Far North Act, 2010

Interpretation and Application

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.

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 …

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.

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

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

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

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 s…

8 (1) The Minister may prepare a strategy to assist in the preparation of land use plans in the Far North under section 9 and to guide the integration of matters that are beyond the geographic scope of the planning area of each of those land use plans. 2021, c. 40, Sched. 10, s. 5. Objectives to consider (2) The Minister shall ensure that the objectives set out in section 5 and the advice, if any, provided by the joint body on matters related to the strategy are taken into account in the preparation of the strategy. 2021, c. 40, Sched. 10, s. 5. Contents of strategy (3) The Far North land use strategy shall contain all Far North policy statements issued from time to time and may contain, (a) policies relating to, (i) requirements and restrictions that apply to amending community based land use plans and the process for making the amendments, (ii) categories of land use designations that …

9 (1) If one or more First Nations having one or more reserves in the Far North indicate to the Minister their interest in initiating the planning process, the Minister shall work with them to prepare terms of reference to guide the designation of an area in the Far North as a planning area and the preparation of a land use plan for the purposes of this section. 2010, c. 18, s. 9 (1). Same, other First Nations (2) The Minister and one or more First Nations not having a reserve in the Far North that indicate to the Minister their interest in initiating the planning process may agree to work with each other to prepare the terms of reference. 2010, c. 18, s. 9 (2). Joint planning team (3) The First Nations that work with the Minister under subsection (1) or (2) and the Minister shall, (a) create a joint planning team that the parties shall use when preparing the terms of reference, the land…

10 (1) Any of the First Nations that have approved a community based land use plan or the Minister may, with respect to land use designations in the planning area, the designation of protected areas in the planning area or the specification of permitted land uses in the planning area propose an amendment to the plan in accordance with any prescribed requirements and restrictions. 2010, c. 18, s. 10 (1); 2021, c. 40, Sched. 10, s. 7. Process for amendment (2) Subsections 9 (7), (9), (10) and (14) to (20) apply to a proposed amendment to a community based land use plan, reading references to a land use plan as references to the proposed amendment and references to the First Nations that prepared the plan with the Minister as references to the First Nations that approved the plan. 2010, c. 18, s. 10 (2). Amended planning area (3) The Minister may make an order amending the boundaries of a p…

11 (1) After a community based land use plan is approved under section 9 for a planning area, the council of each of the First Nations may jointly request that the Minister make a regulation specifying the boundaries of a protected area in the planning area. 2010, c. 18, s. 11 (1). Procedure (2) For greater certainty, nothing in section 9 applies to the making of a regulation under subsection (1). 2010, c. 18, s. 11 (2). Effect of regulation (3) The boundaries of a protected area that are specified in a regulation made under subsection (1) supersede the boundaries of the area that are specified in the designation of the area made by the community based land use plan that applies to the area. 2010, c. 18, s. 11 (3). Amended publication (4) Upon making a regulation under subsection (1), the Minister shall amend the copy of the community based land use plan posted on the Government of Ontar…

12 Repealed: 2021, c. 40, Sched. 10, s. 8. Section Amendments with date in force (d/m/y) 2010, c. 18, s. 22 (3) - no effect - see 2021, c. 40, Sched. 10, s. 8 - 09/12/2021 2021, c. 40, Sched. 10, s. 8 - 09/12/2021

13 (1) If there is no community based land use plan for an area in the Far North, a First Nation may request that the Minister make an order designating the area as an area of provisional protection. 2010, c. 18, s. 13 (1). Order (2) At the request of a First Nation under subsection (1) or on his or her own initiative, the Minister may make the order described in that subsection if the Minister is of the opinion that the prescribed criteria have been met. 2010, c. 18, s. 13 (2). Effect of order (3) An order designating an area as an area of provisional protection shall specify the developments, land uses and activities that are not permitted in the area, subject to the restriction that no person shall carry on any of the developments, land uses and activities described in any of paragraphs 2 to 6 of subsection 14 (2) in the area. 2010, c. 18, s. 13 (3). Withdrawing land from mining claim…

