An Evaluation of Ontario Provincial Land Use and Resource Management Policies and Their Intersection with First Nations with Respect to Manifest and Latent Content - Summary Table: Author s Note December 1, 2015 This summary table entitled An Evaluation of Ontario Provincial Land Use and Resource Management Policies and Their Intersection with First Nations with Respect to Manifest and Latent Content represents a condensed version of the initial analysis executed in summer and revisited in spring to evaluate the manifest and latent content of 337 provincial texts. This research supported by various grants from the Social Sciences and Humanities Research Council of Canada (SSHRC) was completed as part of the requirements for a School of Urban and Regional Planning at Queen s University M.Pl thesis by Fraser McLeod entitled Finding Common Ground: Building Equitable Planning Futures with First Nations in Ontario, Canada. As part of this thesis research, additional analysis not included in this table was carried out, including subsequent rounds of targeted analysis, semi-structured interviews for validation purposes only and ongoing iterative discussions and active involvement by team members of the Planning With Indigenous Peoples (PWIP) Research Group at Queen s University (See www.queensu.ca/pwip). This table is a reduced version of the initial base that was expanded and used to execute further analysis from. It should be acknowledged that this table presented in this reduced and simplified form has limitations and does not capture the depth of the analysis to a certain degree. For instance, not all provincial texts examined as part of the analysis are included in this summary table. Accordingly, users are strongly recommended to refer to the peer-reviewed articled cited below. The article gives further insight and details into the manifest and latent content analysis and the categories and key terms used as part of the research, particularly those linked to honouring past Crown-First Nations relationships in contemporary provincial land use and resource management policies. Where minor differences or discrepancies do exist between this table and the article, the final published work shall be upheld as it reflects the expanded analysis and the active involvement of PWIP team members. Nevertheless, the summary table presented in its summary form represents a living document to assist in further discussions and research initiatives. For further information into the expanded analysis developed from the initial table and the broader findings of the research, please refer to: McLeod, F., Viswanathan, L., Whitelaw, G., Macbeth, J., King, C., McCarthy, D., Alexiuk, E. (2015). Finding Common Ground: A Critical Review of Land Use and Resource Management Policies in Ontario, Canada and their Intersection with First Nations. International Indigenous Policy Journal, 6 (1). For more information about the Planning with Indigenous Peoples (PWIP) Research Group, visit www.queensu.ca/pwip.
Acknowledgement Aboriginal & Treaty Rights (manifest a Honouring Past Crown-First Nations Relationships (latent Ministry of Municipal Affairs and Housing MMAH Planning Act Legislation 1990 2011-c. 6, Sched. 2 relation to "public bodies" Ministry of Municipal Affairs and Housing MMAH Planning Act Ontario Regulation 200/96 Minor Variance Applications Regulation 200/96 1996 O. Reg. 471/09. Chief of every First Nation council Ministry of Municipal Affairs and Housing MMAH Provincial Policy Statement Policy Statement 2005 N/A Vague- but based on Planning Act could liberally interpret "other public bodies and stakeholders" as including First Nations relation to "other public bodies and stakeholders" Ministry of Municipal Affairs and Housing MMAH Provincial Policy Statement Policy Statement N/A Aboriginal s / Aboriginal communities "This Provincial Policy Statement shall be implemented 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." Ministry of Municipal Affairs and Housing MMAH Municipal Act Legislation 2001 2011-c. 6, Sched. 