Backgrounder - Bill 191, The Far North Act, 2010 - following Second Reading

What is the Far North?

Encompassing more than 450,000 square kilometres, the Far North represents about 42 per cent of Ontario's land mass. It is generally defined as all lands north of a line running from the Manitoba border in the west to James Bay in the east, several hundred kilometres north of Red Lake, Sioux Lookout and Cochrane. It is generally north of the area currently licensed for commercial forestry.

The Far North is home to more than 24,000 people who live in 34 communities. First Nations people represent over 90 per cent of the area's population and live mainly in remote, fly-in communities.

The Far North contains the largest intact forest in Canada and the world's third largest wetland. The trees, soil and peat of this vast boreal landscape act as a globally significant carbon sink by absorbing approximately 12 million tonnes of carbon dioxide from the air each year. The region provides essential habitat for more than 200 sensitive species, and nesting grounds for millions of migrating birds.

HIGHLIGHTS OF THE PROPOSED ACT

The proposed Far North Act would apply to public lands in the Far North but not to First Nation reserves or to federal lands, private land or municipal lands.

Purpose

To provide for community based land use planning in the Far North that directly involves First Nations in the planning and that supports the environmental, social and economic objectives for land use planning for the peoples of Ontario.

Land Use Planning Objectives

• Significant role for First Nations in the planning
• Protection of areas of cultural value and ecological systems by including at least 225,000 square kilometres of the Far North in an interconnected network of protected areas designated in community based land use plans
• Maintenance of biological diversity, ecological processes and ecological functions, including carbon storage and sequestration
• Enabling sustainable economic development that benefits First Nations

Far North Land Use Strategy

The Minister would be required to invite First Nations to work together in contributing to the preparation of the Far North land use strategy. The strategy would support the preparation of community based land use plans and would take into account the objectives for land use planning.

The Far North land use strategy would contain all Far North policy statements issued and may contain the following:

• Geospatial and mapping information about ecological, natural resource and cultural values
• Policy, scientific and technical guidelines for land use planning
• Policies related to amending community based land use plans, categories of land use designations and categories of protected areas.

Far North Policy Statements

The Minister would be required to prepare policy statements and issue the statements, with approval of the Lieutenant Governor in Council (LGIC). The policy statements may relate to:

• 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
• Other matters that in the opinion of the Minister are matters of provincial interest to land use planning

At least every 10 years after issuing a policy statement, the Minister would be required to invite First Nations to work together in reviewing the statement, to determine whether to amend it. The policy statements may be amended by the Minister.

Community Based Land Use Plans

First Nations would indicate their interest in initiating the planning process. The process for preparing community based land use plans would include:

• Creation of a joint planning team
• Joint preparation of terms of reference (posted on the Intranet) to guide the designation of a planning area and the preparation of a land use plan
• A draft plan, which must be made available for public comment
• A final plan

In preparing the land use plan, the First Nations and the Minister would be required to take into account the Far North Land Use Strategy.

Community based land use plans would need to be approved by the First Nations through a Band Council resolution, and by the Minister. Approved plans would specify a review period for the plan that is no more frequent than every 10 years.

Community based land use plans and planning areas could be jointly amended by the First Nations and the Minister.

Development Activities During Land Use Planning

Specific developments would not proceed before a community based land use plan is in place. These include:

• The opening of a new mine in prescribed circumstances
• Commercial timber harvest
• Oil and gas exploration or production
• Constructing wind power and waterpower facilities
• Constructing electrical transmission facilities and lines, or all weather roads associated with them
• Constructing all weather roads that are not associated with electrical transmission facilities and lines
• Any other land use or activity that is prescribed

These developments may be undertaken if the Minister determines that the development is pre-dominantly for community use, or if the Lieutenant Governor in Council determines it is in the social and economic interests of Ontario and takes into account the land use planning objectives outlined in the Act.

The construction of electrical transmission facilities and lines, as well as all weather roads associated with them may be constructed in advance of a community based land use plan, if there is support of locally affected First Nation communities and the construction is consistent with Far North policy statements, or if there are no policy statements issued and the Minister determines there is sufficient ecological information for the area.

Some forms of development may be permitted in advance of a community based land use plan. These developments would include:

• activities authorized before the day the Act comes into force
• new land uses or activities that are incidental or complementary to existing land uses or activities
• prospecting, mineral claim staking and exploration, mining leases and licences of occupation
• feasibility studies or similar assessments, including wind testing
• environmental clean up activities

The Minister could determine that other development may proceed in advance of a community based land use plan being in place, if the development contributes directly to meeting First Nation community needs and the Minister takes into account land use planning objectives, or if the development is predominantly for community use.

Development Activities After Land Use Planning

Once a community based land use plan is approved, decisions regarding public land use, resource allocation and disposition, and all forms of new development, would have to be consistent with the land use designation specified in an approved land use plan.

The Lieutenant Governor in Council could make exceptions to permit development or activities that are not consistent with a land use designation, after taking into account the land use planning objectives and determining that a development is in the social and economic interests of Ontario.

Existing Tenure

Existing tenure and approved land uses and activities, including existing mining claims, would continue to be recognized.

Provisional Protection

• Prior to a Community based land use plan being in place, the Minister in consultation with the Ministry of Northern Development, Mines and Forestry, acting alone or at the request of a First Nation may make an order designating an area as an area of provisional protection.
• Before making an order for an area of provisional protection, the Minister must be of the opinion that the applicable criteria have been met.
• The Minister would then request the Minister of Northern Development, Mines and Forestry to withdraw the area from mineral staking.

Establishment of Protected Areas

Protected areas would be identified in community based land use plans and would prohibit activities as specified in the proposed legislation. The Minister of Natural Resources would have authority to establish categories of protected area designations and the land uses and activities permitted within each category.

Administration and Implementation Tools

The Minister of Natural Resources would establish one or more bodies to advise on matters relating to the proposed legislation.

Joint Body

The Minister would be required to invite First Nations to participate in discussions with respect to establishing a joint body that could advise the Minister on the development, implementation and co-ordination of land use planning in the Far North. The discussions would include the criteria for members to be appointed to the joint body, the functions of the joint body, and the procedures the joint body would have to follow in carrying out its functions.

The Joint Body would be established once the First Nations and the Minister make a joint recommendation to establish the body.

The joint body would be composed of equal numbers of members from First Nations and the representatives from the Government of Ontario.

Regulation-Making Authorities

The Lieutenant Governor in Council would have the authority to make regulations describing the boundaries of the Far North.

The Minister of Natural Resources would have authority and regulation-making powers to administer the proposed legislation, including authority to:

• Specify categories of land use designations in a planning area
• Specify categories of protected areas
• Regulate the boundaries of protected areas
• Set out requirements for making amendments to community based land use plans

Provincial Parks and Conservation Reserves Act

An amendment to the Provincial Park and Conservation Reserves Act would permit the LGIC to decrease the area of a park or conservation reserve located in whole or in part in a planning area, but only if the disposition is part of a larger transaction in which a replacement area of equal or increased size is or would be designated as a protected area in a community based land use plan under the proposed Far North Act, 2009. The replacement area would also have to contribute to the protection of areas of cultural value and the protection of ecological systems. The public would be given the opportunity to comment on the proposed change.

Public Lands Act

This amendment would enhance the Minister's ability to create and amend land use plans under the Public Lands Act. This would require the planning be carried according to approved guidelines, and that activities on the land be consisted with approved plans.

Public Involvement

Opportunities would be provided for further public involvement, including the posting of Far North policy statements on the internet. There would also be an opportunity for the public to provide written comments on draft community based land use plans.