Executive Summary of the Algonquins of Ontario Proposed Agreement-in-Principle
This Executive Summary provides a plain language summary of the key elements of the Algonquin Land Claim Proposed Agreement-in-Principle of June 2015.
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The proposed Agreement-in-Principle will be submitted to the Algonquin Voters for a Ratification Vote.
Upon a successful Algonquin Ratification Vote, the proposed Agreement-in-Principle would be submitted to the Governments of Ontario and Canada for approval.
Following such approval, the Agreement-in-Principle would be a non-binding statement of the main elements of a settlement of the Algonquin Land Claim that would form the framework for future negotiations towards a Final Agreement.
Negotiations leading to a Final Agreement could then begin a process that may take several years.
At the completion of negotiations and any public and other consultations, a Final Agreement would need to be approved by the Algonquins of Ontario and by the Legislature of Ontario and the Parliament of Canada.
Frequently Asked Questions
If I am an Algonquin Voter how do I learn more about the proposed Agreement-in-Principle?
If you are an Algonquin Voter you may view materials relating to the proposed Agreement-in-Principle online at tanakiwin.com/aip.htm, other than any material that is confidential or privileged advice to Algonquin Voters from the Algonquin negotiation team.
You can also contact your local Algonquin Negotiation Representative at any time with your questions or comments as well as the Algonquins of Ontario by:
Phone 613-735-3759 or 1-855-735-3759 (toll free)
If I am not an Algonquin Voter, how do I learn more about the proposed Agreement-in-Principle?
The public can obtain materials relating to the proposed Agreement-in-Principle online at tanakiwin.com/aip.htm, other than any material that is confidential or privileged advice to Algonquin Voters from the Algonquin negotiation team.
You can also contact any of the negotiation teams at any time with your questions or comments:
Algonquins of Ontario: Email firstname.lastname@example.org;
Phone 613-735-3759 or 1-855-735-3759 (toll free)
Ontario: E-mail email@example.com;
Phone 613-732-8081 or 1-855-690-7070 (toll free)
Canada: E-mail Revendication-Algonquins-OntarioClaim@aadnc-aandc.gc.ca;
Phone 1-800-567-9604 (toll free) or 1-866-553-0554 (TTY toll free)
What is an Agreement-in-Principle?
An Agreement-in-Principle is the first step towards reaching a modern-day treaty that would be protected under Section 35 of the Constitution Act, 1982. The Agreement-in-Principle would not be a legally binding document. Rather, it would provide a foundation for the negotiation of a Final Agreement that would clarify and define the rights of the Algonquins of Ontario as they relate to land and natural resources, among other matters, and the obligations of all three parties: the Algonquins of Ontario, Canada and Ontario.
Why is this document referred to as a “proposed” Agreement-in-Principle?
The Agreement-in-Principle would not form a foundation for the negotiations towards a Final Agreement until all three parties have signed it, following their ratification processes. Until that time, it would be referred to as the “proposed Agreement-in-Principle”, and after it has been signed, the document would simply be known as the “Agreement-in-Principle.”
Who is involved in the Algonquin land claim negotiations?
Canada, Ontario and the Algonquins of Ontario are working together to resolve a historic Algonquin Aboriginal rights claim through a negotiated settlement that will produce Ontario’s first modern-day, constitutionally protected treaty.
The Algonquins of Ontario include the Antoine, Bancroft, Bonnechere, Greater Golden Lake, Mattawa/North Bay, Ottawa, Pikwakanagan, Shabot Obaadjiwan, Snimikobi, and Whitney and Area Algonquin Collectives who are represented in the negotiations by democratically elected Algonquin Negotiation Representatives. All those who applied and satisfied the enrolment criteria set out in the proposed Agreement-in-Principle are eligible to vote on the proposed Agreement-in-Principle.
What is included in this proposed Agreement-in-Principle?
This document sets out proposed key elements of a Final Agreement that would settle the Algonquin land claim. It includes, among other things:
- $300 million transfer to the Algonquins of Ontario
- transfer of approximately, but not less than, 117,500 acres of provincial Crown land to Algonquin ownership
- recommended approaches to address:
- Algonquin harvesting rights, including the right to harvest wildlife, fish, migratory birds and plants
- parks and protected areas
- Algonquin heritage and culture
- Algonquin eligibility and enrolment
Where are the provincial Crown lands that are proposed for transfer to the Algonquins of Ontario?
The proposed lands package includes more than 200 parcels of provincial Crown land ranging in size from a few acres to just over 30,000 acres. These proposed land selections are based on Algonquin interests including their historic or cultural significance, recreational values and the current Algonquin objectives and long-term goals. Each parcel has been reviewed and analysed by Ontario to confirm that it is suitable for inclusion in the lands package.
The provincial Crown lands proposed for transfer to Algonquin ownership are identified in the maps included with the proposed Agreement-in-Principle.
Following extensive public consultation after the public release of the Preliminary Draft Agreement-in-Principle in December 2012, changes have been made to a number of the proposed land selections in order to minimize impacts on neighbouring landowners, other third parties with legal rights and the public.
Separate maps identify specific parcels of Crown land that would receive special protection in recognition of Algonquin interests but would remain in the public domain and continue to be available for a wide range of public uses.
