Eabametoong and Mishkeegogamang First Nations
Eabametoong and Mishkeegogamang First Nations
Eabametoong and Mishkeegogamang First Nations
Table of Contents
Foreword:....................................................................................................................... 1
1.0 Purpose / Reasons for planning.............................................................................. 3
2.0 Community based land use planning overview .................................................... 5
3.0 Planning Area: ......................................................................................................... 7
4.0 Desired outcomes for the Taa Shi Kay Win Land Use Plan ............................. 11
5.0 Process and Phases ................................................................................................ 14
Planning Teams: ........................................................................................................ 15
Responsibilities:......................................................................................................... 16
Authority:................................................................................................................... 17
Dispute Resolution .................................................................................................... 18
Consultation ............................................................................................................... 18
Interim Measures ....................................................................................................... 19
Information Management: ......................................................................................... 20
Contacts listed on page 22.
Figures:
Figure 1: Reference Map
Figure 2: Taashikaywin Area of Interest for Planning
Foreword:
Eabametoong First Nation and Mishkeegogamang First Nation have prepared this Terms
of Reference to guide the preparation of a Community Based Land Use Plan, a project
jointly led by the First Nations working together with Ontario, as represented by the
Ministry of Natural Resources (MNR) in the context of Ontarios Far North Land Use
Planning Initiative. The First Nations have given the name Taa Shi Kay Win
(Taashikaywin) to the project, which translates to our places on the Earth and in
natures realm, and/or our environment to this planning initiative.
This document is titled Terms of Reference Taashikaywin 2013 (Terms-2013). It is
approved by the First Nations (via Band Council Resolution) and the Minister of Natural
Resources under the Far North Act, effectively replacing a previously-approved Terms of
Reference dated April 13, 2010. Commitments from the 2010-approved Terms are
carried forward. The joint planning team has prepared Terms-2013 and sought new
approvals primarily to adopt and incorporate Far North Act provisions and requirements
for planning that came into effect in 2011 and to revise the guidance for designation of a
planning area. In addition, edits have been made where needed to ensure all contents are
up to date.
The Far North Act is a key component of Ontarios Far North Land Use Planning
Initiative as it provides a legal foundation 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
Taashikaywin will be guided by the First Nations and by the emerging policies and
processes established with the Far North Land Use Planning Initiative. Taashikaywin
provides a framework for integrating economic, social and environmental values, and
Taashikaywin 2013 Terms of Reference
Page 1
will address all land use subjects within the communities planning area. The resulting
Community Based Land Use Plan (The Plan) will be agreed to by the First Nations and
Ontario. Nothing in this Community Based Land Use Plan shall be construed so as to
abrogate or derogate from the protection provided for the existing aboriginal or treaty
rights of the aboriginal people of Canada as recognized and affirmed in section 35 of the
Constitution Act, 1982.
a result. All of this occurs upon the foundation of orderly development steps,
beginning with community-led planning.
The communities have decided to use the approach called community based land use
planning, as set out in the Far North Act. In response to the communities expressed
interest in planning, MNR is engaging in this joint planning project. Planning is to be led
by the respective First Nations in a manner that expresses the communities' principals,
values and direction.
Community based land use plans make decisions about where land use activities may
take place. Once a land use plan is in place, activities on the landscape must be consistent
with the plans land use designations.
the establishment of land use areas and their designations along with
identification of the development, land uses and activities that permitted or are not
permitted in those areas;
the cultural, social and economic well-being of First Nation people and Ontario;
a description of how the plan has addressed the significant features and land uses
for areas adjacent to the planning area.
The Plan will serve the First Nations and Ontario in future decision-making. In addition
to the description of land use areas, the plan will provide an expression of vision,
philosophy, goals and objectives related to lands and resource use, thereby providing a
context for decision-making in the planning area. This context is expressed by
Eabametoong and Mishkeegogamang First Nation in the statement in italics on the
following page.
