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The East Side Traditional Lands Planning and Special Protected Areas Act
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This version is current as of August 15, 2017.
It has been in effect since June 15, 2015.

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C.C.S.M. c. E3

The East Side Traditional Lands Planning and Special Protected Areas Act

(Assented to June 11, 2009)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

INTRODUCTORY PROVISIONS

Definitions

1           The following definitions apply in this Act.

"Crown land" means Crown lands as defined in The Crown Lands Act. (« terres domaniales »)

"Crown resources" means natural resources administered and controlled by the Crown in right of Manitoba. (« ressources domaniales »)

"east side management area" means the area on the east side of Lake Winnipeg designated by a regulation made under clause 26(a). (« zone de gestion du côté est »)

"First Nation" means a band as defined in the Indian Act (Canada). (« Première nation »)

"management plan" means a plan for the use of Crown land and the management of Crown resources in a planning area, that is approved by the Lieutenant Governor in Council under subsection 12(2). (« plan de gestion »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"planning area" means an area of land designated as a traditional use planning area under section 4. (« zone de planification »)

"planning council" means a planning council established pursuant to an agreement made under section 9. (« conseil de planification »)

"public registry" means the public registry established under section 20. (« registre public »)

"special protected area" means an area of Crown land designated as a special protected area under section 18. (« zone protégée spéciale »)

Objectives

2           The objectives of this Act include

(a) developing a new government-to-government relationship between the Wabanong Nakaygum Okimawin (East Side) First Nations and the government arising out of the east side planning initiative; and

(b) implementing the goals and objectives of the Wabanong Nakaygum Okimawin Council of Chiefs Accord dated April 3, 2007, in accordance with the principles set out in that accord.

Purpose

3           The purpose of this Act is

(a) to enable First Nations and aboriginal communities on the east side of Lake Winnipeg to engage in land use and resource management planning for designated areas of Crown land that they have traditionally used; and

(b) to provide designated areas of Crown land on the east side of Lake Winnipeg with special protection from development and other activities that might occur on that land.

Aboriginal rights protected

4           This Act is not to be interpreted so as to abrogate or derogate from the aboriginal and treaty rights of the aboriginal peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982.

PART 2

LAND USE AND RESOURCE PLANNING

DESIGNATING TRADITIONAL USE PLANNING AREAS

Request for traditional use planning area

5(1)        One or more First Nations or aboriginal communities may request that an area of Crown land in the east side management area that they have traditionally used be designated as a traditional use planning area.

Form of request

5(2)        The request must be made in writing to the minister and must

(a) set out the boundaries of the proposed planning area;

(b) include information about the levels of support for the proposed designation from other First Nations and aboriginal communities that have traditionally used land in the proposed planning area; and

(c) include any other information or documentation prescribed by regulation.

Designating planning areas

6(1)        In response to a request received by the minister, the Lieutenant Governor in Council may, by regulation, designate an area as a traditional use planning area. The area designated may consist of all or part of the area requested under section 5.

Contents of regulation

6(2)        The regulation must name the planning area and set out its boundaries.

Land in planning areas

6(3)        Land may be included in a planning area only if it is Crown land that is not located in a municipality or local government district or within the boundaries of a community or settlement designated under The Northern Affairs Act.

INTERIM RESTRICTIONS AND PROHIBITIONS

Regulations

7(1)        When a planning area is designated, the Lieutenant Governor in Council may make regulations respecting one or more of the following matters:

(a) the allocation or disposition of Crown land and Crown resources in the planning area;

(b) prohibitions, restrictions or conditions on the use of Crown land and Crown resources in the planning area;

(c) prohibitions, restrictions or conditions on development, or specified types or classes of development, in the planning area;

(d) the process for making decisions involving the allocation, disposition or use of Crown land and Crown resources in the planning area and development in the planning area.

Regulation only in force until plan in effect

7(2)        A regulation made under subsection (1) has effect only

(a) until a management plan for the planning area comes into effect; or

(b) if the regulation contains a provision that the regulation ceases to have effect on a specified date, until the specified date or the date on which a management plan for the planning area comes into effect, whichever is earlier.

Decisions in accordance with regulation

7(3)        While a regulation under subsection (1) is in effect, any decision under another enactment respecting the allocation, disposition or use of Crown land and Crown resources in the planning area, or respecting development in the planning area, must be made in accordance with the regulation.

S.M. 2011, c. 35, s. 11.

PUBLIC NOTICE AND INPUT

Public notice requirements

8(1)        The minister must give public notice

(a) at least 90 days before a planning area is designated by regulation under section 6, setting out the boundaries of the proposed planning area;

(b) at least 90 days before a regulation is made under subsection 7(1), that a copy of the proposed regulation is available for review in the public registry.

