4.0 ENVIRONMENT DESCRIPTION This chapter of the environmental assessment report provides a description of the existing environmental setting for the proposed P7a All-Season Road linking Pauingassi and Little Grand Rapids First Nations to Little Grand Rapids Airport. The environment description includes regulatory and ecological context, and biophysical, socio-economic and Aboriginal components of the environment. Information on the existing environment is described to facilitate the identification and assessment of potential environmental effects, and the subsequent mitigation of adverse effects. 4.1 Regulatory and Policy Context 4.1.1 Legislation 4.1.1.1 Manitoba The proposed P7a All-Season Road Project is a Class 2 development under the Classes of Development Regulation and requires an Environment Act Licence for a two lane road at a new location including associated facilities and borrow pits. The construction, operation and maintenance of the proposed P7a All-Season Road Project including its project components (road, bridge crossings; culvert stream crossings and equalization culverts; quarry and borrow areas; temporary bridge crossings, temporary access roads and trails; and temporary construction camps and staging areas) is subject to all applicable provincial legislation, guidelines, codes and standards including the following acts and regulations: The Contaminated Sites Remediation Act o Contaminated Sites Remediation Regulation The Crown Lands Act o Crown Lands Fees Regulation o Vehicle Use on Crown Lands Resource Roads Regulation The Dangerous Goods Handling and Transportation Act o Dangerous Goods Handling and Transportation Regulation o Environmental Accident Reporting Regulation o Generator Registration and Carrier Licensing Regulation o Storage and Handling of Petroleum Products and Allied Petroleum Products Regulation The Drinking Water Safety Act o Drinking Water Quality Standards Regulation o Drinking Water Safety Regulation The East Side Traditional Lands and Special Protected Areas Act o Asatiwisipe Aki Traditional Use Planning Area Regulation Environmental Assessment Report for the Proposed All Season Road Linking Pauingassi First Nation and Little Grand Rapids First Nation to the Little Grand Rapids Airport (ProjectP7a) 4-1 o East Side Traditional Lands Planning and Special Protected Areas Regulation o Little Grand Rapids First Nation Traditional Use Planning Area Regulation o Pauingassi First Nation Traditional Use Planning Area Regulation o Pimitotah Traditional Use Planning Area Regulation The Ecological Reserves Act o Ecological Reserves Designation Regulation The Endangered Species and Ecosystems Act o Threatened, Endangered and Extirpated Species Regulation The Environment Act o Classes of Development Regulation o Licensing Procedures Regulation o Litter Regulation o Pesticides Regulation o Waste Disposal Grounds Regulation The Fisheries Act (Manitoba) The Forest Act o Designation of Provincial Forests Regulation o Forest Use and Management Regulation The Forest Health Protection Act o Forest Health Protection Regulation The Heritage Resources Act o Heritage Objects Designation Regulation o Heritage Resources Forms Regulation o Heritage Sites Designation Regulation The Highways and Transportation Act o Construction and Surface Maintenance of Access Crossings to Departmental Roads Regulation o Declaration of Provincial Roads (Access Roads) Regulation o Declaration of Provincial Roads Regulation o Highways and Transportation Department Contracts Regulation o Highways and Transportation Department Permit Application Fees Regulation The Hunting, Fishing and Trapping Heritage Act The Manitoba Hydro Act The Manitoba Floodway and East Side Road Authority Act o East Side Road Regulation The Manitoba Habitat Heritage Act Environmental Assessment Report for the Proposed All Season Road Linking Pauingassi First Nation and Little Grand Rapids First Nation to the Little Grand Rapids Airport (ProjectP7a) 4-2 The Mines and Minerals Act o Drilling Regulation, 1992 o Quarry Minerals Regulation, 1992 The Noxious Weeds Act o Noxious Weeds Regulation The Off-Road Vehicles Act The Provincial Parks Act o Atikaki Provincial Park Regulation The Planning Act o Provincial Planning Regulation The Plant Pests and Diseases Act The Public Health Act o Collection and Disposal of Wastes Regulation o Dwellings and Buildings Regulation o Health Hazards Regulation o Protection of Water Sources Regulation o Sanitary Areas Regulation o Water Supplies Regulation o Water Works, Sewerage and Sewage Disposal Regulation The Surface Rights Act The Water Protection Act o Manitoba Water Quality Standards, Objectives and Guidelines Regulation o Nutrient Management Regulation o