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Ontario's Approach to Land Claim Negotiations

Ontario recognizes that resolving land claims can help the province meet its legal obligations and create new opportunities for Aboriginal and non-Aboriginal communities.

Most land claim negotiations involve the federal government. However, the Government of Canada and the Government of Ontario may each have a role to play in resolving land claims.

Ontario may become involved in a land claim because:

• It had a role in the historical events giving rise to the claim.
• The claim involves assertions of rights to Crown lands, natural resources or private property.

The issues arising from Ontario land claims may include:

• The meaning of original treaty agreements — in particular, the intentions and understandings of the Crown and Aboriginal parties that entered into the agreements.
• The extent to which treaty commitments have been honoured.
• Improper surrenders of First Nations' reserve lands.
• How to deal with lands that a First Nation surrendered for sale, but that remain unsold, often after many years.
• The amount of compensation paid by Ontario for the right to locate provincial highways on reserve lands, or for other uses of reserve lands.

Negotiations are an effective process for addressing the legal, constitutional and practical issues raised by land claims.

Ontario is committed to making sure land claim negotiations address the interests and concerns of people who use, live or work on lands within the claim area. Involving people who are affected by the claim helps lead to settlements that are broadly accepted.

• Negotiation Criteria
• Public Involvement
• Negotiation Framework Agreement
• Private Property and Crown Land Uses
• "Fast-Track" Process
• More Efficient and Effective Settlements

Using several criteria, Ontario decides whether negotiation is the best way to resolve the issues raised by a land claim.

Ontario conducts reviews to determine:

• The historical facts giving rise to the claim.
• Whether the province may have any legal obligations regarding the claim.

Ontario also conducts assessments to determine whether:

• Negotiations can lead to a settlement, be accepted by those affected and foster good relations among communities.
• A settlement can meet the government's policy of supporting Aboriginal self-reliance through economic development.

Formal negotiations with the Aboriginal community and the federal government begin after the reviews and assessments have taken place and the Minister of Aboriginal Affairs has decided to enter into negotiations.

Involving the public during land claim negotiations helps Ontario identify and determine the best way to address local interests.

How can a land claim affect you?

You may be affected by a land claim if you:

• Live in the area under claim.
• Are a municipality or agency with highways, hydro-electric corridors, railways, pipelines, etc., in the area.
• Operate a business or industry in the area.
• Use the land in the area for tourism or recreation.
• Have a lease, license or permit to use the land in the area.

If you are affected by a land claim, Ontario will consider your interests in the process of negotiating a settlement to the claim.

Why does Ontario involve you in the negotiation process?

Ontario consults with the parties affected by a land claim to identify their interests.

The goal of consulting with the public during the negotiation process is to reach a settlement agreement that is sensitive to the interests of and provides greater certainty for those affected by the land claim.

During the public consultation process, Ontario provides information about the claim to those who might be affected.

How does Ontario involve you in the negotiation process?

There are many ways Ontario may engage the public in the negotiating process. Some examples include:

• Sending newsletters and fact sheets to local municipal officials, affected parties, the general public and the media.
• Holding open houses and workshops.
• Posting information on our website.
• Making presentations to interest groups.
• Creating advisory committees that include representatives of local interests.
• Inviting a municipal government representative to participate as a member of the Ontario negotiating team on complex claims with many affected interests.

At the start of negotiations, negotiating parties usually develop a negotiation framework agreement. This agreement addresses process matters such as:

• The issues to be addressed in the negotiation.
• Negotiation timeframes.
• Funding to the Aboriginal community to support its participation in the negotiations.
• Public involvement processes and/or communications.

During talks leading to a negotiation framework agreement, the parties may:

• Prepare a work plan and budget to support the Aboriginal community's participation in the negotiation process.
• Make cost-sharing arrangements with First Nations and Canada in relation to land appraisals in the claim area and public consultation activities, for example.

The parties may agree to conduct studies to help determine the size and scope of the claim settlement. The kinds of studies that may be helpful to the parties include:

• Land appraisals — To determine the financial value of the lands under claim.
• Loss of use studies — To help the negotiating parties assess the impact on the Aboriginal community of the loss of use of the claimed lands and its opportunities, such as forestry, mining, etc.
• Hydrological studies — To help assess the extent of potential flooding on claimed lands and its effects.

Ontario will not expropriate private property to reach a land claim settlement. However, when it would help to reach a settlement, Ontario may agree to buy land from an owner who wants to sell, in order to include it in a claim settlement.

During negotiations, Ontario considers how Crown lands are being used. Potential impacts on current uses are reduced as much as possible. For example, the province will not cancel Crown land leases, easements, mining claims, timber allocations, and other licences and permits during their term.

The Ontario Ministry of Aboriginal Affairs has a "fast-track" process that applies only to claims where:

• Ontario's share of any compensation is less than $2 million.
• No land is claimed as compensation.

In these cases, the documentation provided by an Aboriginal community must show that the issues raised are clear and uncomplicated. This process promotes efficiency in reaching settlement on small claims.

Settlements bring certainty to the issues under negotiation, including matters regarding access and title to Crown lands and natural resources.

Land claim settlements:

• Meet the province's legal obligations to the Aboriginal community.
• Promote self-reliance of Aboriginal communities.
• Provide Aboriginal communities with opportunities for economic and community development.
• Help foster a stable climate for local business and other interests.