When will this land claim be completely settled?
Following a successful Algonquin Ratification Vote, the proposed Agreement-in-Principle would be submitted to the Governments of Ontario and Canada for approval.
If approved, negotiations leading to a Final Agreement could then begin. It could take several years to reach a Final Agreement. Once completed, a Final Agreement, or Treaty, would also need to be formally approved by the Algonquin Voters, and then by the Legislature of Ontario and the Parliament of Canada.
Executive Summary of the Agreement-In-Principle
This Executive Summary provides a plain language summary of the key elements of the proposed Agreement-in-Principle and has retained some legal and technical language to reflect accurately the meaning of the proposed Agreement-in-Principle. It is not intended to be comprehensive.
Terms that are defined in Chapter 1 of the proposed Agreement-in-Principle are capitalized in this Executive Summary.
The following Chapter summaries are included:
- Chapter 1: Definitions
- Chapter 2: General Provisions
- Chapter 3: Eligibility and Enrolment
- Chapter 4: Claims Institutions
- Chapter 5: Lands
- Chapter 6: Capital Transfers and Loan Repayment
- Chapter 7: Forestry
- Chapter 8: Harvesting
- Chapter 9: Parks
- Chapter 10: Heritage and Culture
- Chapter 11: Self-Government
- Chapter 12: Taxation
- Chapter 13: Dispute Resolution
- Chapter 14: Implementation
- Chapter 15: Ratification of the Agreement-in-Principle
- Chapter 16: Ratification of the Final Agreement
The Preamble to the proposed Agreement-in-Principle is a short statement that introduces the Agreement-in-Principle.
The Preamble would recognize the Algonquins as an Aboriginal people of Canada within the meaning of the Constitution Act, 1982.
Chapter 1: Definitions
This Chapter sets out the definitions of the key terminology that is subsequently used in the proposed Agreement-in-Principle.
Chapter 2: General Provisions
Chapter 2 of the proposed Agreement-in-Principle sets out the legal framework for a Final Agreement including:
- certainty with respect to Algonquin rights set out in a Final Agreement
- rules to resolve conflicts between a Final Agreement and federal and provincial legislation
- releases and indemnities provided by the Algonquins
- principles for the interpretation of a Final Agreement
Status and Effect of the Agreement-in-Principle and Final Agreement
The Chapter contains standard language found in other comprehensive land claim agreements, including:
- the Agreement-in-Principle would not be legally binding but, if approved, would form the basis to negotiate a Final Agreement, which would include greater detail on many items identified in the Agreement-in-Principle and may include other changes that may be negotiated prior to a Final Agreement
- a Final Agreement would be legally binding with Aboriginal and treaty rights protected under Section 35 of the Constitution Act, 1982
- Algonquins would continue to enjoy the same rights and benefits as other Canadian citizens
- a Final Agreement would only be amended with the consent of the Algonquins, Canada and Ontario (“the Parties”)
This Chapter provides that further provisions about the process for Canada and Ontario to Consult with the Algonquins would be in a Final Agreement.
The Parties agree that in appropriate circumstances Consultation would give rise to accommodation.
A Final Agreement would provide that Canada or Ontario may continue to use and to grant interests in Crown Land subject to the Consultation framework that would be set out in a Final Agreement.
A Final Agreement would constitute a full and final settlement in respect of the Algonquins’ Aboriginal Rights with respect to land and natural resources, including Aboriginal title, in Canada, except in the Province of Quebec.
Only the rights of the Algonquins of Ontario would be affected by a Final Agreement. The Aboriginal Rights and title of the Algonquins that may have existed prior to a Final Agreement would not be extinguished but would continue as modified by a Final Agreement.
A Final Agreement would fully set out the Section 35 Rights of the Algonquins to lands and natural resources in Canada, except the Province of Quebec. Specifically, it would set out what these rights are and where they could be exercised.
A Final Agreement would not affect any Aboriginal Rights that the Algonquins of Ontario have in Quebec and it would not affect any Aboriginal Rights of Algonquin communities in Quebec anywhere, including Ontario.
Releases and Indemnities
A Final Agreement would release Ontario and Canada from any past infringements of Aboriginal Rights, including failures to Consult, that may have occurred prior to the Effective Date of a Final Agreement. It would also provide an indemnity in the event Ontario and Canada are successfully sued in relation to such matters.
Chapter 2 states that nothing in a Final Agreement would affect, recognize or provide any constitutionally protected rights for any Aboriginal peoples, including Algonquin communities in Quebec, other than the Algonquins of Ontario.
Various other matters are addressed by Chapter 2 including:
- access to federal and provincial programs and services
- disclosure of information
- limitation on legal challenges
- communications and notices
Chapter 3: Eligibility and Enrolment
This Chapter sets out rules and procedures for how a person of Algonquin descent can become a Beneficiary under a Final Agreement. A “Beneficiary” is a member of the Algonquin Collective who shares in the benefits provided under a Final Agreement.
Should a Final Agreement be ratified and approved, the Algonquins would appoint an Enrolment Board to enrol Algonquins as Beneficiaries under a Final Agreement. The Enrolment Board would maintain a public registry of Beneficiaries.
