TURTLE ISLAND

 PROTOCOL BETWEEN THE
ALGONQUINS 
AND THE
ONTARIO MINISTRY OF NATURAL RESOURCES

 Version – May 13, 2002                                                           Without Prejudice to the Negotiations
PREAMBLE
 

This protocol outlines a cooperative process between the Algonquins and the Ministry of Natural Resources (MNR) to be used during the course of the treaty negotiations for proposed dispositions, re-designations or regulation of Crown land within the area indicated in Appendix A.  This process also includes the review by the Algonquins, of proposed OLL sites, identification of its concerns and establishment of a mechanism to resolve its concerns.  The sections of the protocol that outline the provisions relating to resource allocation are dealt with separately in the section entitled, Natural Resource Values Allocation.  This protocol will be superseded by any agreement on these matters resulting from the negotiations. 

This protocol and decisions made pursuant to it will be without prejudice to any existing Algonquin aboriginal or treaty rights or any final settlement resulting from the treaty negotiations.

AREA OF APPLICATION

This protocol will apply to the area of Ontario that is shown in Appendix A (except for Algonquin Provincial Park) and will be implemented by the relevant MNR districts that administer such areas, namely Bancroft, Kemptville, North Bay, Pembroke, Parry Sound and Peterborough Districts.  

It is understood that the geographic application of this protocol does not in any way bind either the Algonquins or Ontario as to the eventual geographic boundaries resulting from the Algonquin treaty negotiations, nor does it prejudice those treaty negotiations in any way.

Algonquin Provincial Park is not part of this protocol because there will be no sales of Crown land and no recommended OLL designations within Algonquin Provincial Park. 

PURPOSE

This document has been prepared to:

   establish a consistent procedure to be employed within the area of application as described above during the course of the treaty negotiations;

   establish the process for notification of the Algonquins respecting the proposed disposition of Crown land presently under the jurisdiction of the Ministry of Natural Resources;

   address the Algonquin's concerns resulting from the proposed dispositions;

   provide an opportunity for MNR and the Algonquins to resolve potential issues relating

     to the proposed regulation of OLL sites;

   establish a process for protecting the natural resources on those lands that may be identified by the Ontario and Algonquin negotiators as having specific interest to the Algonquins. This section of the protocol is confined to those resources that are allocated under the jurisdiction of the Ministry of Natural Resources.

CROWN LAND DISPOSITION REVIEW

Procedure

The following sets out a procedure for the review of Crown land dispositions contemplated within the area of the Algonquin land claim.  Parcels of land of 100 acres or more, or aggregations totalling 100 acres or more, and recreation camps shall not be considered for disposition during the life of this protocol unless there are exceptional circumstances.  In the event that exceptional circumstances arise, the proposed disposition will be addressed pursuant to the provisions outlined in the section entitled Procedure for Notification and Resolution of the Algonquin's Concerns.

For the purpose of the protocol the term “disposition” relates to the grant, transfer or sale of rights associated with land tenure. 

A.  Dispositions to be Reviewed:

All the following potential dispositions shall be reviewed under this protocol.

1.   Specific Tenanted Properties including Land Use Permits, License of Occupation, and Crown Leases

(a)   to upgrade existing tenure

(b)   new tenure proposals

-         only involve adjacent landowners

-         disposition through closed market (directly targeted sales)  

2.   Specific Water Lots – Typically involves legalization of an unauthorized occupation of the bed of a lake or river. Also upgrading tenure

 -     only involve adjacent landowners

 -     disposition through closed market (directly targeted sales)

3.   Isolated Crown and Acquired Lands

-         small discrete parcels surrounded by private property

-         disposition through closed markets (directly targeted)

4.   Improved Infrastructure Parcels

-    specific Crown owned sites with existing infrastructure

-         proposed disposition through appropriate means by Ontario Realty Corporation to be

     facilitated by MNR

5.      Others (not as described above) including but not limited to:

-    cottage lots in existing Crown subdivisions

-         parcels 100 acres or more (only in exceptional circumstances)

-         Crown shore reserves (66')

B.     Dispositions to proceed without review:

The following are not subject to the review process:

1.      The issuance of MNR's work permits for activities such as submarine cable installations, minor water crossings (culverts), boathouses over water, minor dredging, etc.

2.   Minor land dispositions that involve the dedicated additions of small portions of land such as slivers of land or irregular shaped parcels to rectify anomalies, adjacent to existing private lands.  These dispositions typically do not include public notice or tender and the disposition is a directly targeted sale. There are an estimated five instances of this type of disposition per year throughout the claim area.

 

REGULATION PROTOCOL FOR Ontario’s Living Legacy (OLL) AREAS

 

Purpose

The purpose of this section of the protocol is to provide an opportunity for MNR and the Algonquins to resolve potential issues relating to the regulation of proposed OLL sites in the area defined in Appendix A.

 

Principles of Participation

·        The parties endeavor to ensure that Algonquin values and interests are taken into account in Crown land use planning/disposition and/or designations in the land claim territory including the proposed regulated areas.

·        Any regulation of OLL sites is without prejudice to any existing Algonquin Aboriginal or treaty rights or any final settlement resulting from the treaty negotiations.

·        The implementation of Ontario’s Living Legacy can be used to identify joint stewardship and economic opportunities for the Algonquins and the province (eg: potential eco-tourism opportunities).

·        The process will identify issues while developing and assessing alternatives for resolution through an open communication process, consistent with the spirit of cooperation and the intent of this protocol.

 

PROCEDURE FOR NOTIFICATION AND RESOLUTION OF THE ALGONQUIN'S CONCERNS – Crown Land Disposition and OLL

MNR will notify the Algonquins of a request to MNR or proposal by MNR relating to a potential disposition of Crown land or a proposed regulation or re-designation of land, in the area delineated in Appendix A, as the result of OLL or any disposition as per the provisions of the protocol.

