environmental assessment act
section 17.15
notice of approval to proceed with a part II.3 project

RE: Marten Falls Community Access Road (Project)
Proponent: Marten Falls First Nation
EAIMS No.: 03-08-02 (20023)

Part II.3 (Comprehensive Environmental Assessments) of the Environmental Assessment Act (Act) establishes the requirements, authority, and process for preparing, submitting and deciding an application for approval to proceed with a Part II.3 project under the Act.

The Proponent, having submitted the application for approval to proceed with the Project under Part II of the Act and Part II of the Act having been subsequently revoked, pursuant to section 5 of O. Reg. 53/24 under the Act, the application is deemed to have been submitted under Part II.3 of the Act.

An application consists of a terms of reference and an environmental assessment. In respect of the Project, the terms of reference was approved by the Minister on October 8, 2021. The Proponent submitted its Environmental Assessment on February 20, 2026, for a decision on the application.

A seven-week comment period followed the submission of the Environmental Assessment to the ministry, during which time any person could submit comments about the Environmental Assessment and the Project.

Following the seven-week comment period, between May 1 and May 15, 2026, the proponent circulated community-specific Aboriginal and/or Treaty Rights and Interests: Existing Conditions and Impact Assessment (ATRI) reports to Indigenous communities. Indigenous communities had an opportunity to provide comments on these reports during the five-week ministry review comment period. The ministry received minimally redacted versions of these reports.

The ministry review of the Environmental Assessment was completed on May 15, 2026, and published on May 22, 2026, and notice was provided in accordance with the Act. The ministry review concluded that the Environmental Assessment was prepared in accordance with the approved terms of reference and the Act and contained sufficient information to assess the potential environmental effects of the Project. There were no outstanding issues from the environmental assessment process that cannot be addressed through commitments made in the Environmental Assessment, conditions of approval and subsequent permitting and approvals. The public, government agencies and Indigenous communities had an opportunity to comment on the Environmental Assessment, the Project, and the ministry review during the five-week ministry review comment period. A revised Appendix O Aboriginal and/or Treaty Rights and Interests Technical Support Document was published on the proponent’s website on May 22, 2026 for comment during the five-week ministry review comment period.

On July 28, 2026, the proponent identified that there are typing errors at pages 84 and 1,771 of the Environmental Assessment. At those pages the portion of the access road that will be within the Marten Falls First Nation reserve is described as being 8 kilometres in length. The proponent clarified that the total length of the road is 184 kilometres, of which 4 kilometres will be located within the Marten Falls First Nation reserve. The proponent also clarified that the shapefiles used in the preparation of the Environmental Assessment and the figures in the Environmental Assessment were accurate in this respect and depicted the correct distances.

All comments submitted during the statutory comment period have been considered. Two requests for a hearing by the Ontario Land Tribunal were submitted. I have considered the requests and decided that a hearing is unnecessary and would cause undue delay in determining the application. I am not aware of any outstanding issues with respect to the application which suggest that a hearing should otherwise be required.

Having considered the purpose of the Act, the approved terms of reference, the Environmental Assessment, the ministry review of the Environmental Assessment and comments submitted, I am giving approval to proceed with the Project, subject to the conditions set out below.

Reasons

My reasons for giving approval are:

  1. The Proponent has complied with the requirements under the Act.
  2. The Environmental Assessment has been prepared in accordance with the approved terms of reference.
  3. Taking into consideration the Environmental Assessment and the ministry review, the Proponent’s conclusion that, on balance, the advantages of this Project outweigh its disadvantages appears to be valid.
  4. The Proponent has demonstrated that the environmental effects of the Project can be appropriately avoided, managed, or mitigated.
  5. Taken together, the Environmental Assessment, the ministry review and the conditions of approval, the approval of the Project would be consistent with the purpose of the Act.
  6. There are no outstanding concerns raised by government agencies, public, or Indigenous communities that cannot be addressed through commitments in the Environmental Assessment, through the conditions set out below or through future approvals that will be required.

Conditions

The approval is subject to the following conditions:

  1. Interpretation

    1. Definitions 
      For the purposes of these conditions:

      “Act”
      means the Environmental Assessment Act.
      “Commitments List”
      means the document titled Marten Falls First Nation Community Access Road Commitments, dated August 12, 2026, and available on the Project Website.
      “Construction”
      means the physical construction activities, including site preparation works, but does not include the tendering of contracts.
      “Date of Approval”
      means the date on which the Order in Council pertaining to the approval of the Project was signed by the Lieutenant Governor in Council.
      “Director”
      means the Director of the Environmental Assessment Branch.
      “EAB”
      means the Environmental Assessment Branch of the Ministry of the Environment, Conservation and Parks.
      “Environmental Assessment”
      means the document titled Marten Falls Community Access Road Environmental Assessment Report/Impact Assessment and dated February 20, 2026.
      “Environmental Advisory Committee”
      means the Environmental Advisory Committee as described in the Environmental Assessment, submitted February 20, 2026, and as described in this Notice of Approval.
      “Indigenous Communities”
      means the following communities:
      • Animbiigoo Zaagi’igan Anishinaabek
      • Aroland First Nation
      • Attawapiskat First Nation
      • Constance Lake First Nation
      • Eabametoong First Nation
      • Fort Albany First Nation
      • Ginoogaming First Nation
      • Kasabonika Lake First Nation
      • Kashechewan First Nation
      • Kingfisher Lake First Nation
      • Kitchenuhmaykoosib Inninuwug
      • Long Lake #58 First Nation
      • Marten Falls First Nation
      • Métis Nation of Ontario Region 2
      • Mishkeegogamang First Nation
      • Neskantaga First Nation
      • Nibinamik First Nation
      • Red Sky Metis Independent Nations
      • Wapekeka First Nation
      • Wawakapewin First Nation
      • Weenusk First Nation
      • Webequie First Nation
      • Wunnumin Lake First Nation
      “MNR”
      means the Ministry of Natural Resources.
      “Marten Falls Community Access Road”
      means, subject to condition 1.2, a new all-season road, 184 kilometres in length, and associated supporting infrastructure located from Marten Falls First Nation to the Ring of Fire area in northern Ontario, as is more particularly described in the Environmental Assessment.
      “Ministry”
      means the Ministry of the Environment, Conservation and Parks.
      “Project”
      means the construction, operation and maintenance of the 180-kilometre portion of the Marten Falls Community Access Road, that is not located on the Marten Falls First Nation reserve.
      “Project Website”
      is the website maintained pursuant to condition 3.1.
      “Proponent”
      has the same meaning as in subsection 1 (1) of the Act.
    2. Road Length – within reserve 
      Notwithstanding the references at pages 84 and 1,771 of the Environmental Assessment, the portion of the Marten Falls Community Access Road to be constructed within the Marten Falls First Nation reserve is 4 kilometres in length.
  2. General Requirements
    1. The Proponent shall implement the Project in accordance with the Environmental Assessment which is hereby incorporated into this Notice of Approval by reference, except as provided in the conditions of this Notice of Approval and, consistent with condition 2.5, as may be provided in any other approval or permit that may be issued for this Project.
    2. Should the Proponent wish to make changes to any document required by these conditions after the document has been accepted or approved by the Ministry, the Proponent shall obtain the written approval for the proposed changes from the ministry decision-maker in the condition requiring the document.
    3. For any document required by these conditions to be prepared, submitted and/or posted publicly by the Proponent, the Director may determine that the Proponent is no longer required to prepare, submit or post the document. The Director shall provide written notice of the decision to the Proponent. Until such time as the Proponent has received written notice from the Director, the Proponent must continue to prepare, submit and/or post the document as required by the conditions.
    4. The Proponent shall fulfill all commitments made in the Environmental Assessment and all commitments made in the Commitments List except as provided in the conditions of this Notice of Approval and, consistent with condition 2.5, as may be provided in any other approval or permit that may be issued for this Project.
    5. The conditions of this Notice of Approval do not prevent more restrictive conditions being imposed under other statutes.
  3. Public Record
    1. The Proponent shall maintain a Project Website until such time as the Director instructs the Proponent in writing that the Proponent is no longer required to do so.
    2. Where a document is required by this Notice of Approval, the Proponent shall post the document on the Project Website and shall provide an electronic copy of the document to the Director.
    3. The Environmental Assessment Reference Number 18047 shall be quoted on all documents submitted to the Ministry pursuant to this Notice of Approval.
    4. For every document submitted to the Ministry, the Proponent shall clearly identify which condition of approval the document is meant to fulfill.
  4. Compliance Monitoring Program
    1. The Proponent shall prepare and submit to the Director for approval a compliance monitoring program.
    2. The compliance monitoring program shall be submitted to the Director within 90 days from the Date of Approval or such other date agreed upon by the Director in writing.
    3. The compliance monitoring program shall be a framework template for the annual compliance monitoring reports and shall include the following elements at a minimum:
      1. a brief Project implementation update;
      2. a brief consultation update;
      3. a compliance monitoring table indicating how the conditions in this Notice of Approval are being fulfilled;
      4. a compliance monitoring table indicating how all commitments made in the Environmental Assessment and the Commitments List with respect to mitigation measures, public consultation, and additional studies and work are being fulfilled; and
      5. a summary of all changes to the Project, in accordance with condition 9.
    4. The Director may require the Proponent to amend the compliance monitoring program at any time. Should an amendment be required, the Director will notify the Proponent in writing of the required amendment and the date by which the Proponent must complete and submit the amendment to the Director.
    5. The Proponent shall submit the amended compliance monitoring program to the Director within the time period specified by the Director in the written notice.