A Final Agreement would set out how, and on what grounds, an Enrolment Board decision could be appealed to a Court.
Canada and Ontario would pay the reasonable costs of this Enrolment Board for the first five years a Final Agreement is in place.
An individual would be entitled to be registered as a Beneficiary if that individual is a Canadian citizen and:
- declares him or herself Algonquin and can demonstrate:
- Direct Lineal Descent from an Algonquin Ancestor
- that the Applicant or a recent ancestor was part of an Algonquin Collective after July 15, 1897 and prior to June 15, 1991
- a present-day Cultural or Social Connection with an Algonquin Collective
- is a member of the Algonquins of Pikwakanagan First Nation
However, an individual cannot be a Beneficiary if that individual:
- identifies as a member of another Aboriginal group and asserts Aboriginal or treaty rights within the Algonquin Settlement Area
- is a member of another Aboriginal group that is a party to another comprehensive land claim settlement or treaty unless that person ceases to be enrolled under the other comprehensive land claim agreement or waives entitlement to Aboriginal or treaty rights other than those described in, or recognized, by the Final Agreement.
A Final Agreement may provide that an individual may be eligible to enrol as a Beneficiary under a process of community acceptance should a Final Agreement be ratified and approved. Custom adoption and community acceptance are topics to be discussed following the Agreement-in-Principle.
Chapter 4: Claims Institutions
This Chapter speaks to the role of Algonquin Institutions. A Final Agreement would identify the Algonquin Institutions that would:
- receive and manage Settlement Lands, the Capital Transfer and other assets
- fulfill responsibilities and exercise powers on behalf of the Algonquins under a Final Agreement
Leading up to a Final Agreement, the Algonquins would designate Algonquin Institutions and approve their structures, mandates and powers that would include the governance rights of Beneficiaries relating to the Algonquin Institutions.
The Algonquin Institutions would be developed to serve Beneficiaries and to hold land claim assets. The Algonquin Institutions would be transparent, accountable and would ensure equitable treatment and access to benefits. Institutions could also consider creating programs and services that would target certain Beneficiaries or groups of Beneficiaries based on specific eligibility such as age, place of residence, community or regional affiliation, or need.
The Algonquins would be responsible for ensuring that Algonquin Institutions are managed in compliance with these governing principles.
Following an Effective Date for a Final Agreement, the Algonquins could restructure, replace or create new Algonquin Institutions.
The Algonquins would maintain a public register of Algonquin Institutions.
Chapter 5: Lands
This Chapter describes: the transfer of Settlement Lands to the Algonquins of Ontario; Algonquin interests in Crown Lands; planning jurisdiction for these lands; and the treatment of existing interests in the Settlement Lands, among other matters.
Ontario would transfer ownership in fee simple of identified Settlement Land parcels to one or more Algonquin Institutions. This form of ownership would be the same, subject to certain exceptions, as all other private lands in the Province, and would include mineral rights.
These Settlement Lands would:
- be approximately, but not be less than, 117,500 acres of Provincial Crown Land
- consist of more than 200 parcels of land ranging in size from a few acres to about 30,000 acres
Prior to a Final Agreement, Canada and the Algonquins may also identify Federal Crown Lands that could be transferred by Canada to an Algonquin Institution, where the lands have been declared surplus to federal government requirements.
Prior to a Final Agreement, the Parties may agree to changes to the proposed Settlement Lands, provided that the overall amount of land that would be transferred by Ontario would remain approximately, but not less than, 117,500 acres.
Canada and Ontario would retain administration and control of the beds of navigable waters.
The following highlights certain specific aspects of Settlement Lands:
Ontario would not transfer Public Roads, but may transfer some unopened road allowances that it owns. Ontario would not transfer road allowances owned by a municipality. Municipalities may transfer some road allowances under their jurisdiction.
- Existing Rights or Legal Interests – General
Existing rights or legal interests on Settlement Lands existing at the time of transfer would continue on those lands after transfer to an Algonquin Institution. Existing rights or legal interests include, but are not limited to, recreation camps, Public Utilities, trap lines, mining leases and claims, and aggregate licences.
Prior to a Final Agreement, Ontario would facilitate the negotiation of agreements between the Algonquins and the holders of existing rights or legal interests on Settlement Lands concerning the continuation of those existing rights or legal interests.
Persons holding existing rights or legal interests would continue to have the right to access Settlement Lands where reasonably necessary to exercise or enjoy those existing rights or legal interests on Settlement Lands.
- Forest Operations on Settlement Lands
Settlement Lands that are subject to a Sustainable Forest Licence would be transferred after the expiry of the Forest Management Plan that exists on the date of the Agreement-in-Principle. The Algonquins would be Consulted in certain circumstances regarding amendments to these Forest Management Plans. The Algonquins would negotiate transition plans with Ontario, Sustainable Forest Licence holders and others that would ensure their continued access to Forest Resources on Settlement Lands during a negotiated transition period after their transfer.
- Public Utilities
Funds paid by Public Utilities between a Final Agreement and the transfer of Settlement Lands for the use of those lands would be held in trust by Ontario. The funds would be paid, with interest, to the Algonquins after the lands are transferred.
