ORDER MADE UNDER THE ENVIRONMENTAL ASSESSMENT ACT

Declaration – Projects and Activities being considered for inclusion in the

Algonquin Land Claim Settlement Having received a request from the Ministry of Aboriginal Affairs (formerly the Ontario Secretariat for Aboriginal Affairs) that a class of undertakings on the part of the following proponents:

• Ministry of Natural Resources • Ministry of Transportation • Ontario Realty Corporation • Ministry of Northern Development and Mines

namely: Projects and activities that are subject to the approved class environmental assessments and Declaration Order described in condition 4 that implement the settlement agreement which resolves the Algonquin Aboriginal rights and title claim against the Crown (hereafter referred to as the "Algonquin Land Claim Settlement Agreement") and includes any interim agreements between the Crown and the Algonquins which are intended to be incorporated into or superceded by the Algonquin Land Claim Settlement Agreement (hereafter referred to as Interim Agreements); Be declared not subject to sections 5 and 13 of the Environmental Assessment Act pursuant to section 3.2(1)(a) of the Act; Having been advised that if the class of undertakings is subject to the application of the Act, the following injury, damage or interference with the persons and property indicated may occur:

A. Potential impairment of Ontario's capacity to effectively manage its participation in tripartite negotiations with both the federal government and the Algonquin Nation in Ontario with respect to the Algonquin Land Claim Settlement that they possess unextinguished Aboriginal rights and title to lands within the Ottawa and Mattawa River watersheds located within Ontario.

B. Creation of delays and possible frustration of attempts of the parties to negotiate a

settlement agreement which will resolve the claim and provide certainty with respect to interests in land, hunting and fishing as well as other resource rights.

C. Interference with, and possible damage to, public consultation and the ability of the

various Ontario agencies involved in implementing the Algonquin Land Claim Settlement to avoid the potential duplication and inefficiencies of review requirements under existing class environmental assessments and a Declaration Order in the absence of a collective and consistent review process as set out in this Order. The process set out in this Declaration Order is a more effective method of addressing any environmental issues associated with the Algonquin Land Claim Settlement.

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment which would result from the class of undertakings being subject to the application of the Act;

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The undersigned is of the opinion that it is in the public interest to declare and declares that the class of undertakings is not subject to the application of the Act for the following reasons:

A. This Declaration Order will improve upon the review processes in the current Class Environmental Assessment approvals and a Declaration Order under the Environmental Assessment Act by providing for the use of one consistent review process for each ministry or agency to follow when assessing the potential environmental effects of the projects and activities that are being considered for inclusion in the Algonquin Land Claim Settlement Agreement.

B. Notice of the proposal to issue this Declaration Order has been placed on the

Environmental Bill of Rights Environmental Registry and no comments have been received.

C. An efficient and effective approach has been developed, as outlined in Schedule A, to

provide consistent processes for the assignment of an appropriate level of assessment for each project and activity and opportunities for public and agency consultation, input and review. There will be opportunities for the coordination of the environmental assessment process, both across government agencies and with the province’s conduct in the negotiations.

D. Integral to the approach set out in this Declaration Order, the future conduct of public consultation activities will continue to be delivered in a seamless, publicly inclusive negotiation process, to help advance the achievement of a successful and enduring claim settlement and meet the spirit and intent of public consultation objectives set out in the Environmental Assessment Act.

E. This Declaration Order will further facilitate informed and effective public and

agency/ministry consultation by providing one consistent process for assessing and mitigating the potential environmental effects of the projects and activities involved in implementing an Algonquin Land Claim Settlement Agreement.

F. This Order provides opportunities for public and agency/ministry consultation and also opportunities for coordination of public and agency/ministry consultation when the process can be applied to more than one proposed activity and project at the same time.

This Declaration Order is subject to the following conditions:

1. For proposed activities and projects that are considered for inclusion in the Algonquin Land Claim Settlement Agreement, or any Interim Agreements, each proponent listed in this Declaration Order which is responsible for the project and activity, shall carry out a review of potential environmental effects in accordance with the process described as Schedule "A" below. For greater certainty, the review process described in Schedule “A” applies (i) solely to that period of time prior to the Crown and the Algonquins entering into a Settlement or Interim agreement, or (ii) if the Settlement or Interim Agreement expressly provides that it applies in implementing parts of the Settlement Agreement.

2. This Declaration Order expires on December 31, 2027 unless the Minister of the

Environment, taking into consideration the progress of the negotiated settlement process and upon written request of the Ministry of Aboriginal Affairs, extends this expiry date by notice in the Ontario Gazette.

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3. Notwithstanding condition 2, projects and activities, if not fully implemented by the date of expiry, as it may be extended from time to time, may continue to proceed until completion in accordance with this Declaration Order.

4. For greater certainty, this Declaration Order replaces the requirements of the following

class environmental assessment approvals and a Declaration Order, including any future replacements or amendments made from time to time, as they pertain to the class of undertakings described in this Order:

• Ministry of Natural Resources . Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects;

• Ontario Realty Corporation. Class Environmental Assessment Process for

Management Board Secretariat and Ontario Realty Corporation;

• Ministry of Transportation. Class Environmental Assessment for Provincial Transportation Facilities;

• Ministry of Natural Resources. Class Environmental Assessment for Provincial

Parks and Conservation Reserves;

• Ministry of Northern Development and Mines. Declaration Order MNDM- 3, Disposition of Rights to Crown Resources.

