Notice of Determination

 

February 2, 2026 - Indigenous Services Canada has determined that the proposed Pelican Narrows Lagoon Expansion project is not likely to cause significant adverse environmental effects.

 

The determination was based on a consideration of the following factors:

- the Peter Ballantyne Cree Nation has authorized the development by Band Council Resolution, and its membership will benefit from the project

- no comments were received from the public about the project

- mitigation measures are required for the project

 

Implementation of the following mitigation measures is required for the project:

1. The project shall proceed in the manner described in the ISC Project Description form, dated October 14, 2025 and other supporting documents. The Proponent will immediately notify ISC of any changes to the proposed project for approval.
2. Relevant permits and approvals will be obtained before undertaking any work. It is the Proponent's responsibility to meet all applicable federal, provincial and municipal laws and regulations that apply to the proposed project. This Notice of Determination does not apply to ancillary features associated with this development that were not included in the Project Description form.
3. All work will be carried out in accordance with the Migratory Bird Convention Act and applicable regulations.
   1. Vegetation clearing will take place outside of the spring and summer months to the maximum extent feasible to avoid disturbance to breeding birds and other spring breeding wildlife species. The breeding bird nesting season for this ‘Zone C6' area is April 25 to August 20. Due to the potential for early and late-nesting species, vegetation clearing should take place after September 5 and before March 18.
   2. Pre-construction nest sweeps will be conducted no more than 7 days prior to the start of construction during the nesting season.
   3. Ahead of clearing activities, a biologist will assess trees for potential Pileated Woodpecker nests protected under the Migratory Birds Regulations of the Migratory Birds Convention Act.
   4. If Pileated Woodpecker nest cavities are present, a Damage or Danger Permit issued by the Canadian Wildlife Service will be required to remove the tree with the nest cavity.
4. A biologist will assess the environmental conditions of the site ahead of clearing activities to detect species of conservation concern and/or species at risk, including bats and caribou.
   1. Endangered bats such as the Little Brown Myotis and Northern Myotis may be present within the project area. Past discussions with federal and provincial biologists advised against clearing activities during the migratory bird nesting period to avoid potential harm to bat species.
   2. This development is located within the range of Boreal Woodland Cariou, listed as Threatened under Schedule 1 of the Species at Risk Act (SARA). During construction activities, monitoring for caribou should be carried out by the selected contractor. Work should be paused should a caribou be spotted within the project site and only allowed to continue construction once the caribou leaves the project site.
5. Erosion and sediment control measures will be implemented to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties and waterways in accordance with federal and provincial standards. 
   1. Erosion and sediment control measures will be inspected and maintained in good repair during construction until permanent vegetation has been established.
   2. Erosion and sediment controls measures will be removed once permanent vegetation has been established and areas disturbed during removal will be restored and stabilized.
6. The contractor must prepare a Pre-Blast Management Plan considering human and environmental health and safety. This plan must include vibration limits, flying debris control, signage, signalling and emergency protocols. 
7. The contractor must have valid blast certificates, explosive licenses and comply with the Transportation of Dangerous Goods.
8. The contractor must use detonators regulated for the blasting work. Hole patterns should be optimized to limit peak particle velocity and blasting mats/curtains should be used to control fly-rock. 
9. The contractor must deter wildlife from the blast site.
10. Blasting must be scheduled outside of peak breeding/nesting/spawning periods to avoid harm to breeding wildlife. 
11. If blasting near water where fish, or wildlife may be present, bubble curtains or air buffer systems must be used to dissipate shock waves.
12. Fire protection, dust control, and spill prevention measures will be established and implemented. Hazardous wastes, including spills, will follow provincial guidelines for disposal and reporting.
13. Construction and demolition waste at the site will be removed as soon as practicable and taken to a certified/approved landfill, sent for recycling, or sold for reuse, where applicable and appropriate.
14. Organic waste from vegetation clearing and grubbing shall be taken to a certified/approved landfill or compost depot, as appropriate.
15. A professional archeologist should be engaged to determine if a pre-construction Heritage Impact Assessment (HRIA) is required prior to grubbing the lagoon site. If a HRIA is required, it must be done when the ground is free of snow and frost.
16. The contractor must stop work if an archaeological item is found on the site.

 

Indigenous Services Canada (ISC) is satisfied that the carrying out of the project is not likely to cause significant adverse environmental effects.