Public Utilities that have an existing right of access to, and use of, Settlement Lands would pay the Algonquins for continuing access and use after the transfer of the Settlement Lands.
- Public Access to Protected Areas
A Final Agreement would identify lands required to maintain public access across Settlement Lands to Crown Lands including Provincial Parks and other Protected Areas.
- Algonquin Interests in Crown Lands
The Algonquins would have rights of first refusal to purchase certain identified parcels of Crown Land in the future should Ontario decide to sell those lands.
The Algonquins and Ontario would negotiate agreements with respect to certain identified parcels of Crown Land known as Areas of Algonquin Interest. These agreements would provide special protection for those parcels of Crown Land that are of cultural or historic importance to the Algonquins.
- Boundaries, Surveys and Descriptions
Canada and Ontario would pay the surveying costs to establish the boundaries of Settlement Lands and certain other legal interests.
- Environmental Assessment
The transfer of Settlement Lands by Ontario and Canada would be subject to environmental assessment as set out in applicable Provincial Laws and Federal Laws.
- Contaminated Sites
Unless otherwise agreed, Canada and Ontario would not transfer any lands that are determined to be contaminated beyond a standard that is acceptable to the Parties.
The Parties may agree to transfer contaminated lands under certain circumstances such as prior remediation or Algonquin acceptance of the contaminated lands.
A Final Agreement would address the obligations of the Parties should Settlement Land be determined to be contaminated beyond an acceptable standard after the Date of Transfer.
- Land Use Planning
A Final Agreement would provide, following consultation with the relevant municipality, official plan designations and zoning for Settlement Lands, compatible with any applicable official plan and zoning by-law, which would become effective on the Date of Transfer.
Provincial Laws and municipal by-laws and policies with respect to land use planning would apply to Settlement Lands after the Date of Transfer, including any proposed changes to official plan designations and zoning of Settlement Lands.
Any development intended by the Algonquins on Settlement Lands following the Date of Transfer would be subject to the jurisdiction of the applicable federal, provincial or municipal approval authority.
- Access to or across Settlement Lands
Laws governing access to or across private property would apply to Settlement Lands unless otherwise stated in a Final Agreement.
Certain researchers currently conducting research on Crown Lands under provincial authority would continue to have access to those lands for research purposes after they would become Settlement Lands.
Access across Settlement Lands would be provided to those who reasonably require it to enjoy their legal interests.
The Algonquins would enter into discussions towards an agreement with groups that maintain trails for the public or group members that would provide authorization for the use and maintenance of the trails.
The public would continue to have the right to use, free of charge and at their own risk, existing portages on Settlement Lands that link navigable waters.
Settlement Lands would continue to be subject to expropriation, subject to any special provisions that may be set out in a Final Agreement.
Nothing in a Final Agreement would confer any right of ownership of waters on Settlement Lands.
Nothing in a Final Agreement would create obligations to establish or maintain public roads or to provide services to Settlement Lands that are not otherwise required by law.
Chapter 6: Capital Transfers and Loan Repayment
This Chapter states that Canada and Ontario would transfer $300 million to an Algonquin Institution or Institutions. This amount, based on December 2011 values, would be adjusted for inflation upon transfer. The funds would be transferred in three payments over two years starting on the Effective Date of a Final Agreement. Of this amount, $10 million related to the development of the former Canadian Forces Base Rockcliffe would be paid at the signing of a Final Agreement. Interest would be paid on the second and third payments.
The funds previously provided to the Algonquin Opportunity (No. 1) Corporation for renewable energy projects under a 2009 Interim Agreement would be deducted from Ontario’s payment.
The Algonquins would repay any outstanding amounts under the terms of the Algonquin negotiation loan agreements with Canada. Prior to a Final Agreement, Canada and the Algonquins would agree on the amount of those outstanding loans, which would then be repaid by deducting such loans from Canada’s payment.
The transfer of funds may be adjusted prior to Final Agreement if it is decided to include a special purpose fund, or other monetary benefits, including resource-related benefits, provided that the total value of such a fund and the adjusted Capital Transfer is not greater than $300 million.
Chapter 7: Forestry
This Chapter recognizes the importance of the Forest Industry in the Algonquin Settlement Area. Ontario and the Algonquins agree to work cooperatively to maintain support for the existing Forest Industry, and increase Algonquin participation in, and benefits from the Forest Industry. Between the Agreement-in-Principle and the Final Agreement, Ontario would continue to work with the Algonquins in relation to the development of economic opportunities in the forest industry.
Initiatives would include:
- supporting measures to increase Algonquin employment and participation in the Forest Industry throughout the Settlement Area, including in Algonquin Provincial Park, such as:
- notifying the Algonquins of government contracts and job opportunities related to forestry in Algonquin Provincial Park
- encouraging consideration by Sustainable Forest Licence holders of potential Algonquin employment, training and contract opportunities
- where appropriate, Ontario would consider the potential for Algonquin benefits as a relevant factor when evaluating tender bids or other government contracting procedures
- Ontario and the Algonquin Forestry Authority would assist in the provision of training opportunities for the Algonquins in the Forestry Industry in Algonquin Provincial Park, including silviculture
- identifying measures to develop Algonquin capacity to play a meaningful role in the Forest Industry throughout the Settlement Area
- Ontario would Consult with the Algonquins regarding any new forestry policy initiatives including the Ontario forestry tenure and pricing review
A Final Agreement would provide that Ontario would appoint at least one person nominated by the Algonquins to the Board of Directors of the Algonquin Forestry Authority for Algonquin Provincial Park.
