projected forest carbon balances and describe how the approach considers any available international best practices.

Road Water Crossing Direction

  1. MNRF shall maintain a protocol for the efficient planning, review, approval and monitoring of road water crossings to prevent, minimize, or mitigate effects of forest management activities on fish and fish habitat. Revisions to the protocol shall be prepared in consultation with representatives of the forest industry and other relevant government agencies.

Inventory, Information and Management Systems

  1. MNRF shall ensure that information management systems necessary to support forest management planning, which enhance the capability to systematically collect, store, update and retrieve information, continue to be developed and utilized. MNRF shall update and provide the most current, relevant information available on Values for use in forest management planning, as described in the Forest Management Planning Manual.

Ecological Land Classification Program

  1. MNRF shall maintain and continue to develop a program known as the Ecological Land Classification Program through the following initiatives:
    1. ensuring interpretation manuals are available to assist in the use of Ecological Land Classification in forest management planning;
    2. continuing to improve inventory and mapping technologies; and
    3. continuing to provide for technology transfer and training programs.

Growth and Yield Program

  1. MNRF shall continue to support and implement a provincially coordinated program, known as the Growth and Yield Program, to obtain further information on forest growth and yield, as influenced by: climate change; site; forest structure; silvicultural treatments; and other natural events. The Forest Management Planning Manual shall include requirements to incorporate the results of the Growth and Yield Program for use in forest management planning.

Full-tree Harvest and Full-tree Chipping Studies

  1. MNRF shall continue to investigate, through a long-term study, the effects of full-tree harvest and full-tree chipping on long-term forest productivity.

Maintenance: Tending and Protection Improvement

  1. MNRF shall continue to ensure that Maintenance operations are conducted in accordance with current scientific knowledge applicable to Ontario’s forests, by maintaining policies and procedures that ensure proper and safe use of registered and approved products, and by collaborating with research partners engaged in tending and protection research initiatives.

Data Systems and Analytical Methodologies

  1. MNRF shall maintain and continue to develop methodologies for use in forest management planning and reporting which:
    1. address social and economic considerations when making forest management decisions;
    2. investigate and address wildlife habitat supply, biological diversity and landscape management analyses across temporal and spatial scales;
    3. capture, store and provide access to spatial information using geographic information system technology;
    4. support the use of spatial modelling;
    5. continue to incorporate the use of geographic information system technology in the development of models and tools; and
    6. ensure staff are trained in the use and application of the methodologies and technologies that are developed.

Professional and Technical Training Programs

  1. MNRF shall ensure that professional and technical training programs, including mandatory training and certification of forest operations compliance inspectors, and training on the application of MNRF Guides, are maintained so that the knowledge of those persons involved in the planning and implementation of forest management activities is continually updated.

Public Education on Forest Management

    1. MNRF shall continue to contribute to public education regarding the management of Ontario’s forests by providing information, and collaborating with organizations involved in the administration and delivery of educational programs in forest management.
    2. MNRF shall maintain a brochure which outlines the forest management planning process in a simplified form, and includes a description of how identified Values are addressed in forest management planning. MNRF shall ensure that the brochure is available on a named, publicly accessible website, and available for distribution in English, French, Ojibway, and Oji-Cree.
    3. MNRF, in cooperation with MECP, will develop a guidance document for use by the public, Aboriginal communities and other interested persons, which will provide information on how to become involved in the implementation of this Order, particularly with respect to those conditions of this Order that provide for public and Aboriginal participation. MNRF shall make the document available on a named, publicly accessible website.

Provincial Wood Supply Strategy

    1. MNRF shall review and revise, as MNRF considers appropriate, the Provincial Wood Supply Strategy. The Provincial Wood Supply Strategy shall not constitute, or be used as, a wood supply target, or a guarantee of wood supply. The Provincial Wood Supply Strategy shall include the following components:
      1. documentation of past harvest levels by major species group, by region;
      2. long-term forecasts of industrial wood supply, by major species group, by region, based on estimates derived from individual Forest Management Plans;
      3. documentation of the aggregated wood supply requirements for forest resource processing facilities, by major species group, by region;
      4. identification of anticipated wood supply issues, including a comparison of clauses (i) to (iii) of this Condition;
      5. a description of approaches to address the identified wood supply issues; and
      6. an assessment of the potential of the various approaches to address the anticipated wood supply issues.
    2. Wood supply, and approaches to address local wood supply issues, shall be determined through forest management planning at the Management Unit level.
    3. The Provincial Wood Supply Strategy shall be consistent with the requirements of the CFSA. The Provincial Wood Supply Strategy shall support the Ontario Forest Accord, 1999 and the Room to Grow policy framework, (March 2002), as may be amended from time to time.
    4. MNRF shall seek the advice of the Provincial Forest Policy Committee, and shall provide an opportunity for public review and comment on any proposed revision of the Provincial Wood Supply Strategy.