Notification shall take place by providing full details of the request or proposal to the Chief Negotiator at the Algonquin negotiation office with a copy to the regional representative.  The process will be based on an open communication process consistent with the spirit of cooperation and the intent of this protocol.  The Pembroke District Manager and the Chief Negotiator for the Algonquins will serve as the primary contacts.  

If the Algonquins express a concern related to a particular interest in the proposed disposition within 60 days, a meeting will be convened between MNR and the Algonquins to resolve the concern. This may include, but is not limited to a site specific, on the ground investigation.

Where appropriate the following steps/procedures may be employed:

1.      A working group will be established consisting of MNR and the Algonquins' representatives.

2.      OLL recommended protected areas shall be examined individually by the working group to determine where the regulation is compatible, is in conflict or where planning issues exist.  This review of sites should be viewed as an opportunity to reach consensus on the designation of sites.

3.      OLL sites identified for regulation may raise issues of resource use conflict or opportunity.  The process (Figure 1) may create a range of reasonable land and resource use scenarios and serve as a means of documenting outstanding issues.  If a scenario is identified that is acceptable, similar scenarios could be applied to other sites.

4.      Solutions may include:

a.      providing administrative access to sensitive areas (i.e. MNR’s Natural Resource Values Information, Native Values Mapping);

b.      designating special land use zones;

c.       developing cooperative/collaborative management agreements with the Algonquins;

d.      recognizing continued Algonquin uses via leases, permits, and other land use authorizations (ie. wild rice harvesting, hunt camps); and

e.      diverting or denying clearly incompatible land uses while identifying alternative solutions.

5.      The working group may arrive at an early consensus on a number of sites, however for those sites with outstanding issues the working group will develop a number of alternatives to be presented to the Algonquins and MNR.  The working group may prepare the initial draft of alternatives for presentation to the Chief Negotiator of the Algonquins and the Pembroke District Manager, for review and revision.

6.      In order to build a consensus for management direction, it is best to start with areas where there is general agreement. Areas of outstanding disagreement will then be subject to discussion to reach consensus on best use and management.

7.      The recommended direction in the management plan may incorporate components of earlier scenarios identified by the working group in addition to new elements. When presenting the options for consideration, preliminary scenarios will also be presented to help explain how the recommended direction was developed.

8.      The working group must ensure that an assessment of environmental, economic and social impacts of the options is conducted within the limits imposed by the information available.

If agreement does not occur the matter will be referred to the main negotiation table for resolution.  Insuch an instance, the request or proposed disposition or OLL designation shall not proceed except as may be determined at the main negotiation table.  The points outlined in #4 above need to be considered as part of such a determination.

 
DEFERRAL OF NATURAL RESOURCE ALLOCATION

The purpose of this section is to establish a process for protecting the natural resources on those lands that may be identified by the Ontario and Algonquin negotiators as having specific interest to the Algonquins.

 

Step 1: Scoping of land interests

When a general area of interest has been identified at the negotiation table, the parties shall provide a map of that area to MNR.  The general area will be an approximate area within which particular Algonquin land and natural resource interests may be identified.

 

MNR shall provide a report to the negotiation table of the natural resource allocations in that area, and the parties will use that report in the identification of specific areas of interest, including using it to attempt to avoid confrontations or to identify the particular stakeholders who must be dealt with in step 2.

 

Step 2:  Deferral of natural resource allocation

Once an area of specific interest has been identified by the negotiators, MNR will identify which
natural resource allocations may be deferred in order to protect the long-term physical integrity of
that area to meet the purposes of Algonquin interests.

 

The provisions outlined in this section will provide the parties the opportunity to identify specific resources and geographic areas of interest during the negotiation process.  Figure 2, defines the process for deferring resource allocations on Crown land.  The two fundamental tests for considering the deferral of resource allocation are that the resource value (e.g. timber ) and the geographic area (i.e. Lot, Concession, Township, map with defined boundaries) are identified by the Algonquins.

Where the Chief Negotiator for Ontario, the Chief Negotiator for the Algonquins and/or Algonquin negotiator(s) have agreed upon an area of specific interest to the Algonquins and the natural resource values in such an area need to be protected, the MNR will defer dispositions of natural resources under its jurisdiction for an agreed upon period of no more than one year or until an Agreement-in-Principle is ratified.

The process for implementing such deferrals of natural resource values under the jurisdiction of the MNR shall be initiated on the provision of notice from the Chief Negotiator for Ontario to the District Manager, Pembroke District.  Such notice shall identify the boundaries of the area where the deferral is to be implemented, the value(s) to be protected, the time period applicable to the deferral and shall specify that the deferral has been agreed upon by both the Chief Negotiator for the Algonquins, and/or the Algonquin negotiator(s) and the Chief Negotiator for Ontario.

Where natural resources have already been allocated in an area identified by the parties, the following provisions will apply:

1. The term of a current/active license/authority provided by the Crown will be allowed to run to its maturity unless practical alternative arrangements can be put in place with the third party holding the relevant legal tenure/right. Any financial component of such an arrangement will be referred to the negotiating table.

2. In extreme cases, the negotiators may recommend that the province implement the appropriate legal process/authority to revoke the authorization/the authority.

3. Unless required under legislation, renewal or re-issuance will only be considered on a case-by-case basis consistent with the purpose of the protocol.

NOTICE OF DISSOLUTION OF PROTOCOL

Either party may terminate their participation in the Protocol by providing 30 days notice in writing to the signatories of the Protocol.  

Turtle Island

Page created by: muckwa
Changes last made on: Sunday August 25, 2002