Schedule 5 - Order in Council 1901/2017

Interim Measures Agreement

This Agreement made this 5^th day of August, 1991.

between:

fort william first nation

michipicoten first nation

pays plat first nation

pic mobert first nation

rocky bay first nation

sandpoint first nation

(hereinafter referred to as the “First Nations”)

- and -

government of canada

(“hereinafter referred to as “Canada”)

- and -

government of ontario

(hereinafter referred to as “Ontario”)

whereas Canada, Ontario and the First Nations have signed a Framework Agreement to enter into negotiations to reach Agreements regarding Land and a larger land base;

and whereas the parties wish to work towards balancing the preservation of the Land, surface and subsurface minerals and resources, air quality, water and aquatic life, wildlife and natural resources, both renewable and non-renewable, around the First Nations in as pristine a state as is possible in order to ensure traditional First Nation pursuits such as hunting, trapping, gathering and fishing, and the quiet enjoyment thereof, with ensuring economic future development, community development, and other forms of development for the First Nations and the people of Ontario;

and whereas the parties wish to establish a procedure for reviewing and resolving issues that impact on the First Nations during these negotiations and for making recommendations to the Parties to resolve these issues;

and whereas the parties wish to establish a procedure for notifying First Nations of planned developments, dispositions and activities which may have a significant impact on those First Nations;

and whereas the parties wish to ensure that the First Nations have adequate resources to properly respond to the above notices;

now therefore this agreement witnesseth that the parties hereto, in consideration of the mutual covenants hereinafter set out, agree as follows:

