In November 2008 the Nishnawbe Aski Nation (NAN) Chiefs passed Resolution 08/84 that supports the continuation of Oski-Machiitawin until March 31, 2010.
Select a topic below for current status information:
Mining Table
Land Use Planning
Licenses and Permits
Parks
Common Issues
Resource Revenue Sharing
Mining Table
On February 19, 2009 the Minister of Northern Development and Mines, Michael Gravelle committed to continue mining discussions with NAN at the Oski-Machiitawin Mining Table.
Mining Act Reform
The Ministry of Northern Development and Mines, (MNDM) is carrying out the Premier’s promise to change the Mining Act. In 2008 MNDM instituted a Mining Act reform consultation process which was unacceptable to NAN First Nations due to the short time frame and the culturally inappropriate approach to the consultations. Through Oski-Machiitawin process First Nations who wished to, gave input on mineral exploration and Mining Act reform. NAN developed a set of recommendations for the new Mining Act legislation. The participating NAN First Nations have stated that their participation should not be construed as consultation and does not meet Ontario’s legal obligation to consult. The recommendations were brought forward in a Pan-Ontario/Pan-Aboriginal forum being held by the Political Confederacy (PC) through Chiefs of Ontario (COO). With MNDM and Ministry of Aboriginal Affairs (MAA,) the PC worked on developing language to help guide the drafting of the new Mining Act legislation. NAN is involved in the PC discussions. The OM Mining Table Lead has been attending the meetings and bringing forth the NAN First Nations positions with regard to Mining Act Legislation.
NAN Involved in the Legislative Drafting Process for Mining Act
Oski-Machiitawin and NAN First Nations put forward a position that they be involved in the drafting of the new mining legislation. It was the hoped that NAN could influence the drafting, especially in the area of termination of the Free Entry System. The drafting process began in late March. Because Oski-Machiitawin had developed the NAN recommendations for amendments to the Act in 2008, and had gathered input and feedback from NAN communities on the recommendations, its representatives at the legislative drafting process were thoroughly prepared to advance the NAN First Nations agenda for the Mining Act.
Some key areas NAN First Nations want addressed in the amended legislation include:
- Free Prior Informed Consent: No prospecting, staking, exploration or mine development will proceed without a written agreement in place, at the discretion of the First Nation.
- Participation in Regulations: All regulations under the new Act must be made in consultation with First Nations in a government-to-government relationship.
- Spirit and Intent of the Treaties (no. 9 and No. 5): These agreements to live and work together will be recognized by any person exercising authority under the Act.
- Environmental Standards: The land, water, air and all living things must be protected - by the highest environmental standards with all exploration and development projects subject to the scrutiny of environmental assessments.
- Dispute Resolution: An independent dispute resolution mechanism involving NAN Nation communities that respects the values and laws of First Nations people.
- Funding and Capacity: A firm commitment to funding and technical resources to engage and respond to the project assessment process.
- Land Use Planning: An assurance that new legislation does not pre-empt the current process, that land use plans take precedence over mining rights, and clear indication that land use plans will be respected, and will not be trumped by mining tenure.
- Map Staking and Land Designations: A commitment that consultation and accommodation obligations will be met and that capacity and technology will be provided to First Nations who want to participate.
NAN has requested a commitment from the Government of Ontario to a process that will see more meaningful participation by First Nations during the regulation and policy stages; detailed work that will be conducted following the implementation of the Mining Act amendment bill.
Mining Act Legislation Tabled in the Ontario Legislature
The Modernization of the Mining Act Bill was tabled in the legislature on April 30, 2009. The following are some of the highlights of the bill for First Nations. The highlights are taken from a presentation on the MNDM section of the Government of Ontario Website:
http://www.mndm.gov.on.ca/miningact/pdf/mining_act_tech_briefing_slides.pdf
Highlights:
For Aboriginal Communities
Ontario would become the first jurisdiction in Canada to expressly recognize Aboriginal and treaty rights in its mining legislation, and enable a dispute resolution process for Aboriginal-related mining issues through regulation. Proposals would also address key concerns of Aboriginal communities. For instance, Ontario's modernization approach would include:
- Provisions for withdrawing significant Aboriginal cultural sites from claim staking;
- Notification of Aboriginal communities immediately after a claim is staked;
- Requirements for prospectors and companies to notify Aboriginal communities of plans for significant exploration activities within their traditional lands;
- Provisions to enable restrictions on prescribed prospecting and exploration activities;
- Introduction of a graduated approach to Aboriginal consultation, with the scope and degree tied to impact of proposed exploration activities. This approach would:
- Outline consultation requirements
- Require environmental rehabilitation
- Require exploration work plans or permits
The Ministry will invite further input from First Nation communities and Aboriginal organizations as Ontario develops policies and regulations to implement the new Mining Act.
The Modernization of the Mining Act bill has passed the second reading in Ontario Legislature. It is expected that a standing committee will tour the province and take submissions about the legislation from the public this summer. It is NAN's position that the standing committee should visit Tribal Councils and First Nations.
Land Use Planning (LUP)
In order to protect First Nation homelands and traditional territories, and to develop plans for economic and resource development, NAN First Nations need to engage in land use planning (LUP). NAN First Nations are at different stages of land use planning, some completed and some near completion, but these plans have not been acknowledged by Ontario. The Land Use Planning Table of Oski-Machiitawin has been discussing with the Ministry of Natural Resources how community land use planning can be achieved. Ontario says it is committed to First Nation community-based land use planning and to legislation that will ensure community land use plans are acknowledged and respected.
