jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purpose of this Act is to provide for community based land use planning in the Far North that, (a)  sets out a joint planning process between the First Nations and Ontario; (b)  supports the environmental, social and economic objectives for land use planning for the peoples of Ontario that are set out in section 5; and (c)  is done in a manner that is consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult.  2010, c. 18, s. 1.
2 In this Act, “band” and “reserve” have the same meaning as in the Indian Act (Canada); (“bande”, “réserve”) “community based land use plan” means a land use plan that has been prepared under section 9 and approved as required by that section; (“plan communautaire d’aménagement du territoire”) “council” with respect to a band, has the same meaning as “council of the band” as defined in the Indian Act
(Canada); (“conseil”) “Far North” means, (a)  the portion of Ontario that lies north of the land consisting of, (i)  Woodland Caribou Provincial Park, (ii)  the following management units designated under section 7 of the Crown Forest Sustainability Act, 1994 as of May 1, 2009: Red Lake Forest, Trout Lake Forest, Lac Seul Forest and Caribou Forest, (iii)  Wabakimi Provincial Park, and (iv)  the following management units designated under section 7 of the Crown Forest Sustainability Act, 1994 as of May 1, 2009: Ogoki Forest, Kenogami Forest, Hearst Forest, Gordon Cosens Forest and Cochrane-Moose River, or (b)  the area, if any, that is set out in the regulations made under this Act and that describes the area described in clause (a) more specifically; (“Grand Nord”) “Far North land use strategy” means the strategy for land use planning in the Far North that may be prepared under section 8; (“stratégie d’aménagement du Grand Nord”) “Far North policy statement” means a policy statement issued by the Minister under subsection 7 (7); (“déclaration de principes sur le Grand Nord”) “First Nation” means a band having one or more reserves set apart for it in the area of Treaty No. 5 or The James Bay Treaty - Treaty No. 9 which latter treaty was made in 1905 and 1906 with adhesions made in 1929 and 1930; (“Première Nation”) “Minister” means the member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”) “planning area” means an area of public land in the Far North that is designated in an order made under subsection 9 (4); (“zone d’aménagement”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “protected area” means an area of land that is designated as such by a land use plan under clause 9 (9) (c) if the plan is approved as a community based land use plan; (“zone protégée”) “public land” has the same meaning as in the Public Lands Act. (“terres publiques”)  2010, c. 18, s. 2; 2021, c. 40, Sched. 10, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 10, s. 1 (1, 2) - 09/12/2021
3 This Act does not apply to, (a)  any part of a reserve; (b)  land vested in the Crown in right of Canada; (c)  any part of a municipality; or (d)  land that is not public land.  2010, c. 18, s. 3.
4 (1) An order of the Minister or the Lieutenant Governor in Council made under this Act is not a regulation within the meaning of Part III of the Legislation Act, 2006.  2010, c. 18, s. 4 (1). No hearing required (2) The Minister or the Lieutenant Governor in Council is not required to hold or afford to a person an opportunity for a hearing before making an order under this Act.  2010, c. 18, s. 4 (2). Publication (3) The Minister shall post on the Government of Ontario site on the Internet a copy of the orders that the Minister and the Lieutenant Governor in Council make under this Act.  2010, c. 18, s. 4 (3). Land Use Planning
5 The following are objectives for land use planning in the Far North: 1.  A significant role for First Nations in the planning. 2.  The protection of areas of cultural value in the Far North and the protection of ecological systems in the Far North by various means, including the designation of protected areas in community based land use plans. 3.  The maintenance of biological diversity, ecological processes and ecological functions, including the storage and sequestration of carbon in the Far North. 4.  Enabling sustainable economic development that benefits the First Nations.  2010, c. 18, s. 5; 2021, c. 40, Sched. 10, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 10, s. 2 - 09/12/2021
6 Contributions of traditional knowledge and perspectives on protection, conservation and sustainable development made by First Nations for the purposes of land use planning under this Act shall be considered as land use planning is carried out under this Act. 2021, c. 40, Sched. 10, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 10, s. 3 - 09/12/2021
10 (1) Any of the First Nations that have approved a community based land use plan or the Minister may, with respect to land use designations in the planning area, the designation of protected areas in the planning area or the specification of permitted land uses in the planning area propose an amendment to the plan in accordance with any prescribed requirements and restrictions.  2010, c. 18, s. 10 (1); 2021, c. 40, Sched. 10, s. 7. Process for amendment (2) Subsections 9 (7), (9), (10) and (14) to (20) apply to a proposed amendment to a community based land use plan, reading references to a land use plan as references to the proposed amendment and references to the First Nations that prepared the plan with the Minister as references to the First Nations that approved the plan.  2010, c. 18, s. 10 (2). Amended planning area (3) The Minister may make an order amending the boundaries of a planning area after a community based land use plan is approved under section 9 for the area, including if, (a)  the First Nations that worked with the Minister under that section to prepare the plan 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 worked with the Minister under that section to prepare the plan 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. 