Interim Water System Upgrades and Extension on Neskantaga First Nation

Notice of Determination

June 19, 2026 – Indigenous Services Canada issued its notice of determination (https://www.iaac-aeic.gc.ca/050/evaluations/document/166910) and determined that the project is not likely to cause significant adverse environmental effects.

This determination was based on the following factors:

• There will be positive impacts on the rights of Indigenous peoples associated with the construction of these new homes that helps address Neskantaga First Nation's issues with their water systems and accommodate their water supply needs while waiting for a new water treatment plant.
• Multiple community consultation sessions were held at the community center in NFN to consult with residents regarding proposed development areas. Residents noted sweat lodge locations, historical migratory paths and highlighted concerns about the potential for unknown grave sites. Based on this feedback Stage 1 and Stage 2 Archeological Assessments were completed. The Assessments did not identify any archaeologically significant findings in the proposed development area and the Community provided approval to advance the water system upgrades and servicing extension.
• No comments were received by the public.
• During construction activities, mitigation measures to ensure the protection of the environment, and safety of members of the community will be implemented. Mitigation measures proposed for the project have been prepared and reviewed by ISC.

Implementation of mitigation measures is required and have been provided for the project to address the following:

Surface Water/Hydrology & Soils and Sedimentation

Adverse effect(s) requiring mitigation:

• Potential to encounter contaminated materials during excavation. 
• Potential for localized environmental impacts as a result of spills.
• Soil Erosion and compaction.
• Wetland areas may possibly result from excessive run-off.

Proposed mitigations are as follows:

The footprint of disturbed area should be minimized as much as possible, for example, vegetated buffers should be left in place, adjacent to watercourses, to the maximum extent possible. Potential impacts can be managed through mitigation measures for land and resource use and recreation. These include implementing effective sedimentation and erosion control plans to protect surface water and aquatic habitat. Implementation of the erosion and sediment control measures should conform to recognized standard specifications such as OPSS 182, 518 and 577). Stockpiled material should be stored at a safe distance from the waterway to ensure that no deleterious substances enter the water. Sediment and erosion control measures (silt fence and rock check dams) should be installed and maintained during the work phase and until the site has been stabilized. Control measures should be inspected to ensure they are functioning and are maintained as required. If control measures are not functioning properly, no further work should occur until the problem is resolved. Any temporary mitigating measures should be installed prior to the commencement of any site clearing, grubbing, and excavation, filling or grading works and should be maintained on a regular basis, prior to and after runoff events.

Should contaminated materials be identified during construction, all activity in the vicinity of the contamination should be suspended, and Chief, Council and ISC Environmental Officer should be notified. All fueling and maintenance equipment should be done at a safe distance from the water to ensure that no deleterious substances enter the waterway. Any refueling of equipment must be >100m from waterbodies, and vegetative buffers should be ≥30m to waterbodies to minimize the potential for erosion and sedimentation.

Siltation fencing should be used where required. The original drainage pattern within the study area should be restored upon completion of work. Existing tree and ground cover surrounding that area will be preserved to the greatest extent possible. Avoid construction during wet conditions. The surface water runoff will be channeled with a minimum of land disturbance and the natural contours of the land 
utilized. 
 
Additional Measures:
If a spill were to occur the Spills Action Centre should be contacted at 1-800-268-6060. Should a spill occur during this project, measures will be taken to stop and contain the spill, and all necessary agencies will be contacted. All activities related to the project should be controlled to prevent the entry of petroleum products, debris, rubble, concrete, silt or other deleterious substance into the water. Waste construction materials must be relocated to an approved disposal site.

Air Quality & Climate

Adverse effect(s) requiring mitigation:

• Increased dust in air from construction activities.

Proposed mitigations are as follows:

Vehicles/machinery and equipment should be in good repair, equipped with emission controls, as applicable, and operated within regulatory requirements. Vehicle idling will be limited during warm months of construction, dust suppression can be achieved by applying water to roads after dry periods, sedimentation fencing provided for construction zones to capture and control sediment for lands while topsoil is removed. Avoid working on extremely windy days and apply water to any access roads on such days.

Noise & Vibration

Adverse effect(s) requiring mitigation:

• Temporary nuisance noise during construction activities.

Proposed mitigations are as follows:

Noise control measures, such as restricted hours of operation (to daylight) and the use of appropriate machinery/mufflers will be implemented where required. Should noise generating activities such as blasting be required during construction, advanced notice will be provided to affected area and nearby residents.

Terrain/Topography & Land Use

Adverse effect(s) requiring mitigation:

• Change in land use and topography as a result of construction activities.

Proposed mitigations are as follows:

Project area will be restored to pre-construction conditions. All drainage ditches and swales shall be graded to minimize the difference between pre and post development conditions.

Vegetations, Wetlands & Wildlife/Habitat

Adverse effect(s) requiring mitigation:

• Loss of vegetation/forest.
• Impacts to wildlife and migratory birds.
• Erosion.

Proposed mitigations are as follows:

Minimize disturbance to existing vegetation. Disturbed areas should be stabilized and re-vegetated upon project completion and restored to a pre-disturbed state. Topsoil should be stockpiled separately and used for restoration to facilitate natural regeneration of native species. 

It is understood that the general nesting period extends from mid-April to late August, with peak nesting activity occurring between mid-May and mid-July. To counter any negative effects, any clearing of vegetation and site preparation will occur before and after these dates. In the event that work must continue during this time period, it is possible to employ other mitigating measures. In accordance with regulatory guidance, any avian or wildlife surveys will be conducted by a qualified environmental professional and must be completed within 7 days of the proposed activity to ensure up-to-date and site-specific information is available for mitigation planning. Additional bird surveying can be completed for species at risk to ensure that preparation activities to do not impact species at risk, should work be necessary during their breeding period. 

Vegetation removal or disturbances by trenching may induce erosion. The maximum area to be exposed at any one time must be limited. When clearing and grubbing, it is important that sheet erosion does not occur on slopes. This can be prevented by clearing but not grubbing, leaving the roots to stabilize the slopes. Delays between land clearance and revegetation will be minimized. Landscaping and sodding will occur in the construction phase as soon as possible. Temporary drainage will be designed to minimize run-off from precipitation.

Cultural/Archaeological Resources

Adverse effect(s) requiring mitigation:

• Unmarked grave (or similar) disturbances.

Proposed mitigations are as follows:

Residents noted sweat lodge locations, historical migratory paths and highlighted concerns about the potential for unknown grave sites. Based on this feedback Stage 1 and Stage 2 Archeological Assessments were completed. The Assessments did not identify any archaeologically significant findings in the proposed development area and the Community provided approval to advance the water system upgrades and servicing extension. Construction will be immediately halted if a grave or archaeological significant finding is made.

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

Therefore, Indigenous Services Canada may carry out the project, exercise any power, perform any duty or function, or provide financial assistance to enable the project to be carried out in whole or in part.