Negotiations with Aboriginal Peoples

  1. MNRF District Managers shall conduct negotiations at the local level with Aboriginal peoples whose communities are situated in a Management Unit, in order to identify and implement ways of achieving a more equal participation by Aboriginal peoples in the benefits provided through forest management planning. These negotiations will include, but are not limited to, the following matters:
    1. providing job opportunities and income associated with forest and mill operations in the vicinity of Aboriginal communities;
    2. supplying wood to wood processing facilities such as sawmills in Aboriginal communities;
    3. facilitation of Aboriginal third-party licence negotiations with existing licensees where opportunities exist;
    4. providing forest resource licences to Aboriginal people where unallocated Crown timber exists close to reserves;
    5. development of programs to provide jobs, training and income for Aboriginal people in forest management operations through joint projects with Aboriginal Affairs and Northern Development Canada; and
    6. other forest resources that may be affected by forest management or which can be addressed in the forest management planning process.

Declaration Order Administration

Five-Year EA Reports

    1. Every five years, MNRF shall prepare a report, known as the Five-Year EA Report, on the implementation of this Order for the previous five year period. The report shall be submitted to MECP within 15 months of the end of each five year reporting period. MNRF shall post an information notice on the Environmental Registry to advise that the report is available on a named, publicly accessible website.
    2. In the preparation of the report, MNRF shall consider the most recent State of Ontario’s Forests Report prepared in accordance with the requirements of section 22 of the CFSA, the indicator information collected to report on the status of Ontario’s Crown forests, and the information used to prepare the Provincial Biennial Reports on Forest Management.
    3. The Five-Year EA Report shall include the following:
      1. a discussion of the environmental, social and economic benefits realized from implementation of the undertaking;
      2. a summary and discussion of the implementation of the forest management planning process during the reporting period, including:
        • the number of:
          • Forest Management Plans and Contingency Plans prepared and approved;
          • mid-plan checks completed;
          • insect pest management programs prepared and approved; and
          • amendments to Forest Management Plans and Contingency Plans prepared and approved;
        • public and Aboriginal consultation in the preparation of:
          • Forest Management Plans and Contingency Plans;
          • amendments to Forest Management Plans and Contingency Plans; and
          • insect pest management programs; and
        • disposition of:
          • requests for individual environmental assessments related to Forest Management Plans and major amendments to Forest Management Plans; and
          • MECP’s decisions on requests for individual environmental assessments;
      3. the following information for the Whitefeather Forest:
        • a description of the implementation of Conditions 19, 21 and 22 in the forest management planning process; and
        • an assessment of the supply of woodland caribou habitat on the Whitefeather Forest;
      4. a summary and discussion of contributions to, and expenditures from, the Forest Renewal Trust and the Forestry Futures Trust;
      5. a discussion of significant initiatives and major results related to the implementation of the conditions of this Order;
      6. a discussion of the progress of the negotiations with Aboriginal peoples as required by Condition 56;
      7. a discussion of the outcomes of Condition 45 (b) and (c) and how those outcomes have informed forest policy, guides or operational practices.
      8. a description of the number, type and disposition of proposed amendments to the conditions of this Order;
      9. a discussion of specific issues and problems related to implementation of the conditions of this Order, and the manner in which they have been addressed to date;
      10. a discussion of other significant matters related to forest management and implementation of this Order;
      11. a description of actions to be taken to improve the overall implementation of the conditions of this Order; and
      12. the following information for the Cat-Slate Forest
        • a description of the implementation of Conditions 19 and 22 in the forest management planning process.

