What are the goals of the act?
Section 6 of the act says:
- "A significant role for First Nations in the planning.
- The protection of areas of cultural value in the Far North and the protected ecological systems in the "Far North" by including at least 225,000 square kilometres of the "Far North" in an interconnected network of protected areas.
- The maintenance of biological diversity, ecological processes and ecological functions, including the storage and sequestration of carbon in the Far North.
- Enabling sustainable economic development that benefits the First Nations."
Why Now?
In July 2008, the Premier announced the protection of half of the "far north", primarily to combat climate change, protect endangered species and provide security for developers.
What was NAN's role in developing the Act?
Through the Northern Table/Oski Machiitawin, NAN and MNR attempted to reach an agreement on how land use planning would be undertaken in the "far north" (remote homelands). Missing from the act are the following NAN demands and positions:
- Adequate assured funding
- Assured access by road and transmission lines to all First Nations when and if they so wish
- An implementation structure that is no less than co-management
- Inclusion of all NAN First Nations
- Assurance that First Nations may plan for all of their lands regardless of Ontario's classification
- No fixed goal for protected areas
- Assurance that existing parks will be removed
- Assurance that newly protected areas will be defined as to both geography and use by First Nations
- Independent appeals process
- Final plan approval by both parties
- Interim measures that allow development to proceed with First Nation approval
- Planning modules in addition to the Northern Boreal Initiative
- Full and equal NAN participation in developing policies and regulations
What is a land use plan under this act?
It is a document that identifies land areas and their uses. It must include at least
one protected area in each planning area. It must also include agreement to
review the plan after 10 years. (Section 8) It may include other matters however
these will not be subject to Ministerial approval and so will not have the force of
law.
Is this the usual definition of land use planning?
No, more typical is the Yukon Government definition: “there are two important
elements to Land Use Planning: understanding the land and its users, and making
decisions about how to manage that land.”
What area is the "Far North"?
Click here to view map.
Who can be involved in the land use planning?
First Nations with reserves in the Far North and First Nations “not having a reserve
in the Far North”, that is First Nations whose reserve lands are in Manitoba but to
whom Ontario has granted trapline licenses.
How does a First Nation become involved in land use planning under the Act?
First Nations, either singly or together, approach the Minister (this means the MNR
in practical terms) and ask to prepare terms of reference for designation of the
planning area and for the preparation of the land use plan. If the First Nations
pass a resolution approving the terms of reference and the Minister also approves,
the Minister may make an order to designate the planning area. The terms of
reference and planning area will be posted on the Environmental Registry.
How long does it take to reach agreement on terms of reference?
The planning model that MNR is following is the Northern Boreal Initiative. It has
taken 8 years for Cat Lake and Slate Falls to reach agreement with MNR on terms
of reference. Other First Nations are still negotiating these terms of reference.
With whom do First Nations negotiate Terms of Reference?
MNR has established a Far North Branch which works out of the MNR district
offices. First Nations negotiate with a team of MNR staff from the District offices.
What is included in terms of reference?
The only available terms of reference are those for Cat Lake – Slate Falls. These
include:
- responsibilities with MNR providing data and facilitating involvement of other ministries and the public and the First Nations being responsible for local participation.
- Definition of the area based on the far north map (that is any traditional territory south of the far north is excluded) and on registered traplines.
- Scope which means that the plan will “contribute to the goals of Ontario’s parks and Protected Areas system”, dedicated protected areas, fire management strategy, species at risk, mineral sector interests, tourism industry, recreation interests, strategic access and infrastructure, environmental assessment act coverage, climate change mitigation.
- Information management, essentially an MNR function
- Planning process in four phases following terms of reference being defined as data gathering, interests and opportunities, draft strategy, final strategy. Each phase has public consultation.
- Planning structure with an advisory team of government staff and “community technical advisors” advising a planning team of both MNR and First Nations staff, reporting to the Chief and Council and (although not mentioned in the terms of reference) to the Far North District office.
What are protected areas?