1, s. 187 First Nations communities.. Ministry of Municipal Affairs and Housing MMAH Greenbelt Act Legislation 2005 2009, c. 12, Sched. L, s. 5. Ministry of Municipal Affairs and Housing MMAH Greenbelt Plan Provincial Plan 2005 N/A "The policies of this Plan do not affect any Aboriginal or treaty right recognized or affirmed by The Constitution Act, 1982. " Ministry of Municipal Affairs and Housing MMAH Oak Ridges Moraine Conservation Act Legislation 2001 2006-c. 21, Sched. F, ss. 122, 136 (1). Ministry of Municipal Affairs and Housing MMAH Oak Ridges Moraine Conservation Plan Provincial Plan 2002 No Amendments Aboriginal s "The policies of the Plan do not affect any Aboriginal or treaty right recognized or affirmed by the Constitution Act.". Ministry of Infrastructure MOI Places to Grow Act Legislation 2005 2009-c. 12, Sched. L, s. 18. relation to 'public bodies'. Ministry of Infrastructure MOI Growth Plan for the Greater Golden Horseshoe Provincial Plan 2006 Ministry of Infrastructure MOI Growth Plan for Northern Ontario, 2011 Provincial Plan 2011 No Amendments Aboriginal s "The Province will respect existing Aboriginal and treaty rights and Ontario will fulfill any duty to consult triggered in the implementation of this Plan." / or Aboriginal communities. Ministry of Consumer Services MCS Cemeteries Act Legislation 1990 2007-c. 8, sched.196 Aboriginal s of Canada / Aboriginal s communities. Ministry of the Environment MOE Clean Water Act Legislation 2006 2009-c.33 Sched. 15, s.2. Aboriginal s of Canada "For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal s of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2006, c. 22, s. 82." Ministry of Energy MOEnergy Green Energy Act Legislation 2009 2011-c.9 Sched. 27, s. 27. Aboriginal s "This Act shall be interpreted in a manner that is consistent with section 35 of the Constitution Act, 1982 and with the duty to consult aboriginal s. 2009, c. 12, Sched. A, s. 1 (2)." / or Aboriginal Ministry of the Environment MOE Lake Simcoe Protection Act Legislation 2008 2009-c. 33, Sched. 15, s. 6 Aboriginal communities / Aboriginal s of Canada "For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal s of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2008, c. 23, s. 21." Endangered Species Act Legislation 2007 No Amendments Aboriginal s of Canada / Aboriginal persons For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal or treaty rights of the aboriginal s of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2007, c. 6, s. 46.
Acknowledgement Aboriginal & Treaty Rights (manifest a Honouring Past Crown-First Nations Relationships (latent Ontario's Biodiversity Council OBC Ontario's Biodiversity Strategy 2011- Protecting What Sustains Us [Ontario Biodiversity Council] Report 2011 No Amendments Aboriginal communities The Far North Act [Bill 191] Legislation 2010 Current Status- Royal Assent received Chapter Number: S.O. 2010 C.18 First Nations "1. the purpose of this Act is to provide for community based land use planning in the Far North that, (a) sets out a joint planning process between the First Nations and Ontario; (b) supports the environmental, social and economic objectives for land use planning for the s of Ontario that are set out in section 5; and (c) 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." / or Aboriginal Public Lands Act Legislation 1990 2012, c. 8, Sched. 49. to duty consult in Guide For Crown Land Use Planning Guideline Document 2011 No Amendments Aboriginal s "Ontario respects Aboriginal and treaty rights protected by Section 35 of the Constitution Act, 1982 and is committed to meeting the province s constitutional and other legal obligations in respect of Aboriginal s in Crown land use planning and other activities." / or Aboriginal Strategic Direction For the Management of Ontario Crown Land Policy Statement (PL 1.01.01) 1993 No Amendments First Nations / Aboriginal "Responsible stewardship of Crown Land will ensure that Aboriginal have the continued opportunity to exercise treaty and Aboriginal rights at applicable locations and will allow for greater flexibility in the resolution of land and natural resource issues with Aboriginal " Trapline Buildings on Public Land Policy Statement (PL 3.03.06) 2006 No Amendments Aboriginal trappers and communities Restricted Areas- Section 13, Public Lands Act Policy Statement (PL 2.09.01) 2008 No Amendments Aboriginal communities and organizations Free Use Policy Policy Statement (PL 3.03.01) 2004 No Amendments Aboriginal communities "Many aboriginal communities have aboriginal and treaty rights that may be exercised on public land. Members of such communities may have the right to hunt, fish or carry out other activities on public land depending on traditional practices and the terms of treaties that they have entered into with the Crown." Restricted Areas- Section 13, Public Lands Act Policy Statement (PL 2.09.01) 2008 No Amendments Aboriginal communities and organizations Work Permits- Section 14 Public Lands Act Policy Statement (PL 3.03.04) 2007 N/A First Nations / Aboriginal community Unauthorized Occupation of Public Land Policy Statement (PL 3.03.02) 2007 N/A Aboriginal s of Canada "D) Recognize aboriginal and treaty rights that may exist, when reviewing and considering potential unauthorized