THE LETTER OF POLITICAL AGREEMENT (LPA) signed between NAN and Ontario April 2007 stated:
The Ministry of Northern Development and Mines (MNDM) agrees to discuss, address and develop processes and implementation strategies related to early stage exploration activities in NAN territory, including issues related to notification and consultation. MNDM has already begun to engage First Nation communities and leaders through the “Discussion Paper” on these issues and will continue to do so.
FIRST PHASE - MINING TABLE DISCUSSIONS
120-DAY INTERIM MEASURES PROCESS, April 2007-November 2007
MNDM Agrees to a Mineral Exploration Table
In 2007 The Ministry of Northern Development and Mines was in the process of developing an Ontario wide consultation process with First Nations. At first there was reluctance on the part of MNDM to set up a mineral exploration table under the Oski-Machiitawin process. The Chiefs’ Steering Committee and the NAN Negotiating Team pushed for a mineral exploration table with MNDM reminding them of the commitment made in the LPA.
Objectives
- Develop options and approaches on improved consultation between First Nations, government and the mining industry with respect to undertaking early stage exploration activities in the Treaty No 9 and No 5 traditional territories, including issues related to notification.
- Develop options and approaches to enable the Aboriginal peoples of NAN First Nations to share more fairly in the economic benefit associated with early exploration activities.
- Develop cost-effective options and approaches to address the capacity development issues of NAN First Nations participating in early exploration consultation processes.
Outcomes
The Mining Act to be Changed
The Minister of Northern Development and Mines agreed during the 120-day Into change the Mining Act and has acknowledged that is a flawed piece of legislation. Proposals for change will be developed at the Northern Table.
Prior Notice
MNDM and NAN have agreed that mining companies must jointly submit a workplan to Ontario and the First Nation(s) prior to beginning an exploration program, including airborne surveys and staking on First Nation defined homelands and areas of interest.
Free and Informed Consent
The exploration workplan and the First Nation review of the workplan will address the free and informed elements of consent. The Mineral Exploration will develop the essential components of the workplan that the company must submit to the First Nation.
Outstanding Issues
While Ontario and NAN discuss and work out agreements, early exploration without the prior notification of First Nations continues in Nishnawbe Aski Nation territory
The most contentious issues at the mining table; community moratoriums, consent, revenue sharing and compulsory impact and benefit agreements were referred to the Common Issues Table.
Issues under active discussion at the end of the 120 days where no agreement had yet been achieved:
- Template for early exploration workplans
- Delegation by the Crown of procedural aspects of the duty to consult
- Interim measures in the period prior to the new Mining Act
- Definition of “low impact early exploration activities”
- Protection of First Nation information sharing
- Funding and essential elements of a First Nation technical review of early exploration workplans and notices.
- Dispute resolution
- The relationship between MNDM’s Discussion paper process and the early exploration table process.
Nan Chiefs Unanimously Endorse Continuation 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.