Dated the 23 rd day of July , 2007 at TORONTO. Original signed by Laurel Broten ________________________________ Minister of the Environment Approved by O.C. No. 1900/2007 Date O.C. Approved August 22, 2007 Environmental Assessment and Approvals Branch Contact: Solange Desautels Telephone No.: 314-8360 EA File No.: EA 04 10

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SCHEDULE “A” 1.0 Application of the Declaration Order

1.1 Lands Affected The Algonquin claim encompasses approximately 14,000 square miles (36,000 square kilometres). Figure 1.1 illustrates the approximate boundaries of the area that has, by mutual agreement of the parties, primarily been the focus of the negotiations. Due to the on-going nature of the negotiations process, the exact boundaries for the claim settlement cannot be defined. The boundaries that are shown are approximate and may be subject to change, depending on the final results of the settlement.

The area is generally described as that portion of eastern Ontario whose watersheds lie south of the Ottawa and Mattawa Rivers and whose waters flow northward into those rivers.

1.2 Class of Undertakings The class of undertakings consists of those projects and activities that are being considered for inclusion in an Algonquin Land Claim Settlement Agreement, including:

• the transfer of publicly-held (patented) land; • the transfer of Crown land, rights and interests including the release of Crown

reservations; • the transfer through disposition, disposal or granting of certain or all rights to Crown

resources through such means as permits, licenses, approvals, permissions, consents, leases, licenses of occupation or sale;

• the transfer of Crown assets; • the amending and rescinding in whole or in part, boundary regulations for provincial

parks and conservation reserves; • the acquisition of private lands for the purpose of transfer; and/or • projects and activities which the Algonquin Land Claim Settlement Agreement

provides to be on settlement lands before the transfer of the settlement lands to the Algonquins.

Private property will only be acquired for purposes of a settlement on a willing seller, willing buyer basis.

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Figure 1.1: Approximate Location of the Area Subject to Negotiation

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2.0 The Process This section outlines a process for assessing the potential environmental effects of those undertakings (i.e., projects and activities) that are being considered for inclusion in an Algonquin Land Claim Settlement. This section presents:

• three project or activity categories that recognize varying degrees of potential for significant environmental effects and public and agency concern (Section 2.1);

• a screening process to identify potential negative and positive environmental effects, and to assign projects and activities to categories (Section 2.2);

• evaluation and consultation processes for Category B and C projects and activities (Sections 2.3 and 2.4);

• changes to project and activity category provisions (Section 2.5); • modifications to projects and activities (Section 2.6); and • minor amendments (Section 2.7).

The process described in this section outlines the proponent ministries’ responsibilities for fulfilling the requirements under this Declaration Order relative to those projects and activities that are being considered for inclusion in an Algonquin Land Claim Settlement. Administrative activities such as property appraisals, valuations, surveys, feasibility studies, legal services, real estate profile reporting, title searches and design services that may be required for purposes of a Project or Activity are not assessed independently of that Project or Activity. Thus, administrative activities will not be independently referenced in the process outlined in this Section. The process should be read in its entirety in order to ensure that all of the requirements are met and to avoid misinterpretation.

2.1 Project and Activity Categories Not all projects and activities require the same level of review. To accommodate the diverse range of projects and activities, it is necessary to provide several levels of assessment. All projects and activities must undergo the screening process outlined in Section 2.2, and in accordance with the screening criteria outlined in Table 2.1, a project or activity must be assigned to one of three “categories” (i.e., Category A, B or C). The intent of the categories is to:

• expedite planning and implementation for projects and activities that have low potential for significant net negative environmental effects and/or public or agency concern (Category A);

• focus on addressing environmental and public concerns, and possible mitigation for

projects and activities that have medium to high potential for significant net negative environmental effects and/or public or agency concern and enable the appropriate planning and consultation process to be followed (Categories B and C).

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2.1.1 Category A – Potential for Low Net Negative Environmental Effects and/or Public or Agency Concern

These projects and activities may have low potential for negative environmental effects and/or public or agency concern. Planning and implementation of these projects and activities would be allowed to proceed in accordance with conditions recommended by the proponent to mitigate negative effects (if required) without further public review or approval. The proponent is required to document the screening decision for Category A projects, along with the rationale for the assignment of the project or activity to this category.

2.1.2 Category B – Potential for Low to Medium Net Negative Environmental Effects and/or Public or Agency Concern

These projects and activities may have low to medium potential for net negative environmental effects and/or public or agency concern (Table 2.2). These effects generally are well understood from a technical perspective and are minor in nature. Although sufficient environmental controls (e.g., legislation, guidelines) are in place for these projects and activities to proceed with appropriate mitigation (where required), there may be some public concern with the proposal (e.g., related to social, cultural, economic or natural environment concerns) that warrants a public notice. Where a project or activity is identified as Category B, the evaluation and consultation process as described in Section 2.4 will be carried out. The proponent will keep a record of consultation activities, issues identified and resolved, and any recommended mitigation.

2.1.3 Category C – Potential for Medium to High Net Negative Environmental Effects and/or Public or Agency Concern

Since these projects and activities have a medium to high potential for net negative environmental effects and/or public or agency concern, they require more information and analysis to identify environmental effects and a more comprehensive public and agency review process than Category B projects (Table 2.2). Projects and activities that are assigned to Category C will proceed through the evaluation and consultation process described in Section 2.4, including preparation of an Environmental Evaluation Report.

2.2 Screening Process

2.2.1 Steps in the Screening Process Screening is a common method used to identify potential negative and positive environmental effects associated with projects and activities. It is a way to confirm the understanding of potential effects, the need for mitigation, and to ensure that all aspects have been or will be considered. The screening process is undertaken by the proponent. The proponent is required to document the screening process and assignment into specific categories in the project file.

