Far North Act, 2010, S.O. 2010, c. 18

• Jurisdiction: Ontario

Far North Act, 2010

S.O. 2010, CHAPTER 18

Consolidation Period: From December 9, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 40, Sched. 10, s. 1-11.

CONTENTS

Interpretation and Application

Purpose of the Act

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 peoples 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. 2010, c. 18, s. 1.

Definitions

2 In this Act,

“band” and “reserve” have the same meaning as in the Indian Act (Canada); (“bande”, “réserve”)

“community based land use plan” means a land use plan that has been prepared under section 9 and approved as required by that section; (“plan communautaire d’aménagement du territoire”)

“council” with respect to a band, has the same meaning as “council of the band” as defined in the Indian Act (Canada); (“conseil”)

“Far North” means,

(a) the portion of Ontario that lies north of the land consisting of,

(i) Woodland Caribou Provincial Park,

(ii) the following management units designated under section 7 of the Crown Forest Sustainability Act, 1994 as of May 1, 2009: Red Lake Forest, Trout Lake Forest, Lac Seul Forest and Caribou Forest,

(iii) Wabakimi Provincial Park, and

(iv) the following management units designated under section 7 of the Crown Forest Sustainability Act, 1994 as of May 1, 2009: Ogoki Forest, Kenogami Forest, Hearst Forest, Gordon Cosens Forest and Cochrane-Moose River, or

(b) the area, if any, that is set out in the regulations made under this Act and that describes the area described in clause (a) more specifically; (“Grand Nord”)

“Far North land use strategy” means the strategy for land use planning in the Far North that may be prepared under section 8; (“stratégie d’aménagement du Grand Nord”)

“Far North policy statement” means a policy statement issued by the Minister under subsection 7 (7); (“déclaration de principes sur le Grand Nord”)

“First Nation” means a band having one or more reserves set apart for it in the area of Treaty No. 5 or The James Bay Treaty - Treaty No. 9 which latter treaty was made in 1905 and 1906 with adhesions made in 1929 and 1930; (“Première Nation”)

“Minister” means the member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“planning area” means an area of public land in the Far North that is designated in an order made under subsection 9 (4); (“zone d’aménagement”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“protected area” means an area of land that is designated as such by a land use plan under clause 9 (9) (c) if the plan is approved as a community based land use plan; (“zone protégée”)

“public land” has the same meaning as in the Public Lands Act. (“terres publiques”) 2010, c. 18, s. 2; 2021, c. 40, Sched. 10, s. 1.

Section Amendments with date in force (d/m/y)

2021, c. 40, Sched. 10, s. 1 (1, 2) - 09/12/2021

Non-application of Act

3 This Act does not apply to,

(a) any part of a reserve;

(b) land vested in the Crown in right of Canada;

(c) any part of a municipality; or

(d) land that is not public land. 2010, c. 18, s. 3.

Orders under Act

4 (1) An order of the Minister or the Lieutenant Governor in Council made under this Act is not a regulation within the meaning of Part III of the Legislation Act, 2006. 2010, c. 18, s. 4 (1).

No hearing required

(2) The Minister or the Lieutenant Governor in Council is not required to hold or afford to a person an opportunity for a hearing before making an order under this Act. 2010, c. 18, s. 4 (2).

Publication

(3) The Minister shall post on the Government of Ontario site on the Internet a copy of the orders that the Minister and the Lieutenant Governor in Council make under this Act. 2010, c. 18, s. 4 (3).

Land Use Planning

Objectives for land use planning

5 The following are objectives for land use planning in the Far North:

1. A significant role for First Nations in the planning.

2. The protection of areas of cultural value in the Far North and the protection of ecological systems in the Far North by various means, including the designation of protected areas in community based land use plans.

3. The maintenance of biological diversity, ecological processes and ecological functions, including the storage and sequestration of carbon in the Far North.

4. Enabling sustainable economic development that benefits the First Nations. 2010, c. 18, s. 5; 2021, c. 40, Sched. 10, s. 2.

