Summary of The East Side Traditional Lands Planning and Special Protected Areas Act
Purpose
The purpose of the East Side Traditional Lands Planning and Special Protected Areas Act is to enable First Nations and aboriginal communities to engage in land and resource planning in designated areas of Crown land that they have traditionally used. Under the Act, areas of provincial Crown land may be designated as a “planning area” or “special protected area”. Manitoba is committed to implementing the act based on these Principles.
Requests for designation
Manitoba Natural Resources and Indigenous Futures is responsible for administration of the Act and receives requests from First Nations and aboriginal communities to designate planning areas by regulation under the Act. Special protected areas may be designated by the Lieutenant Governor in Council by regulation under the Act.
Development of a plan
Once a request is received, or regulation is made designating a planning area, a planning council may be established to develop a plan for the management, use and sustainable development of provincial Crown land and resources in that planning area. A plan may identify zones and describe uses of Crown land and resources that would be permitted, restricted or prohibited in each zone. A plan may also make recommendations about how the plan would be implemented.
Opportunities to provide input and the Public Registry
Before an area is designated as a planning area or special protected area by regulation, and before an order is made approving a proposed management plan, an opportunity for First Nations, aboriginal communities and other users of the area to consider and comment on the proposed planning area, special protected area or management plan will be provided. Notice will be provided at least 90 days before land is designated as a planning area, special protected area or before a management plan is approved.
Written submissions respecting a proposed planning area, special protected area or a management plan may be made to the Minister of Manitoba Agriculture within 60 days after notice is given. At the close of the 60 days, Manitoba Natural Resources and Indigenous Futures will review the comments submitted, prepare an analysis of the submissions and make a decision regarding the proposal. Manitoba Agriculture will also report back to those who participated in the review process about the decision and how any concerns have been addressed.
Access the registry for regulation proposals under the Act for designation of a planning area or special protected area; for placement of restrictions, prohibitions or conditions on the use of Crown land or resources in a planning area; and for implementation of a management.
Effect of Regulation and Approved Plans
A planning area regulation describes an administrative boundary within which planning by a First Nation or aboriginal community will take place. This type of regulation will neither result in a specific development project nor effect any change in land use.
However, once an approved management plan is in place, all decisions being contemplated by the provincial government respecting the allocation, disposition or use of Crown land and Crown resources in a planning area must be generally consistent with the approved plan for that area.
Principles
Principles - The East Side Traditional Lands Planning and Special Protected Areas Act
In implementing The East Side Traditional Lands Planning and Special Protected Areas Act, the Government of Manitoba is committed to the following principles:
1. Voluntary: The Act will apply only to those First Nations who welcome it.
2. Aboriginal and Treaty Rights Respected: Any Crown decisions originating from the Act must respect all aboriginal and Treaty rights. The Act will be interpreted in a manner that is consistent with the recognition and affirmation of aboriginal and Treaty rights.
3. Consistent with the WNO Accord: The Act enshrines the goals, objectives and principles of the Wabanong Nakaygum Okimawin (WNO) Council of Chiefs Accord.
4. Respecting Government-to-Government Relations: All decisions in the planning process as outlined in the Act will be made jointly by First Nations and the Government of Manitoba. A traditional use planning area will be recognized under the Act only if requested by the First Nation and the final configuration of the area must be agreed to by the First Nation and the Government of Manitoba. All plans and regulations stemming from the Act will be drafted in full consultation between First Nations and the Government of Manitoba. The Act will enable the Province to approve a plan only if it has been approved by the First Nation.
5. Existing Uses: No First Nation is being asked to accept any existing uses. The Act does not preclude a review of the legitimacy of permitting decisions made in the past, in the same way that those decisions can now be reviewed. However, existing uses will not be affected by regulations under this Act.
6. Planning Outside the Act: First Nations, if they so choose, will be able to continue planning outside the Act using existing provincial laws rather than the Act.
7. Public Interest and Consultation: The province could not amend a plan, if the Lieutenant Governor has determined that an amendment is in the public interest, without full and meaningful consultation with any affected First Nation prior to a decision to amend a plan being made.
