Tag Archives: mnr

Proposed Hydroelectric Generating Station at the Bala Falls

Bala Falls Portage

Posted 8 March 2014

There is a lot at stake in a battle that has gone on for close to a decade.  Through a “Competitive Site Release” in 2004 the Ministry of Natural Resources (MNR) made some Crown land available south of the Bala north falls for the development of a hydro-electric generating station (Bala is north-west of Gravenhurst). The MNR is very motivated to see this happen, as not only would it help fulfill the province’s mandate for additional power generation from renewable energy sources, but MNR staff would also no longer need to adjust stop-logs to regulate water flows and levels, or be responsible for the maintenance and repair of the Bala north and south dams – instead, the proponent would have these responsibilities. Unfortunately, the MNR appears to be so motivated that they have shown little concern for the many negative impacts on fish spawning and other habitat problems that would be created.

In 2005 a proponent was awarded “Applicant of Record” status, and since then has proposed at least three different configurations, all of which would also create major public safety and economic problems.

SaveTheBalaFalls.com, the local cottager association, and the public have therefore been actively engaged both in the process and also in ensuring the appropriate government Ministries, agencies, and politicians are presented with the many outstanding concerns and issues.

One major issue is that the Bala Falls landscape is central to Bala and the surrounding area’s recreation and tourism economy as the falls are very visible and accessible, and are the main focus of visits – including literally bus-loads of tourists in the summer. They come to view the falls, to climb on the rocks, and to play in the usually serene water at the base of the falls. There are also residences within 200 feet, as well as long-time and very popular public in-water recreation that occurs within 50 feet, both upstream and downstream of the proposed generating station and the treacherously turbulent water it would create.

Another major issue is that the proposed project would obstruct a traditional and historic Portage, which is still in use. As a result of a request by the MNR, written historical proof was provided to confirm that this Portage was in use prior to the initial Crown land patent, and Section 65(4) of the Public Lands Act prohibits such obstruction. In May 2013 the MNR unilaterally declared that this land was suddenly too dangerous for the public to access – even though their own 2011 Public Safety Measures Plan for this exact area had no such concerns. We have responded with reasons why this proposed project would still be illegal under the Public Lands Act, and await a response on this complicated topic.

Two years ago, the Ministry of the Environment (MOE) told us that in the ten years the current legislation has been in place, there have been more than 50 requests to elevate different proposed hydro-electric generation proposals to an Individual Environmental Assessment. Such further study is the required first step to having any chance of an Environmental Assessment (EA) approval being denied. But the MOE has denied EVERY ONE of these 50 requests. That is, there has never been a “Part II Order” request for elevation approved. This places the fairness and efficacy of the entire EA process in question.

The current situation for the proposed Bala project is that not only are major approvals still required from all four levels of government, but there are legal challenges as well.

And SaveTheBalaFalls.com and the community will continue to ask; would it be safe, would it be beautiful, and would there be enough water over the falls to continue to draw people to Bala. We still don’t have answers, so we continue to ensure decision-makers know the problems.

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Renewable Energy on Crown Land – Decision Notice

Misema River - Before Hydro Facility

Misema River – Before Hydro Facility

Misema River - Downstream of Hydro Facility

Misema River – Downstream of Hydro Facility

Posted 8 March 2014

On February 10, 2014, the Ministry of Natural Resources released its Renewable Energy on Crown Land Policy.  A decision notice (Registry # 011-6005) has been posted to Ontario’s Environmental Registry  Environmental Registry.  The policy document and a summary of key policy content can be downloaded from the Ministry’s website on the renewable energy policy page.

This replaces the Site Release policy, which was a necessary step in the permitting process for waterpower, onshore wind power and solar power developments when Crown land is involved.  All proposals with current Feed in Tariff (FIT) contracts will still fall under the Site Release policy; however, new FIT proposals and those under the incoming Large Energy Procurement process will fall under the Renewable Energy on Crown Land Policy.  Check out the links above for more details.

Ontario Rivers Alliance made a submission on this EBR posting in October of 2012, and is available below. Continue reading


Lakes and Rivers Improvement Act – MNR Technical Bulletins – EBR 012-0562 – ORA Submission

Wabagishik Rapids, Vermilion River

Excerpt:  “Our intention in commenting on these bulletins is to help ensure that waterpower projects developed under the LRIA are not approved until the effects on the environment and aquatic ecosystems are fully identified, understood, and effectively mitigated.  It is also vital that the public has a mandated role and a voice in these processes.

