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protocol will be superseded by any agreement on these matters resulting from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.
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:
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.
Page created by: muckwa
Changes last made on: Sunday August 25, 2002