Objectives
The initial Letter of Political Agreement provided the following mandate to the Licences and Permits (L&P) Table:
“...the development of a notification protocol for Ministry of Natural Resources (MNR) licences and permits so that communities would be made aware of plans for MNR authorized resource development activities and, once established, consider processes for First Nations’ input into the issuing of MNR licences and permits in their traditional land use areas.”
The two basic principles in regard to the mandate are:
- If a permit or licence may have an impact on a First Nation or its traditional lands, they must be notified.
- If there is no impact, if there are potential benefits in terms of training, employment, or business opportunities from the activities being permitted, then the First Nation must be notified.
First Phase Licenses and Permit Discussions
120-Day Interim Measures Process, April 2007-November 2007
The L&P Table secured approval from the Joint Management Committee to expand the initial mandate to include a review of Ontario’s wildlife management and fisheries management planning processes with the goal of determining how NAN First Nations could become meaningful partners in the development and approval of these plans as they apply in NAN First Nation homelands.
Outcomes
Notification Protocol
MNR’s initial position on the development of a Notification Protocol was that it would simply involve notifying First Nations of MNR’s proposed activities in NAN Homelands. This approach was rejected by the L&P Table and was successfully expanded as follows:
- The Notification Protocol will be designed so that all provincial departments will participate in notifying NAN First Nations through the same notification system. This will include, but not be limited to MNR, Mines and Northern Development, Ministry of Environment and Ministry of Transport. It was also agreed that the direct actions of provincial ministries that would otherwise require a permit (MTO taking aggregate for example), will also become part of the Notification Protocol.
- The objective of NAN First Nations is to work toward a process that will require First Nation consent with respect to licences and permits that will be issued in their Homelands. While Ontario has not yet agreed to this objective, it has been agreed that the Notification Protocol will be in such a way to support this objective.
- Agreement has been reached that the Notification Protocol must include much more than simply notifying First Nations of the licences and permits that are being issued. The process must include notification, First Nation assessment, feedback, and accommodation of First Nation interests and concerns.
- The L&P Table prepared an initial draft of a Notification Protocol Agreement and tabled it with Ontario. Ontario forwarded their response, which has yet to be discussed at the L&P Table.
MNR Planning Processes
MNR has three major planning processes in the resource sector, which includes Forestry Management, Wildlife Management and Fisheries Management. While there is currently some involvement by certain NAN First Nations in the forestry management plans, there is no involvement in the wildlife or fisheries planning processes. Meaningful involvement in this planning is important to improve the quality of these plans and because licences and permits are issued in accordance with these plans.
- Agreement has been reached that the meaningful involvement of NAN First Nations in the Wildlife and Fisheries Management Plans should take place. This involvement is to include the incorporation of Traditional Ecological Knowledge.
- MNR is willing to undertake a pilot joint planning process for a Fisheries Management Plan for a zone within the NAN area, which will involve several NAN First Nations.
- MNR has agreed that NAN First Nations should be involved in the Wildlife Management planning process and is open to discussions to determine how that involvement should take place.
Consent
While Ontario has acknowledged the long-term goal of NAN First Nations to provide consent for licences and permits issued in their homelands, there has been no agreement to this goal by Ontario. The issue of consent (including how consent for licences and permits might be actioned) has been moved to the Common Issues Table.
Capacity
Ontario has acknowledged the need for NAN First Nations to have the capacity to review the licences and permits applications and the proposed activities to be undertaken if the licences and permits are approved. Discussions are at a very early stage and therefore there is no agreement with respect to the scope, cost and structure for putting in place this required technical and traditional knowledge.
Licences and Permits Data Base
The L&P Table has indicated to Ontario that one of the initial steps in the L&P process is the development of a database of existing licences and permits that have been issued in NAN homelands. This would provide First Nations with a complete inventory of activities authorized by Ontario in their Homelands. Ontario is not objecting to this concept, but has responded that they do not have a comprehensive database, that it would be costly and timely to develop and that many of their systems are not computerized.
Traditional Knowledge Protocol
Meaningful involvement by NAN First Nations in licensing and permitting, as well as the resource planning regimes, will only be effective if traditional knowledge is considered in any decisions made on these matters. This requires that certain traditional information be shared with Ontario. There are many justified concerns with any sharing of traditional knowledge. Currently, there is no protocol in place with Ontario with respect to the treatment of traditional knowledge.
NAN Chiefs Unanimously Endorse Continuatino of Oski-Machiitawin
The 120-day Interim Measures Process of the Northern Table ended on October 12, 2007. The NAN Chiefs met in Timmins in November 2007 and unanimously passed Resolution 07/83 endorsing the continuation of Northern Table discussions with Ontario for another year.
The resolution mandated the Northern Table Chiefs’ Steering Committee (CSC) and the NAN Executive to develop a resource revenue sharing framework agreement with the province by November 15, 2008. The Chiefs’ endorsed numerous recommendations made by the CSC. A major direction from the NAN Chiefs was that the process be community driven, that there be optimum community engagement and participation, and that First Nation members be informed about the process. Resolution 07/83 also called for the name of the bilateral discussions to be changed to a name selected by the Elders and it endorsed the “principled approach” to the discussions. As per Resolution 08/61 Resource Revenue Sharing discussions and the development of an MOU are taking place in a separate forum from Oski-Machiitawin.
In November 2008 the Nishnawbe Aski Nation (NAN) Chiefs passed Resolution 08/84 that supports the continuation of Oski-Machiitawin until March 31, 2010.
