TEXT OF DRAFT TERMS OF REFERENCE LAND USE PLANNING

clfn_areaofinterest_20130327 Constance Lake First Nation
Terms of Reference
Community Based Land Use Planning

PREPARED IN PARTNERSHIP BY:
Constance Lake FirstNation and the Ministry of Natural Resources

March, 2013

TABLE of CONTENTS
Vision Statement 3
MISSION STATEMENT 3
HISTORICAL OVERVIEW 3
INTRODUCTION 3
1.0 PURPOSE 3
1.1 REASONS for PLANNING 3
2.0 GOALS, OBJECTIVES AND PRINCIPLES 3
2.1 Goal(s) for Planning 3
2.2 Objectives of Planning 3
2.3 Principles for Planning 3
3.0 TRAINING AND EDUCATION 3
4.0 SCOPE OF PLANNING 3
4.1 PLANNING AREA 3
4.2 SHARED LANDS 3
4.3 PLANNING SUBJECTS & OBJECTIVES 3
4.4PLANNING OUTCOMES 3
5.0 LAND USE PLANNING PROCESS 3
5.1 PLANNING STRUCTURE 3
6.0 INFORMATION MANAGEMENT 3
7.0 CONTACTS 3
Appendices 3
Appendix A – Planning Sequence 3

Acronyms
AOU Area of the Undertaking
ATK Aboriginal Traditional Knowledge
CBLUP Community-Based Land Use Plan
CLFN Constance Lake First Nation
FRI Forest Resource Inventory
MNR Ministry of Natural Resources
MNDM Ministry of Northern Development and Mines
NBI Northern Boreal Initiative
NGO Non-governmental Organization
NTFP Non-Timber Forest Products
TEK Traditional Ecological Knowledge
WGC Working Group Committee
JPT Joint Planning Team

Vision Statement:
To provide stewardship for our lands and resources through knowledge of our Elders and heritage, protecting the land while enabling sustainable economic development for the benefit of our community.

Mission Statement:
To provide equal opportunity, support, and access to services with dedication and respect by applying our knowledge and experience honouring our language and culture for the benefit of Constance Lake First Nation members and future generations.

Historical Overview
The First Nation members are of Cree, Oji-Cree and Ojibway descent. Our ancestors inhabited the Kenogami, Kabinakagami, Nagagami, Pagwachuan, Pledger Lake, Little Current, Drowning, Ridge, Albany and Shekak River systems since in time of memorial in the eighteen hundreds and early nineteen hundreds. In 1905, the federal government negotiated Treaty Number 9 and these people were attached to the agreement as a subdivision of the Fort Albany First Nation on James Bay. Mammamattawa (English River), which is where the Kenogami River joins with the Kabinakagami and Nagagami Rivers. Both the Hudson’s Bay Company and rival Revillon Frères had fur trading posts at this location. This area became the Mammamattawa (English River) Reserve and now belongs to the Constance Lake First Nation (CLFN).

The abundance of lakes, rivers and creeks throughout with large stands of birch, poplar, jack pine, white and black spruce, tamarack and cedar continues to play a vital role in the daily lives of the community as part of their historical connection to their traditional land.

Today, CLFN is located in the District of Cochrane, 32 km. west of Hearst, Ontario. Constance Lake First Nation (CLFN), a progressive and rapidly growing community of 1605 Members of Cree and Ojibway ancestry with approximately 820 living on reserve; the reserve is 7686 acres (3,110 hectares) in size of which approximately 18 acres are covered by water.

INTRODUCTION
Initiation of Community Based Land Use Planning

In 2002, CLFN began working with Ontario through the Northern Boreal Initiative (NBI) which focused on commercial forestry opportunities for the boreal forest north of the Area of the Undertaking (AOU). The NBI began the formal planning efforts to document aboriginal traditional knowledge in support of planning interests. The planning process has since been broadened in scope to arrive at Community Based Land Use Planning under the authority of the Far North Act.