10 (3). Process (4) For greater certainty, nothing in section 9 applies to the making of an order under subsection (3).  2010, c. 18, s. 10 (4). Effect on plan (5) When the Minister makes an order under subsection (3), the community based land use plan, (a)  ceases to apply to any area that the order removes from the planning area; and (b)  does not apply to any area that the order adds to the planning area unless the plan is amended under subsection (1) with respect to the added area.  2010, c. 18, s. 10 (5). Amended publication (6) Upon making an order under subsection (3) that removes any area from the planning area, the Minister shall amend the copy of the community based land use plan posted on the Government of Ontario site on the Internet in accordance with subsection 9 (17) to indicate the effect of the order on the plan.  2010, c. 18, s. 10 (6). Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 10, s. 7 - 09/12/2021
11 (1) After a community based land use plan is approved under section 9 for a planning area, the council of each of the First Nations may jointly request that the Minister make a regulation specifying the boundaries of a protected area in the planning area.  2010, c. 18, s. 11 (1). Procedure (2) For greater certainty, nothing in section 9 applies to the making of a regulation under subsection (1).  2010, c. 18, s. 11 (2). Effect of regulation (3) The boundaries of a protected area that are specified in a regulation made under subsection (1) supersede the boundaries of the area that are specified in the designation of the area made by the community based land use plan that applies to the area.  2010, c. 18, s. 11 (3). Amended publication (4) Upon making a regulation under subsection (1), the Minister shall amend the copy of the community based land use plan posted on the Government of Ontario site on the Internet in accordance with subsection 9 (17) to indicate the effect of the regulation on the plan.  2010, c. 18, s. 11 (4). No amendment by parties (5) If the Minister makes a regulation under subsection (1) specifying the boundaries of a protected area designated in a community based land use plan, none of the First Nations nor the Minister may propose an amendment to the plan under subsection 10 (1) to specify the boundaries of the area.  2010, c. 18, s. 11 (5). 12 Repealed: 2021, c. 40, Sched. 10, s. 8. Section Amendments with date in force (d/m/y) 2010, c. 18, s. 22 (3) - no effect - see 2021, c. 40, Sched. 10, s. 8 - 09/12/2021 2021, c. 40, Sched. 10, s. 8 - 09/12/2021
13 (1) If there is no community based land use plan for an area in the Far North, a First Nation may request that the Minister make an order designating the area as an area of provisional protection.  2010, c. 18, s. 13 (1). Order (2) At the request of a First Nation under subsection (1) or on his or her own initiative, the Minister may make the order described in that subsection if the Minister is of the opinion that the prescribed criteria have been met.  2010, c. 18, s. 13 (2). Effect of order (3) An order designating an area as an area of provisional protection shall specify the developments, land uses and activities that are not permitted in the area, subject to the restriction that no person shall carry on any of the developments, land uses and activities described in any of paragraphs 2 to 6 of subsection 14 (2) in the area.  2010, c. 18, s. 13 (3). Withdrawing land from mining claim registration (4) If the Minister makes an order under subsection (2) with respect to an area, (a)  the Minister shall request the Minister responsible for the administration of the Mining Act to make an order under that Act withdrawing the area from mining claim registration under that Act; or (b)  if the Minister is responsible for the administration of both this Act and the Mining Act, the Minister may make an order in accordance with that Act withdrawing the area from mining claim registration under that Act. 2021, c. 40, Sched. 10, s. 9. Non-application of Environmental Assessment Act (5) For greater certainty, the designation of an area as an area of provisional protection is not an undertaking as defined in the Environmental Assessment Act.  2010, c. 18, s. 13 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 13 (5) of the Act is repealed. (See: 2020. c. 18, Sched. 6, s. 53) Termination of order (6) An order that designates an area as an area of provisional protection ceases to have any effect if a community based land use plan takes effect for the area.  2010, c. 18, s. 13 (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. 9 - 09/12/2021
15 (1) The Minister may, by order, require any person to stop any activity that, in the opinion of the Minister, is in contravention of subsection 14 (1) or (2).  2010, c. 18, s. 15 (1). Compliance (2) No person shall contravene or fail to comply with the Minister’s order.  2010, c. 18, s. 15 (2). Offence (3) Every person who contravenes subsection (2) is guilty of an offence and on conviction is liable to a fine of not more than $10,000 and to an additional fine of not more than $1,000 for each day during which the offence continues.  2010, c. 18, s. 15 (3). General
16 The Minister may enter into agreements for the purpose of enabling land use planning in the Far North in accordance with this Act.  2010, c. 18, s. 16.