Phosphorus Reduction Regulation The Wildfires Act o Burning Permit Areas Regulation The Wildlife Act o General Hunting Regulation o Hunting Areas and Zones Regulation o Hunting Seasons and Bag Limits Regulation o Managed Hunting Areas Regulation o Moose Conservation Closure Regulation o Trapping Areas and Zones Regulation o Trapping of Wild Animals Regulation o Wildlife Protection Regulation o Woodland Caribou Protection Regulation Environmental Assessment Report for the Proposed All Season Road Linking Pauingassi First Nation and Little Grand Rapids First Nation to the Little Grand Rapids Airport (ProjectP7a) 4-3 The Workplace Safety and Health Act o Workplace Safety and Heath Regulation Provincial work permits required under The Crown Lands Act for road construction, quarry development and camp development on provincial Crown lands will be sought prior to construction of the proposed P7a All-Season Road. Casual quarry permits required under Subsection 133(1) of The Mines and Minerals Act will be sought prior to any quarry development. Burning Permits required under Section 19(1) of The Wildfires Act will be sought as needed. Permits for petroleum storage tanks over 5,000 L on Crown land are required under The Dangerous Goods Handling and Transportation Act (Storage and Handling of Petroleum Products and Allied Products Regulation). 4.1.1.2 Canada The proposed P7a All-Season Road Project is subject to the following Canadian acts: Canadian Environmental Assessment Act, 2012 Canadian Environmental Protection Act, 1999 Explosives Act Fisheries Act Navigation Protection Act Migratory Birds Convention Act, 1994 Species at Risk Act The proposed 38.1 km P7a All-Season Road Project does not require an environmental assessment under the Canadian Environmental Assessment Act, 2012. However, the construction and operation and maintenance of the Community Access Roads on Pauingassi and Little Grand Rapids Reserve lands are subject to a federal environmental assessment. Under Section 67 of the Canadian Environmental Assessment Act, 2012, Aboriginal Affairs and Northern Development Canada is required to ensure that projects on reserve lands and/or funded by this department do not have adverse environmental effects. Separate environmental assessment reports will be prepared for the Community Access Roads on Pauingassi and Little Grand Rapids Reserve land. ESRA will work with Aboriginal Affairs and Northern Development Canada in the submission of the required documentation. 4.1.2 Other Approvals and Status Canadian Environmental Assessment Act, 2012 Under S.67 of the Canadian Environmental Assessment Act, 2012, Aboriginal Affairs and Northern Development Canada is required to ensure that projects on reserve lands and/or funded by this department do not have adverse environmental effects. Environmental assessment reports will be prepared for the Community Access Roads on Pauingassi and Little Grand Rapids Reserve land. Environmental Assessment Report for the Proposed All Season Road Linking Pauingassi First Nation and Little Grand Rapids First Nation to the Little Grand Rapids Airport (ProjectP7a) 4-4 Navigation Protection Act On April 1, 2014 the Navigable Waters Protection Act was replaced by the Navigation Protection Act. ESRA will apply for the assessment and potential approval of proposed works on non- scheduled watercourses including an unnamed channel between Family and Fishing lakes and Root Creek between Root Lake and Douglas Lake under the ‘opt-in’ provision of the new act. Migratory Birds Convention Act, 2004 ESRA will ensure that provisions of the Migratory Birds Convention Act, 2014 are adhered to as part of the environmental assessment carried out on the proposed P7a All-Season Road Project. Any measures required to mitigate the effects of the proposed project on migratory birds will be implemented as part of ESRA environmental protection measures. Indian Act The community Access Roads on Pauingassi and Little Grand Rapids Reserve lands will require construction permits under Section 28(2) of the Indian Act. Separate environmental assessment reports will be prepared for these access roads under the Canadian Environmental Assessment Act, 2012 in accordance with Aboriginal Affairs and Northern Development Canada procedures. Fisheries Act Authorizations under the Fisheries Act may be sought for the two major waterways containing indicator species: the channel between Family and Fishing lakes and Root Creek, a tributary located east of Root Lake. These two waterway contain indicator species, however, under recent changes to the Fisheries Act, works at these two major waterways are not expected to cause serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery. ESRA