Amendment Form for MNR Land Use Direction

Version 1.4

Amendment Number: 2006 - 22

Amendment Type: General Policy  and/or Area-specific Policies

Amendment Status: Proposed  Approved  Rejected

Amendment Title:  Redesignation of Pie Island, Le Pate Provincial Nature Reserve and Flatland Island.

Amendment Summary:

.

1.  Amendment Originator

MNR

External to MNR   [please complete Section 9]                        Date Received: 04/09/06

Originating Office: Thunder Bay

Staff Contact:

Name: Jim Cameron

Address: 435 James Street

Phone Number: 807- 475 - 1457

Fax Number: 807- 475 - 1527

E-mail address: jim.cameron@ontario.ca

2.  Specific Amendment Proposed [to be completed by originator]

This amendment will result in the following changes [check all that apply]:

 Addition, deletion or change to a boundary of a land use designation (i.e., polygon) – complete A below.

 Addition, deletion or change to a policy report(s) within the OLL planning area – complete B below.

 Addition, deletion or change to area-specific land use policy outside the OLL planning area – complete C below.

 Addition, deletion or change to general land use policies – complete D below.

A.      Changes to Boundary of a Land Use Designation(s)  Not applicable

If applicable, list the ID# of any affected polygons and whether the polygon is being added, deleted or amended to reflect a boundary change.  Prepare required mapping and list in #8 of this form.

B.      Changes to Policy Report(s) within the OLL Planning Area    Not applicable

Complete table.  For ‘Policy Report Action,’ indicate where a new policy report will be added (i.e., new land use area) or where an existing policy report will be deleted or amended.  If a policy report is being amended, using the ‘track changes’ tool in MSWord and attach and list in Section # 8.

C.      Changes to Area-Specific Land Use Policy Outside OLL Planning Area   Not applicable

Provide a summary of the proposed amendment in text box below.  Show changes to the area-specific land use policy (outside OLL Planning area) using the ‘track changes’ tool in MSWord either in the text box below or as an attachment (list in Section #8).

D.      Changes to General Land Use Policy   Not applicable

Provide a summary of the proposed amendment in text box below.  Show changes to the general land use policy using the ‘track changes’ tool in MSWord either in the text box below or as an attachment (list in Section #8).

3.  Need for Amendment and Analysis [to be completed by originator]

Provide a summary of why the amendment is being proposed (i.e. need and purpose)

If this amendment is part of another planning process or if the amendment will be reflecting a decision that has already been made through another process with public consultation, describe these other processes.

The Fort William First Nation, Ontario and Canada are negotiating a resolution to the First Nation’s claim that the boundary of the reserve does not reflect the First Nation’s understanding of the location and size of the reserve to be set apart pursuant to the Robinson Superior Treaty of 1850.

Negotiations between the three parties have been ongoing since 2000. The parties have agreed that a basis of a settlement of the boundary claim could include a provincial Crown land component. 

The Crown land proposed for inclusion as part of a settlement includes provincial Crown lands on Pie Island, including Le Pate Provincial Nature Reserve, and Flatland Island of Lake Superior. Upon settlement, the Crown land selections would be transferred to Canada to be set apart for the Fort William First Nation, pursuant to the terms and of a settlement agreement and the federal government’s Additions-to-Reserve policy.

In the interim, prior to the transfer to Canada, the Ministry of Natural Resources (MNR) will manage the provincial Crown land of Pie and Flatland Islands within a single land use area and permit only land uses that are compatible with the future intent for these lands.

This amendment to the Crown Land Use Policy Atlas will be processed to remove Flatland Island from the Western Lake Superior Conservation Reserve (C2260);remove the Le Pate Provincial Nature Reserve land use area (P2644);and remove the remaining provincial Crown land portions of Pie Island from the Lake Superior General Land Use Area. (G2626).  These lands will be placed in a new Pie Island and Flatland Island General Use Area.

Before provincial Crown land is included in a final settlement, the Province of Ontario, led by the Ontario Secretariat for Aboriginal Affairs hasengaged in a public consultation process.  The Fort William First Nation and Canada participated in this process. To this end meetings have been held with individuals, the Fort William First Nation and stakeholders about their interests and how they may be affected by the proposed Crown land component.  In November 2006 three open houses were held to provide the public with the opportunity to provide input on the on the provincial Crown land component that could form the basis of a settlement.

The consultation process provided information on the boundary claim, sought public comment and provided information regarding proposed changes to the provincial Crown land use direction, the deregulation of Le Pate Provincial Nature Reserve, and the provincial Crown land disposition.

The public consultation satisfies the consultation requirements of the Class EA for Provincial Parks and Conservation Reserves (park deregulation) and Resource Stewardship and facility Development projects (disposition of Crown resources).