17 Despite any other Act, the Minister’s authority to do anything under this Act is not affected or restricted by a growth plan approved under section 7 of the Places to Grow Act, 2005, including all amendments to the plan.  2010, c. 18, s. 17.
18 For the purposes of this Act, the Minister may collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act.  2010, c. 18, s. 18.
19 (1) In this section, “person” includes the Crown and its employees and agents, members of the Executive Council and their employees and agents.  2010, c. 18, s. 19 (1). No cause of action (2) No cause of action arises as a direct or indirect result of, (a)  the enactment or repeal of any provision of this Act; (b)  the making or revocation of any provision of the regulations made under this Act; (c)  the preparation of a community based land use plan or the preparation of an amendment to such a plan; (d)  anything done or not done in accordance with this Act or the regulations made under it; or (e)  any act done in good faith in the performance or intended performance of any duty or in the exercise or intended exercise of any power under this Act or the regulations made under it or any neglect or default in the performance or exercise in good faith of such duty or power.  2010, c. 18, s. 19 (2). No remedy (3) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything mentioned in subsection (2).  2010, c. 18, s. 19 (3). Proceedings barred (4) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to anything mentioned in subsection (2) may be brought or maintained against any person.  2010, c. 18, s. 19 (4). Same (5) Subsection (4) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the coming into force of this Act.  2010, c. 18, s. 19 (5). Proceedings set aside (6) Any proceeding mentioned in subsection (4) commenced before the day this Act comes into force shall be deemed to have been dismissed, without costs, on the day this Act comes into force.  2010, c. 18, s. 19 (6). No expropriation (7) Nothing in this Act and nothing done or not done in accordance with this Act constitutes an expropriation or injurious affection for the purposes of the Expropriations Act
or otherwise at law.  2010, c. 18, s. 19 (7).
20 (1) If there is a conflict between a provision of this Act and a provision of the Places to Grow Act, 2005, the provision of this Act prevails.  2010, c. 18, s. 20 (1). Definition (2) In this section, “growth plan” means a growth plan approved under section 7 of the Places to Grow Act, 2005, including all amendments to the plan.  2010, c. 18, s. 20 (2). Conflict, Far North land use strategy (3) Despite any other Act, if there is a conflict on matters related to land use between a growth plan and the Far North land use strategy, the strategy prevails.  2010, c. 18, s. 20 (3). Same, community based land use plan (4) Despite any other Act, if there is a conflict on matters related to land use between a growth plan and the matters that subsection 9 (9) requires be included in a community based land use plan, those matters included in the community based land use plan prevail.  2010, c. 18, s. 20 (4).
21 (1) The Lieutenant Governor in Council may make regulations describing the boundaries of the Far North.  2010, c. 18, s. 21 (1). Same, Minister (2) The Minister may make regulations, (a)  specifying anything that this Act describes as being prescribed; (b)  specifying requirements and restrictions that apply to amendments that parties who prepared a community based land use plan propose to the plan under subsection 10 (1), including the nature of the amendments that they can propose, the times at which they can propose the amendments and the process governing the making of the amendments; (c)  specifying categories of land use designations in a planning area and the developments, land uses and activities that are permitted or are not permitted in a category of land use designation; (d)  specifying categories of protected areas and the developments, land uses and activities that are permitted or are not permitted in a category of protected area; (e)  specifying boundaries of a protected area in a planning area for the purpose of subsection 11 (1); (f)  providing for matters to facilitate the implementation of this Act or any provision of it, including providing for transitional matters in relation to, (i)  the coming into force of a community based land use plan, or (ii)  the amendment of a planning area or a community based land use plan.  2010, c. 18, s. 21 (2). 22 Omitted
(provides for amendments to this Act).  2010, c. 18, s. 22; 2021, c. 40, Sched. 10, s. 11. Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 10, s. 11 - 09/12/2021 23-25 Omitted (amends, repeals or revokes other legislation).  2010, c. 18, ss. 23-25. 26 Omitted (provides for coming into force of provisions of this Act).  2010, c. 18, s. 26. 27 Omitted (enacts short title of this Act).  2010, c. 18, s. 27. ______________  Français