This section presents the screening process and criteria that would be used to confirm the placement of a project or activity in the appropriate category. The screening process will be conducted and documented in the following five steps:

• Step 1 – Prepare Project or Activity Description; • Step 2 – Apply Screening Criteria; • Step 3 – Assign Project or Activity to Appropriate Category; • Step 4 – Confirm or Modify Category; and

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• Step 5 – Proceed with Evaluation and Consultation Requirements (as per Sections 2.3 and 2.4).

These steps are described below and illustrated in Figure 2.1.

Step 1: Prepare Project or Activity Description The proponent will open a project or activity file and will prepare a project or activity description which could include information on the:

• project or activity location and study area; • detailed project or activity description; and • applicable policies, procedures, manuals and guidelines, and other permits or approvals

required to undertake the project or activity. All of this information will be recorded in a project or activity file as part of the public record. Relevant resource management plans such as Watershed Plans, Water Management Plans and Source Water Protection Plans may be taken into consideration in preparing the project or activity description. Alternatives will have been addressed within the context of the broader claim negotiations (i.e., as part of the overall corporate initiative to settle the Algonquin claim, in consultation with affected Ontario Ministries and third parties likely to be directly affected).

Step 2: Apply the Screening Criteria The proponent will review the potential net effects of the project or activity (i.e., as outlined in Step 1, and with appropriate mitigation measures to be put in place) against the screening criteria in Table 2.1. Factors and considerations for assessing significance may be used to assist in assigning a rating under each of the screening criteria. A description of each rating is discussed in Section 2.2.2. Where a potential net negative effect is identified under a screening criterion, the proponent will generally provide a brief rationale for the assigned rating either in the table or, where appropriate, in separate supporting documentation. Any recommended requirements for additional information gathering, research, evaluation, mitigation, or monitoring should be identified by the proponent.

Step 3: Assign Project or Activity to Appropriate Category The proponent will use the ratings from Step 2 and the criteria in Section 2.2.4 to assign the project or activity to Category A, B or C.

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Step 4: Confirm or Modify Category An appropriate manager within the proponent ministry will review the assessment decision on the category, request additional information where necessary, and confirm or modify the staff determination of the category. If the manager changes the category, then additional written support for this decision will be prepared. The manager may also defer confirmation of a category until such time as further information is available.

Step 5: Proceed with Evaluation and Consultation Requirements The proponent will recommend to the Ontario negotiating team that projects and activities assigned to Category A may be implemented with appropriate mitigation measures, as required. For those projects and activities assigned to Categories B or C, the proponent will proceed with the project evaluation and consultation requirements described in Sections 2.3 and 2.4. A record of the screening process including the project or activity description, the completed screening table, and supporting rationale will be retained on the project or activity file as part of the public record.

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Figure 2.1: Screening Process

Step 1:Prepare Project

or ActivityDescription

Step 2:Apply Screening

Criteria

Category B:Potential for Lowto Medium Net

Negative Effectsand/or Public/

Agency Concern

Category C:Potential for

Medium to HighNet Negative

Effects and/orPublic/Agency

Concern

Step 4: Confirm or

Modify Category

Step 3:Assign Project or

Activity toAppropriate

Category

Category A:Potential for Low

Net NegativeEffects and/orPublic/Agency

Concern -Implement

Step 5:Proceed with

Evaluation andConsultationRequirements

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Table 2.1: Screening Criteria To assist in the screening, the reviewer should view each screening criteria prefaced with the phrase: “This project has the potential to affect …”. Screening Criteria Rating of Potential Net Effect Comments, Rationale

-H -M

-L

Nil

Unk

+L

+M

+H

Natural Environment Considerations - air quality - water quality or quantity (ground or surface) - species at risk or their habitat - significant earth or life science features - fish or other aquatic species, communities, or their habitat (including numbers, diversity and movement of resident and migratory species)

- land subject to natural or human-made hazards - recovery of a species under a special management program (e.g. elk restoration)

- ecological integrity - terrestrial wildlife (including numbers, diversity and movement of resident or migratory species)

- natural vegetation and terrestrial habitat linkages or corridors through fragmentation, alteration and/or critical loss

- soils and sediment quality - drainage or flooding - sedimentation or erosion - release of contaminants in soils, sediments - significant natural heritage features and areas (e.g. areas of natural and scientific interest, provincially significant wetlands, hazard lands, important bird areas and migratory bird sanctuaries)

- wetland function - areas of high mineral potential - slope stability due to the presence of sensitive marine (leda) clays

- other (specify) Land Use, Resource Management Considerations - values for which a provincial park or conservation reserve was established

- access to trails or inaccessible areas (land or water) - or obstruct navigation - other resource management projects (e.g.,. forestry) - traffic patterns or traffic infrastructure - recreational importance - public or private - or create excessive waste materials - or commit a significant amount of a non-renewable resource (e.g. aggregates, agricultural land)

- noise levels - views or aesthetics - adjacent or nearby uses, persons or property - provincial or municipal land use policies, plans or planned development

- private land - other (specify)

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Screening Criteria

Rating of Potential Net Effect Comments, Rationale

-H

-M

-L

Nil

Unk

+L

+M

+H

Social, Cultural, and Economic Considerations - cultural heritage resources - including archaeological sites, built heritage, and cultural heritage landscapes 1

- or displace people, businesses, institutions, or public facilities - community character, enjoyment of property, or local amenities

- or increase demands on government services or infrastructure - public health and/or safety - local, regional, or provincial economies or businesses - tourism values (e.g. resource-based tourist lodge) - other (specify) Aboriginal Considerations - First Nation reserves or communities - spiritual, ceremonial, or cultural sites - land used for harvesting activities - Aboriginal values - other (specify)

1 Where projects may affect a known or suspected cultural heritage resource, further technical studies may be warranted. Ministry of Culture technical studies that may be required include items such as archaeological assessments by licensed archaeologists and built heritage studies by qualified heritage consultants if a significant built heritage structural feature is being affected.