occupations of land. Section 35 of the Constitution Act (1982) provides that existing aboriginal and treaty rights of the aboriginal s of Canada are hereby recognized and affirmed." Application Review and Land Disposition Process Policy Statement (PL 4.02.01) 2008 N/A Aboriginal communities "When reviewing options for land use occupational authority, the Ministry will have regard to: a) existence of Aboriginal or treaty rights; [ ]" / or Aboriginal Onshore Windpower Development on Crown Land Policy Statement (PL 4.10.04) 2010 N/A Aboriginal communities / or Aboriginal Road Allowances, Dedicated Roads and Crown Shoreline Reserves- Disposition Policy Statement (PL 4.11.03) 2009 N/A First Nation or Aboriginal land claim
Acknowledgement Aboriginal & Treaty Rights (manifest a Honouring Past Crown-First Nations Relationships (latent Waterpower Site Release- Crown Land Policy Statement (PL 4.10.05) 2010 N/A Aboriginal communities / Aboriginal interest / Aboriginal s "When disposing of rights to use Crown land or interests in Crown land, the Ministry will: [...] fulfill its duty to consult with Aboriginal s where its actions may adversely affect an established or asserted Aboriginal or treaty right; [ ]" / or Aboriginal Provincial Parks and Conservation Reserves Act Legislation 2006 2011 c. 9, Sched. 27, s. 37. Aboriginal s of Canada "4. Nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal s of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2006, c. 12, s. 4." Crown Forest Sustainability Act Legislation 1994 2011-c. 10, s. 28. beyond 'Aboriginal or treaty right' "This Act does not abrogate, derogate from or add to any aboriginal or treaty right that is recognized and affirmed by section 35 of the Constitution Act, 1982. 1994, c. 25, s. 6." Niagara Escarpment Planning and Development Act Legislation 1990 2009-c. 33, Sched. 22, s. 6. Niagara Escarpment Plan Provincial Plan 2005 - June 12 Ministry of Northern Development and Mines MNDM Mining Act Legislation 1990 2010- c. 18, s. 23. Aboriginal communities / Aboriginal consultation / Aboriginal cultural significance "2. The purpose of this Act is to encourage prospecting, staking and exploration for the development of mineral resources, in a manner 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, and to minimize the impact of these activities on public health and safety and the environment. 2009, c. 21, s. " / or Aboriginal Ministry of Northern Development and Mines MNDM Towards Developing An Aboriginal Consultation Approach for Mineral Sector Activities Discussion Paper 2007 N/A Aboriginal s/ Aboriginal communities/ Aboriginal groups "8. The type, scope and content of a duty to consult consultation process will depend on such factors as the extent of potential adverse effects, the nature of the activities involved and the strength of the claim to an asserted Aboriginal or treaty right." / or Aboriginal Ministry of Northern Development and Mines MNDM Ontario's Mineral Development Strategy Technical Document 2006 N/A Aboriginal partners / First Nation communities/ Aboriginal groups / Aboriginal representatives "Consultation Protocols- The government is committed to ensuring that mineral sector activities occur in a manner consistent with Ontario s consultation obligations related to Aboriginal and treaty rights [ ]" / or Aboriginal relation to First Nations and / or Aboriginal Ministry of Aboriginal Affairs MAA Draft Guidelines for Ministries on Consultation with Aboriginal Peoples Related to Aboriginal Rights and Treaty Rights Draft Document 2006 N/A Aboriginal s / Aboriginal communities "The Crown s duty to consult has its source in the honour of the Crown and the constitutional protection accorded Aboriginal rights and treaty rights under section 35 of the Constitution Act, 1982. [...]" / or Aboriginal relation to First Nations and / or Aboriginal Lakes and Rivers Improvement Act Legislation 1990 2012, c. 8, Sched. 26 Lakes and Rivers Improvement Act Technical Guidelines- Criteria and Standards For Approval Draft Document 2004 No amendments Lakes and River Improvement Act Administrative Guide Guideline Document 2011 No amendments Aboriginal s / Aboriginal consultation "Section 35 of the Canadian Charter of Rights and Freedoms has affirmed the treaty and aboriginal rights of Aboriginal s [ ]" / or Aboriginal relation to First Nations and / or Aboriginal Aggregate Resources Act Legislation 1990 2009, c. 33, Sched. 2, s. 3. Ontario- Category 9- Pit Above Water Technical Document 1997 No amendments Aboriginal organizations Ontario- Category 10- Pit Below Water Technical Document 1997 No amendments Aboriginal organizations Ontario- Category 11- Quarry Above Water Technical Document 1997 No amendments Aboriginal organizations Ontario- Category 12- Quarry Below Water Technical Document 1997 No amendments Aboriginal organizations
