The logistics of land-use planning for Ontario’s Far North have become the hot-button issue in the discussions surrounding Ontario’s Bill 191. Canada has a successful history of land-use planning initiatives that capture cultural, ecological and economic values, and are based on joint government and First Nations decision-making. These precedents can help guide Ontario’s new legislation for planning in the Far North.
-The Mackenzie Valley Resource Management Act mandates that resource management decisions in the Northwest Territories be consistent with and use plans created by planning boards. Membership in planning boards is equally divided between First Nation and the government. Land use plans are reviewed through a public process and approved by federal, territorial and First Nations decision-makers
- The Dehcho Process in the Northwest Territories involves land use planning to identify and plan for conserving ecological and cultural values, as well as economic needs in Dehcho traditional territory. The Dehcho Land Use Planning Committee is comprised of federal, territorial and First Nation representation, and is responsible for devising a plan for the entire region.
-The Yukon Land Use Planning Council is an independent body that helps the government of Yukon, and First Nations coordinate their efforts to conduct regional land-use planning. According to the Council, “this planning is necessary to resolve land use and resource conflicts within Yukon’s regions. The plans ensure that use of lands and resources is consistent with social, cultural, economic and environmental values. These plans will build upon the traditional knowledge and experience of the residents of each region.” (http://www.planyukon.ca)
Ontario policy makers should use examples of successful land use planning initiatives when considering amendments to Bill 191. Past precedents, as well as First Nation and stakeholder input, all support the inclusion of a independent planning board to oversee land use planning in Ontario’s Far North. For Bill 191 to succeed, it needs to include an independent planning board that will allow First Nations to have an equal voice in land-use decisions.
Posted in Government.
Tagged with bill 191, boreal, Conservation, Far North, first nations, ontario.
By Catharine Grant
– August 28, 2009
The Toronto Star ran an editorial this weekend that discussed the concerns that many stakeholders have with Ontario’s Far North Act (Bill 191) as it’s currently written.
Based on our experiences at the hearings on the Act, and the concerns that we heard raised by various stakeholders, The Star is on the mark calling for an independent board to be set up to oversee land-use planning in Ontario. It also accurately points out the Act, as it stands does not create “the “true partnership” First Nations were promised” and “goes against the advice of the government’s own advisory council.” The piece suggests:
The province should consider including this in amended legislation to ensure it delivers on its stated vision of protection, and economic development, for Ontario’s far north. It would also go some way to bringing First Nations back into the fold.
We hope that the Far North Act will succeed, but it must be amended to reflect the commitments the Premier made to the people of Ontario in July 2008.
Several other jurisdictions that have successfully adopted an independent board to oversee land-use planning. We’ll be writing about some of them later this week.
Posted in Government, Media.
Tagged with bill 191, boreal, Conservation, Far North, first nations, ontario.
By Catharine Grant
– August 25, 2009
There was an interesting article posted on the New Scientist’s web site yesterday. Scientists studying the Arctic Ocean near Norway have found over 250 plumes of methane gas (a very serious greenhouse gas) bubbling up towards the surface. They suspect that the methane is from methane hydrate in water ice below the seabed, which warmer ocean temperatures are breaking down and releasing.
Although the scientists haven’t yet seen evidence that these plumes are releasing methane into the atmosphere, they are concerned that it may happen. According to the article,
The methane being released from hydrate in the 600-square-kilometre area studied probably adds up to 27 kilotonnes a year, which suggests that the entire hydrate deposit around Svalbard could be releasing 20 megatonnes a year. If methane began escaping at similar rates throughout the Arctic, it would dramatically increase methane levels in the atmosphere.
With scientists discovering more possible contributors to climate change, it is crucial for us to mitigate our greenhouse gas output wherever possible.
Protecting the Far North is one of our best opportunities to do exactly that. We can ensure that the large amounts of carbon dioxide (another harmful greenhouse gas) that are stored in the world’s boreal forest will remain stored rather than being released into the atmosphere. This is why Canada’s Far North Act is so important. This is why Premier McGuinty and the Standing Committee on the Far North Act need to make Bill 191 as strong as possible.
Posted in Science.
By Catharine Grant
– August 18, 2009
Today was the fifth and final public hearing on the Far North and Mining Modernization Acts (Bills 173 and 191). This installment, in Timmins, was well attended by prospectors, miners, First Nation communities and conservation groups. The four previous meetings were very critical of the Far North Act in its present form, and much of today’s hearing was no different.