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2.2.2 Assigning High, Medium and Low Effects in the Screening Process The following explains the intended meaning for assigning the degree of effect to each project or activity, and of each of the rating categories: Rating of Potential Net Effect Explanation • “nil” effect • would be assigned where a criterion clearly

does not apply • “low” net effect • would be assigned where there is a high degree

of certainty as to the effect, and where the effect has minimal significance

• “medium” net effect • may be based on reasonable certainty, and may have significance in combination with other medium and high net effects

• “high” net effect • may reflect high level of certainty that an effect will occur, or a low level of certainty about one or more effects and a need for further evaluation and exploration of mitigation options

• one or more “high” negative net effects may result in a recommendation to seek other ways of resolving a problem or meeting program objectives

• "unk" • would be assigned where the effects are unknown

• "-" • means a potential net negative effect • "+" • means a potential net positive effect Note: A net environmental effect is a change to the environment that would result from the project or

activity, following the application of proposed mitigation measures. Net effects are sometimes referred to as residual effects.

To document the assignment of ratings in Table 2.1, the reviewer will check the appropriate column and note any clarifying comments or rationale for the rating. If a project or activity has both positive and negative effects on one criteria, this should be noted in the columns and described in the comments/rationale column. The screening criteria are not intended to be numerically scored or tallied as this would act against the intent of identifying the criteria of concern. If the effect is unknown, then this should be noted in the comment column. Where information is unknown or unavailable for the proposal it will be noted and, where the proponent considers it important to screening the project, the deficiency will be addressed. In assigning the project or category, consideration should be given to anticipated public and agency concerns. In some situations, the proponent may consult with specialists and the public to assist in making determinations in the screening process. If the project or activity consists of two or more components, any one of which would be subject to screening, the aggregate effects of all the components should be considered in identifying potential net effects.

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2.2.3 Assessing the Significance of Environmental Effects An environmental effect is any change to the environment, positive or negative, that would occur as a result of a project or activity. This Declaration Order requires the proponent to assess the significance of environmental effects by:

• using the screening process to assign projects and activities to categories A, B or C; and • assessing the environmental effects of a Category B and C projects and activities.

Factors for Assessing Significance The following factors may be used in assessing the significance of the environmental effects of a project or activity:

Magnitude Magnitude represents the relative severity or benefit of the effect under consideration. For example, the complete displacement of a feature for a particular project would represent a greater magnitude of effect than a minor effect of dust from construction. Larger scale projects may often have a greater magnitude of effect. Relevant policies and standards may assist in assessing the magnitude of an effect.

The Value of the Feature or Situation Affected Some features or situations may be given a higher priority than others. Where a project or activity would have a negative effect on the values for which a feature was being managed, this would be of greater concern than most other criteria. For example, an effect on an endangered species habitat would be of greater significance than an effect on an area of natural vegetation that is not identified as having any special importance. On a broader scale, effects under some categories of screening criteria, such as natural environmental effects, may be given greater priority over other effects.

Geographic Extent Localized environmental effects may not be as significant as those that extend over a wide area.

Likelihood of the Effect Some effects are more easily predicted than others. Uncertainty should be recognized and reflected in the evaluation.

Reversibility and Irreversibility Some effects such as groundwater contamination may be regarded as having a low likelihood of occurring, but would be difficult to reverse. Other effects may be relatively easy to remedy.

Duration and Frequency Effects should be considered for the construction, operation and, where appropriate, the decommissioning phases of a project. Longer term or more frequent effects may have greater

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significance. For example, a temporary effect of project construction may be less significant than an effect of lesser magnitude that extends over the life of the project.

Other Considerations The following considerations may assist in applying the factors provided above:

Concerns of Interested Agencies, Aboriginal Groups, Other Groups and Individuals The assessment will consider input from consultation undertaken for the project or activity. Information provided by the public, government agencies, and non-government organizations may contribute factual information for the “technical” assessment of significance. In other instances, input may reflect the level of concern (perceived or otherwise) regarding a project or activity.

Level of Detail Information on the existing environment and potential environmental effects should be reviewed and assessed for its adequacy in determining significance. Any gaps in the information required to assess significance should be identified. Where there are gaps, these should be recognized and specialist help may be sought or special studies may be initiated for a project or activity evaluation. The level of detail would generally increase as the process proceeds through screening to the assessment of alternatives (where relevant for projects on lands before transfer) and the refinement of the project or activity.

Direct and Indirect Effects A project on lands before transfer may give rise to direct or indirect environmental effects. The potential for indirect effects should be considered in conducting more complex project evaluations.

Tangibles and Intangibles Some potential effects are more easily measured and predicted than others. More “subjective” effects such as visual and social effects can often be neglected in favour of those for which “hard” information is more easily obtained. In such circumstances, consideration will be given to public input in assessing the significance of effects.

