An Act With Respect to Land Use Planning And Protection In The Far North
On June 2, 2009, the Ministry of Natural Resources introduced proposed legislation that would allow for sustainable development of the region’s natural resources and protect at least half of the Far North of Ontario in an interconnected network of protected areas.
The Far North Act received Royal Assent on October 25, 2010 and is the legislative foundation for land use planning in the Far North. The purpose of the Act is to provide for community based land use planning in the Far North that:
- sets out a joint planning process between the First Nations and Ontario;
- supports the environmental, social, and economic objectives for land use planning for the peoples of Ontario; and
- is done in a manner that is consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult.
As set out in the Act, the objectives of land use planning include the following:
- A significant role for First Nations in the planning;
- The protection of areas of cultural value and protection of 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;
- The maintenance of biological diversity, ecological processes and ecological functions, including the storage and sequestration of carbon in the Far North; and
- Enabling sustainable economic development that benefits the First Nations.
The Far North Act also provides the opportunity for First Nations and Ontario to hold discussions on establishing a joint body. If First Nations and Ontario agree to establish the joint body, it will have equal representation from members of First Nations and Ontario officials. This joint body could advise on the development, implementation and co-ordination of land use planning in the Far North.
Another important part of the Act is the development of the Far North Land Use Strategy. The strategy is the foundation of policy and information that provides the big-picture, broad-scale land use interests to support community based land use planning. It also guides the integration of matters that are beyond the geographic scope of individual community based land use plans.
The strategy will include all policy statements issued under the Act and may also contain policies related to:
- the requirements and restrictions for amending community based land use plans;
- categories of land use designations; and
- categories of protected areas.
The Far North Act is intended to work hand-in-hand with other government priorities such as Open Ontario, Northern Growth Plan and the Mining Act.