CLFN engaged in the opportunity to proceed in the CBLUP process and work towards developing a Terms of Reference to guide the designation of a planning area and guide the development of a community based land use plan. CLFN, in partnership with the Ontario Ministry of Natural Resources (MNR) will work together to develop land use direction for the area indicated by CLFN as their planning area of interest (Figure 1) for portions north of the area of the undertaking (AOU).

CLFN has made substantial efforts in collecting information on spiritual, cultural and natural values and sites present in their Traditional Land. Such research has allowed the First Nation to further formalize the traditional use areas.

CBLUP processes will support the further analysisof collected information as well as offer the opportunity to continue documentation and information gathering in order to build CLFN’s Traditional Knowledge of land use values and occupancy, both historical and current. This information will serve as the foundation for the CLFN community-based land use plan within their northern traditional territory.

The planning process will provide a new framework for increasing community participation and the transfer and incorporation of traditional knowledge into the planning process. The planning process will also help build further internal capacity to continue to work jointly with MNR to implement the CBLUP.

1.0 PURPOSE
1.1 REASONS for PLANNING

Constance Lake First Nation (CLFN) wishes to proceed in developing acommunity-based land use plan for a planning area of interestwithin the Far North of Ontario. CLFN, in partnership with the MNR will devise land use designations, supported by policy direction for areas within CLFN’s indicated planning area of interest.

Constance Lake First Nation appreciates the value and importance of passing knowledge on to future generations. For this reason, strive to incorporate completed ATK work, film production and other visual and audio products to better expose the Community and especially the youth to CLFN’s history, culture and traditional values. The community recognizes and respects that time is of the essence in retrieving and documenting Elder’s knowledge and oral history. This information is critical in the development of Constance Lake First Nation’s land use plan and serves as a major focal point of cultural interest in which planning and management decisions are based.

Various types and forms of information will continue to be brought into the planning process from many sources on a continual basis. All information brought to the planning process will help to inform planning decisions made by the community as the CBLUP is developed.

2.0 GOALS, OBJECTIVES and PRINCIPLES
2.1 Goal(s) for Planning
Land use decisions for the planning area will be led by the CLFN people in partnership with the Ontario government.

2.2 Objectives of Planning
SHOULD we ensure to balance by detailing a clearopening community objective here?

Objectives under Section 5 of the Far North Act have been considered in the preparation of the Terms of Reference, and will be during the creation of the draft and final CBLUP.If the Far North Land Use Strategy is in place at the time the CBLUP is prepared, it will also be taken into account.

The following considerations will also be key to the development of a Draft and Final Land Use Plan;

• Commitment as partners, to collaboratively develop a comprehensive land use plan

• Planning decisions focused on seeking a balance of protection and sustainabledevelopment opportunities

• Respectful considerationof traditional land uses and contemporary science to make wise land use decisions to provide opportunities for future generations

• Collectivelydevelop land use designations to enhance future abilities to build a strong economy and sustainthe CLFN community members for future generations.

• Protect areas of significant cultural value

• Protect ecological systems

• Maintenance of biological diversity, ecological processes and functions including the consideration of ecological matters at local and landscape-scale

2.3 Principles for Planning
• Respect for our traditional values and uses, and incorporate these values into the planning process wherever possible

• Follow the guidance of the CLFN elders

• Continual commitment to learn, improve and strive for excellence in all land use decisions

• Respect for the future generations and their interests

• Respect for the various perspectives and information brought to the planning process

• Respectful consideration of traditional land uses and contemporary science to make wise land use decisions to provide opportunities for future generations

3.0 Training and Education
Local capacity building is a very high priority for CLFN, at all levels of the planning process, frominitial plan development and into implementation. Education and training opportunities are very important to CLFN and formal provisions will be put in place to help build local capacitywhenever possible.

Whether a local candidate or consultant is the hired planner, this person will be required, as part of their job description, to conduct on-the-job training with local people in order to build their capacity to complete similar activities in the future and to participate and inform the planning process.

Constance Lake representatives will be providedwith formal training programs in partnership whenever possible by Colleges or Universities, or other educators who are able to deliver hands-on training and video conferencing in the Community.