1. Purpose
   1. The general purpose of this Agreement is twofold:
      1. To establish a procedure to review issues of concern to one or more First Nations, or any of the parties, and to make recommendations to the parties to resolve these issues; and
      2. To ensure the notification of First Nations and the Ojibway 1850 Treaty Council of significant planned developments, dispositions and other activities and events which relate to the subject matter of the Framework Agreement regarding Land and a larger land base, including but not limited to working towards balancing the following: 1) ensuring and maintaining a pristine environment and unspoiled wilderness; 2) developing and managing land for surface harvesting of renewable resources; 3) developing, managing and reclaiming land for subsurface mineral extraction; 4) water management and possible exporting; 5) economic and socio-economic development; and 6) meeting social needs.
2. Scope
   1. These provisions apply to Crown lands in Ontario within the boundaries set out in the map attached to this Agreement as Schedule “A”.
3. Duration
   1. This Agreement shall take effect upon a date agreed to by the parties, in writing, which reflects the formal commencement of negotiations on Land and a larger land base, and shall remain in effect for the duration of the negotiations pursuant to the Framework Agreement, signed by the parties and dated the 5th day of August, 1991.
   2. The parties may, by agreement in writing, amend or terminate this Agreement on the same terms and conditions as contained in the Framework Agreement, signed by the parties and dated the 5th day of August, 1991.
   3. The parties agree to revisit this Interim Measures Agreement after it has been in force for a period of six months, and all parties agree to reopen the negotiations regarding this Interim Measures Agreement at that time, should any one of the parties so request.
   4. With respect to mining activities the parties hereby acknowledge a special difficulty regarding the operation of this Agreement and notice provisions as they relate to mining activity and the Mining Act, R.S.O. 1980, c. 268 as amended and other statutes such as the Forest Fires Prevention Act and the Public Lands Act, and accordingly the parties agree that the notification provisions of paragraphs 6.1 and 6.2 of this Agreement do not apply to mining activities and all parties further agree to revisit this issue pursuant to section 3.3 above unless the parties reach an agreement on this issue in the interim.
   5. The parties agree that wherever mining is referred to in this Agreement it shall include mineral exploration and mineral activities including reclamation.
4. Interim measures group
   1. An Interim Measures Group shall be established by the parties.
   2. The Interim Measures Group will make recommendations to the parties to resolve issues in accordance with the process outlined in Section 5.
   3. The Interim Measures Group will be an ad hoc group which will consist of one representative each from Canada, Ontario and the First Nations, at a senior level.
   4. The Indian Commission of Ontario will chair and act as a process facilitator to the Interim Measures Group and will keep all parties informed of the activities of the Interim Measures Group.
5. Review & Recommendation Process
   1. Any party, or individual First Nation, may bring an issue to the Interim Measures Group, in written form, on notice to all parties, provided that the issue so brought relates to the subject matter of the negotiations pursuant to the Framework Agreement.
   2. The Interim Measures Group shall review all issues brought to it. The Interim Measures Group shall make recommendations to the parties to this Agreement to resolve the issue in writing or otherwise, if the issue falls within the subject matter of the Framework Agreement relating to, or affecting, Land and a larger land base, including but not limited to working towards balancing the following: 1) ensuring and maintaining a pristine environment and unspoiled wilderness; 2) developing and managing land for surface harvesting of renewable resources; 3) developing, managing and reclaiming land for subsurface mineral extraction; 4) water management and possible exporting; 5) economic and socio-economic development; and 6) meeting social needs.
   3. The parties, and each of the First Nations, agree that prior to bringing an issue to the Interim Measures Group, each party will make reasonable efforts to resolve the issues utilizing existing processes, and that in extraordinary circumstances the issue can be brought concurrently to the Interim Measures Group and existing processes.
   4. The Interim Measures Group shall strive for consensus in its recommendations; however, where the recommendations of the Interim Measures Group are not unanimous, then any recommendation shall state the position of each of the parties with respect to that recommendation.
   5. The recommendations of the Interim Measures Group to the parties may include the recommendation that the issue be resolved utilizing any existing process available to the parties, or that a new approach be taken to the resolution of the issue, or that a new approach be taken to the resolution of the issue, or that a new process be developed, and may include such ancillary recommendations as may be appropriate, and may include recommendations regarding resources to address same for the First Nations.
   6. The parties will keep the Interim Measures Group and the Indian Commission of Ontario apprised of the progress of any issue resolution initiated as a result of the Interim Measures Group’s recommendations.
6. Notification
   1. Canada and Ontario hereby agree to notify any affected First Nation(s), and for informational purposes the Ojibway 1850 Treaty Council, of any application for or request for approval of any significant planned developments, dispositions or activities relating to, or affecting, Land and a larger land base, including but not limited to working towards balancing the following: 1) ensuring and maintaining a pristine environment and unspoiled wilderness; 2) developing and managing land for surface harvesting of renewable resources; 3) developing, managing and reclaiming land for subsurface mineral extraction; 4) water management and possible exporting; 5) economic and socio-economic development; and 6) meeting social needs.
   2. It is agreed between the parties that “Planned developments, dispositions or activities”, referred to in Section 6.1, shall be those which significantly increase impact on resources on Crown Lands or Indian Lands and shall include, but not be limited to, the following:
      1. applications for land use permits, licences of occupation, letters patent and land use plans, pursuant to the Public Lands Act, R.S.O., 1980 c. 413, as amended,
      2. applications for licences for the harvesting of wild rice pursuant to the Wild Rice Harvesting Act, R.S.O. 1980, c. 532, as amended.