14 (1) If there is a community based land use plan for a planning area, no person shall make any decision under an Act respecting the allocation, disposition or use of public land and natural resources in the area or carry on any activity in the area that is related to that allocation, disposition or use unless the decision or the activity, as the case may be, is consistent with the land use designations and permitted land uses specified in the plan and any permitted activities prescribed for the purpose of the plan. 2010, c. 18, s. 14 (1); 2021, c. 40, Sched. 10, s. 10 (1). Protected areas (2) No person shall carry on any of the following developments, land uses and activities in a protected area: 1. Prospecting, mining claim registration or mineral exploration. 2. Opening a mine if: i. the person is required to file a closure plan for the mine under section 141 of the Mining Act in ord…

15 (1) The Minister may, by order, require any person to stop any activity that, in the opinion of the Minister, is in contravention of subsection 14 (1) or (2). 2010, c. 18, s. 15 (1). Compliance (2) No person shall contravene or fail to comply with the Minister’s order. 2010, c. 18, s. 15 (2). Offence (3) Every person who contravenes subsection (2) is guilty of an offence and on conviction is liable to a fine of not more than $10,000 and to an additional fine of not more than $1,000 for each day during which the offence continues. 2010, c. 18, s. 15 (3).

General

16 The Minister may enter into agreements for the purpose of enabling land use planning in the Far North in accordance with this Act. 2010, c. 18, s. 16.

17 Despite any other Act, the Minister’s authority to do anything under this Act is not affected or restricted by a growth plan approved under section 7 of the Places to Grow Act, 2005, including all amendments to the plan. 2010, c. 18, s. 17.

18 For the purposes of this Act, the Minister may collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act. 2010, c. 18, s. 18.

19 (1) In this section, “person” includes the Crown and its employees and agents, members of the Executive Council and their employees and agents. 2010, c. 18, s. 19 (1). No cause of action (2) No cause of action arises as a direct or indirect result of, (a) the enactment or repeal of any provision of this Act; (b) the making or revocation of any provision of the regulations made under this Act; (c) the preparation of a community based land use plan or the preparation of an amendment to such a plan; (d) anything done or not done in accordance with this Act or the regulations made under it; or (e) any act done in good faith in the performance or intended performance of any duty or in the exercise or intended exercise of any power under this Act or the regulations made under it or any neglect or default in the performance or exercise in good faith of such duty or power. 2010, c. 18, s. 19 …

20 (1) If there is a conflict between a provision of this Act and a provision of the Places to Grow Act, 2005, the provision of this Act prevails. 2010, c. 18, s. 20 (1). Definition (2) In this section, “growth plan” means a growth plan approved under section 7 of the Places to Grow Act, 2005, including all amendments to the plan. 2010, c. 18, s. 20 (2). Conflict, Far North land use strategy (3) Despite any other Act, if there is a conflict on matters related to land use between a growth plan and the Far North land use strategy, the strategy prevails. 2010, c. 18, s. 20 (3). Same, community based land use plan (4) Despite any other Act, if there is a conflict on matters related to land use between a growth plan and the matters that subsection 9 (9) requires be included in a community based land use plan, those matters included in the community based land use plan prevail. 2010, c. 18, s.…

21 (1) The Lieutenant Governor in Council may make regulations describing the boundaries of the Far North. 2010, c. 18, s. 21 (1). Same, Minister (2) The Minister may make regulations, (a) specifying anything that this Act describes as being prescribed; (b) specifying requirements and restrictions that apply to amendments that parties who prepared a community based land use plan propose to the plan under subsection 10 (1), including the nature of the amendments that they can propose, the times at which they can propose the amendments and the process governing the making of the amendments; (c) specifying categories of land use designations in a planning area and the developments, land uses and activities that are permitted or are not permitted in a category of land use designation; (d) specifying categories of protected areas and the developments, land uses and activities that are permitt…

22 Omitted (provides for amendments to this Act). 2010, c. 18, s. 22; 2021, c. 40, Sched. 10, s. 11. Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 10, s. 11 - 09/12/2021

23-25 Omitted (amends, repeals or revokes other legislation). 2010, c. 18, ss. 23-25.

26 Omitted (provides for coming into force of provisions of this Act). 2010, c. 18, s. 26.

27 Omitted (enacts short title of this Act). 2010, c. 18, s. 27. ______________