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2.2.4 Criteria for Assigning Project and Activity Categories The criteria listed in Table 2.2 assist in assigning projects and activities to the appropriate category. Projects and activities must be considered on a case-by-case basis because of the wide variety of potential effects and levels of public interest that can be generated by similar projects and activities in different locations. When assigning projects and activities to categories, the screening process and the rationale for selecting the category will be documented in the project or activity file. The selection of the project or activity category will be made through consideration of the screening criteria and ratings from Table 2.1, as well as the criteria for assigning projects and activities to categories provided in Table 2.2. In some instances one criterion may be sufficient to change the category; in others it may be a combination of several criteria. The assignment of categories should give full consideration to anticipated Aboriginal, stakeholder, agency and public issues.

Table 2.2: Considerations to Assist in Assigning Projects and Activities to Categories Potential Net Effects

- Considerations -

Aboriginal, Public and Agency Concerns - Considerations -

Category A • Low potential for net negative environmental effects usually with a high degree of certainty.

• May be routine. • Effects responsive to appropriate mitigation

techniques.

• Low potential for concern anticipated.

Category B • Low to medium potential for net negative environmental effects, usually with a high degree of certainty.

• Effects responsive to appropriate mitigation techniques.

• Medium potential for some concern anticipated.

Category C • Medium to high potential for net negative effects. • There is some uncertainty associated with

predictions of effects, requiring additional research or evaluation.

• Effects require mitigation techniques tailored to the project or activity.

Potential to reduce negative effects or increase public understanding by examining alternatives (in the case of projects on lands before transfer).

• Concern likely to be high, with potential for adverse reaction, based on experience or previous consultation.

• Consultation and consideration of the proposal and alternatives (in the case of projects on lands before transfer) may reveal appropriate solutions and common understandings.

2.3 Evaluation and Consultation Process for Category B Projects and Activities All information described in the following steps will be placed on a project or activity file, as part of the public record. The process consists of five steps, as illustrated in Figure 2.2 and as described below.

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Step 1: Establish Assessment Parameters This first step involves establishing the parameters of the assessment. Other strategic matters will have been addressed at the negotiation table before specific projects or activities are subjected to this evaluation and consultation process. During this step, the proponent will determine the evaluation and consultation that must be completed. The study area boundaries for the project or activity, as well as methods for evaluating the project or activity will be reviewed.

Step 2: Public Notice A public notice of the project or activity (e.g., newspaper ads, direct mailings) to persons, Aboriginal communities and agencies with a known or potential interest in the proposed project or activity, with an invitation to comment within 30 calendar days. Where public concern is anticipated, other methods of consultation (e.g., public open house) may be used, either as part of the initial consultation or in response to the level of concern generated by the first notice. Note that news releases do not satisfy the notice requirements. An advertisement is required to be published in a newspaper that has circulation within the area of the proposed undertaking. A notice should include the following information:

• a title indicating the project or activity name, and location; • a summary description of the project or activity, and any recommended mitigation

measures (if applicable); • a map or description of the location of the project or activity; • the context of the project or activity (i.e., reference to the claim settlement); • an invitation to provide comments on the proposed project or activity, specifying the

deadline (e.g., the last day of the 30 calendar day period); • a statement that only those persons or agencies that provide comments or those who

request notice will be notified directly of the completion of the project or activity evaluation;

• the name and address, telephone and fax number, and/or e-mail address of a contact person to whom questions or requests for additional information should be directed, and to whom comments must be sent;

• a statement indicating that the project or activity is being assessed in accordance with the requirements of the Algonquin Claim Declaration Order; and,

• a statement of the authority of the Declaration Order under which information is being collected from the public, and of that information’s availability and confidentiality under the Freedom of Information and Protection of Privacy Act.

All notices will be in compliance with French language services requirements.

Step 3: Conduct Project or Activity Evaluation The proponent will consider input received from the public, Aboriginal communities and any agencies in response to the notice and continue the Category B process by documenting the following information in a Project or Activity Evaluation:

• a complete project or activity description; • the study area and existing environmental conditions;

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• potential environmental effects (derived from the screening process, with additional information as required - e.g., archaeological assessment);

• consideration of whether mitigation and monitoring measures should be recommended to the Ontario negotiating team and, if so, a description of these recommendations (see Section 3.2); and

• a description of consultation conducted, issues raised and the proponent’s response to these issues.

The evaluation of the environmental effects and/or issues raised may identify the need for additional information and/or recommendations for mitigation and monitoring measures. Recommendations for mitigation and monitoring measures may be relevant for projects on lands before transfer (see Sections 3.1 and 3.2). The proponent will work with those who may be directly affected to try to resolve any concerns that have been raised.

Step 4: Notice of Completion The proponent will notify individually all persons and agencies that commented or asked to be notified of the completion of the project or activity evaluation and of the report to the Ontario negotiating team. This “Notice of Completion” will include the following information:

• a summary description of the project or activity; • a map or description of the location of the project or activity; • confirmation that the project or activity was evaluated as a Category B and that the

requirements of the consultation and evaluation process for a Category B project or activity have been met;

• an indication of the 30 calendar day period for comments on the proposal; • the name and address, telephone and fax number, and/or e-mail address of a contact

person to whom questions or comments must be directed; • availability of the project or activity file for inspection, its location, and the hours it is

available for review; • a statement indicating that the project or activity is being assessed in accordance with the

requirements of the Algonquin Claim Declaration Order; and • a summary of the report to the Ontario negotiating team (see Step 5).