Amendments to this Order

    1. Amendments to this Order shall be made in accordance with section 3.2 of the EAA subject to the following procedures:

    Requests for Amendments from MNRF

    1. The MNRF Director shall provide notice to the MECP Director that MNRF is initiating the process for an amendment to this Order.
    2. MNRF shall prepare MNRF’s draft request for amendment, which shall include:
      1. a description of the requested amendment and proposed wording;
      2. the rationale for the requested amendment, including any new information or change in circumstances giving rise to the need for the amendment;
      3. a summary of any expected direct environmental effects of proceeding with the amendment; and
      4. a discussion of how the requested amendment will be implemented, including timeframes and geographic application.
    3. MNRF shall invite comment on MNRF’s draft request for amendment through:
      1. an information notice on the Environmental Registry, posted for a minimum comment period of 45 days; and
      2. a direct notification to persons, organizations and Aboriginal communities with a potential interest in the draft request for amendment.
    4. After consideration of comments received on MNRF’s draft request for amendment, MNRF shall prepare and submit an MNRF request for amendment, to the MECP Director. An MNRF request for amendment shall include the content requirements from clause (c) of this Condition, a discussion of the comments received on MNRF’s draft request for amendment, and MNRF’s consideration of those comments.
    5. After submission of MNRF’s request for amendment to MECP, MNRF shall update the Information Notice on the Environmental Registry to:
      1. indicate MNRF has submitted MNRF’s request for amendment to the MECP Director; and
      2. make available MNRF’s request for amendment.
    6. The MECP Director shall review the MNRF request for amendment and in discussion with MNRF, determine if any additional information from or consultation by MNRF is required.
    7. If the decision is to proceed with the MNRF request for amendment, the MECP Director shall prepare and process an MECP amendment proposal according to the requirements of clauses (q) to (t) of this Condition.
    8. An MNRF request for amendment may be submitted to the MECP Director from the MNRF Director without completing the requirements of clauses (d) to (f) of this Condition, where the MNRF Director considers the requested amendment(s) to be administrative, or the MNRF Director is of the opinion that the substantive content of the proposed amendment is being or has been proposed in a substantially equivalent process to the process in clauses (d) to (f) of this Condition, and that the equivalent process is substantially complete when the request for amendment is made.
    9. Where the MECP Director concurs that the requested amendment(s) is administrative, or that the substantive content of the proposed amendment is being proposed in a substantially equivalent process to the process in clauses (d) to (f) of this Condition, and that the equivalent process is substantially complete when the request for amendment is being made, MECP will process an MECP amendment proposal in accordance with clauses (q) to (t) of this Condition.

    Requests for Amendments from any Person or Organization

    1. A person or organization may request an amendment to this Order by submitting an amendment request to the MNRF Director, with a copy to the MECP Director. An amendment request shall include:
      1. a description of the requested amendment(s), and proposed wording; and
      2. the rationale for the requested amendment(s), including any new information or change in circumstances giving rise to the need for the amendment(s).
    2. The MNRF Director shall, within 60 days of receipt of an amendment request submitted in accordance with clause (k) of this Condition, provide a written response to the person or organization who submitted the amendment request, with a copy to the MECP Director. In the response, MNRF shall indicate whether or not MNRF will proceed with the amendment request. If MNRF:
      1. intends to proceed, the response will:
        • indicate that MNRF will prepare and process an MNRF request for amendment according to the requirements of clauses (b) to (i) of this Condition; and
        • identify the timeframe for submission of an MNRF request for amendment to MECP.
      2. intends not to proceed, but will attempt to resolve the issue that caused the person or organization to submit the amendment request by other means, the response shall:
        • provide the rationale for MNRF’s decision not to proceed; and
        • identify the means that MNRF will use to attempt to resolve the issue.
      3. intends not to proceed, the response shall provide the rationale for MNRF’s decision not to proceed.
    3. A person or organization may submit an amendment request, in writing, to the MECP Director, if:
      1. the MNRF decision on the amendment request was not to proceed with an MNRF Request for Amendment; or
      2. the person or organization is not satisfied by MNRF’s attempts to resolve the issue by other means.
    4. A person or organization submitting an amendment request directly to the MECP Director shall include the following information in the request:
      1. a description of the requested amendment(s), and proposed wording;
      2. the rationale for the requested amendment(s), including any new information or change in circumstances giving rise to the need for the amendment(s); and
      3. a summary of any discussions to date with MNRF, including a copy of MNRF’s response to the person or organization that submitted the amendment request.
    5. The MECP Director will use best efforts to decide, within 60 days of receiving a request for an amendment, whether or not to proceed with an amendment request, and upon making the decision, shall provide notice of the decision to the person or organization that made the request.
    6. If the decision is to proceed with a proposed amendment based on the amendment request, the MECP Director shall prepare and process an MECP amendment proposal that addresses the requested amendment according to the requirements of clauses (q) to (t) of this Condition.