Submissions

8(2)        Within 60 days after notice is given under subsection (1), any person may make written submission to the minister respecting the proposed planning area or the proposed regulation.

Requirement to seek input

8(3)        Before a regulation is made under section 6 or 7, the minister must

(a) provide an opportunity for First Nations and aboriginal communities that have traditionally used land in the planning area or the proposed planning area to consider and comment on the proposed planning area or the proposed regulation; and

(b) provide an opportunity for users of Crown land and Crown resources in the planning area or the proposed planning area to consider and comment on the proposed planning area or the proposed regulation.

S.M. 2012, c. 40, s. 18.

AGREEMENTS

Agreements on planning activities

9(1)        The minister, on behalf of the government, may enter into agreements respecting land use and resource management planning in a planning area with First Nations and aboriginal communities that have traditionally used land in the planning area.

Planning council

9(2)        An agreement under subsection (1) may provide for the establishment of a planning council to conduct specified planning activities in the planning area, and may deal with one or more of the following matters:

(a) membership of the council, including the number of members and their terms of office;

(b) officers of the council, including the appointment of chairs or co-chairs;

(c) procedures for appointing and removing members, and for filling vacancies on the council;

(d) practice and procedure for the council.

DEVELOPING A MANAGEMENT PLAN

Agreement to develop management plan

10(1)       An agreement under section 9 may authorize the planning council to develop a plan for the use of land and the management of resources in the planning area that

(a) provides for the management, use and sustainable development of Crown land and Crown resources in the planning area;

(b) identifies zones or areas in the planning area and describes uses of Crown land and Crown resources that will be permitted, restricted or prohibited in each zone or area;

(c) makes recommendations about the implementation of the plan; and

(d) addresses any other matters that the planning council considers advisable.

Directions from minister

10(2)       If the planning council is authorized to develop a management plan, the minister may direct the planning council to do one or more of the following:

(a) seek input from any parties specified by the minister;

(b) hold public meetings about the plan as specified by the minister;

(c) comply with any directions from the minister about the form or content of the plan;

(d) provide the minister with drafts of the plan when requested;

(e) comply with any time frames specified by the minister for preparing the plan and submitting it for approval.

Considerations

10(3)       A planning council must consider the following when developing a management plan:

(a) the natural resources of the planning area;

(b) environmental considerations in the planning area;

(c) traditional uses of land in the planning area by members of First Nations and aboriginal communities;

(d) cultural and social factors and priorities, including the protection and preservation of sites in the planning area with religious, spiritual or archaeological significance;

(e) the exercise of aboriginal rights and treaty rights in the planning area;

(f) the economic development needs of

(i) First Nations and aboriginal communities that have traditionally used land in the planning area,

(ii) residents of the surrounding region, and

(iii) the province as a whole;

(g) existing and approved land and resource use and development in the planning area;

(h) if applicable, the existence of a special protected area in the planning area;

(i) provincial land use policies established under The Planning Act;

(j) information received by the planning council from any meetings or other efforts to obtain input on the management plan.

Application of traditional knowledge

10(4)       When considering the matters set out in subsection (3), a planning council may apply traditional knowledge in relation to those matters.

APPROVING A MANAGEMENT PLAN

Forwarding proposed plan to minister

11(1)       When the planning council has completed the development and preparation of a management plan, it must forward the proposed management plan to the minister.

Public notice

11(2)       At least 90 days before an order is made under subsection 12(2) approving the proposed management plan, the minister must give public notice that a copy of the proposed management plan is available for review in the public registry.

Submissions

11(3)       Within 60 days after notice is given under subsection (2), any person may make a written submission to the minister respecting the proposed management plan.

Changes required by minister

11(4)       The minister may require the planning council to amend the proposed management plan before submitting it for approval under section 12.

Approval and input requirements

12(1)       The minister may submit the proposed management plan to the Lieutenant Governor in Council for approval only after

(a) every First Nation or aboriginal community that requested the designation of the planning area has provided the minister with written approval of the plan; and

(b) the minister has provided an opportunity for First Nations and aboriginal communities that have traditionally used land in the planning area to consider and comment on the proposed management plan.

Approval of management plan

12(2)       The Lieutenant Governor in Council may, by order, approve the proposed management plan and specify its effective date.

All decisions must take plan into account

13(1)       When a management plan is in effect, any decision under an enactment respecting the allocation, disposition or use of Crown land and Crown resources in the planning area, and any development in the planning area, must take the plan into account.