An expression of context for decision making:
Taashikaywin 2013 Terms of Reference
Page 5
The land is an integral part of the cultural, economic and spiritual existence of our First Nations.
This relationship between the People and the land must be the cornerstone of all future decision
making. This philosophy expresses our intention to maintain the Anishnawbe relationship to the
land and to maintain the Anishinawbe way of life in harmony with new land use activities. These
new activities will be integrated with traditional land uses in a way that is guided by our
traditional values and principles.
Eabametoong First Nation and Mishkeegogamang First Nation
The Far North Act provides a legislative foundation to support Far North land use
planning as a joint process between First Nations and Ontario. The Far North Act sets out
planning matters including requirements for the planning process, contents of a plan, joint
approvals and designation of the planning area. The Act also sets out objectives for land
use planning:
These objectives have been taken into account in the preparation of the Terms of
Reference, and will be taken into account in the preparation of the land use plan.
To enable activities which are identified in the approved Community Based Land Use
Plan further requirements may exist such as an Environmental Assessment Act process, or
resource management planning. In the case of forest management, new Environmental
Assessment Act coverage is required, prior to the preparation of a forest management
plan.
was 663 people. A nursing station, a community centre, and the Missabay Community
School are components of the First Nations infrastructure. Access to Mishkeegogamang
is obtained from Highway 599, or the airport in Pickle Lake. Electricity is obtained from
the provincial grid. Mishkeegogamang was the location of the initial signing of Treaty
Nine in 1905.
The Eabametoong First Nation inhabits Fort Hope Reserve 64, which is located 362
kilometres north of Thunder Bay on Eabamet Lake, a portion of the Albany River. In
March 2007, the on-reserve population was 1,178 people, while the off-reserve
population was 1,006 people. Access to the First Nation is obtained year round by aircraft
and seasonally using winter roads. A library, a community centre, a nursing station, and
the John C. Yesno Education Centre are components of the First Nation`s infrastructure.
Electricity is obtained from the diesel generators. Treaty Nine was signed at
Eabametoong in 1905.
Eabametoong First Nation and Mishkeegogamang First Nation are members of the
Nishnawbe Aski Nation. Eabametoong First Nation and Mishkeegogamang First Nation
are members of the Matawa First Nation Tribal Council and the Independent First
Nations Alliance, respectively.
Pickle Lake, an incorporated municipality with 425 residents according to the 2011
Census, is located entirely within the planning area. Pickle Lake is serviced by an airport
and offers some services to the Mishkeegogamang First Nation. As well, Pickle Lake is
an important winter road and air transportation centre for several First Nations located to
the north.
A dialogue with Pickle Lake Mayor and council has been established to support the
exchange of information and provide opportunities for involvement in the planning
process. The Municipality of Pickle Lake has an Official Plan. Direction for Crown lands
adjacent to the municipality will seek to complement the direction for Crown lands
within the municipality.
While community based land use planning will focus on the traditional territories of
Eabametoong First Nation and Mishkeegogamang First Nation, additional consideration
will be given for landscape/eco-region planning and provincial context planning.
Input from a provincial perspective will provide the communities with views on
the broader economic, social and environmental implications of recommendations
arising from the land use plan. As previously noted, the Far North Act provides
objectives for planning. Additionally, the province will provide input and advice
about local and broad-scale matters such as conservation of ecological features
and functions, species at risk, networking of protected areas, strategies for
maintaining carbon storage and sequestration functions, transmission and road
corridors, and areas of high resource and economic development opportunities.
The planning area lies within Eco-Region 3S and Eco-District 3S-4, and
Ecoregion 2W and Ecodistrict 2W-3 following the Ontarios Ecological Land
Classification system. The eco-regions are defined by distinct geological and
geographical features and themes, with each eco-region having a particular
combination of climate, topography, land forms and soil.