A Final Agreement would set out the nature and scope of Algonquin participation in forest management and planning, including representation on planning teams both inside and outside Algonquin Provincial Park.
Chapter 8: Harvesting
This Chapter describes the rights that the Algonquins would have under a Final Agreement to Harvest Fish, Wildlife, Migratory Birds and Plants for Domestic Purposes throughout the year on Crown Lands, including Protected Areas, located throughout the Settlement Area. The Algonquins would also have a right to Harvest on privately owned lands within the Settlement Area if the landowner or occupier consents.
These Harvesting rights would also include the right for Algonquins to Trade and Barter amongst themselves the Fish, Wildlife, Migratory Birds and Plants that are Harvested for Domestic Purposes. Matters relating to Trade and Barter with other Aboriginal peoples would be discussed prior to a Final Agreement.
Commercial Harvesting and the sale of By-products of Fish, Wildlife, Migratory Birds and Plants that are Harvested for Domestic Purposes would be subject to laws of general application, other than the sale of By-products of Migratory Birds, which could be sold.
This Chapter recognizes that Harvesting rights are communal rights and that the Algonquins would have the legal authority to allocate, monitor and manage Harvesting by Algonquin Beneficiaries.
This Chapter would contain general provisions to clarify that:
- the jurisdiction of Canada and Ontario would be maintained in relation to Fish, Wildlife, Migratory Birds and Plants
- harvesting by the general public would continue to be subject to laws of general application
- Conservation is the fundamental principle of the management of Fish, Wildlife, Migratory Birds and Plants
- the protection of spawning grounds, breeding areas, Migratory Bird Sanctuaries and Fish sanctuaries, as determined by the best available scientific information and Algonquin traditional knowledge, is an important aspect of Conservation
Algonquin Harvesting rights would be subject to laws and other Measures that are necessary for Conservation, public health or public safety. Ontario or Canada would Consult with the Algonquins prior to implementing any measure necessary for Conservation, public health or public safety. Reasonable means would be considered to minimize the impact of proposed Conservation measures on Algonquin Harvesting rights.
Moose and Elk would be Allocated Wildlife Species within the Settlement Area. An Allocated Wildlife Species means the Minister could determine the total number of animals that may be Harvested, as well as the Algonquin allocation of that Harvest.
The Minister of Natural Resources may allocate additional Wildlife species if, after Consulting with the Algonquins, it is determined that there is a Conservation risk to that species or a population of the species within or near the Settlement Area.
The process for allocating Wildlife species would involve the Algonquins in data sharing, gathering and analysis.
A Total Allowable Harvest would be established for Allocated Wildlife Species in Consultation with the Algonquins and taking into account the interests of other users.
After a Total Allowable Harvest is established, an Algonquin Allocation would be determined taking into account the Algonquins’ right to Harvest and other criteria set out in the Harvesting Chapter of a Final Agreement. The Algonquins would follow an Algonquin Harvest Plan developed with Ontario when Harvesting an Allocated Wildlife Species.
Algonquin Harvesting of moose in Algonquin Provincial Park would continue in the area currently harvested for that purpose. Ontario and the Algonquins may agree to amend this area in the future.
The Harvesting of moose in Algonquin Provincial Park would be subject to an Algonquin Harvest Plan provided for in a Final Agreement, and until then, the existing Interim Algonquin Harvest Management Plan Process would continue. In the future, moose and elk could cease to be Allocated Wildlife Species if the allocation is no longer required for purposes of Conservation.
A Final Agreement would:
- address sharing agreements between the Algonquins and other Aboriginal peoples
- address the use of shelters and resources, including Trees, incidental to Algonquin Harvesting on Crown Land and in Protected Areas
- describe Algonquin access to Crown Lands within the Settlement Area for purposes of Harvesting, including the use of roads and trails
- ensure Algonquins have the legal authority to participate in Algonquin Wildlife Harvest Plans and fisheries management plans in collaboration with Ontario
- set out principles and processes for fisheries management planning for the Settlement Area
Prior to the Effective Date of a Final Agreement, Ontario and the Algonquins, and where necessary Canada, will make every effort to develop fisheries management plans for all Fish Harvesting in the Settlement Area, including provisions for the Conservation of brook trout in Algonquin Provincial Park. These plans would provide for fishing opportunities for all park users.