These are defined in the act as “an area of land designated as such under the land
use plan”. The actual definition of such lands will be made under the “Far North”
strategy. Land use plans will conform with the policy developed through the “Far
North” strategy. In the past Ontario has defined protected areas in the “Far North”
as wilderness parks, which Ontario categorizes as class 2 under the IUCN rules.
Class 2 protected areas are “managed mainly for ecosystem protection and
recreation” and “take into account the needs of indigenous people”. Once a
protected area has been regulated, its boundaries can not be changed.
NAN asked that these lands be classed at minimum as class 5 lands which are
“managed mainly for landscape/seascape conservation and recreation” and are
managed to ensure the continuation of traditional uses and “bring benefits and
contribute to the welfare of local communities as a specific objective”. Ontario has
not only not provided such assurance, it has gone out of its way to deny the
applicability of the international standards as they relate to Indigenous people.
What uses are prohibited in protected areas?
The following uses will not be allowed in a protected area: mining in any of its
stages, commercial timber harvesting, energy generation and any other activity so
defined in the broad scale strategy and its policies.
What is the Broad Scale strategy?
It is a set of policies that will determine the community land use plans. Policies
may be developed for the following: cultural and heritage values, ecological
systems, processes and functions, including the storage and sequestration of
carbon, the interconnectedness of protected areas, biological diversity, areas of
natural resource value for potential economic development, electricity
transmission, roads and other infrastructure, tourism, and other matters as the
discretion of the Minister.
How are First Nations involved in developing the broad scale strategy?
“The Minister shall provide opportunities for the involvement of First Nations.”
Section 7(3)
How long will it take to complete community land use plans in the "far north"?
MNR anticipates that it will take up to 15 years to complete the plans.
How long will it take to complete the broad scale strategy?
MNR plans to complete the strategy by 2011.
How will the community land use plans be approved?
The plans will first be adopted by the First Nations through a resolution. Then the
Minister will post the plan on the Environmental Registry and may make an order
approving the plan.
What is the impact on existing land uses?
Existing land uses will continue (be grandfathered in) and will be able to change and grow. The plans do not include reserve lands or privately owned lands.
What about mining?
All mining activities can go ahead except the actual development of a mine which
must be an accepted use under a community land use plan.
What about forestry?
Commercial timber harvesting, unless begun before the act comes into effect, can
proceed only with a community land use plan.
What about power generation and transmission?
Wind and water power facilities, transmission facilities and associated all weather
roads, unless begun before the act comes into effect, can proceed only with a
community land use plan. However such projects can proceed with the support of
the First Nations and if the project is consistent with the policy statements or if the Minister approves it in the absence of such policy statements.
What about all weather roads?
All weather roads, unless begun before the act comes into effect, can proceed only
with a community land use plan.
Are there exceptions?
Yes, the Minister may approve a development if it is predominately for community
use and Cabinet can approve developments “in the social and economic interests
of Ontario”.
Are there other planning models?
Yes, in the Yukon, the NWT and Nunavut there are models through which the First
Nations do their own planning under the general guidance of co-management
lands boards. The Minister of Natural Resources has stated that this model is not
acceptable in Ontario as there will be only one government in the “Far North”.
How will the planning be funded?
There is no funding formula, allocated funding of perhaps $3million for the entire
“far north”, and no independent funding agency. The one plan completed under
the NBI is the Whitefeather Forest plan which cost about $17/hectare. MNR
anticipates that much of the funding needed for planning will be raised by First
Nations through other governmental and non-governmental sources.
What if a First Nation does not wish to participate in land use planning?
The Minister has retained the authority to develop a land use plan under the Public Lands Act.
Are First Nations acting as advisors to the MNR under this act?
Yes. The model proposed by the Act and the Northern Boreal Initiative is based
on the forest management advisory model.
What is the impact of moving forestry to MNDM?
It is unclear but it appears that the responsibilities left in MNR for the “Far North”
will be endangered species, parks and land use planning.