Step 5: Report to the Ontario Negotiating Team Based on the results of the evaluation and consultation, a report will be forwarded to the Ontario negotiating team by the proponent. The proponent would provide: a statement on the potential for significant environmental effects associated with the project or activity under consideration and the degree to which these environmental effects can be mitigated; a statement of unresolved issues (if any) that have resulted from consultation with agencies and the public; recommendations for appropriate mitigation measures to reduce environmental effects (as required); and recommendations for appropriate monitoring measures (as required). In addition, there may be instances where the proponent may recommend that alternative projects be considered due to the potential for significant environmental effects that can not be reduced to an acceptable level through mitigation, with the project under consideration.

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Figure 2.2: Project Evaluation Processes for Category B and C Projects

Step 1:Establish Assessment Parameters

Step 2:Public Notice

Consider Publicand Agency Input

Step 4:Notice of

Completion

Project or ActivityCategory Change

Request ?

Step 3:Conduct Project

or ActivityEvaluation

Step 1:Establish Assessment Parameters

Step 2:Prepare Draft

EER

Step 3:Notice of

Opportunity toInspect Draft EER

Step 5:Notice of Completion,

Opportunity to Inspect Final EER

Step 6:Report to OntarioNegotiating Team

Consider Publicand Agency Input

Category B Projects and Activities Category C Projects and Activities

N.B. Thisfigure mustbe read in

conjunctionwith the text.

SignificantConcerns:Proponent

ReconsidersProject orActivity

Category

Project orActivity

CategoryChange

Provision (Section 2.5)

Yes

No

Step 4:Complete Final

EER

OptionalConsultation

- Revise EER +Issue AnotherPublic Notice

- Consider Input

Step 5:Report to OntarioNegotiating Team

ResolveIssues andConcerns

ResolveIssues andConcerns

ResolveIssues andConcerns

Yes

Yes

No

Note: EER = Environmental Evaluation Report Refer to Section 2.4 - Step 2

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In addition, a Statement of Completion form, indicating that the evaluation was undertaken in accordance with the provisions of the Declaration Order, will be completed and submitted to the Director of Environmental Assessment and Approvals Branch and the appropriate Regional Director at the Ministry of the Environment for their records.

2.4 Evaluation and Consultation Process for Category C Projects and Activities The requirements set out below are a minimum. All information described in the following steps will be placed on a project or activity file, as part of the public record. The records of any recommended monitoring to be implemented through the settlement agreement will also be placed on the project or activity file. The process consists of six steps, as illustrated in Figure 2.2.

Step 1: Establish Assessment Parameters This first step involves establishing the parameters of the assessment. The scope of the assessment will focus on environmental issues, as per the definition of environment in the Environmental Assessment Act. Other strategic matters will have been addressed at the negotiation table before specific projects or activities are subjected to this evaluation and consultation process. During this step, the proponent will determine the evaluation and consultation that must be completed. The study area boundaries for the project or activity, as well as methods for evaluating the project or activity will be reviewed.

Step 2: Prepare Draft Environmental Evaluation Report (EER) The proponent will prepare a Draft Environmental Evaluation Report (EER), the level of detail of which will vary depending on the complexity of the project or activity, its environmental effects, and the anticipated level of public and/or agency concern. The Draft EER will include:

Preparation of Project or Activity Description

A description of the proposed project or activity will be prepared. The project or activity category which was assigned through the screening process (Section 2.2) will be noted in the project or activity description.

Project Alternatives (if applicable)

Alternatives could be considered for projects on lands before transfer. Projects on lands before transfer are those specific proposed physical works which have been conditionally agreed upon by the provincial government in concert with Canada and the Algonquins as part of the proposed settlement agreement, and which would be initiated prior to the transfer of such lands to the Algonquins. An example of a project of this type might be the construction of an access road. Once the proposed project and its alternatives have been identified, a preliminary evaluation of the cost-effectiveness, potential environmental effects and feasibility of each alternative should be completed.

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Description of Study Area The geographical study area for the project or activity will be described and mapped considering such factors as: existing land use; infrastructure; natural and cultural heritage features; and administrative, technical and ecological boundaries.

Evaluation of Alternatives and Selection of Preferred Alternative (if applicable)

Where alternatives have been identified for projects on lands before transfer, an environmental analysis will be completed for each. The potential environmental effects and recommendations for mitigation and monitoring measures will be identified. The environmental analysis is carried out using the environmental screening criteria provided in Table 2.1. Using the screening criteria, an environmental analysis summary will be prepared for each alternative (if applicable), which will include the following information:

• an identification of the environmental effects and their estimated significance; • recommended mitigation and monitoring measures; and • an estimation of the cost and feasibility of carrying out each alternative.

Each alternative will be evaluated and compared based on the above considerations, and the summary will clearly identify the basis for recommending the preferred project to be presented for public review, including a conceptual site plan where appropriate. Appendices to the Draft EER could include:

• documentation of the screening evaluation; and • additional summaries or details of the environmental evaluations conducted and their

findings.

Step 3: Notice of Opportunity to Inspect the Draft Environmental Evaluation Report (EER)

This step consists of a notification (e.g., newspaper ad, direct mailing) to persons, Aboriginal communities and agencies with a known or a potential interest in the proposed project or activity, including the Ministry of the Environment Regional Offices, with an invitation to comment on the Draft EER within 30 calendar days. Note that news releases do not satisfy the notice requirements.

