Development of a Minister's Regulation for Provisional Protection under the Far North Act, 2010 (S.O. 2010, Chapter 18)
Regulation - Minister
Bill or Act:
Far North Act, 2010
Summary of Proposal:
It is proposed that provisional protection would be used for areas where there is an interest in long-term protection. The provisionally protected area could be refined through the planning process and associated consultation before protected area designations are finalized. It is further proposed that areas for provisional protection would not be placed over existing tenure that is inconsistent with a protected area designation under the Far North Act. First Nation and provincial environmental, economic and social interests would be considered when evaluating requests for provisional protection. The Ministry of Natural Resources will work with the Ministry of Northern Development and Mines and other ministries in evaluating requests.
The Far North Act requires that areas to be provisionally protected must meet specific criteria which would be set out in regulation. The Provisional Protection Workbook describes a proposed approach to help guide the development of the criteria in the regulation and related policy and procedures. The proposed approach in the workbook includes:
1. Eligible areas would have ecological, cultural and/or heritage values for First Nations and/or the Province.
2. A First Nation or the Province may make a request for provisional protection at any time during the planning process prior to a final plan. Proposals for designating areas for provisional protection would be tabled through the joint planning team. The designation would come into effect no earlier than with approval of the Terms of Reference for community based land use planning by a First Nation and Ontario.
3. Types of information considered in evaluating requests for the designation of an area of provisional protection would include:
- Identification of the area being requested, and appropriate documentation identifying the ecological, cultural and/or heritage value.
- An expression of community and/or provincial interests and the rationale for seeking provisional protection.
- The best available environmental, social and economic information about the area, including that information which is available through the community based land use planning process (i.e. Aboriginal Traditional Knowledge, physical, biophysical, and existing land uses).
- Identification of those developments, land uses and activities that the requester thinks would be incompatible with protection of the value(s) identified.
4. The designation would be reviewed after 3 years or prior to releasing the Draft Community Based Land Use Plan for public consultation, whichever occurs first, to determine whether the designation is still appropriate or whether the provisional protection designation should be maintained, revised or removed.
Please provide your feedback on a proposed approach to a Minister's regulation on provisional protection under the Far North Act, 2010.
April 30, 2013
Comments Due Date:
July 2, 2013