While the fisheries management plan for Algonquin Provincial Park is being developed after the Agreement-in-Principle, certain “interim” provisions would apply to Algonquin domestic fishing:
- pending a determination on how fishing, including winter fishing, affects fisheries in four specified zones, or the development of a fisheries management plan or plans, there would be no winter fishing by Algonquins in Algonquin Provincial Park in these four zones that contain lakes with naturally reproducing brook trout and lake trout fisheries which may be particularly sensitive to the impact of fishing
- there would continue to be no fishing in six lakes in Algonquin Provincial Park that are closed for scientific research purposes
- the Algonquins would continue to refrain from using live bait fish in Algonquin Provincial Park
- the Algonquins would continue not to fish for brook trout or lake trout during spawning season in Algonquin Provincial Park
- the Algonquins would have a meaningful role in gathering and analyzing information relating to fishing in the Settlement Area and in monitoring compliance with the interim provision
- the Algonquins and Ontario would discuss the potential for a fish stocking program for the Settlement Area
Algonquins would have the right to trap Furbearers for Domestic Purposes. Trapping for commercial sale would be governed by federal and provincial law. Ontario and the Algonquins would negotiate a Trapping Harmonization Agreement prior to the Effective Date of a Final Agreement.
This Chapter also deals with the transportation of Fish, Wildlife, Migratory Birds and Plants outside of the Settlement Area.
Enforcement matters would continue to be the responsibility of Canada or Ontario. The role of the Algonquins in enforcement with respect to Algonquin Beneficiaries would be subject to further discussion prior to a Final Agreement.
Algonquin Beneficiaries would not be required to hold licences to Harvest in the Settlement Area for Domestic Purposes or to pay any fees in lieu of those licences, but Algonquin Beneficiaries would be required to:
- obtain licences for the use and possession of firearms under federal or provincial law on the same basis as other Aboriginal people
- provide documentation to enforcement officers to demonstrate that they are Algonquin Beneficiaries
Chapter 9: Parks
This Chapter describes how the Algonquins would engage with Ontario in management planning of Protected Areas, specifically, Provincial Parks and Conservation Reserves, in the Settlement Area.
Participation in Protected Area Management Planning
The Parties agree that Ecological Integrity would be the first priority in the management of Protected Areas in the Settlement Area.
A Final Agreement would provide that Ontario would appoint at least one person nominated by the Algonquins to the Ontario Parks Board of Directors. If other boards were established related to Protected Areas in the Settlement Area, the Algonquins would have representation on those boards.
A Final Agreement would set out three levels of Algonquin engagement in Protected Area management planning.
Level 1: The Algonquins review and comment on Protected Area Management Directions prepared by Ontario.
Level 2: The Algonquins are members of the planning teams in the development and amendment of Protected Area Management Directions.
Level 3: In Algonquin Provincial Park and 15 other identified Provincial Parks1 the Algonquins and the responsible Protected Area Manager would work through a planning committee to jointly develop, amend and examine Management Directions, Secondary Plans and other planning and education instruments. Should the Algonquins and the Protected Area Manager not reach agreement, the Algonquins would make submissions to the Minister of Natural Resources who would consider those submissions when making a decision.
Ontario would Consult with the Algonquins if it proposes to establish a new Protected Area in the Settlement Area, and would also Consult with the Algonquins on the level of participation the Algonquins would have in the new Protected Area.
Westmeath (Bellows Bay) Provincial Park would be renamed by the Algonquins and Ontario.
Following the Agreement-in-Principle, Ontario and the Algonquins would engage in Level 3 planning for Petawawa Terrace Provincial Park and Westmeath (Bellows Bay) Provincial Park and would endeavour to reach agreements to reflect Algonquin culture in those parks and to address Algonquin access to those parks for cultural activities.
Access to Protected Areas
A Final Agreement would provide that waterways, roads, trails, use of motorized craft and vehicles, and other access issues in Protected Areas would be addressed through Protected Area Management Planning processes that would consider the maintenance of Ecological Integrity as well as the Algonquin interest in access to Protected Areas for Harvesting. The Algonquins would work with Ontario and the Algonquin Forestry Authority in the development of Forest Management Plans that deal with the construction and decommissioning of forestry roads and water crossings in Algonquin Provincial Park.
Cultural Recognition in Protected Areas
Prior to a Final Agreement, the Parties would endeavour to reach agreements that address cultural recognition in Protected Areas and identify one or more sites in Algonquin Provincial Park or in other Protected Areas for Algonquin use for cultural or ceremonial gatherings. Protected Area Management Plans may include other initiatives to recognize Algonquin culture.
Ontario and the Algonquins would explore the development of a signature project such as a cultural center, museum or other tourist destination in Algonquin Provincial Park or in another Protected Area, subject to any economic or other appropriate feasibility studies.
Employment and Training in Protected Areas
A Final Agreement would address measures to support employment and capacity training for Algonquins to help them meet job requirements in Protected Areas. Prior to a Final Agreement, Ontario and the Algonquins would explore the potential for an Algonquin steward program for Algonquin Provincial Park.
Additions to Protected Areas
A Final Agreement would describe the boundaries for a recommended addition to Lake St. Peter Provincial Park and a recommended Provincial Park (Natural Environment Class) in the area of Crotch Lake subject to all applicable laws including land use planning and environmental assessment processes and the Provincial Parks and Conservation Reserves Act.
De-regulation of Certain Provincial Parks
Ontario would not seek approval to de-regulate certain Provincial Parks2 in whole or part without prior written authorization by the Algonquins. Such authorization would not be unreasonably withheld.