It is also disturbing that the MNR is considering all responsibility for fish habitat and fish passage as out of scope, and is divesting its interests by way of these bulletins, with no clear MNR role mentioned, to the Department of Oceans and Fisheries (DFO).  This is at a time when the federal government has just announced the signing of a memorandum of understanding between the DFO and the National Energy Board (NEB) to relinquish much of its oversight of fish habitat along pipeline corridors.  This news was quietly released just before Christmas, and only highlights the need for the Ontario government to look after its own interests and not rely on federal protection for any of our crown resources.  Unfortunately many elements of these bulletins do the very opposite.  It is even more disturbing that this deferral was carried out despite the Fish Habitat Compliance and Referral Protocols for Ontario which was approved by government and identifies and enables roles for MNR in the matters of fish habitat and fish passage.

The exercise of reviewing these technical bulletins has been very disturbing to say the least.  It is as though the bulletins were written by the waterpower industry instead of MNR. This series of bulletins reflect an abdication of the MNRs responsibilities under the Lakes and Rivers Improvement Act (LRIA).

It is ORA’s view that this government must continue to play a strong role in ensuring effective mitigation of the impacts of development to meet their strategic directions for sustainable development; and certainly that will be what Ontario taxpayers expect.  It is vital that these bulletins reflect a commitment for inter-governmental cooperation, in a holistic and collaborative way, to ensure there are no gaps in fulfilling all responsibilities and commitments legislated under LRIA.”

Continue reading


American Eel Recovery Strategy – Public Campaign

golbe-american-eel-585-mfk-e1393181425507

This EBR Posting is Now Closed for Comment.  Thank you for your Participation!

Eels are probably not something you would like to cuddle up with, but they are an amazing fish in grave danger of totally disappearing from Ontario rivers.  The American Eel is an endangered species that was once abundant in the upper St. Lawrence River, Ottawa River, and Lake Ontario and their tributaries.

Eels were once so plentiful they were an invaluable source of sustenance to First Nations and early European settlers, and more recently supported thriving commercial and sport fisheries. Continue reading


Coordinated Policy Guidance for Waterpower Projects – EBR 012-0290

MOECC Decision Notice – 5 October 2016:  Following the posting of the Proposal Notice on the Environmental Registry, the Ministry decided not to move forward with Coordinated Policy Guidance for Waterpower Projects after considering EBR comments and having discussions both internally and with stakeholders. MOECC continues to look for ways to modernize and improve approvals and permitting for Waterpower Projects in a way that is fully protective of human health and the environment.

MOECC Proposal:  The proposed Coordinated Policy Guidance for Waterpower Projects has been developed by MNR and MOE to clarify roles and responsibilities. The proposed Guidance document provides clarification of Ministry specific roles and responsibilities for waterpower projects, in reviewing and issuing authorizations. This proposed policy guidance does not alter the powers or duties of either ministry in their administration of any Act or regulation.   Ontario Rivers Alliance and Robert MacGregor made the following submissions on this posting: Continue reading


Surging Sturgeon Success Story – by Laurent Robichaud, Friends of Grassy River

Below is a presentation made to the Ontario Rivers Alliance at their Annual General Meeting on 23 November 2013.  Check out the notes below as well.

Download (PDF, 6.59MB)

This document is a collection of events and recent developments related to the re-introduction of Lake Sturgeon in the Upper Reach of the Mattagami River near Timmins Ontario.

It was back in 2002 that the Ontario Ministry of Natural Resources approached Club Navigateur La Ronde and the Timmins Fur Council to be partners on a project to re-establish lake sturgeon population in the upper reach of the Mattagami River near Timmins Ontario. In the Lands and Forest archives of the early 1900s were records of sturgeon spawning activity observed at Wawaitin Falls by a conservation officer of those early years of the Porcupine mining camp. Log drives, dam construction and subsequent operation combined with fisheries led to population drops to unsustainable levels. Continue reading


EBR 011-7696 – Proposed Approaches to the Implementation of the Endangered Species Act – Nottawasaga Steelheaders

February 25th , 2013

Krista Adams
Senior Permits & Agreements Specialist
Ministry of Natural Resources
Policy Division
Species at Risk Branch
Permits and Agreements Section
300 Water Street , Floor 2
Peterborough Ontario  K9J8M5
Phone: (416) 326-1672
Fax: (705) 755-5483

Dear Ms Adams:

Re: EBR-011-7696 Proposed Approaches to the Implementation of the Endangered Species Act