4.0 Desired outcomes for the Taa Shi Kay Win Land Use Plan
The Taa Shi Kay Win land use plan will provide goals, objectives, principles and
direction that address the following land use subjects and outcomes:
Traditional and Customary Use: Traditional and customary use information will
be provided via both cultural inventory and input from the First Nations planning
team members. Expected outcomes are:
o Documentation of information and knowledge
o Identification and protection of old grave sites and other sensitive
traditional areas
o Principles to guide land and resource use decisions.
Conservation and Protection: The two First Nation communities have lived with
and on this land area for uncounted generations and view themselves as the
custodians of it. They will lead the process that describes the conservation and
protection measures for the area, working together with Ontario. Conservation and
protection measures will take into account the objectives for planning expressed
in the Far North Act including for protection of areas of cultural value and the
protection of ecological systems, the maintenance of biodiversity, ecological
processes and functions, including protection of species at risk and their habitat
and the storage and sequestration of carbon. The expected conservation and
protection outcomes for Taa Shi Kay Win are:
o Mapping of areas with high conservation/protection interest, including
emphasis on areas of cultural importance and valued ecological systems
o Strategic direction regarding the areas and manner in which they must be
conserved and/or protected
o Identification of areas and provision of management strategies for
conservation and/or protection of their traditional and sustaining land base
o Identification of one or more protected areas (e.g., Dedicated Protected
Areas, Parks or Conservation Reserves) based upon Aboriginal traditional
knowledge, design principles, landform/vegetation complex representation,
and additional analysis or tools provided by broad scale policy direction
o Recognition of existing protected areas (e.g., Albany River Park) and
review within the planning process to determine potential recommendations
concerning permitted uses and existing boundaries
o Recognition and respect for traditional uses protected by Aboriginal and
treaty rights
o Provisions that will contribute to protection of Species at Risk, including
woodland caribou, wolverine and lake sturgeon e.g. critical habitat
protection.
Recreation:
o Mapping of recreation potential and interests
o Strategic direction regarding the manner in which recreation interests will
proceed
o Provision of land use areas supporting recreation activities.
Taashikaywin 2013 Terms of Reference
Page 12
Renewable Energy:
o Identification of potential and land use designations to support community
and/or provincial interests in opportunities that may include hydroelectric
power development (see water conservation and protection) and wind
power.
Climate Change:
o Consideration of opportunities to contribute to the adaptation to and
mitigation of climate change, including the identification of areas that are
important sources of carbon storage.
Fire Management:
o An understanding of the relationship between the Ontario Fire Management
Strategy and existing or proposed land use activities
o Land use direction and priorities for fire management (consideration of
amendment(s) to the Ontario Fire Management Strategy may be needed).
Recommend Final Land Use Plan for approval by the councils of Eabametoong
and Mishkeegogamang First Nations and the Minister of Natural Resources
Responsibilities:
Eabametoong First Nation and Mishkeegogamang First Nation have planning
responsibilities that include the following:
Facilitating the understanding of, information on, and direction for traditional use,
traditional Aboriginal knowledge and cross-cultural dialogue with agencies,
stakeholders and the public.
Addressing policy and legislation requirements associated with the Far North Act.
Describing the mining sequence, and identifying areas of past and current mineral
sector activity
Giving advice on using this data to identify areas that may have social or
environmental implications, or offer economic opportunities
Authority:
The Far North Act identifies the requirements and authority for formal joint First Nation Ontario approvals, including for:
Approval of the Final Plan will be by Ministers Order under the Far North Act, 2010 and
by First Nation Band Council Resolution from each First Nation.
Prior to seeking approval of the Final Plan, the planning team will request that the
planning area be designated under the Far North Act via Minister's Order.
These terms of reference can be amended if required, in accordance with the Far North
Act.
The Eabametoong First Nation and Mishkeegogamang First Nation relationship to the
lands and resources will continue and will be reaffirmed through this process.
Once a land use plan is in place, activities on the landscape must be consistent with the
plans land use designations.
Following approval of the Community Based Land Use Plan, the planning partners will
address community and provincial obligations required to implement direction and
activities.