Engaging as many local community members during the Land Use Planning Working process through the community information-sessions and smaller community representative group meetings will help build CLFN capacity. This approach will enable community members to further understand through directinvolvement in land use planning activities and during the process itself.

Capacity building is not considered a one way flow of information into CLFN. While mutual capacity building will support opportunities for people in CLFN to learn and developmeaningful skills, it should also create opportunities for people in provincial, private organizations and other First Nations to learn from the knowledge and experience of the community. Members of the Joint Land Use Planning Teamhave spoken to external groups about the process and their experiences and will continue to exchange more of this type of information into the future.

4.0 SCOPE OF PLANNING
4.1 PLANNING AREA

Constance Lake First Nation has identified a planning area for the purpose of preparing a Community Based Land Use Plan. The draft Planning Area of Interest is approximately 3,000,000 hectares in size and is situated north of Constance Lake Reserve in the Far North.

The draft delineation of the CLFN Planning Area of interest can be found in figure 1. It is based on a number of factors including but not limited to:
• CLFN’s extensive past and present connection with the land and waters of their traditional territory,
• Ongoing ATK research conducted with many CLFN community members. between 1997 to present, formally conducted through interviews with Elders, river trips and historical research
• Ongoing dialogue with the neighbouring communities

The community has focused their efforts on land use planning activities just on the portion of their land which is north of the “area of undertaking” for the Far North Planning Initiative. Once consensus has been reached on a final planning area, it will be formally designated under the Far North Act.

Shared lands discussions with neighbouring First Nation communities have been initiated during the drafting of the Terms of Reference. CLFN intends to discuss shared areas enabling CLFN to confirm a final planning area with the appropriate neighbouring communities prior to finalization of a draft plan. Once a planning area is confirmed, that area will be formally proposed for designation under the Far North Act.

Figure 1.0
Draft Planning Area of Interest
(Map available soon)

clfn_areaofinterest_20130327
4.2 SHARED LANDS
CLFN is committed to building relationships and consulting with adjacent First Nations to share their intended planning area and work collaboratively with their neighbours to understanding their shared area of interest, where applicable.

First Nation communities located adjacent to the planning area include Long Lake #58, Ginoogaming, Marten Falls, Fort Albany, Moose Cree, Kashechewan, Aroland, Kap Cree and Hornepayne.

Through consistent and open dialogue with the neighbouring communities identified, shared lands interests will be addressed in a manner that is suitable to both parties with identified interests to collectively address a path forward to be incorporated into the planning process.

4.3 PLANNING SUBJECTS& OBJECTIVES
Planning direction will incorporate land use zoning to support or restrict intended outcomes on the land. This direction will be housed in the Final Plan for the Planning Area and will consider, but not be limited too, the following areas of interest:

4.3.1 Cultureand Heritage Areas
• Identify Burial grounds, Culturally important landscape features, Significant Cultural and/or Spiritual Gathering Sites
• Document Historical use of the land and resources

4.3.2 Mineral Development
• Identify areas available for exploration, staking, and mineral development through examination of maps of high mineral potential areas

4.3.3 Protected Areas
• Designation of 1 or more protected areas
• Identify and define special, sheltered and preserved areas
• Shelter areas of ecological, traditional, and spiritual significance through and interconnected network to enhance protection value
• Identify any proposals for changes to existing provincial parks
• Consider adjacent planning area as protected areas

4.3.4 Aggregates
• Identify potential areas for extraction

4.3.5 Waterways
• Determine areas of cultural and spiritual importance, drinking source water protection,hydro-electric potential and recreational importance

4.3.6 Forestry
• Identify areas to be made available to commercial forestry activities, including identifying appropriate harvest types in enhanced management areas

4.3.7 Non-Timber Forest Products (NTFP)
• Identify land use in which the communities NTFP interests for traditional or commercial purposes may be pursued

4.3.8 Climate Change Adaptation
• Provide for flexibility and adaptation for changing climactic considerations and the potential climate-induced effects on the land into the future