The opposition members of the Standing Committee were especially critical of the Act, with Conservative MPP Randy Hillier taking the lead against the creation of conservation lands in the North. The NDP’s Gilles Bisson mused today that he would be surprised if the bills made it to second reading in the Ontario Legislature.
Every sector that was represented at these hearings want significant changes to Bill 191, but, at this point, prospectors and First Nations are the only ones who have asked for an outright withdrawal of the bill. The prospectors argue that protecting 50% of the Far North region, and requiring community approval for exploration will essentially shut down their industry. Considering that many First Nation communities in the region are actively interested in pursuing mining exploration that argument came off as overly alarmist. However, Opposition members in particular seemed to latch on to this issue.
First Nation concerns, however, are more complex, and have dominated these hearings. The First Nations who spoke at these meetings made it clear that the legislation does not give them enough of a role in planning for the region. Many of them want this Act to be scrapped as a result. Conservation groups have similar concerns as First Nations on this issue, but favour amendments to the Act rather than an outright withdrawal. Mining representatives also see the need for strong Far North legislation, and want an amended Act rather than a withdrawal.
There is a path forward, and we hope that Premier McGuinty will take the lead to ensure that the important concerns raised at these hearings are addressed. Solid Far North legislation can facilitate the development of a regional land use planning strategy that gives First Nations a meaningful role, while encouraging both development and conservation.
As we have seen in these hearings, it is widely believed that the Act, as it stands, does not reflect the commitments that the Premier made when he announced his government’s vision for the Far North in July of 2008. Without strong leadership from the Premier to rectify this, the Act will continue to face heated opposition from many sectors. For the Premier to fulfill his commitment, the Act needs to be altered in some significant ways.
The Government Standing Committee will be considering amendments to the Far North Act on September 14. Tune in then to find out if public concerns about the bill are taken seriously. In the meantime, check our blog to find about other important developments.
Posted in Government.
Tagged with bill 173, bill 191, boreal, Conservation, Far North, first nations, Mining, ontario, Timmins.
By Catharine Grant
– August 13, 2009
After stops in Toronto, Sioux Lookout and Thunder Bay, the Ontario government’s hearings on the Far North Protection and Planning Act and the Mining Modernization Acts (Bills 173 and 191) arrived in Chapleau today for the fourth of its five days. Attendance in Chapleau was good, despite the community’s remote location. Attendees at this session represented prospecting interests, conservation groups and First Nations.
Chapleau was also, today, the location of the Nishnawbe Aski Nation’s (NAN) summer assembly. This scheduling conflict was raised by NAN leaders in the first of these hearings, and it was expected that NAN would not be sending many representatives to the hearing as a result. This made the mid-afternoon arrival of NAN’s Frank Beardy and about thirty other NAN members quite a surprise.
Beardy, who is NAN’s lead negotiator, asked that, given the difficulty for his delegation to get to the hearing because of the scheduling conflict, they be given more than the standard fifteen minutes to present to the government’s Standing Committee. The NDP’s Gilles Bisson – a committee member – urged the committee to allow the extra time for NAN, and after conservation group ForestEthics offered to give up their allotted time, the committee agreed.
Beardy was very critical of the Standing Committee’s decision to hold this hearings this week when it knew that NAN was holding its summer assembly. He indicated that that his presence did not indicate that the Province has consulted First Nations on Bill 191.
Beardy opened his official remarks by reiterating that Premier McGuinty’s 2008 announcement of this Act indicated that there would be a “new relationship” and a “true partnership” between the Province of Ontario and First Nations that would “put First Nations in the driving seat” when it comes to land-use planning. Beardy suggested that, because the level of First Nations involvement in regional planning is at the Minister of Natural Resources’ discretion, Bill 191 fails to deliver on this promise. Beardy said that “The Ministry of Natural Resources (MNR) changed it from First Nations-led to MNR-controlled” and then pleaded to the committee to let First Nations “lead in the spirit of cooperation and respect.”
That position was reinforced by several NAN chiefs, and supported by the thirty community members – elders and youth – who filled the meeting hall. All of whom were opposed the Far North Act in its current incarnation. The Standing Committee was clearly affected by the dismay of the NAN representatives. They had heard of First Nations concerns on each of the first three days, but had yet to hear from such a large group,
This clearly signals that Bill 191 must be amended to formalise First Nations leadership in Far North planning. According to the Far North Advisory Council, the best way to accomplish this is with the creation of an independent board, with equal representation from the Province and First Nations to oversee planning in the region. This board has also been requested by NAN, has been adopted in other regions of Canada engaged in land use planning. The creation of such a planning board could go a long way to alleviating concerns about the Far North initiative being controlled by the Minister of Natural Resources.