A notice should include the following information:

• a title indicating the project or activity name and location; • a summary description of the project or activity and alternatives (if applicable) and any

recommended mitigation and monitoring measures; • a map or description of the location of the project or activity and alternatives (if

applicable) and the study area; • the context of the project or activity (i.e., reference to the claim settlement); • an invitation to provide comments on the Draft EER within 30 calendar days, specifying

the deadline; • an invitation to any additional consultation event(s) associated with the project or activity

(if planned), giving the date, time and location;

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• the name and address, telephone and fax number, and/or e-mail address of a contact person to whom questions and requests for information should be directed, and comments or requests to be added to the mailing list must be sent;

• a statement indicating that the project or activity is being assessed in accordance with the requirements of the Algonquin Claim Declaration Order; and

• a statement of the authority of the Declaration Order under which information is being collected from the public, and of that information’s availability and confidentiality under the Freedom of Information and Protection of Privacy Act.

All notices will be in compliance with French language services requirements. The comment period will be 30 calendar days, and may be extended by the proponent for more significant projects or activities or to accommodate a high level of public interest. The proponent may also provide supplementary information that would be referred to in the notice and made available on request, and may send it with the notice to interested parties. This may include:

• more detailed information about the project or activity, the environment affected and current knowledge about potential effects;

• proposed criteria for the evaluation of the project or activity and any alternatives (if applicable);

• a project or activity schedule, including an outline of additional proposed consultation; and

• a questionnaire or comment sheet. The evaluation of the environmental effects and/or issues raised may identify the need for additional information and/or for the consideration of recommendations for mitigation and/or monitoring measures. Where comments are received, the proponent will work with those who may be directly affected to try to resolve the concerns.

Option - Additional Public/Agency Consultation

Where there is greater uncertainty or when public concern arises about a specific project or activity, additional opportunities for public and external agency involvement may be necessary. Additional opportunities for external involvement may be appropriate to further refine the project or activity proposal, to elaborate on potential environmental effects, to identify effects on external interests, or to clarify the project or activity proposal. Additional external communication can occur at this stage and may be undertaken as outlined in Step 3. If public or agency concern still exists, other means of consultation (e.g., public open house) could be employed.

Step 4: Complete Final Environmental Evaluation Report (EER) Public, Aboriginal community and agency comments received will be considered in refining the Draft EER and in formulating a report to the Ontario negotiating team (see Step 6). The required contents of the Final EER are the same as for the Draft, with the addition of the following:

• a complete project or activity description; • a map outlining the location and layout of the project or activity;

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• diagrams outlining the basic design characteristics of each component of the project (where appropriate);

• a description of anticipated project phases such as construction, operation, maintenance and abandonment in terms of where and how these activities would be carried out, including a recommended timetable for each component, and the environmental effects which could reasonably be expected to be generated by each phase (if applicable);

• a description of consultation conducted and issues raised, the proponent’s response to these issues, and any changes made to the proposed project (if any) in response to public or agency input;

• a list of all the mitigation measures and conditions (if applicable) recommended for consideration by the Ontario negotiating team; and

• an outline of the monitoring procedures (if applicable) recommended for consideration by the Ontario negotiating team.

Step 5: Notice of Completion, Opportunity to Inspect the Final Environmental Evaluation Report (EER)

This step consists of a notification (e.g., newspaper ad, direct mailing) to persons, agencies or parties with a known interest in the proposed project or activity. The proponent will contact the Ministry of the Environment Regional Office to determine whether the Regional Office would like to receive a copy of the EER, or whether a copy of the Notice of Completion will suffice. The Final EER will also be provided to others who request it. This notice will include:

• a summary description of the project or activity; • a map or description of the location of the project or activity; • confirmation that the project or activity was undertaken as a Category C and that the

Final EER was completed in accordance with the evaluation and consultation process for a Category C project or activity;

• an indication of a 30 calendar day period for comments; • the name and address, telephone and fax number, and/or e-mail address of a contact

person to whom questions or requests for a more complete project or activity description must be directed, and comments must be sent;

• a statement indicating that the project or activity is being assessed in accordance with the requirements of the Algonquin Claim Declaration Order;

• a location where the Final EER may be viewed; and • a summary of the report to the Ontario Negotiation team (see Step 6).

Where the project or activity is complex or there is a high level of concern, additional consultation or notices may be conducted in connection with the Final EER. The proponent will work with those who may be directly affected to try to resolve any concerns that have been raised through the review of the EER.

Step 6: Report to the Ontario Negotiating Team Based on the results of the evaluation and consultation, a report will be forwarded to the Ontario negotiating team by the proponent. The proponent would provide: a statement on the potential for significant environmental effects associated with the project or activity under consideration and the degree to which these environmental effects can be mitigated; a statement of unresolved issues (if any) that have resulted from consultation with agencies and the public; recommendations for appropriate mitigation measures to reduce environmental effects (as

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required); and recommendations for appropriate monitoring measures (as required). In addition, there may be instances where the proponent may recommend that alternative projects be considered due to the potential for significant environmental effects that can not be reduced to an acceptable level through mitigation, with the project under consideration.

In addition, a Statement of Completion form, indicating that the evaluation was undertaken in accordance with the requirements of the Declaration Order, will be completed and submitted to the Director of the Environmental Assessment and Approvals Branch and the appropriate Regional Director at Ministry of the Environment for their records.