4.3.9 Infrastructure
• Identify potential infrastructure corridors to support future access needs when planning for resource development, water crossings, and related infrastructure such as power transmission, communications etc
• Identify areas where access restrictions may be required to preserve remoteness while enabling economic activities
• Linear corridors should be considered in regards to land use designations and their compatibility with other land features. Includes electrical transmission corridors, roads, pipelines and other linear developments

4.3.10 Tourism
• Identify potential future remote tourism opportunities to support economic development for the First Nation
• Identify localized non-remote tourism opportunities

o Sustainable forestry
o Existing and new tourism
o Mineral potential
o Sustainable renewable energy
o Electrical transmission and telecommunications
o Areas of intended protection from resource development
o Access corridor development
o Recreation

4.3.11 Existing Uses• As part of the planning process, existing uses will be identified as ongoing,where applicable (i.e. Tourism, mining claims, infrastructure)

4.4 PLANNING OUTCOMES
Through the land use planning process, CLFN and Ontario will collaboratively address land use interests to define land use designations that are suitable to our collective needs that will support social, economic, and environmental interests. Specific plan outcomes will include, but are not limited to the following:

• Recording and analysis of traditional knowledge to support the planning process
• Define a designated planning area
• Designation of one or more protected areas
• Identify goals and objectives of the plan
• Identification of a review period for the Final Plan
• Identification of land use designations and categories to guide what development, land uses and activities are permitted in each designation
• Identify how the plan has addressed significant cultural and spiritual features and land uses
• Description of how the plan has addressed features and land uses adjacent to the planning area, and how CLFN & Ontario wishes to see these areas compliment direction in the plan
• Document considerations of ecological matters at both local and landscape-scale and how they were incorporated into planning decisions
• Provide direction to help address species at risk concerns
• Identify and transparently support planning decisions with appropriate supporting information
• Guidance onsubsequent plan implementation including plan amendment processes and how both CLFN and Ontario will work in collaboration to address subsequent land use decisions.

The plan will be prepared 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.
5.0 LAND USE PLANNING PROCESS
Land use planning follows a step by step consensus based process for decision making that is consultative in nature. Through all stages of the planning process, social, economic and environmental considerations will be fully incorporated to guide balanced decision making.

Constance Lake First Nation and the MNR, as planning partners, will begin planning with a consensus on the Terms of Reference that sets out the process details for community-based land use planning. The Terms will be approvedby the First Nation and the MNR, and will guide the planning process to build a community based land use plan for Constance Lake First Nation’sdesignated planning area.Components common to land use planning are development of Terms of Reference, compilation of background information, analysis of planning options and the preparation of a draft and a finalCBLUP.

As planning proceeds, the JPT will work to incorporate Ontario’s broader policy direction and emerging guidance, and if a Far North Land Use Strategy is in place at the time the CBLUP is prepared, it will also be taken into account.

5.1 PLANNING STRUCTURE

5.1.1 Roles and ResponsibilitiesIn partnership with the Province of Ontario, CLFN has created an administrative structure to guide the community through the land use planning process. The roles and responsibilities are outlined as follows:

A) Community
The Constance Lake CBLUP will reflect information and knowledge fromthe community membership. The community will be invited to be involved through the entire planning process and support the plan with ongoing dialogue, information sharing and plan review during all stages of plan development.

B) Chief and Council & Ontario
Draft Community Based Land Use Plan revisions comments/suggestions made by the community members will be prepared by the working group committee, which will then be reviewed by Chief and Council. Final versions will be presented back to the community, Chief and Council and Ontario for approval.

C) Working Group Committee/Joint Planning Team
Once the WGC was in a position to start the planning process, the group’s identity evolved into a joint planning team title due to the nature of the work being conducted.Collectively, the Joint Planning Team consists of the Land Use Planning Department (LUPD) staff, Far North Branch (FNB) staff, MNR District Community Liaison and community group representatives.