    Proposals for Amendments from MECP

    1. The MECP Director may propose an amendment to the Order arising out of clauses (b) to (p) of this of this Condition or on the MECP Director’s own initiative. The MECP Director shall provide notice that MECP is initiating the process for an amendment to this Order to the MNRF Director and, if the proposal is being made in response to an amendment request by a person or organization, to that person or organization, The MECP Director shall prepare an MECP amendment proposal which shall include:
      1. a description of the proposed amendment(s), including any amendments in addition to those requested by MNRF, or any persons or organizations;
      2. the rationale for the proposed amendment(s), including any new information or change in circumstances giving rise to the need for the amendment(s); and
      3. a discussion of the expected direct environmental effects of proceeding with the proposed amendment(s).
    2. The MECP Director shall provide a 60 day comment period on the MECP amendment proposal to:
      1. the MNRF Director if the amendment proposal is initiated because of a request by a person or organization, to that person or organization; and
      2. any other person, organization or Aboriginal community that the MECP Director considers appropriate.
    3. After consideration of the comments received, the MECP Director may finalize the MECP draft amendment proposal and forward the proposal to the Minister of the Environment and Climate Change for his or her consideration and decision. If the Minister of the Environment and Climate Change concurs with the MECP draft amendment proposal:
      1. the MECP Director will finalize an MECP amendment proposal;
      2. invite comment on the MECP amendment proposal through a Policy Proposal Notice on the Environmental Registry, posted for a minimum review period of 45 days; and
      3. undertake any additional consultation, including consultation with Aboriginal communities, that the Minister of the Environment and Climate Change considers appropriate having regard to the nature of the proposed amendment.
    4. After consideration of comments received on an MECP amendment proposal, the Minister of the Environment and Climate Change may seek the approval of the Lieutenant Governor in Council for an Order that amends this Order or that revokes and replaces this Order, with any necessary provisions for transition and phase-in.

Recorded Proceedings of the Timber Class EA Hearings

  1. MNRF and MECP shall continue to maintain copies of the recorded proceedings of the 1988-1992 Timber Class Environmental Assessment Hearing, including transcripts and final argument, and where possible, exhibits and interrogatories. MECP shall ensure that the recorded proceedings are available for public use.

Transition Provisions

    1. MNR-71 and MNR-74 are revoked on the day that this Order is approved by the Lieutenant Governor in Council;
    2. Conditions 1-26 in MNR-71 and Conditions 5-33 in MNR-74 and FMPM (2009) will continue to apply to Forest Management Plans, plan amendments, and Contingency Plans that were commenced or approved before the date a new FMPM required by this Order is approved under the CFSA;
    3. Notwithstanding (b), the Forest Management Planning Manual required by this Order may provide that certain of its provisions may apply to:
      1. the preparation of a Forest Management Plan that was commenced in accordance with the Forest Management Planning Manual (2009); and
      2. a Forest Management Plan, plan amendment, plan extension, Contingency Plan, annual work schedule, Insect Pest Management Program and Management Unit Annual Report that has been approved, in accordance with Forest Management Planning Manual (2009).
    4. This Order shall come into effect on the date that it is approved by the Lieutenant Governor in Council.

Phase-In

    1. Within 18 months of the date of this Order or such other later date as may be specified by the MECP Director, MNRF shall:
      1. revise the Forest Management Planning Manual in accordance with section 68 of the CFSA to reflect the requirements in this Order;
      2. submit the proposed revised Forest Management Planning Manual to MECP for review to ensure consistency with the forest management planning conditions of this Order;
      3. following review and comment by MECP, submit the revised Forest Management Planning Manual for approval by the Lieutenant Governor in Council; and
      4. revise the Forest Operations and Silviculture Manual and the Forest Information Manual in accordance with section 68 of the CFSA to include the requirements in this Order.
    2. The first Provincial Biennial Report on Forest Management required by Condition 39(d) shall be for the reporting period April 1, 2014 to March 31, 2016.
    3. The change from five year to ten year MNRF Guide reviews contained in Condition 44(a) shall come into effect on April 1, 2016.
    4. The guidance document required by Condition 54(c) to support involvement in implementation of the conditions of this Order will be made available to the public within 12 months of approval of the revisions to the Forest Management Planning Manual contemplated by clause (a) of this Condition.
    5. The first Five-Year EA Report on Forest Management required by Condition 57(a) of this Order shall be for the period April 1, 2013 to March 31, 2018.

Schedule 1: Map of the Area of the Undertaking

Map of northern Ontario showing the area of the undertaking, the area of management unit specific direction Whitefeather Forest (Conditions 19-23), and highways.

View a larger version of this map (PNG).

The Area of the Undertaking of forest management on Crown lands in Ontario consisting of an area of approximately 45 million hectares extending throughout the central portion of the province from the Quebec border to the Manitoba border, of which approximately 37.4 million hectares are Crown lands. The area includes the approximately 1.2 million hectares that form the Whitefeather Forest, identified on the map as the area of management unit specific direction, located north of Red Lake.

Dated the 18th day of August, 2015 at Toronto.

Original Signed by
Minister of the Environment and Climate Change

Approved by O.C. No.: 1126/2015.

Date O.C. Approved: August 25, 2015

Environmental Approvals Branch Contact: D. Bell
Telephone No.: 416-314-7232
EA File No.: EA-04-05-04