Whether the Standing Committee decides to address the issues that have been raised all week – and especially today – remains to be seen. We will be in Timmins tomorrow at the final hearing, and will have a full report.
Posted in Government.
Tagged with bill 173, bill 191, boreal, Chapleau, Far North, first nations, ForestEthics, ontario.
By Catharine Grant
– August 12, 2009
The third day of Ontario government hearings on the Far North Protection and Planning Act and the Mining Modernization Act focused mostly on the Mining Modernization Act (Bill 173), with presentations from the Kitchenuhmaykoosib Inninuwug (KI) and Pic River First Nations, as well as the Métis Nation of Ontario, Grand Council for Treaty 3, and municipal and conservation groups. A common theme heard in today’s meeting was the need for the full consent and accommodation of communities affected by mining exploration. Prospecting organizations were also present, again arguing for less regulation of their industry.
The main discussion regarding the Far North Protection and Planning Act came from Chris Hodgson of the Ontario Mining Association (OMA). Hodgson says the OMA supports Bill 191, but would like to see the recommendations of the multi-party Far North Advisory Council incorporated into the legislation. Those recommendations suggest that the Ontario government should establish an independent board, with equal participation from the Province and First Nations, to oversee and coordinate the implementation of a regional strategy for land use planning. Hodgson also stated that economic objectives should be made explicit in the Far North Act, and that the government must made adequate funding available for land use planning – two other recommendations made by the Far North Advisory Council which have also been ignored by the government.
Hodgson’s statement counters the assumption that only conservation groups support protection in the Far North. When asked if the Premier’s vision for protection would jeopardize economic development, Hodgson replied that the 50% protection contained in the Act would in no way threaten the development of the mining industry, as long as clear rules and guidelines are established during the land use planning process. In response to Randy Hillier’s suggestion that only “environmentalists” were consulted about the Premier’s Far North initiative, Hodgson responded that the OMA was also been consulted in the lead-up to the announcement.
While Bill 191 needs to strengthened to ensure independent oversight and meaningful partnership with First Nations, it is telling that the largest industrial stakeholder in the Far North – the mining industry – believes that with a strong Act, conservation and economic development in the Far North can be mutually compatible.
Tomorrow’s hearing is in Chapleau, where the Nishnawbe Aski Nation (NAN) is also holding its summer assembly. Tune in to find out if NAN participates or boycotts the hearing.
Posted in Government.
Tagged with bill 173, Conservation, Far North, first nations, Mining, ontario, Thunder Bay.
By Catharine Grant
– August 11, 2009
We arrived in Sioux Lookout, Ontario, last night to attend the government’s second hearing on the Far North and Mining Modernization Acts (Bills 173 and 191). Today’s hearing followed a spirited debut at Queen’s Park in Toronto last Thursday. Stakeholders in Toronto were quick to stress that the issues of budget, independent oversight, and meaningful partnerships with First Nations were crucial to the success of Bill 191. In Sioux Lookout, Ontario’s “Gateway to the North,” these same issues were again front and centre despite the very different constituency that attended.
Despite a relatively poor turnout (possibly because of the unfortunate scheduling conflicts outlined in our last entry?), the hearing still saw its share of Far North stakeholders presenting to the Standing Committee. Prospectors, for example, were quick to make the predictable point that the Far North Act will scare away investment. Representatives from the Cat Lake and Slate Falls First Nations, however, showed their support for the Act’s impact on industry. Wilfred Wesley from Cat Lake First Nations was quite clear when he said that he doesn’t want his community “to make the same mistakes as in Southern Ontario” where development has proceeded planning. Cat Lake and State Falls, communities already engaged in comprehensive land use planning in Ontario’s Far North, indicated their support for Bill 191 this morning.
But, as Steve Winsor, Project Manager for the Cat Lake/Slate Falls planning initiative, cautioned, the Act needs to ensure that land use plans are the result of real joint decision making between communities and the Province. Although Cat Lake and Slate Falls support the Act, they are uncomfortable that the Act, as it stands, gives the Ministry of Natural Resources the power to trump community plans. They are also concerned about provisions in Bill 191 that would allow development to proceed before land use planning has been completed.
As it was in Toronto, funding was a critical issue at the Sioux Lookout hearing. The local communities engaged in land use planning have provided 80% of the resources for their initiative, and crucial data-collection has been put on hold due to a lack of funds. When asked by Standing Committee member Bill Mauro – the committee’s unofficial champion of the Bill – whether the communities had accessed any of the $30 million that had been set aside in the 2008 budget for land use planning, Wesley and Winsor told the hearing that they had been unable to access this funding. It appears that the $30 million is already entirely accounted for, and had already been earmarked by the time it was announced. This means no new money for communities that want to do land use planning, unless the government makes additional commitments.