Section Amendments with date in force (d/m/y)

2021, c. 40, Sched. 10, s. 2 - 09/12/2021

Contributions by First Nations

6 Contributions of traditional knowledge and perspectives on protection, conservation and sustainable development made by First Nations for the purposes of land use planning under this Act shall be considered as land use planning is carried out under this Act. 2021, c. 40, Sched. 10, s. 3.

Section Amendments with date in force (d/m/y)

2021, c. 40, Sched. 10, s. 3 - 09/12/2021

Joint body

7 (1) If seven or more First Nations indicate to the Minister their interest in the establishment of a joint body that would perform the functions described in subsection (2) relating to land use planning in the Far North, and their commitment to participate in the joint body once established, the Minister shall participate in discussions with the First Nations regarding the terms of reference of the joint body. 2021, c. 40, Sched. 10, s. 4 (1).

Functions of the joint body

(2) The joint body may perform any of the following functions that are set out in its terms of reference:

1. Advising those involved in land use planning under this Act on the development, implementation and coordination of land use planning in the Far North in accordance with this Act.

2. Such other functions relating to the development, implementation and coordination of land use planning in the Far North as may be set out in the terms of reference, including making recommendations to those involved in land use planning under this Act on the following:

i. matters to be included in the Far North land use strategy, including statements that may be issued as Far North policy statements.

ii. appropriate dispute resolution processes for land use planning under this Act.

iii. funding to support First Nations working with Ontario on land use planning in the Far North. 2021, c. 40, Sched. 10, s. 4 (1).

First Nations who initiate and participate in discussions

(3) A First Nation may indicate its interest and commitment under subsection (1) and participate in discussions under that subsection only if the First Nation,

(a) has one or more reserves in the Far North; or

(b) despite not having a reserve in the Far North, has agreed with the Minister under subsection 9 (2) to prepare terms of reference to guide the preparation of a land use plan. 2021, c. 40, Sched. 10, s. 4 (1).

Participation of Indigenous organizations

(4) Upon request by an Indigenous organization, and with the agreement of the Minister and of the First Nations that participate in discussions under subsection (1), the Indigenous organization may become a participant in the discussions. 2021, c. 40, Sched. 10, s. 4 (1).

Joint work on terms of reference

(5) The Minister, First Nations and Indigenous organizations that participate in discussions under subsection (1) shall work together to prepare the terms of reference of the joint body. 2021, c. 40, Sched. 10, s. 4 (1).

Matters to be discussed

(6) The Minister, First Nations and Indigenous organizations that participate in discussions under subsection (1) shall consider the following matters for inclusion in the terms of reference of the joint body:

1. The composition of the joint body including,

i. the maximum and minimum numbers of members of the joint body, and

ii. the criteria that a person must meet to become a member of the joint body.

2. Who will be the first members of the joint body, and the processes for their withdrawal and replacement and for the addition of new members to the joint body.

3. The term for which the joint body will be established and whether the term should be for less than the five years referred to in subsection (6.7).

4. The functions of the joint body referred to in subsection (2) that the Minister and First Nations agree the joint body should perform.

5. The working groups or subcommittees that should be established to assist the joint body in carrying out its functions.

6. The procedures to be followed by the joint body in carrying out its functions.

7. The procedures for amending the terms of reference of the joint body.

8. Resources required to carry out the functions of the joint body.

9. How information related to the work of the joint body should be accessed or shared.

10. Any other matters with respect to the functions of the joint body that the Minister and First Nations agree should be addressed in the terms of reference. 2021, c. 40, Sched. 10, s. 4 (1).

Timeframe to finalize terms of reference

(6.1) If terms of reference for the joint body are not completed within 12 months after the day on which the first meeting to discuss the terms of reference for the joint body took place, the Minister and the First Nations that are participating in the discussions at the end of the 12 months shall review the progress and determine if they wish to continue to work together towards the completion of the terms of reference. 2021, c. 40, Sched. 10, s. 4 (1).

Approval of terms of reference

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