    6. The Proponent shall implement the compliance monitoring program, including any amendments to it.
  5. Compliance Reporting
    1. The Proponent shall prepare an annual compliance report using the framework template of the compliance monitoring program (condition 4).
    2. The first compliance report shall be submitted to the Director for review one year following the Date of Approval. Each subsequent annual compliance report shall be submitted to the Ministry for review on the date that is the anniversary of the Date of Approval thereafter or other date as agreed to by the Director. Each report shall cover the previous reporting year.
    3. The Proponent shall submit annual compliance reports until all conditions in this Notice of Approval are satisfied or the Proponent is instructed otherwise in writing by the Director.
    4. The Proponent shall notify the Director in writing when the final annual compliance report is being submitted. The Ministry will confirm whether the annual compliance reporting requirements have been fulfilled and the Director will confirm this in writing to the Proponent.
    5. The Proponent shall retain, either in the Proponent’s office or in another location approved by the Director, copies of the annual compliance reports for each reporting year and any associated documentation of compliance monitoring activities.
    6. The Proponent shall post the annual compliance reports for each reporting year on the Project Website.
    7. The Proponent shall make all documents relied upon in the course of preparing a compliance report available to the Director or a designate in a timely manner when requested to do so by the Ministry.
  6. Environmental Advisory Committee
    1. The Proponent shall establish the Environmental Advisory Committee.
    2. The Proponent shall maintain the Environmental Advisory Committee until such time as the Director may notify the Proponent in writing.
    3. The functions of the Environmental Advisory Committee will be to:
      1. Facilitate communication and engagement about the activities of the Environmental Advisory Committee.
      2. Where feasible, facilitate use of Indigenous Knowledge and Indigenous Community land use information in Project activities.
      3. Discuss opportunities to include an Indigenous environmental monitor(s) in Project activities.
      4. Facilitate development of the measures, plans and programs described in the Environmental Assessment and the Commitments List, including the Final Biodiversity Offset Plan, Environmental Monitoring Plan and Environmental Protection Plan.
      5. Provide opportunities for Indigenous Communities to contribute to the implementation of the measures, plans and programs described in the Environmental Assessment and the Commitments List, including the FinalBiodiversity Offset Plan, Environmental Monitoring Plan and Environmental Protection Plan.
      6. Facilitate discussions on potential access controls for the Project.
      7. Provide a forum for sharing information regarding Community Readiness Strategies and Adaptive Management Plans described in the Environmental Assessment.
      8. Share the results from the annual compliance reporting described in condition 5.
      9. Facilitate discussions and sharing of information as required by condition 7.
      10. Discuss other topics that may be of interest to participants, as agreed to between the participants and the Proponent.
    4. At least 30 days prior to the Proponent holding its first Environmental Advisory Committee meeting, the Proponent shall invite Indigenous Communities to participate in the Environmental Advisory Committee.
    5. The Proponent shall hold its first Environmental Advisory Committee meeting no later than 90 days following the Date of Approval or as is otherwise required by the Director in writing.
    6. The Proponent shall notify the Director in writing at least 30 days prior to the first Environmental Advisory Committee meeting.
    7. The Proponent shall post notes of each meeting on its Project Website as soon as possible following each meeting.
    8. For the first year after the first Environmental Advisory Committee meeting, the Proponent shall continue to extend an invitation to the Indigenous Communities to participate in the Environmental Advisory Committee at least 30 days before each meeting. After the first year, the Proponent, at its discretion, may continue to only send invitations to those Indigenous Communities that have expressed interest in participating. If at any point an Indigenous Community requests to no longer receive these invitations, the Proponent shall document this request and thereafter no longer send invitations to this community. If an Indigenous Community did not respond in the first year but informs the Proponent that it wishes to be invited, the Proponent shall invite the community to participate.
  7. Coordination with Other Road Projects
    1. The Proponent shall coordinate with the proponent of the Webequie Supply Road project (WSR; file No. 18046), and in the event that the Northern Road Link project (NRL; file No. 20019) receives approval to proceed, with the proponent of the NRL, on the following matters:
      1. the monitoring of the cumulative effects related to the projects, and
      2. the implementation of any adaptive management measures required to respond to the results of the monitoring mentioned in (a) above.
    2. The Proponent shall share updates with the Environmental Advisory Committee (condition 6) on the matters described in condition 7.1.
  8. Mitigation Measures for Candidate Significant Wildlife Habitat
    1. The Proponent shall work with MNR to identify candidate Significant Wildlife Habitat (SWH) and their associated adjacent lands within the project footprint and ancillary infrastructure. The Proponent will then work with MNR, and other agencies as appropriate, to identify appropriate mitigation and monitoring measures for these features in the Environmental Protection Plan and Environmental Monitoring Plan.
  9. Change Process
    1. If the Proponent wishes to make any changes to the Project, including to commitments set out in the Environmental Assessment, the Proponent shall follow Section 5.1.6 of the Environmental Assessment (Procedure for Changes to the Project).
    2. If the Proponent wishes to make any changes to any of the commitments outlined in the Commitments List the Proponent shall follow Section 5.1.6 of the Environmental Assessment (Procedure for Changes to Project) as if the commitments formed part of the Environmental Assessment and the procedure shall be read accordingly.

Dated the 21st day of August 2026 at Toronto.

[Original Signed by]
Minister of the Environment, Conservation and Parks
777 Bay Street, 5th Floor
Toronto ON M7A 2J3

Approved by O.C. No.
Date O.C. Approved

Order in Council 1268/2026