      3. applications for commercial fishing licences pursuant to the Fisheries Act, R.S.C. 1970 c F-14, 1970, as amended and/or the Game and Fish Act, R.S.O. 1980 c. 182, as amended.
      4. forest management agreements, timber management plans and district cutting licences pursuant to the Crown Timber Act, R.S.O. 1980 c. 109, as amended,
      5. applications for work permits pursuant to the Forest Fires Prevent Act, R.S.O. 1980 c. 173, as amended.
      6. applications for permits to take, or discharge, water pursuant to the Ontario Water Resources Act, R.S.O., 1980 c. 361, as amended,
      7. applications for approvals pursuant to the Lakes and Rivers Improvement Act, R.S.O.  1980 c. 229, as amended,
      8. applications for trapping licences pursuant to the Game and Fish Act, R.S.O., 1980 c. 182, as amended,
      9. applications for certificates of approval under the Environmental Protection Act, R.S.O., 1980 c. 141, as amended,
      10. applications for tourist establishment licences under the Tourism Act, R.S.O., 1980 c. 507, as amended,
      11. applications for exemptions from and designations under the Environmental Assessment Act, R.S.O. 1980 c. 140, as amended,
      12. potential hydro electric developments and transmission corridors under active consideration,
      13. potential provincial and national park sites under active consideration,
      14. waste storage sites under active consideration,
      15. changes in municipal boundaries pursuant to the Municipal Act, R.S.O. 1980, c. 302, as amended.
   3. The notification required pursuant to Section 6 of this Agreement shall be given at the earliest possible opportunity, and
      1. The government authority notifying the affected First Nation(s), and the Ojibway 1850 Treaty Council, shall not proceed to grant a permit or authority for the planned development, disposition or activity for a period of sixty (60) days following such notification, unless the affected First Nation(s) should consent in writing to an earlier granting of the permit or authority, and
      2. Where notification as required by Section 6.3 (b) is not reasonably practicable or may endanger human life, a government authority may grant a permit or authority for a planned development, disposition, or activity without providing the notification required by Section 6.3 (b). In such cases, the government authority shall provide notice to the affected First Nation(s), and the Ojibway 1850 Treaty Council, immediately upon the granting of such permit or authority.
   4. The government authority giving the notification under this section (6.0 notification) shall provide sufficient information to enable the affected First Nation(s) to make a preliminary assessment of the planned development, disposition or activity and shall, where possible, provide to the affected First Nation(s) a statement in writing outlining:
      1. the purpose  of the planned development, disposition, or activity;
      2. the nature and extent of the planned development, disposition, or activity; and
      3. information and technical data in sufficient detail to permit preliminary assessment of the planned development, disposition, or activity.
   5. The affected First Nation(s) may, as soon as is practicable subsequent to receiving notification pursuant to this section, and in any event within the minimum sixty (60) day notice period, file a written objection with the parties in accordance with section 5.3 and request that the matter be referred to the Interim Measures Group established in Section 4 of this Agreement. The government authority receiving a written objection shall not proceed to grant the permit or authority for the planned development, disposition, or activity, until the matter has been fully dealt with by the Interim Measures Group (which the parties agree shall be within the minimum sixty (60) day notice period).  Where the permit or authority in question is an extension or renewal of an existing right, then that right shall be deemed to automatically remain in force while the matter is being considered by the Interim Measures Group.
   6. It is understood among the parties that the government authority may issue a permit or authority after the expiry of the sixty (60) day notice period.
   7. Canada and Ontario agree to provide the First Nations and/or the Ojibway 1850 Treaty Council with appropriate resources to respond properly to notice under this Agreement and to properly participate in the processes that it creates, in accordance with budgets and workplans to be agreed upon.
   8. Nothing in this Agreement shall be construed as a requirement of any party to make available information that is by law privileged or exempt from disclosure.
   9. Any party, or the Ojibway 1850 Treaty Council, which believes that the appropriate government authority has not provided notification in accordance with this section, may notify the Indian Commission of Ontario, which shall then bring the matter to the attention of the said government authority, or the Interim Measures Group, as is appropriate in the circumstances.
7. General
   1. In the event that one (or more) First Nation has entered into, or enters into, a specific agreement with Canada and/or Ontario relating to Land and a larger land base, then the provisions of that specific agreement with respect to notification and/or issue resolution shall apply and the provisions of this Agreement shall not apply unless incorporated into such specific agreement.
   2. The parties agree that nothing in this Agreement shall be so construed as to affect, derogate from or abrogate aboriginal, treaty, constitutional, or any other rights of the aboriginal parties or their members or of Ontario or of Canada, or as an acknowledgement by any party of any right asserted by any other party or of the validity of any claims asserted by any other party.

in witness whereof the parties hereto have signed this Agreement on the day and year first above written.

Notification area

Schedule “A” to the Interim Measures Agreement dated August 5, 1991

The numbers one through five (1 – 5) and First Nations shown on the Notification Area map are approximate and subject to confirmation.

This map is not a legal document and may contain errors or omissions.

Source: Unknown, scale 1:3 200 000

Schedule “A” to the interim measures agreement dated August 5, 1991

index to map of notification area

Number on map	First Nation
1.	Fort William
2.	Michipicoten
3.	Pays Plat
4.	Pic Mobert
5.	Rocky Bay
6.	Sandpoint (no land base at present)

Ontario – Location of Indian Reserves, Settlements and Major Urban Community

The geographic region of Ontario.

The First Nations shown on the Ontario Location of Indian Reserves, Settlements and Major Urban Community map are approximate and subject to confirmation.

This map is not a legal document and may contain errors or omissions.

source: Indian Atlas, scale 1:8 333 33

 

Order in Council 1901/2017