Provide an assessment of the proposed amendment, including:

·         Anticipated public reaction

·         Potential significant social, economic or environmental impacts

·         Magnitude and significance of proposed changes to land use designations and boundaries

·         Significance of changes to permitted uses policy

4.  Screening of Amendment [to be completed by originator]

Screening is done to confirm: a) the classification of the amendment and b) the proposed action. 

Classification of Amendment [Check one]:

 Major

 Minor

 Administrative

Provide a rationale for the classification:

Classification Recommended by: [Manager of originating office]     Name:  W.D Baker                    

Title:     District Manager, Thunder Bay District

Date:    03/10/06

Name:   Tim Sullivan

Title:     Northwest Zone Manager, Ontario Parks

Date:    02 / 10 / 06

Classification Approved by: [Appropriate Director]   Name: James E. Adams

Title:     Regional Director, Northwest Region

Date:    03 / 10 / 06

Name:   Adair Ireland Smith

Title:     Managing Director, Ontario Parks

Date:    04/10/06

Proposed Action: [Check one]

 Proceed immediately.  Detailed consideration is warranted.

 Defer for subsequent consideration.  Consideration is warranted but is not urgent and/or is not timely.

 Do not proceed with amendment.  Proposed amendment would be more appropriately dealt with as part of another process.

 Do not proceed with amendment.  Amendment is unnecessary, inappropriate or frivolous.

 Return amendment request to initiating MNR office or external requestor for possible re-submission.  Amendment request documentation is incomplete.

Provide a rationale for the action:

Action Recommended By: [Manager of originating office] Name:  W.D Baker                    

Title:     District Manager, Thunder Bay District

Date:    03/10/06

Name:   Tim Sullivan

Title:     Northwest Zone Manager, Ontario Parks

Date:    02 / 10 / 06

Action Approved By: [Appropriate Director]                                   Name:   James E. Adams

Title:     Regional Director, Northwest Region

Date:    03 / 10 / 06

Name:   Adair Ireland Smith

Title:     Managing Director, Ontario Parks

Date:    04 / 10 / 06

5.  Public Consultation [to be completed by MNR originating office for amendment proposals that proceed after the initial screening]

Describe the scope of public consultation that was carried out, including the rationale for the consultation approach.  Where consultation has occurred as part of a separate planning process that is adequately documented elsewhere, refer to the existing documentation

Provide a summary of public input. (Where there is adequate documentation elsewhere, e.g., EBR decision notice, refer to the location of the documentation).  If the proposed amendment has changed as a result of public consultation, describe these changes.

6.  Decision on the Proposed Amendment

Outline of MNR decision including rationale:

Decision Recommended by: [Manager of originating office]            Name:   W.D Baker                   

Title:     District Manager, Thunder Bay District

Date:    15 / 05 / 07

Name:   Tim Sullivan

Title:     Northwest Zone Manager, Ontario Parks

Date:    25/05/07

For minor and administrative amendments:

Decision Approved By: [Appropriate Director]                                           Name:   Al Willcocks

Title:     Regional Director, Northwest Region

Date:    25/05/07

Name:   Adair Ireland Smith

Title:     Managing Director, Ontario Parks

Date:    15/06/07

For major amendments: [Originator completes following Minister’s approval. Attach approved Seeking Approval Briefing Note]

Decision Recommended by: [Appropriate Director]                        Name:        

                                                                                                Title:          

                                                                                                Date:    dd / mm / yy

Decision Approved By: [Minister]                                                 Name:        

                                                                                                Title:          

                                                                                                Date:    dd / mm / yy

Date amendment takes effect (if different than date of approval): 19 / 06 / 07

7.  Communication of Decision [to be completed by MNR originating office]

Describe how the decision was and will be communicated (e.g., newspaper ad, stakeholder mailout, EBR Registry, Crown Land Use Atlas posting):

8. Attachments [list all attachments to this form, e.g., maps, policy reports, general policy, public consultation details)

9. External Party Information [only complete if amendment was proposed by a party external to MNR]

Name of Individual or Group: Betty Wires, Negotiator, Ontario Secretariat for Aboriginal Affairs

Address: P.O. Box 5080, 808 Robertson Street, Kenora, ON P9N 3X9

Phone Number: (807) 468-2582 or (807) 343-7246

Fax Number: (807) 468-2736

E-mail Address: betty.wires@Ontario.ca

The personal information included on this form is collected under the authority of the Public Lands Act in order to make decisions about managing public lands in Ontario.  Release of personal information submitted on this form is governed by the Freedom of Information and Protection of Privacy Act.  All proposed amendments to MNR’s land use direction would become a part of the permanent public record.