LUPD in cooperation with MNR Far North Branch are tasked with preparingCBLUP documents in draft and then into a final version. These documents include: Terms ofReference, draft and final Community Based Land Use Plansin addition to any other supporting documents to inform or support the CBLUP process, as required.

The LUPD staff are employees of CLFN and are responsible for carrying out ATK collection and maintenance, data management, administrative functions and other required duties on behalf of the Community. The LUPD provides iinformationto the Community and leadership on CBLUP efforts on an ongoing basis.

As a partner and active member of the working group committee, MNR has responsibilities in assuring that provincial interests are presented and well understood throughout the planning process and mandatory components of the plan (under the Far North Act) are incorporated in the CBLUP documents.
MNR will also ensure the facilitation ofa public notice for the Terms of Reference and the posting and comment opportunities for the draft and final CBLUP’s on the Environmental Registry.

The Working Group Committee/Joint Planning Team
– Land Use Planning Department (LUPD) Staff
– Elder representative
– Youth representative
– Traditional user representative
– MNR Far North Branch Staff
– MNR District Representative

LUPD
-Land Use Planning Coordinator
-ATK and Trappers Coordinator
-Assistant to the Land Use Planning Coordinator

D) Resource Support
Resource support will be sought at appropriate times within the planning process from Elders, expert consultants and technical advisors who will contribute information and knowledge to the process. This will help ensure that all available information isavailable to the community and Joint Planning Team throughout the planning process which can then be analysed for decision-making and policy direction development. Resources Support is not a formal group but rather, advisors to be accessed to gain the best available information throughout the planning process.

Figure 2.0Planning Structure

5.1.2AuthorityThe planning process is designed with the following understandings for authority, related responsibilities, and decision making:

The Far North Act 2010 identifies the requirements and authority for approvals, including for:
• Terms of Reference;
• Planning Area; and
• Final Land Use Plan.

Joint approvals for each of the above are required by:
• Constance Lake First Nation Chief and Council; and
• Minister of Natural Resources

Approval of the final plan will be by Minister’s Order under the Far North Act 2010 and by First Nation Band Council Resolution.

Prior to approval of the draft plan, the planning area will be designated under the Far North Act 2010 via Minister’s Order.

Once a community based land use plan is approved, decisions on land use activities (allocation, disposition or use) and the activities themselves must be consistent with the land use designations and permitted land uses and activities specified in the plan. In addition, MNR and other provincial agencies continue to have obligations set out in provincial policy and legislation.

5.1.3 Decision-makingA consensus-based decision making approach will be employed at all stages in the planning process between CLFN and Ontario. This would include any and all recommendations as arrived at within the JPT.

Written records of all decision as part of the planning process will be maintained and approved by both parties pertaining to any decision related to the draft and final land use plan.

In the event that an issue arises, that cannot be resolved through consensus and a conflict resolution process is deemed necessary, guidance will be sought from CLFN Chief and Council and MNR Far North Manager.

5.1.4 Planning Phases
The formal process that will enable Community Based Land Use Planning to achieve a final plan has been categorized into phases with associated tasks and timelines for each. CLFN planning work is supported under the framework of the Far North Land Use Planning Initiative and under the authority of the Far North Act.

A variety of support mechanisms and partners have been involved to ensure the best results with the resources available.

PHASE 1
Planning Initiation and Engagement
Timeline – 2005 – 2011

 Historically working under the NBI
 Gathering ATK
 Seek funding support and approval
 Assemble working group
 Discussions to advise development of a Terms of Reference
 Continued ATK gathering
 Gain a common understanding between Constance Lake First Nation and Ontario with respect to land use planning objectives to begin structuring the planning process

PHASE 2
Terms of Reference
Timeline – Fall 2011 to March 2013

 Working group members formalized into a Joint Planning Team
 Determine a draft planning area of interest
 Describe objectives
 Assemble ATK data
 Communication and awareness for the community membership
 Invite participation from community membership
 Discussion with neighbouring communities on shared areas of planning interest
 Seek joint approval/endorsement of Terms of Reference
 ER proposal posting for general public, industry and other interest groups

