Barriers to Protecting Ecological Integrity: The Wolf Lake Area
Main article: Protected Areas: Nature Must Come First
In 1990, MNR commissioned a life science resource assessment of five areas in Ontario, including the Wolf Lake area, which lies approximately 50 kilometres northeast of Sudbury. The report concluded that “the Wolf Lake site is unique, in relation to the other five areas assessed, given its contiguous stands of mature red pine, its fire history, and its viewscapes.” MNR states that this area “may be the largest remaining contiguous old growth red pine dominated forest in North America.” Old growth forests help maintain biodiversity, provide critical habitat, and maintain important ecological processes.
In 1999, Ontario’s Living Legacy (OLL) Land Use Strategy recommended the establishment of Chiniguchi Provincial Park in the Wolf Lake area. It was later determined that Chiniguchi Provincial Park overlapped with mining claims. Lands within this proposed park that overlapped with existing mining lands were subsequently designated as three forest reserves, one of which is Wolf Lake Old Growth Forest Reserve (2,386 hectares). Under this designation, new mineral exploration and mining are allowed, while commercial timber harvesting and new hydroelectric power development are not.
Shortly after the Wolf Lake Old Growth Forest Reserve was created in 1999, a large portion of the claims within the reserve lapsed and these lands (totalling 1,773 hectares) were withdrawn and regulated as part of Chiniguchi Provincial Park. However, some active mining claims and leases still exist today within the original proposed park boundaries.
In 2002, MNDM and MNR committed to considering options for mining lands within OLL forest reserves. This process is known as “mining disentanglement.” In May 2005, MNR proposed removing the forest reserve designation of Wolf Lake Old Growth Forest Reserve, re-designating the area to a general use area or enhanced management area, and seeking replacement areas.
In January 2008, members of the public filed an EBR application that requested that MNR regulate the Wolf Lake Old Growth Forest Reserve as a protected area or find a comparable contiguous area of red pine old growth in the immediate area. They stated that the site’s “international significance as the largest contiguous red pine old growth – arguably in the world – dictates that the province must do everything in its power to remove the threat of mining activity from it and regulate it as a protected area.”
MNR denied this EBR application, stating that it already plans to seek potential replacement lands for protection. The ministry also stated that it recognizes the old growth value of the site and will instill appropriate conservation measures irrespective of the land use designation given. MNDM also denied this EBR application, stating that the applicants’ request falls outside the ministry’s mandate.
Neither MNR nor MNDM gave any reason why the forest reserve lands cannot be withdrawn and regulated as part of Chiniguchi Provincial Park if the mining claims lapse and leases expire. Rather, the ministries only stated that “[t]he government, led by MNR, continues to look for solutions to minimize potential land use conflicts, and considers existing established land uses when examining candidate protected areas.” In March 2009, MNDM informed the ECO that there are no provisions under the Mining Act to rescind an existing mining lease that is in good standing.
ECO Comment
The ECO believes that the government’s failure to protect the Wolf Lake area, as it committed to in the 1990s, illustrates a serious policy flaw. The government should have the ability to rectify a mistake that has clear ecological consequences. MNR and MNDM should be capable of protecting an area that contains one of the largest, if not the largest, known contiguous red pine old growth forest in North America. The ECO believes that MNDM should offer reasonable settlement to individuals holding conflicting claims or leases so that the lands can be withdrawn and regulated as protected areas.
For a more detailed review of this application, see Section 5.4.2 of the Supplement to this Annual Report.
| Recommendation 8:
The ECO recommends that MNR and MNDM develop regulatory mechanisms and policies to allow lands to be protected in cases where environmentally significant sites and mining claims conflict. |
| This is an article from the 2008/09 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article:
Environmental Commissioner of Ontario. 2009. "Protected Areas: Nature Must Come First." Building Resilience, ECO Annual Report, 2008-09. Toronto, ON : Environmental Commissioner of Ontario. 59-61.