National Parks and Related Federal Matters
Canada would Consult with the Algonquins before establishing any National Park, National Marine Conservation Area, Migratory Bird Sanctuary or National Wildlife Area within the Settlement Area. If a National Park or National Marine Conservation Area is established in the Settlement Area, the Algonquins and Canada would negotiate Algonquin participation in planning and management and the exercise of Algonquin Harvesting rights in that Park or Area.
With respect to the Rideau Canal National Historic Site, Canada would provide the Algonquins free access for boat launching and related parking and lockage where Parks Canada provides those services. Prior to a Final Agreement, Canada and the Algonquins would discuss:
- Algonquin involvement in management planning related to the Rideau Canal National Historic Site
- Algonquin access to selected lock station sites for constructing storyboards or picnic and rest stop facilities
- Algonquin Harvesting on Federal Crown Land on the Rideau Canal National Historic Site, including the use of shelters and camps on those lands
Chapter 10: Heritage and Culture
This Chapter recognizes that:
- Algonquin Heritage Resources (Archaeological Sites, Artifacts, Burial Sites and Algonquin Documentary Heritage Resources) represent an important physical manifestation of ancestral and current Algonquin lifeways, traditional values, culture and knowledge for the Algonquins
- the Algonquins have an interest in the stewardship and conservation of these resources
A Final Agreement would take into account the recommendations of the ongoing work of the Ontario sub-table that was established to implement the recommendations of the Ipperwash Inquiry.
The Chapter provides for:
- agreements between Canada and Ontario and appropriate Algonquin Institutions with respect to sharing data regarding Algonquin Heritage Resources
- discussions prior to a Final Agreement between the Algonquins and Ontario relating to Algonquin interest in archaeological fieldwork within the Settlement Area as well as with Canada on Federal Crown Land
- processes to determine when Algonquin Artifacts in various collections may be deposited or transferred to an Algonquin Institution dedicated to the stewardship of Algonquin Heritage Resources
- the return of Algonquin human remains and associated Artifacts if they are in the possession of the Canadian Museum of Civilization or the Royal Ontario Museum. The Canadian Museum of Civilization would make arrangements for the lending, transfer or sharing of Algonquin Artifacts to appropriate Algonquin Institutions
A protocol would be developed between Ontario and the Algonquins prior to a Final Agreement regarding Burial Sites discovered in the Settlement Area. The protocol would take into account traditional Algonquin burial practices, the principle that human remains are to be treated with respect, and that disturbance is to be minimized. The preference of the Algonquins is to reinter Algonquin remains in the place of discovery or in another location selected by the Algonquins.
A protocol would also be developed between Canada and the Algonquins relating to archaeological fieldwork, Algonquin human remains, Algonquin access to Algonquin Artifacts in Canada’s permanent collection and other matters.
Prior to a Final Agreement, the Parties would:
- discuss access to Algonquin Documentary Heritage Resources (such as important historical documents) including loans of such documents and the making of copies for research, cultural and study purposes
- explore the feasibility and potential benefits of developing comprehensive Algonquin values mapping for the Settlement Area, which would include the identification of areas or potential areas of Algonquin Heritage Resources
Prior to a Final Agreement, the Algonquins and Ontario would explore the development of an Algonquin Nation trail system.
Canada and Ontario would support in principle the Algonquins' intention to pursue Algonquin language and culturally appropriate place names and signage in accordance with applicable legislation, policy and municipal bylaws.
Chapter 11: Self-Government
This Chapter states that a Final Agreement would address self-government arrangements for the Algonquins of Pikwakanagan First Nation, including the Algonquins of Pikwakanagan First Nation reserve. The Parties acknowledge that a Final Agreement would only be concluded if the Parties are able to agree on these matters.
Except as may be provided with respect to the Algonquins of Pikwakanagan First Nation in self-government arrangements, nothing in a Final Agreement would:
- affect any Aboriginal Right of self-government that the Algonquins may have
- prevent any future negotiations among the Parties relating to self- government
Chapter 12: Taxation
This Chapter covers issues regarding taxation that would take effect following a Final Agreement.
The transfer of money and Settlement Lands from Ontario and Canada would not be taxable.
Specified parcels of Algonquin Lands (consisting of 91G, 96I and 350) would be exempt from property taxes as long as they remain unimproved. Structures used exclusively for Harvesting, such as cabins and tent frames, would not be considered to be Improvements. Prior to a Final Agreement, the Algonquins would be required to make arrangements with the local government authorities for the cost of services agreed to be provided on tax exempt lands.
This Chapter provides that the Parties would enter into a tax treatment agreement to come into effect on the Effective Date of a Final Agreement. The tax treatment agreement would provide that a Settlement Trust could be established to hold Algonquin capital that would not be subject to income tax if the terms and conditions specified in the tax treatment agreement are met.
Section 87 of the Indian Act would not apply to any Beneficiary after the Effective Date of a Final Agreement, subject to transitional measures negotiated by the Parties prior to the Final Agreement and subject to self-government arrangements.
Chapter 13: Dispute Resolution
This Chapter outlines processes to resolve Disputes regarding the interpretation, implementation or alleged breaches of a Final Agreement, based on the principle that the Parties would use all reasonable efforts to resolve disputes in a timely, amicable, non-adversarial, and collaborative manner without litigation.