PHASE 3
Draft Community Based Land Use Plan
Timeline – March 2013 – July 2014

 Obtain, assess and analyze ATK and western science information
 Communication and awareness with community membership
 Invite participation from community membership
 Develop a preliminary draft CBLUP
 Share the preliminary draft plan for community membership comments, work with community members and Ontario to reach consensus on the preliminary draft plan
 Prepare draft recommendations describing proposed Land Use Designations (ie. zoning) and associated direction for lands, waters and resources
 Ensure involvement opportunities for all community membership and share draft plan information with off reserve membership
 Review, consider and incorporate comments received from sharing the preliminary draft plan
 Discussions with neighbouring communities on shared areas of interest and proposed land use designations
 Consultation opportunities for general public, industry and other interest groups
 Updated ER information/proposal posting on a final draft CBLUP
 Seek Planning Area Designation
 Consideration of public input and summary of response

PHASE 4
Final Community Based Land Use Plan
Timeline – July 2014

 Consideration of public input and summary of response
 Finalize revisions and incorporate into final Land Use Plan
 Seek community and Ontario consensus
 Seek joint approval/endorsement of the final Land Use Plan
 ER decision posting for general public, industry and other interested groups

PHASE 5
Plan Implementation
Timeline – July 2014 onward

 Work in partnership to address implementation procedures consistent with the Final Plan
 CBLUP review and amendment, when required
 Ongoing information gathering, assessing, analyzing, as necessary (ATK and Western Science)

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6.0 INFORMATION MANAGEMENT
CLFN values and appreciatesthe importance of collecting, documenting and sharing knowledge today and also with future generations. It’s recognized and respected that time is of the essence in retrieving and documenting Elder’s knowledge and oral history. Great efforts have been and will be made, in preserving information for the purpose of sharing local history, cultural and traditional values with the community members, especially the youth. Products have been developed from previous information gathered to include: ATK work, film productions and other visual/audio products.

Information previously collected and information collected from here forward from a variety of sources, will be continuously brought forward and considered to help support and inform the joint planning process. It will also serve as a major focal point of cultural interest as the basis for preparing land use direction, and planning and management decisions. This information will serve as the grassroots for the development of our CBLUP that is unique to CLFN.A joint protocol between the community and MNR will be established that will outline what information will be brought forward by each partner and how it will be used, while respecting and protecting Indigenous Knowledge.

All indigenous knowledge used to support the planning process and decisions will remain with the community unless the community deems it shareable with the Province of Ontario.This would particularily apply to sentsative areas the community does not want publicly identified.

MNR will provide and support the joint planning team with their best available information and data, to be used for the purposed of Community Based Land Use Planning. In addition, the joint planning team will identify appropriate information management strategies for the information used to support the development of the CBLUP.

The JPTwill ensure compliance with requirements for information under the authority of the Freedom of Information and Protection of Privacy Act, and the Archives and Recordkeeping Act. Notices required for consultation purposes under the Environmental Bill of Rights will be the primary responsibility of the MNR.

The WGCwill oversee communications and delegate as required, including developing and ensuring public notices are submitted as required, compile the appropriate mailing list, initiate mail out of planning phase information, provide notice of meetings, and any other information deemed appropriate.

MNR and CLFN will provide public notice of all supporting planning documents including the Terms of Reference, Draft Plan and Final Plan. All formal input and comments received during the planning process will be documented and available as an official planning record. Copies of all formal input and comments received during the process will be provided to the JPT.

7.0 CONTACTS
Constance Lake First Nation:

Chief Roger Wesley,
Ph: (705) 463-4511
Constance Lake First Nation
P.O. Box 4000
Constance Lake, ON P0L 1B0

Mike McGee (Executive Director)
Ph: (705) 463-4511
Constance Lake First Nation
P.O. Box 4000
Constance Lake, ON P0L 1B0

Bertha Sutherland (FN LUP Coordinator)
Ph:# (705) 463-2405
Constance Lake First Nation
P.O. Box 4000
Constance Lake, ON P0L 1B0

SIGNATURES

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