Dispute Resolution
The land use planning process has been structured to incorporate on-going dialogue and
feedback throughout the process. This offers a means to resolve issues and disputes
concerning planning matters.
The approach to deliberate and offer solutions to resolve issues identified by parties
external to the planning team or to resolve disagreements within the planning team, will
be a step-wise process including a review of the issue by:
The land use plan will be a policy posting on the Environmental Bill of Rights (EBR)
Environmental Registry, beginning with a proposal at the invitation to participate stage,
updating at Draft Plan stage, and concluding with a decision upon approval of the Final
Plan. Additionally, the Terms, Draft Plan and Final Plan will be posted on the Far North
website.
After the mail outs are distributed, meetings will be held to provide information on each
phase of the planning process and to solicit input into the land use plan. Comments and
submissions will be collected and the requirements of the following pieces of legislation
will be met: Far North Act, the Environmental Bill of Rights, and the Freedom of
Information and Protection of Privacy Act. Advance notice of Open Houses will be
mailed to all names on the mail out list. Documents that are produced through this
planning exercise will be made available for public review and comment. A summary of
comments will be available to the public at appropriate locations.
Open Houses will be held in both Eabametoong First Nation and Mishkeegogamang First
Nation (including the Municipality of Pickle Lake) and Thunder Bay. These Open
Houses will provide both local and regional access to the consultation opportunities.
Interim Measures
The Far North Act provides for orderly development in the Far North. Under the Far
North Act, Community Based Land Use Plans must be completed before most major
development begins, including commercial timber harvest or opening a new mine. The
Act does allow certain types of development to proceed in advance of a plan, provided
certain criteria are met. A development may also be allowed to proceed if it is determined
to be predominantly for community use or if it contributes directly to meeting community
needs of the First Nations and takes into account the objectives of the Act.
While the Community Based Land Use Plan initiative is underway, MNR, and
Mishkeegogamang and Eabametoong First Nations would expect that joint planning team
input would be invited to the consideration of development proposals and that decisions
would be consistent with the provisions of the Far North Act.
Taashikaywin 2013 Terms of Reference
Page 19
Information Management:
The planning process will require consideration of all available information to help
support and inform joint planning discussions while respecting and protecting Indigenous
Knowledge. A joint protocol between the community and MNR will be established that
will outline what information will be brought forward by each party and how it will be
used in the community based land use planning process.
All information provided by community members to support community input to the
planning process (i.e., Aboriginal Traditional Knowledge) will remain with the
community unless the community deems it shareable with the Province of Ontario.
Ontario will provide and support the planning team with its best available information
and data, to be used for the purpose of community based land use planning.
In addition, the joint planning team will identify appropriate information management
strategies for the information used to support the development of the CBLUP.
MNR will work with the joint planning team to ensure compliance with requirements for
information under the authority of the Far North Act, Freedom of Information and
Protection of Privacy Act and the Archives and Recordkeeping Act. Notices required for
public consultation purposes under the Far North Act and the Environmental Bill of
Rights will be the primary responsibility of the MNR. The subjects and results of all
consultation will be considered by the planning team and incorporated into the planning
process.
The joint planning team will oversee communications and delegate as required, including
developing and ensuring public notices are submitted as required, compile the appropriate
mailing list, initiate mail out of planning phase information, provide notice of meetings,
and any other information deemed appropriate.
All formal input and comments received during the planning process will be documented
and available as an official planning record. Copies of all formal input and comments
received during the process will be provided to the joint planning team.
Contacts:
Andy Yesno
Taashikaywin Liaison
Taashikaywin Liaison
P0T 1L0
Mishkeegogamang, Ontario
P0V 2H0
Jill Entwistle
Far North Senior Planner,
Ministry of Natural Resources
Northwest Regional Office, Suite 221a
435 James Street South
Thunder Bay, Ontario
P7E 6S8
(807) 475-1776; e-mail [email protected]