Because of the number of major issues raised at the hearings in Toronto and Sioux Falls, Conservative and NDP Standing Committee members have asked for an extension of the committee’s deadline to allow for a careful consideration of possible amendments to the Act. The Liberal-dominated committee, perhaps with a public relations interest in a quick passage of the Act, voted against this proposal, and the amendment deadline remains September 7th. This is clearly frustrating to Opposition members, and to stakeholders who want to see significant amendments to the Bill.
It’s clear that the government is facing increased calls for additional consultation and key changes to Bill 191. Using these hearings as a productive dialogue with communities that actually live in the Far North will be crucial to the success of the initiative. So will addressing the issues of adequate funding and meaningful First Nations leadership in planning for the Far North.
We will be in Thunder Bay tomorrow for the third day of hearings, and will be posting our commentary at day’s end.
Posted in Government.
Tagged with bill 173, bill 191, boreal, Cat Lake, Far North, first nations, ontario, Sioux Lookout, Slate Falls.
By Catharine Grant
– August 10, 2009
The Boreal Futures Coalition was in attendance today at Ontario’s Queen’s Park as the government Standing Committee hearings on the Act with respect to land use planning and protection in the Far North and the Act to Amend the Ontario Mining Act (Bills 191 and 173) began today. These hearings represent a very important step in the government’s implementation of its commitment to promote economic development and protection in the Far North.
Members of the standing committee were greeted on the way into Queen’s Park by a rally held by First Nations groups who are opposing Bill 191. The Nishnawbe Aski Nation (NAN), led by Grand Chief Stan Beady, expressed their concerns that they were not being given the opportunity to participate in a “meaningful partnership” with the province, and were having the will of the Ministry of Natural Resources imposed on them. By holding the public hearings outside Far North communities, and by holding them at the same time as the NAN summer assembly, Beady suggested that the Government of Ontario was undermining First Nations’ interests, and he announced that NAN would be boycotting the hearing process as a result.
Stakeholders’ groups put forward a common call for an independent planning body, with equal participation from the province and First nations groups, to oversee the initiative. Committee members pointed to the fact that Bill 191 directs the Minister of Natural Resources to establish advisory bodies, and to “consider the role of First Nations,” but did not grasp that First Nations and other stakeholders want the government to fulfill its commitment to shared decision making, rather than at the MNR’s discretion.
The view that this Act doesn’t deliver what it promised was repeated throughout today’s hearings as various stakeholders presented to the Standing Committee. Conservation groups, who widely supported the original July 2008 commitment, feel that the Act, as it stands, does not meet the standards necessary to protect biodiversity and ecological processes, does not promote sustainable economic development, and does not provide the leadership role for First Nations that is necessary for success.
The issue of inadequate funding was widely raised by First Nations, industry and conservation groups. There is no new money allocated with the Act to facilitate land use planning. Parliamentary Assistant to Natural Resources Minister Cansfield, and Standing Committee member Bill Mauro frequently repeated that $30 million from the 2008 budget has been allocated to capacity-building for land-use planning. However a government advisory panel on the Far North has recommended that $100 million would be required in the next five years alone, which underscores the inadequacy of this small figure.
One Conservative member of Standing Committee seemed entirely opposed to the government’s vision for the Far North, repeatedly suggesting that conservation goals threaten economic development. However, even the rapid expansion of industry will only require a small portion of the Far North landbase, and conservation lands will also afford economic opportunities to local communities – several industry groups realize this and therefore supported the Premier’s 2008 announcement. If done properly, land use planning will allow Ontario to achieve both economic prosperity and conservation milestones.
Unfortunately, as the large-scale opposition to this Act showed today, the current Bill falls well short of its promise. Though it appears that Premier McGuinty understands the importance of this Act, the most crucial features that will help fight climate change, protect ecosystems, and ensure that First Nations have control over land-use decisions are not reflected in Bill 191. The government needs to take this process more seriously, heed the suggestions of its stakeholders today, and draft a stronger, more inclusive Act that will accomplish what Premier McGuinty promised it would in July of 2008.
The next hearing will take place in Sioux Lookout in Northwest Ontario on August 10th. We will be there, and blogging again.
Posted in Government.
Tagged with bill 173, bill 191, boreal, ecology, environment, Far North, first nations, ontario, Queen's Park.
By Catharine Grant
– August 6, 2009