Acknowledgement Aboriginal & Treaty Rights (manifest a Honouring Past Crown-First Nations Relationships (latent Ontario- Category 13- Aggregate Permit Extraction for Land Under Water Technical Document 1997 No amendments Aboriginal organizations Licence Applications: Cultural Heritage Resource Report Standards Policy Statement- A.R. 2.01.08 2006 No amendments Aboriginal community heritage Wayside Permit Applications: Cultural Heritage Resource Report Standards Policy Statement- A.R. 3.01.06 2006 No amendments Aboriginal community heritage First Nations: Permit Issuance and Collection of Delinquent Fees/ Production Reports Policy Statement- A.R. 4.00.07 2007 No amendments First Nations Band "Aggregate resources on Crown land are not considered to be a part of a First Nation Band s treaty-right and, therefore, the Band is not entitled to the aggregate free of charge. " Algonquin Forestry Authority Act Legislation 1990 2007, c. 7, Sched. 7, s. 179. Fish and Wildlife Conservation Act Legislation 1997 2011, c. 9, Sched. 27, s. 26. Wilderness Areas Act Legislation 1990 2011, c. 9, Sched. 27, s. 41. Forestry Act Legislation 1990 2009, c. 33, Sched. 22, s. 4. Ministry of the Environment MOE Ontario Water Resources Act Legislation 1990 2011, c. 9, Sched. 27, s. 36. Ministry of the Environment MOE Pesticides Act Legislation 1990 2009, c. 33, Sched. 15, s. 9. Ministry of the Environment MOE Safe Drinking Water Act Legislation 2002 2010, c. 16, Sched. 7, s. 4. Ministry of the Environment MOE Toxics Reduction Act Legislation 2009 2010, c. 16, Sched. 7, s. 5. Ministry of the Environment MOE Water Opportunities Act Legislation 2010 2010, c. 19, Sched. 1, s. 45. Environmental Commissioner of Ontario ECO Environmental Bill of Rights Legislation 1993 2009, c. 33, Sched. 15, s. 4. Ministry of the Environment MOE Environmental Assessment Act Legislation 2009 2010-c. 16, Sched. 7, s.1 Ministry of the Environment MOE Environmental Assessment Act Code of Practice 2009 No Amendments Aboriginal communities 'Aboriginal rights and treaty rights are protected by section 35 of the Constitution Act, 1982. Aboriginal rights stem from the practices, customs and traditions, which are integral to the distinctive culture of the Aboriginal community claiming the right. Treaty rights stem from the signing of treaties by Aboriginal communities with the Crown.' / or Aboriginal Ministry of the Environment MOE Environmental Protection Act Legislation 1990 2010-c.16 Sched. 7, s.2.
Acknowledgement Aboriginal & Treaty Rights (manifest a Honouring Past Crown-First Nations Relationships (latent Ministry of the Environment MOE Ontario Regulation 359/09- Renewable Energy Approvals Under Part V.0.1 of the Act Regulation 2009 O. Reg. 333/12. Aboriginal communities "(1) A person who proposes to engage in a renewable energy project shall, (a) give the Director a draft of the project description report prepared in accordance with Table 1; and (b) obtain from the Director a list of aboriginal communities who, in the opinion of the Director, (i) have or may have constitutionally protected aboriginal or treaty rights that may be adversely impacted by the project, or (ii) otherwise may be interested in any negative environmental effects of the project. O. Reg. 359/09, s. 14 (1)." Yes, reference to consultation in relation to First Nations and / or Aboriginal Conservation Authorities Act Legislation 1990 2011-c. 9, Sched. 27, s. 22. Municipality - 'includes a band under the Indian Act (Canada) that is permitted to control, manage and expend its revenue under section 69 of that Act' Ministry of Tourism, Culture + Sport MTC Ontario Heritage Act Legislation 1990 2009, c. 33, Sched. 11, s. 6 Municipality - 'includes a band under the Indian Act (Canada) that is permitted to control, manage and expend its revenue money under section 69 of that Act;' a. Please note that in certain instances Aboriginal and Treaty rights were mentioned several times in one provincial text; however for the purposes of this summary table, only one example is listed. b. Please note that the classification and use of colours in this table are relative and primarily meant to assist in organizing and evaluating an individual document's capacity at recognizing and supporting First Nations, Aboriginal and treaty rights, and embodying past Crown First Nations relationships in relation to another - green (significant) ; yellow (moderate); red (minimal).users are strongly recommended to refer to Mcleod et al. () for further detail.