A Dispute Resolution process would include:
- a Party giving written notice to another Party or Parties
- the Parties designating representatives with authority to negotiate a resolution of the matter
- selection of a mediator if the Dispute is not resolved after a specific time period (or application to the Court to have one appointed)
- if mediation does not resolve the Dispute, the option to appoint an arbitrator who would have the authority to make a binding determination (or application to the Court to have one appointed)
Nothing in the Chapter would prevent a Party from seeking an injunction from the Court in case of urgency or where there was a risk of irreparable harm to a right of a Party under a Final Agreement.
Chapter 14: Implementation
This Chapter outlines how the Parties would develop an Implementation Plan prior to the initialling of a Final Agreement.
The Implementation Plan would identify the following:
- obligations of the Parties under a Final Agreement
- costs associated with discharging those obligations and who would pay those costs
- activities to be undertaken to fulfill those obligations and the Party who is responsible
- timelines for activities to be completed, including an agreed-upon timetable for the transfer of Settlement Lands to an Algonquin Institution or Institutions
- how the Implementation Plan could be amended
The Implementation Plan would not be a part of a Final Agreement and it would not create legal obligations among the Parties.
The Implementation Plan would have a term of 10 years from the Effective Date of a Final Agreement and may be extended if necessary.
An Implementation Committee, including one member appointed by each of the Parties, would be established prior to the Effective Date of a Final Agreement. This Committee would be responsible for a number of activities, including monitoring the progress and implementation of a Final Agreement, the Tax Treatment Agreement, the Implementation Plan and any other ancillary agreements.
The Implementation Committee would be required to submit annual reports that would be publicly available.
Chapter 15: Ratification of the Agreement-In-Principle
This Chapter deals with the enrolment of Algonquins for the purpose of voting on the proposed Agreement-in-Principle and sets out the Agreement-in-Principle Ratification Process. The parts of the Chapter dealing with the enrolment of Algonquin Voters for the Ratification Vote on the proposed Agreement-in-Principle have already been implemented.
This Chapter states that the ratification of the Agreement-in-Principle would serve as an indication of support for the proposed Agreement-in-Principle and negotiations towards a Final Agreement. The results of the Ratification Vote would be assessed by the Parties to determine the likely success of further negotiations. It also makes it clear that the Agreement-in-Principle would not create legal obligations.
The entitlement to vote is based upon Eligibility Criteria for enrolment provided within Chapter 3 of the proposed Agreement-in-Principle. The enrolment process is managed by a Ratification Committee, whose members have been appointed by each of the three Parties. The Ratification Committee is assisted by an enrolment officer who certifies whether Applicants meet the requirement of Direct Lineal Descent from an Algonquin Ancestor and a Ratification Vote Manager who is responsible for the conduct of the Ratification Vote itself.
The Ratification Committee was required to publicly post a Preliminary Voters List of persons who have been enrolled as Voters. Persons who were on that Preliminary List could protest the inclusion or omission of a name on or from that List in accordance with criteria set out in this Chapter. Applicants who were unsuccessful in having their names placed on the List could also protest their omission.
Protests were managed by a Review Committee, appointed by the Algonquins, in consultation with Ontario and Canada. Decisions of the Review Committee are final for the purposes of the Agreement-in-Principle Ratification Vote but would not determine future rights to participate in the Ratification Vote on a Final Agreement or to enrol as a Beneficiary after a Final Agreement as outlined in Chapter 3.
Chapter 16: Ratification of the Final Agreement
This Chapter deals with the ratification of a Final Agreement. A Final Agreement would require:
- a successful Ratification Vote on a Final Agreement by the Algonquins
- signing of a Final Agreement by the Algonquin Negotiation Representatives or their successors, as well as by authorized representatives from Ontario and Canada
- Implementation Legislation from Canada and Ontario
Details of the Ratification Vote process would be developed by the Parties and would be set out in a Final Agreement.
The Ratification Committee that was established under Chapter 15 for the ratification of the Agreement-in-Principle would also manage the implementation of a Final Agreement Ratification Process, including:
- establishing a Preliminary Voters List and a Final Voters List
- preparing and distributing information about the Algonquin Ratification Vote
- conducting and reporting the results of the Ratification Vote
A Final Agreement would set out a process for appealing enrolment decisions of the Ratification Committee.
1 These other parks include: Ottawa River (Whitewater) Provincial Park; Petawawa Terrace Provincial Park; Westmeath Provincial Park (Bellows Bay); Alexander Lake Forest Provincial Park; Crotch Lake Conservation Reserve and proposed Provincial Park; Deacon Escarpment Recommended Conservation Reserve; Egan Chutes Provincial Park; Egan Chutes Provincial Park (waterway addition); Hungry Lake Conservation Reserve; Lake St. Peter Provincial Park and proposed addition; Mattawa River Provincial Park; Samuel de Champlain Provincial Park; Upper Madawaska River Provincial Park; Upper Ottawa River Recommended Provincial Park; and Bon Echo Provincial Park
2 These parks include: Deacon Escarpment Recommended Conservation Reserve, Petawawa Terrace Provincial Park, Westmeath Provincial Park, Ottawa River (Whitewater) Provincial Park, Crotch Lake Conservation Reserve and Lake St. Peter Provincial Park.