The Nottawasaga Steelheaders is a volunteer group of anglers, conservationists and concerned residents who have been working in concert with The Nottawasaga Valley Conservation Authority, Ministry of Natural Resources and various communities to improve, rehabilitate and preserve the integrity of the Nottawasaga River watershed over the past twenty years years. Over this time we have committed tens of thousands of man-hours and hundreds of thousands of dollar in many beneficial programs. These have included the removable of numerous barriers to fish migration, undertaken countless garbage pick-ups, tree plantings, stream bank stabilizations, cold water delivery projects, spawning ground improvements and commitments to ensure the survival of wild species in this watershed such wild steelhead. Our organization was the first of its kind to undertake a comprehensive study to make uncover the genetic diversity of migratory rainbow trout (Oncorhynchus mykiss). Eighteen (18) distinct strains were found, each with its own set of co-adaptive gene complexes established over a hundred years. Recent studies including those at the University of Western Ontario have determined that that 35-40% of migratory Chinook salmon are of Nottawasaga River origin! This speaks highly of complex and delicate interdependent biodiversity which has taken hundreds if not thousands of years to establish in this watershed. This biodiversity and its interdependence in this watershed and across Ontario is something we know little about and should not be putting at risk with hasty decisions and without the input of Ontarians. It is OUR province with OUR resources and WE are responsible…not a few. Continue reading


EBR 011-7696 – Proposed Approaches to the Implementation of the Endangered Species Act – ORA Comments

Excerpt:

“While there are some good recommendations in these proposed amendments to the Endangered Species Act (ESA), many are worded in language that is far too vague and open-ended, and others are simply unacceptable. ORA is very concerned that this will significantly weaken the hard-fought protection already afforded to our species at risk and their habitats, and is inconsistent with the ESA.  Further, many of the proposed approaches appear to be in violation of the EBR in that there is no provision for public and First Nation consultation or transparency.

MNR’s Mission and Promise to Ontarians:

MNR’s Statement of Environmental Values (SEV) and strategic direction ensure sustainable development, protect and restore biodiversity, and must be the guiding principles in all decisions with regard to streamlining, modernization and economic development.  The values set out in the SEV must be adhered to in the contemplation of any existing or planned activities where endangered species or habitat protection is in question.  The SEV clearly states, “The Ministry’s mission is to manage Ontario’s natural resources in an ecologically sustainable way to ensure that they are available for the enjoyment and use of future generations.  The Ministry is committed to the conservation of biodiversity and the use of natural resources in a sustainable manner.”

Streamlining and modernization of the Ministry of Natural Resources (MNR) is a good idea, but only if environmental, ecological, and species at risk protection is not threatened or diminished.  All the streamlining, modernization and framework EBR postings preceding this one promised to uphold environmental and ecological values; however, this posting demonstrates that this promise is not being kept. This proposal clearly reflects a development at all costs approach taken by this administration.” Continue reading



EBR 011-7696 – Proposed changes to the Endangered Species Act – FRDA to MNR

FRENCH RIVER DELTA ASSOCIATION
857 Hartley Bay Road
RR 2 Site 10 Comp 4
Alban, Ontario P0M 1A0

January 18, 2013

Krista Adams
Senior Permits & Agreements Specialist
Ministry of Natural Resources, Policy Division
Species at Risk Branch
Permits and Agreements Section
300 Water Street, Floor 2
Peterborough, Ontario
K9J 8M5

Dear Ms. Adams:

Re: EBR Registry Number: 011-7696, Proposed approaches to the implementation of the Endangered Species Act which could include regulatory amendments to authorize activities to occur subject to conditions set out in regulation consistent with MNR’s Modernization of Approvals

The proposed regulatory changes contained in EBR 011-7696 are vague and will not meet MNR’s responsibility to endangered species and their habitat maintenance and protection.
While the ambiguity of this MNR and provincial cabinet’s proposal will serve MNR’s and cabinet’s partners in the mining, energy, forestry, and aggregate industries, it will not meet the primary purpose of the Endangered Species Act which is to protect endangered and threatened species and their habitats required for survival.

It is intriguing to note that the spring 2012 budget proposed amendments to the Endangered Species Act. These proposed exemptions – circumvention of permitting requirements, and removal of deadlines for recovery planning – faced serious public opposition and the budget amendments to the ESA were dropped. To now reposition the budget amendments as regulatory changes, which require only cabinet approval, is irresponsible, misleading and shows the continuing disrespect that cabinet and the MNR have towards the public, and as importantly, endangered species and their habitats. Continue reading