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Day: October 5, 2010

[Ontario Far North Act] Canada’s Worst Government – by Terence Corcoran (National Post-October 16, 2009)

 Terence Corcoran is the Financial Post editor, the business sector of the  National Post, Canada’s second largest national paper. This article was originally published on October 16, 2009.

Every now and then a province falls into the hands of blundering politicians so inept that their government ends up deserving of the title “Canada’s Worst Government.” It’s a rare award.  At any time somebody has to be the worst, but no award for routine bottom-of-the-barrel performance seems necessary.  Occasionally, however, the metric of incompetence is so large and conspicuous it demands special recognition.  The Liberal regime of Ontario Premier Dalton McGuinty, now slipping into deep deficits that are likely to exceed $30-billion over two years and continue into the future, has hit the tipping point and triggered its candidacy as Canada’s Worst Government.

The new deficit outlook, announced yesterday and to be documented in a fiscal statement next week, comes in the wake of Ontario’s $1-billion eHealth fiasco. That followed the province’s Green Energy Act, a plan to force electricity users to pay 80 cents for a kilowatt hour of solar power and subsidize scores of industrial rent seekers. The province is also a leading promoter of endless nanny state rules and regulations that serve no purpose except to give the premier an opportunity to issue a statement and deliver one of his patented sanctimonious speeches.

Far North Act

 Below the radar of media attention, there is more. This is about one of those so-far unrecognized bits of McGuinty Liberal bungling. Next week, the Ontario legislature will begin taking another look at two monster pieces of legislation allegedly aimed at bringing new order to the province’s shambling mining legislation. First is Bill 173, the Mining Amendment Act, which among other things is an attempt to bring Aboriginal communities into the administration of the province’s scatter-brained mining laws. Second is Bill 191, the Far North Act. It also attempts to bring Aboriginal participaton into decision-making over resource development of Ontario’s far north. What these two bills actually do, however, is trample on everybody’s property rights, from First Nation rights to the rights of cottage owners caught in the murky legislation that sets out mineral rights across the province.

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Prospectors and Developers Association of Canada (PDAC) News Release – PDAC Supports NAN’s Campaign Against Ontario Bill 191 – September 15, 2010

Toronto, Ontario, September 15, 2010 – The Prospectors and Developers Association of Canada (PDAC) is supporting Nishnawbe Aski Nation’s (NAN) opposition to Bill 191, the Far North Act.

Bill 191 would give legal effect to the Ontario government’s plans for the northern boreal region. Without adequate consultation or consideration of the implications for First Nations communities, the mineral industry or northern municipalities, the provincial government proposes to permanently remove more than 50% of the Far North boreal region of Ontario from the possibility of sustainable economic development through the creation of an interconnected network of protected areas.

The negative implications of Bill 191 will be felt by First Nations communities that make up 90% of the population of the Far North and will deprive First Nations of the benefits that responsible mineral resource development can provide.

NAN has expressed the need for First Nations to have meaningful participation in land use decisions in the Far North, which Bill 191 does not provide, and has asked the McGuinty government to scrap the legislation altogether.

The PDAC agrees that Bill 191 should be stopped and hopes that the Ontario government will recognize the serious flaws with the legislation.

“Mineral exploration and development serves an important role in creating opportunity for northern Ontario’s First Nations and municipalities,” said Scott Jobin-Bevans, PDAC President, “The PDAC is encouraging its members to sign the Nishnawbe Aski Nation petition.”

The NAN petition is available at http://www.nan.on.ca.

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Assembly of First Nations News Release – AFN Supports Nishnawbe Aski Nation’s Call to Withdraw Ontario’s Far North Act – September 10, 2010

OTTAWA, Sept. 10 /CNW/ – Assembly of First Nations National Chief Shawn A-in-chut Atleo and Ontario Regional Chief Angus Toulouse today confirmed their support for Nishnawbe Aski Nation (NAN) Chiefs in their call to the Ontario government to withdraw the Far North Act (Bill 191).

“Consistent with our rights, the treaties and the United Nations Declaration on the rights of Indigenous Peoples, First Nations must be fully and meaningfully engaged in all aspects relating to development in our territories,” said AFN National Chief Shawn Atleo. “The Ontario government’s approach to the proposed Far North Act is inconsistent with First Nation rights and the treaties and furthermore does not adequately fulfill the government’s duty to consult.  Especially in regions like Northern Ontario where First Nations peoples make up 90 per cent of the population, it is absolutely essential that we get this right.  The path forward must be one of full respect and engagement.”

Bill 191 proposes to protect about 225,000 square kilometers of Boreal Forest and was developed without input from the more than 24,000 First Nations peoples who inhabit over 30 First Nation communities in the area. 

The implications of Bill 191 will go beyond the proposed protected area and will directly impact the Aboriginal and treaty rights of all 49 NAN First Nation communities, signatories to Treaty No. 9 and Treaty No. 5 and First Nations across the country.

“In a time when the Ontario government is working toward a ‘new relationship’ with First Nations in the province, we should be working together to protect the environment and balancing sustainable economic development opportunities,” said AFN Ontario Regional Chief Angus Toulouse.  “Instead, Ontario has unilaterally introduced this legislation which would leave control over land-use planning to the government even when many First Nation communities within Treaty No. 9 and Treaty No. 5 have developed their own land-use plans and have repeatedly expressed the need to be involved in the process.”

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Ontario Mining Association (OMA) – August 2009 Submission to the Ontario Government on the Far North Act (Bill 191) and the Mining Act (Bill 173)

The Ontario Mining Association (OMA), is an organization that was established in 1920 to represent the mining industry of the province.

Please note that the order of this document has been slightly changed. The Bill 191, the Far North Act material has been placed at the beginning of the posting for the reader’s convenience. – Stan Sudol

Bill 191, the Far North Act

1. Clarifying the Ambiguity and Imbalance

Once again, we are appreciative of the government’s efforts to foster a multi-stakeholder dialogue and build consensus through the Far North Advisory Council. We also agree with the goal “to strike the right balance between conservation and development”, which was set out in the Premier’s July 14, 2008 announcement.

However, Bill 191 presents many challenges for our members, which if not rectified, will cause unprecedented delay, unnecessary conflicts and diminishing economic benefits for the province and communities of the Far North. The nature of the mining industry is one that requires long-term certainty and clarity – given the long planning cycles of our industry, as well as the significant capital expenditures and detailed permitting process required for the development of a mine. Additionally, mineral exploration is a highly risky undertaking; only 1 in 10,000 prospects becomes a mine. 

Industry would appreciate greater balance between industry, community and conservation components in various aspects of Bill 191 so that the Bill achieves the desired goal of economic development and conservation. Without this balance, Bill 191 may be seen as an impediment to future investment and development in Ontario’s Far North for mineral exploration and mine development, forcing companies to look elsewhere for mineral development projects. 

While the proposed legislation is a start in putting a process in place to ensure partnership building between government and Aboriginal peoples, it has not provided a specific role for other stakeholders, such as the mineral industry. Given the importance of  mineral development to the economic development and prosperity of the Far North and its people, it is critical that the mineral industry have a seat at the table.

The OMA supports active participation of Aboriginal peoples in the mineral industry and understanding and co-operation between the industry and Aboriginal communities where mineral development and extraction occur. The members of the OMA have collectively more than 50 agreements with the First Nations.

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