Effect of approval

13(2)       The approval of a management plan does not require that any type of development or other proposed activity contained in the plan be undertaken or approved. But any new development or other activity that takes place in the planning area must be generally consistent with the plan.

Regulations to implement plan

14(1)       The Lieutenant Governor in Council may make regulations to implement a management plan, including regulations respecting

(a) the allocation or disposition of Crown land and Crown resources in the planning area;

(b) prohibitions, restrictions or conditions on the use of Crown land and Crown resources in the planning area;

(c) prohibitions, restrictions or conditions on development, or specified types or classes of development, in the planning area;

(d) the process for making decisions involving the allocation, disposition or use of Crown land and Crown resources in the planning area and development in the planning area.

Decisions in accordance with regulation

14(2)       When a regulation has been made under subsection (1), any decision under another enactment respecting the allocation, disposition or use of Crown land and Crown resources in the planning area or respecting development in the planning area must be made in accordance with the regulation.

Public notice

14(3)       At least 90 days before a regulation is made under subsection (1), the minister must give public notice that a copy of the proposed regulation is available for review in the public registry.

Submissions

14(4)       Within 60 days after notice is given under subsection (3), any person may make a written submission to the minister respecting the proposed regulation.

Requirement to seek input

14(5)       Before a regulation is made under subsection (1), the minister must provide an opportunity for First Nations and aboriginal communities that have traditionally used land in the planning area to consider and comment on the proposed regulation.

AMENDING A MANAGEMENT PLAN

Who can propose amendments

15(1)       An amendment to a management plan may be proposed by

(a) the planning council;

(b) a First Nation or aboriginal community that requested the designation of the planning area; or

(c) the minister.

Requirement to seek input on amendments

15(2)       The minister may direct a planning council, First Nation or aboriginal community proposing an amendment to a management plan to hold public meetings or seek public input in another manner specified by the minister, in relation to the proposed amendment.

Public notice

15(3)       At least 90 days before an order is made under section 16 approving a proposed amendment to a management plan, the minister must give public notice that a copy of the proposed amendment is available for review in the public registry.

Submissions

15(4)       Within 60 days after notice is given under subsection (3), any person may make a written submission to the minister respecting the proposed amendment.

Approval requirements

16(1)       The Lieutenant Governor in Council may, by order, approve a proposed amendment to a management plan if

(a) every First Nation or aboriginal community that requested the designation of the planning area has provided the minister with written approval of the amendment; and

(b) the minister has provided an opportunity for First Nations and aboriginal communities that have traditionally used land in the planning area to consider and comment on the amendment.

When First Nation or aboriginal community approval not required

16(2)       Despite clause (1)(a), the Lieutenant Governor in Council may approve a proposed amendment to a management plan without obtaining the written approval of a First Nation or aboriginal community under that clause if

(a) a First Nation or aboriginal community that requested the designation of the planning area has either

(i) advised the minister in writing that it will not approve the proposed amendment, or

(ii) failed to give written approval of the amendment to the minister within 90 days after receiving a written notice from the minister seeking approval of the amendment; and

(b) the Lieutenant Governor in Council determines that the amendment is in the public interest.

Amendment to regulation

16(3)       The Lieutenant Governor in Council may amend a regulation made under subsection 14(1) to reflect an amendment to the management plan.

RESOURCE MANAGEMENT BOARDS

Agreements re resource management boards

17(1)       The minister, on behalf of the government, may enter into agreements with one or more First Nations or aboriginal communities to establish a resource management board for a specified resource management area.

Other parties to agreement

17(2)       Any other person or entity may be a party to an agreement under subsection (1).

Advice from resource management board

17(3)       The resource management board may provide advice and recommendations on land use and resource management issues in the resource management area, in accordance with the terms of an agreement under subsection (1).

Board may act as planning council

17(4)       If a planning area is located within a resource management area, an agreement under subsection (1) may provide that the resource management board will have some or all of the responsibilities of the planning council for that planning area. In that case, the board is deemed to be a planning council for the purpose of carrying out those responsibilities.

PART 3

SPECIAL PROTECTED AREAS

Designating special protected areas

18(1)       The Lieutenant Governor in Council may, by regulation, designate an area of Crown land in the east side management area as a special protected area in order to provide that land with special protection from development and other specified activities.

Regulations for special protected area

18(2)       The Lieutenant Governor in Council may make regulations

(a) respecting the preservation, protection, control and management of land and resources in the special protected area;

(b) authorizing, regulating or prohibiting any use, activity or thing in the special protected area;

(c) respecting prohibitions, restrictions or conditions on the use of Crown land or Crown resources in the special protected area;

(d) respecting prohibitions, restrictions or conditions on development, or specified types or classes of development, in the special protected area;

(e) respecting the protection of soil, water, plants, peat and peat moss, animals, minerals, natural features, air quality and cultural, historical and archaeological resources in the special protected area;

(f) respecting access to the special protected area and travel within the area.