Premier's Announcement
In July 2008 the Premier of Ontario announced his intention to protect 225,000 square/km of Boreal Forest in NAN territory as part of Ontario's Far North Initiative. Ontario's agenda in the North is concerned with conservation and climate change, sustainable development, and cultural landscape (First Nations). Ontario has indicated that this would be accomplished through First Nation land use plans where individual First Nations would set aside protected areas in their land use plans in order for Ontario to reach its goal of protecting 225,000 sq/km's of the Boreal Forest.
NAN Chiefs Reject 225,000 sq/km of Protected Area in the Far North
At the Winter Chiefs Assembly in March 2009, the NAN Chiefs unanimously passed Resolution 09/06. The Chiefs do not support Ontario’s plan to protect 225,000 sq/km of First Nation traditional territories without their consultation or consent, but do support land use planning for NAN First Nations.
MOU
A Daft Memorandum of Understanding (MOU) was being developed between Ontario and NAN to guide the Oski-Machiitawin LUP discussions and to ensure that land use planning will take place in all NAN communities, including those South of the Area of the Undertaking (below the 50th parallel). A final draft of the MOU did not reach the final approval stage due to the polarized positions of NAN and Ontario on some key issues.
Land Use Planning Framework Agreement
Oski-Machiitawin had been negotiating a LUP Framework Agreement with the MNR to guide community land use planning and Ontario’s broad based planning. The Province and NAN began developing a Land Use Planning Framework Agreement (LUP FA) in the summer of 2008. The LUP FA was to be the basis from which enabling legislation would be developed to support the land use plans of First Nations and also the broad based LUP initiatives of the province. The framework agreement did not reach the approval stage due to the inability of both parties to come to agreement on some key issues.
Minister's Letter
Minister Canfield provided a letter to NAN in order to address some of the outstanding issues in the Land Use Planning Framework Agreement, which included the MNR’s intent to continue to hold LUP discussions, and also to acknowledge that the discussions will take place in a government-to-government relationship.
Synthesis of Agreement
Ontario has committed to developing a Synthesis of Agreement, which will incorporate all the items that both parties have agreed to in the MOU, LUP FA, and the Minister’s Letter. This Agreement will form some of the basis of the policies and regulations that will be developed from Ontario’s LUP Legislation.
Land Use Planning Legislation
From the LUP Framework Agreement and the MOU, enabling legislation was to be developed to support First Nation land use plans including social, cultural, economic and environmental strategies and initiatives. As well the legislation would recognize Ontario’s broad based initiatives. However, the Framework Agreement and the MOU did not reach final approval. Ontario went ahead with the drafting of enabling legislation for land use planning even though the agreements were not finalized.
NAN's Involvement in Drafting of Legislation
NAN representatives were granted an early look at a draft of the legislation. They were not involved in the actual drafting. The enabling legislation was tabled in the Ontario Legislature on June 2, 2009. NAN will also be involved in the drafting of regulations and policy after the legislation is passed. NAN released a statement in response to the legislation that was tabled June 2, 2009.
Licenses and Permits (L&P)
The Licenses and Permits discussion table is currently focused on a Traditional Knowledge (TK) Protocol. L & P held a session with NAN Elders on TK in March 2009. A Traditional Knowledge conference with the Elders was held in May 2009 in Fort Severn. The Elders will reconvene this summer to complete the Traditional Knowledge Protocol.
The L & P Table will also be conducting First Nation pilot projects for notification protocols with Windigo and Wabun First Nations.
In 2007 L &P tabled a Notification Protocol with Ontario. Ontario responded in late 2008. In 2009 L & P will hold further discussions on Ontario’s response to the Notification Protocol. The purpose of the Notification Protocol is to have a mechanism whereby First Nations will be informed of proposed activities on their lands. First Nation capacity building will also be discussed in order that communities will have the ability to respond to notifications of possible activities on traditional homelands. Capacity building will also be required so that First Nations can manage and issue licenses and permits if they wish to.
The L & P table will also be doing research to determine the scope of licenses and permits issued in NAN territory, which is expanded to include L & P issued by ministries other than MNR, including MTO, MOE, MNDM and will also develop a data base.
Parks
NAN Chiefs Resolution 07/85 had called for Parks to be dealt with under a separate process from Oski-Machiitawin. However, the province has not agreed to a separate process for Parks. Because Parks issues are closely associated with land use planning, the province wants to deal with Parks under the land use planning process. The Parks table is focusing on identification of legislation, regulations, and other obstacles to First Nation Land Use Planning, like previous designations such as waterway parks and protected areas.
The Parks Table will develop a strategy for dealing with Parks issues and also continue to discuss the 22 recommendations NAN made in regards to the Bill 11.
Much of the focus of the Parks Table up until 2008 has been on de-designation of specific waterway Parks. The First Nations affected by these parks have not changed their position that the parks should be removed. In 2009 the table will hold a meeting with the Chiefs of these First Nations to discuss options and strategies for dealing with parks.
Common Issues
In 2008 there were no official meetings with the province on Common Issues. In 2009 the Common Issues table will establish a more formal process to discuss Impact Benefit Agreements (IBA), First Nation moratoria on development, and the issues surrounding consultation, accommodation and consent.
Resource Revenue Sharing
As per NAN Chiefs' Resolution 08/61 RRS discussions are taking place outside of the Oski-Machiitawin process.