2.5 Provisions for Changes to Project and Activity Categories

2.5.1 Project and Activity Category Change Requests In some circumstances, members of the public or agencies may consider that a project or activity is not receiving adequate consideration in the evaluation and consultation process or they have outstanding concerns about the project or activity that have not been addressed. Where a person has concerns with a project or activity, their concerns should be brought to the attention of the proponent as early in the process as possible so that these concerns can be resolved, if possible, before substantial time and resources have been committed. The concerns should be provided to the proponent in writing and discussed with relevant proponent staff. If such concerns are not resolved, the concerned person can ask the proponent to voluntarily change the project or activity category so that a different level of assessment would be required. The proponent may volunteer to reassign or change the project or activity category (i.e., change a Category B project or activity to a Category C project or activity). This project or activity category change request would be made either before or during the 30 calendar day review period (i.e., following the Notice of Completion). Ideally, project or activity category change requests would be submitted to the proponent early in the evaluation and consultation process. This provides an opportunity for the proponent to address and resolve issues and concerns, or voluntarily change the project or activity category. The proponent may volunteer to reassign the project or activity to a Category C if it is a Category B project or activity, or may decide to continue with its evaluation and consultation process under the category originally assigned. The proponent will notify the person requesting the project or activity category change request of their decision.

2.5.2 Reconsideration of the Project or Activity Category by the Proponent There may be instances where the proponent may reconsider the assigned project or activity category once further information on potential environmental effects is available. This reconsideration of the project or activity category would occur during Step 3 for Category B projects or activities (Step 3 deals with conducting a project or activity evaluation).

2.6 Modifications to Project Evaluations and Environmental Evaluation Reports The proponent may wish to modify a Category B or C project after filing the Notice of Completion. In these cases, the proponent will review the proposed modification against the screening criteria in Table 2.1. Where there would be no change in negative environmental effects or level of public or agency concern, the modification would be considered minor. Where

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there would be a change in potential negative environmental effects or level of public and / or agency concern, the modification would be considered major and the proponent will undertake additional evaluation. The results of this additional evaluation shall be documented in a revised Project Evaluation or a revised EER. A Revised Notice of Completion will be posted in a local newspaper (if posted as part of the original public notice proposal), and mailed to all who earlier expressed interest in the project or activity. The Revised Notice of Completion will describe the proposed change, the reasons for the change, any changes to the predicted environmental effects, the location where the Revised Project File or EER can be reviewed, along with a contact name. The response period for this notice will be a minimum of 30 calendar days. It will provide contact information and information regarding the opportunity to submit a project or activity category change request. Other consultation activities may be initiated to resolve issues raised by the public.

2.7 Minor Amendments Minor amendments may be made to the process to include administrative corrections, clarifications or minor updates that do not affect the intent or substance of the Declaration Order. Consistent with its coordination role, the Ministry of Aboriginal Affairs will consult with the Director of the Environmental Assessment and Approvals Branch regarding minor amendments. Substantive amendments will require a formal amendment to the Declaration Order. 3.0 Typical Mitigation and Monitoring Measures

3.1 Mitigation The process described in Section 2.0 is intended to identify potential adverse environmental effects and where feasible, avoid them. Where avoidance is not feasible, mitigation measures to reduce or minimize these effects will be recommended. Mitigation is intended to eliminate, offset or reduce to an acceptable level the potential negative effects of a project. Due to the nature of the undertaking, the implementation of mitigation measures will likely be most relevant to projects on lands before transfer. For projects before transfer, the approach to be employed will involve identifying negative environmental effects of projects and avoiding them where possible. This may involve changing the design of the project so that further mitigation measures are not required. In cases where negative effects cannot be avoided, mitigation measures are recommended to minimize or offset these effects. All recommended mitigation measures should be clearly documented.

3.2.1 Typical Mitigation Measures Typical mitigation measures that may be relevant for projects include: • noise and dust control measures to minimize disruption to adjacent residents; • sediment and erosion control measures to avoid surface water sedimentation; • the use of buffers and setbacks to avoid disturbance to wooded areas and water crossings; • seasonal constraints on construction to avoid spawning periods for fish; • timing restrictions to avoid disruption to other users (e.g., canoeists, cottage owners, hunters)

or species (e.g., breeding periods of birds); • stripping and stockpiling topsoil separate from subsoil;

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• avoidance or documentation and removal (excavation) of archaeological or cultural heritage features;

• planting of vegetation to replace vegetation that had to be removed; and • notification to adjacent owners of construction scheduling.

3.3 Monitoring For projects on lands before transfer, monitoring recommendations will be developed on a project-specific basis, as the proponent considers appropriate. Where monitoring is recommended, a monitoring and follow-up program should be described, giving consideration to the following: • Purpose: why the monitoring is being recommended (objectives) and the potential effects; • Acceptable Outcomes: the predicted effects to be monitored, and the range of acceptable

outcomes; • Monitoring Methods: the protocols to be used (e.g., techniques, equipment, indicators,

measurements, duration, frequency, etc.); • Results: a description and assessment of the results with respect to the acceptable outcomes; • Remedial Action: additional actions that may be required to mitigate a problem; and • Reporting: a description of when and how reporting will be completed, including

adjustments to projects arising from the results of monitoring. The relevant Conservation Authority should be consulted as the proponent designs a monitoring program for a specific project or activity. In cases where monitoring recommendations are implemented, monitoring records will be maintained in the project file. As noted in Sections 2.3 and 2.4, all information describing the evaluation and consultation processes undertaken for Category B and C projects will be placed in a project file.

3.4 Other Approvals Once the process is completed, other approvals under other statutes and regulations will be required. In particular, projects or activities subject to this Declaration Order may also be subject to the requirements of the Canadian Environmental Assessment Act. In those cases where the provisions of both this Declaration Order and of Canadian Environmental Assessment Act apply to a project or activity, the assessment of those projects and activities may be coordinated. Coordination shall occur when initiated by the proponent and shall be undertaken in a manner deemed appropriate by the proponent.