Regulation consistent with management plan

18(3)       If a special protected area includes land in a planning area, any regulation made under subsection (2) that applies to land in the planning area must be consistent with

(a) the management plan for the planning area; and

(b) any applicable regulation made under subsection 7(1) or 14(1).

Term of designation

18(4)       A regulation designating land as a special protected area may provide that the designation is effective until a specific date or until a specified event occurs.

S.M. 2014, c. 27, s. 62.

Public notice

19(1)       At least 90 days before land is designated as a special protected area, the minister must give public notice

(a) of the boundaries of the proposed special protected area; and

(b) that a copy of a proposed regulation under subsection 18(2) respecting the proposed special protected area is available for review in the public registry.

Submissions

19(2)       Within 60 days after notice is given under subsection (1), any person may make a written submission to the minister respecting the proposed special protected area or the proposed regulation dealing with the area.

Requirement to seek input

19(3)       Before an area is designated as a special protected area, the minister must

(a) provide an opportunity for First Nations and aboriginal communities that have traditionally used land in the proposed special protected area to consider and comment on the proposed special protected area or the proposed regulation dealing with the area; and

(b) provide an opportunity for users of Crown land and Crown resources in the proposed special protected area to consider and comment on the proposed special protected area or the proposed regulation dealing with the area.

Notice and input requirements re amendments

19(4)       This section applies, with necessary changes, to an amendment to a regulation made under section 18.

PART 4

MISCELLANEOUS PROVISIONS

Public registry

20          The minister must maintain a public registry, which may be in electronic form, containing

(a) a copy of a proposed management plan or a proposed amendment to a management plan;

(b) a copy of a proposed regulation under subsection 7(1), 14(1) or 18(2); and

(c) such other information as the minister may from time to time direct.

Offences created by regulation

21(1)       A regulation made under subsection 7(1), 14(1) or 18(2) may specify that the contravention of specified provisions of that regulation constitutes an offence under this Act.

Penalties

21(2)       A person who contravenes a specified provision of a regulation is guilty of an offence and is liable, on summary conviction,

(a) in the case of an individual, to a fine of not more than $5,000 or imprisonment for a term of not more than two months, or both; and

(b) in the case of a corporation, to a fine of not more than $25,000.

Crown bound

22          This Act binds the Crown.

Application of regulations

23          When a regulation made under subsection 7(1), 14(1) or 18(2) deals with a matter or issue that is also dealt with by another enactment, the regulation made under this Act applies as if it were contained in that other enactment.

Existing rights not affected

24          A regulation made under subsection 7(1), 14(1) or 18(2) does not affect a right that a person obtained under an enactment before the coming into force of the regulation

(a) to acquire or use Crown land or Crown resources in a planning area or special protected area; or

(b) to conduct any development in a planning area or special protected area;

including any right of renewal as a matter of law, practice or policy.

Plan available to public

25(1)       The minister must

(a) make each management plan available to the public; and

(b) provide copies of a management plan or parts of the plan on request, for a reasonable fee.

Minister to amend plan

25(2)       The minister must incorporate an approved amendment to a management plan into the management plan.

Regulations

26           The Lieutenant Governor in Council may make regulations

(a) designating an area on the east side of Lake Winnipeg as the east side management area;

(b) respecting requests to designate planning areas, including regulations respecting information and documentation that must be submitted in a request;

(c) prescribing the manner in which public notice required under this Act is to be given;

(d) respecting the operation of planning councils;

(e) respecting the form of management plans;

(f) respecting the manner in which proposals to amend management plans are to be submitted;

(g) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Application of regulations

27(1)       A regulation under this Act may apply to all planning areas or special protected areas, or to specific ones, or just to specified portions of them.

Use of maps

27(2)       Land that is designated or categorized for any purpose by a regulation under this Act is sufficiently described if its boundaries are shown or its area is indicated on a map adopted or incorporated by reference in the regulation.

Reference includes peat

27(3)       A provision of a regulation made under this Act that refers to mines and minerals or mining is deemed to apply to peat or the commercial development of peat, as those terms are defined in The Peatlands Stewardship Act, unless the contrary is explicitly provided for in the regulation.

S.M. 2014, c. 27, s. 62.

C.C.S.M. reference

28          This Act may be referred to as chapter E3 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

29          This Act comes into force on the day it receives royal assent.