Ontario Introduces The Far North Act, Bill 191
FAR NORTH ACT, BILL 191 SERIOUSLY IMPACTS FIRST NATIONS OF TREATY NO. 9 AND TREATY NO. 5
On June 2, 2009 Minister Cansfield of the Ontario Ministry of Natural Resources (MNR) introduced Bill 191, an Act with respect to land use planning and protection in the Far North (the Far North Act) in the Ontario legislature.
NAN Chiefs Condemn The Far North Act, Bill 191
On July 6, 2009 the NAN Chiefs passed Resolution 09/41 condemning Bill 191. The Chiefs directed the NAN Executive to pursue all appropriate local, legal, political, and international steps to prevent the passage of Bill 191.
The resolution states that NAN is prepared to enter a mutual and respectful dialogue with Ontario on land use planning, without an artificial deadline, on the condition that Bill 191 is withdrawn. The Chiefs have stated in the resolution that if Bill 191 is passed in spite of NAN opposition, NAN First Nations will not recognize the legislation and will move to exercise full and exclusive jurisdiction over their traditional territory. The Chiefs have many concerns about Bill 191 including:
- Bill 191 splits NAN First Nations between the North and South, and recognizes provincial control over the Land Use Planning (LUP) process.
- Bill 191 provides for an interconnected protected area or park of at least 225,000 square kilometres, which is inconsistent with the Treaties and the long-term economic development prospects of NAN.
- Bill 191 violates the Aboriginal and Treaty rights of all NAN First Nations, including the inherent right of self-government.
NAN and Ontario Hold Discussions On Land Use Planning, Mining and Mineral Exploration
Since April 2007 Nishnawbe Aski Nation (NAN) has participated, through Oski-Machiitawin (OM) process, in discussions with Ontario about land use planning and mining, including changes to the Mining Act. The province agreed to let NAN representatives observe the drafting of the new Mining Act legislation and allowed NAN to see an early draft of the Far North Act (land use planning legislation for the First Nation territories in the Far North). In spite of NAN's consistent effort to put forth its concerns with both pieces of legislation, Bill 191 and Bill 173 fall short of what NAN First Nations have recommended.
Land Use Planning Legislation, Bill 191, The Far North Act
Ontario and NAN (through Oski-Machiitawin) worked on a Memorandum of Understanding (MOU) and a Land Use Planning Framework Agreement (LUP FA) which, together with Ontario’s broad based plans for the Far North, would be the basis for new land use planning legislation. The MOU and the LUP FA were not completed due to the inability of Ontario and NAN to come to agreement on all the issues. The province decided to go ahead with land use planning legislation anyways.
NAN representatives, including OM Negotiator, Tribal Council representatives, Chiefs from the OM Steering Committee and OM legal counsel were granted an early look at the legislation. NAN representatives continually put forth First Nation recommendations, positions, and concerns about the land use planning legislation, as well as Treaty and Aboriginal Rights in regards to the land. In May 2009 Chiefs from the Oski-Machiitawin Steering Committee, along with technicians and legal counsel for OM, reviewed a draft of Ontario’s proposed enabling legislation for land use planning in the North and set out NAN’s concerns in a telephone call to Minister Cansfield. Bill 191 was tabled without the changes that would have addressed First Nation concerns. Following the introduction of the legislation, Grand Chief Beardy released a statement that outlined NAN’s concerns and positions on land use planning and Bill 191.
NAN's Key Positions on Land Use Planning
- First Nations will lead: First Nations must have a leadership role in deciding the overarching land use strategy and in creating individual land use plans. First Nations will designate land uses, decide what activities will or will not take place on in their homelands, and secure economic opportunities and benefits from the resources. First Nations do not support the unilateral imposition of 225,000 square kilometres of protected lands, but will work with Ontario to develop land use plans.
- Development with First Nation support: Many First Nations currently support community projects such as hydro or wind power, or larger projects such as mining or forestry. Legislation must not impede these First Nation initiatives.
- Funding must be appropriate and accessible: Without dollars, the land use plans will not happen. Funding for land use planning must be meet the needs of individual First Nations, be easy to access, stable, multi-year, multi-million, and administered independently of the Ontario ministries.
- Protected areas: Protected areas must be defined in a manner consistent with First Nations understandings, and put under First Nations management.
- Past grievances: There is a long and often painful legacy in our First Nations’ dealings with Ontario’s conservation officers. A process is needed to address these past grievances.
- Plan development, approval and implementation: A way must be found to enable control by First Nations, and support Aboriginal and Treaty rights, without compromise to community autonomy.
- Inherent rights: First Nations have a relationship with the Creator, and a responsibility and an obligation to care for the land. Our inherent rights will never be legislated because that is who we are and we will remain.
- Treaty and Aboriginal rights: Land was not surrendered by the signing of Treaty No. 9 and Treaty No. 5. First Nations will exercise their Treaty and Aboriginal rights in all of their territories. First Nations do not agree to anything that will jeopardize or compromise our rights.
Key Points in Bill 191, The Far North Act
- It applies to lands roughly north of fifty-one degrees latitude in the west, and fifty degrees latitude in the east.
- Until a land use plan is in place, prospecting, claim staking and mineral exploration may continue unabated. Feasibility studies are also permitted.
- Until a land use plan is in place, the following activities are prohibited:
- opening a mine,
- commercial timber harvest,
- oil and gas exploration or production,
- constructing wind power or water power facilities,
- constructing electrical transmission facilities and lines, or roads associated with them (unless such development is supported by the First Nations and is consistent with the Far North land use strategy),
- constructing all weather roads that are not associated with electrical transmission facilities and lines if the construction has not commenced before the day the Act comes into force, and
- all other developments unless they were authorized before the Act comes into force.
- However, these prohibitions can be lifted for a specific project if the Minister of Natural Resources makes an order that the development is predominantly for community use in the area, or Cabinet makes an order that the development is in Ontario’s social and economic interests.
- The “purpose clause” of the Act states that its purpose is to enable community based land use planning that directly involves First Nations and supports the following land use planning objectives:
- a significant role for First Nations,
- 225,000 square kilometres of interconnected protected areas,
- maintenance of biological diversity, ecological processes and ecological functions, and
- enabling sustainable economic development that benefits First Nations.
First reading of the legislation took place June 2. Second reading is expected to take place in the fall of 2009. Once the third reading passes the House, Bill 191 will become law. The details of the legislation will be worked out in the drafting of policies and regulations that will come after the Act is law. NAN can have some involvement in the development of policies and regulations. To date adequate, accessible, long-term funds have not been committee by the province to the First Nation land use planning process. In March 2009 the NAN Chiefs passed Resolution 09/06 rejecting Ontario’s plan to protect 225,000 square kilometres of land in NAN First Nation territories. The resolution supported a First Nation land use planning process. In July 2009 the NAN Chiefs Condemned Bill 191.
Ontario to Hold Public Hearings on Bill 191 This Summer
The Standing Committee for Bill 191 will hold hearings for feedback on the Bill in August. The hearings are Aug 6, 2009 in Toronto, Aug 10, 2009 in Sioux Lookout, Aug 11, 2009 in Thunder Bay, Aug 12, 2009 in Chapleau, and Aug 13, 2009 in Timmins. The deadline to sign up to speak at the hearings was July 23, 2009, however, First Nations may also submit letters and to the Standing Committee by sending them to:
The Committee Clerk, Trevor Day
Room 1405, Whitney Block Queens Park, Toronto, ON, M7A 1A2
(phone) 416-325-3509 and (fax) 416-325-3505
