Land-use plans include protected areas

Continued from previous column published in the Nov. 12 and 25 and Dec. 9 editions of Wawatay News
Bill 191 provides First Nations “through community-based land-use planning an opportunity to decide which lands in the Far North will be protected and which lands will be open for sustainable development.”
A “protected area” means an area of land that is designated as such by a land-use plan if it is approved as a community-based land use plan.
A land use plan should designate one or more areas in the planning area as protected areas and requires joint approval from the minister and the First Nation.
It is the first time in Ontario’s history that there is a requirement under law for First Nations approval of a land-use plan.
However, a land use plan has no effect until the minister, by order, approves the parts of the plan that subsection (9) requires be included in the plan; and the council of each of the First Nations mentioned in subsection (6) passes a resolution approving a plan.
First Nations may contribute their traditional knowledge and perspective on protection and conservation for the purposes of land use planning under this Act.
The Far North Act “provides for orderly development in the Far North,” where “most major developments would require that a community-based land use plan be in place, with some exceptions.”
Bill 191 also provides “provisional protection prior to a community-based land-use plan being in based on criteria to be prescribed by regulation.”
In many parts of Noopemig, such as in the Ring of Fire, claims have been staked already without land-use plans being in place.
These claims will have been grandfathered and would not be impacted by the community-based land use planning process.
The provisional protection mechanisms outlined in the Far North could provide an additional mechanism for First Nations (on lands without mineral tenure) looking to use provincial laws to protect their lands now.
Another government initiative is the proposed Northern Growth Plan which will strengthen the northern economy.
One of the key actions identified in the 25-year plan is “building a new relationship with Aboriginal People to increase participation in the future economic growth of northern Ontario and achieve better health status for Aboriginal communities.”
The Far North Act and the Northern Growth Plan (under the Places to Grow Act, 2005) would work together and if there is a conflict, the Far North Land Use Strategy and the Community-Based Land Use Plans would prevail.
There is also a provision in the Far North Act that would enable the creation of a joint body to oversee implementation of the whole land use planning initiative.
The functions of this joint body would include: advising on allocation of funding to support First Nations working with Ontario on land use planning, and appropriate dispute resolution processes for land use planning matters.
These are important matters and given the level of frustration among First Nations for the current way funds are being handed out, this may just be a better, more transparent process if communities wish it to be implemented.
It is modeled on initiatives from other parts of Canada that have worked in co-operation with First Nations such as in the Northwest Territories and Yukon.
While not perfect, these are some of the tools available to communities if they wish to take advantage of them to achieve their own goals.
The decision is up to them.
As the snow flies and blankets Noopemig, the sacred living lands continue their endless seasonal cycle, seemingly oblivious to these new efforts to provide a balance that only it can provide.