9 (1) If one or more First Nations having one or more reserves in the Far North indicate to the Minister their interest in initiating the planning process, the Minister shall work with them to prepare terms of reference to guide the designation of an area in the Far North as a planning area and the preparation of a land use plan for the purposes of this section.  2010, c. 18, s. 9 (1). Same, other First Nations (2) The Minister and one or more First Nations not having a reserve in the Far North that indicate to the Minister their interest in initiating the planning process may agree to work with each other to prepare the terms of reference.  2010, c. 18, s. 9 (2). Joint planning team (3) The First Nations that work with the Minister under subsection (1) or (2) and the Minister shall, (a)  create a joint planning team that the parties shall use when preparing the terms of reference, the land use plan mentioned in subsection (6) and any amendments to the terms of reference, the planning area or the plan; (b)  include a description of the joint planning team in the terms of reference; and (c)  take into account the objectives set out in section 5 when preparing the terms of reference.  2010, c. 18, s. 9 (3). Order (4) The Minister may make an order designating a planning area if, (a)  the Minister has approved the terms of reference; (b)  the council of each of the First Nations that works with the Minister under subsection (1) or (2) has passed a resolution approving the terms of reference; and (c)  in designating the area, the Minister follows the terms of reference.  2010, c. 18, s. 9 (4). Posting on the Internet (5) Upon approving the terms of reference, the Minister shall post a copy of them on the Government of Ontario site on the Internet.  2010, c. 18, s. 9 (5). Preparation of plan (6) The First Nations that work with the Minister under subsection (1) or (2) may work with the Minister to prepare a land use plan for the planning area.  2010, c. 18, s. 9 (6). Factors to consider (7) In preparing a land use plan under subsection (6), the First Nations that prepare the plan and the Minister shall take into account the objectives set out in section 5 and the Far North land use strategy, if any, as it exists at the time the plan is prepared.  2010, c. 18, s. 9 (7). Process for preparing plan (8) In preparing a land use plan under subsection (6), the First Nations that prepare the plan and the Minister shall, (a)  jointly prepare a draft plan that follows the terms of reference as they apply to guide the preparation of the plan; (b)  provide to the public notice of the draft plan that indicates where members of the public may access a copy of the draft plan; (c)  ensure there is an opportunity for the public to provide written comments on the draft plan within the time period that the Minister specifies; and (d)  take other steps that they jointly consider necessary to prepare the plan.  2010, c. 18, s. 9 (8). Mandatory contents of plan (9) A land use plan prepared under subsection (6) shall, (a)  specify the prescribed category of land use designation to which areas in the planning area belong, if categories of land use designations have been prescribed; (b)  specify land use designations in the planning area and the development, land uses and activities that are permitted or are not permitted in the area to which each such designation applies, if no categories of land use designations have been prescribed; (c)  designate one or more areas in the planning area as protected areas; (d)  specify to which category of protected area each protected area belongs, if categories of protected areas are prescribed; (e)  describe how the plan has addressed the significant cultural and ecological features, land uses and land use designations for areas adjacent to the planning area that the joint planning team has identified; (f)  specify when the parties that prepared the plan are required to review it, which shall not be more frequently than once every 10 years after the plan is approved as a community based land use plan; and (g)  contain the other matters, if any, that are prescribed.  2010, c. 18, s. 9 (9). Additional contents of plan (10) A land use plan prepared under subsection (6) may contain other matters related to land use planning in addition to the matters required by subsection (9).  2010, c. 18, s. 9 (10). Amended planning area (11) At any time before a land use plan mentioned in subsection (6) is approved as a community based land use plan for a planning area, the Minister may make an order amending the boundaries of the area, including if, (a)  the First Nations that work with the Minister under subsection (1) or (2) on preparing the original terms of reference work with the Minister to prepare terms of reference to guide the making of the amendment; (b)  the Minister has approved the terms of reference to guide the making of the amendment; (c)  the council of each of the First Nations that work with the Minister under subsection (1) or (2) on preparing the original terms of reference has passed a resolution approving the terms of reference to guide the making of the amendment; and (d)  in making the order, the Minister follows the terms of reference to guide the making of the amendment.  2010, c. 18, s. 9 (11). Amended terms of reference (12) At any time before a land use plan mentioned in subsection (6) is approved as a community based land use plan, the First Nations that worked with the Minister under subsection (1) or (2) on preparing the terms of reference may work with the Minister to amend the terms of reference as they apply to guide the preparation of the plan.  2010, c. 18, s. 9 (12). Approval of amended terms of reference (13) The terms of reference as they apply to guide the preparation of the plan are amended to contain the amendment mentioned in subsection (12) if, (a)  the Minister approves the terms of reference containing the amendment; and (b)  the council of each of the First Nations that prepared the original terms of reference with the Minister has passed a resolution approving the terms of reference containing the amendment.  2010, c. 18, s. 9 (13). Approval of plan (14) A land use plan prepared under subsection (6) has no effect until, (a)  the Minister, by order, approves the parts of the plan that subsection (9) requires be included in the plan; and (b)  the council of each of the First Nations mentioned in subsection (6) passes a resolution approving the plan.  2010, c. 18, s. 9 (14). Minister’s approval (15) The Minister shall not make an order approving a land use plan under clause (14) (a) unless the plan is a land use plan for the planning area as it exists at the time the Minister makes the order.  2010, c. 18, s. 9 (15). Factors for Minister to consider (16) In deciding whether to make an order approving a land use plan under clause (14) (a), the Minister shall take into account the objectives set out in section 5 and the Far North land use strategy, if any, as it exists at the time the Minister decides whether to make the order.  2010, c. 18, s. 9 (16). Notice of approval (17) When a land use plan is approved under subsection (14), the Minister shall post on the Government of Ontario site on the Internet, (a)  a notice indicating that the plan has been approved as required by that subsection; (b)  a copy of the parts of the plan that the Minister by order has approved under clause (14) (a); (c)  a copy of the parts of the plan that are approved under clause (14) (b), other than the parts that subsection (9) requires be included in the plan, if the council of each of the First Nations mentioned in that clause has approved the posting under this clause; and (d)  a notice specifying under which one of clauses (b) and (c) the parts of the plan are so posted.  2010, c. 18, s. 9 (17). Contents of approved plan (18) A land use plan approved under subsection (14) consists of the parts of the plan approved under clause (14) (a) and the parts of the plan approved under clause (14) (b) that subsection (9) does not require be included in the plan.  2010, c. 18, s. 9 (18). Non-application of Environmental Assessment Act (19) For greater certainty, a community based land use plan is not an undertaking as defined in the Environmental Assessment Act.  2010, c. 18, s. 9 (19). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (19) of the Act is repealed. (See: 2020. c. 18, Sched. 6, s. 53) Grants (20) The Minister may make grants for the purpose of preparing a land use plan under subsection (6) or implementing or reviewing a community based land use plan and the grants shall be paid out of money appropriated for that purpose by the Legislature.  2010, c. 18, s. 9 (20). Transition (21) The area to which the document entitled “Keeping the Land: A Land Use Strategy for the Whitefeather Forest and Adjacent Areas”, approved on June 26, 2006 and as amended from time to time, applies is deemed to be a planning area; that document is deemed to be a community based land use plan and the Minister shall ensure the document is made available to the public.  2010, c. 18, s. 9 (21). (22) Repealed: 2021, c. 40, Sched. 10, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 53 - not in force 2021, c. 40, Sched. 10, s. 6 - 09/12/2021