Policies
Ministry of Forests and Range's Aboriginal Rights and Title
Policy and Consultation Guidelines
Aboriginal rights, including aboriginal title, are recognized
and affirmed in Section 35 of the Constitution Act, 1982. The
effect of this recognition is that existing aboriginal rights
must not be unjustufuably infringed by the resource development
activities of the Crown or its licensees.
- To view the Aboriginal Rights and Title Policy (15.1) click here
- To view the MoFR Consultation Guidelines click here
Strategic Policy Approaches to Accommodation
The Strategic Approaches to Accommodation Policy outlines the
Ministry's approach to providing revenue sharing and access to
timber for First Nations. In doing so, the Ministry is responding
to legal decisions that create an obligation of the Crown to
seek to accommodate potential First Nation rights and title interests
when making forest management decisions.
By encouraging First Nations' participation in forest resource
development, the government will attempt to address aboriginal
economic interests while providing greater stability for forest
and range resource development and operations on Crown lands.
- To view the Accommodation Policy click here
Direct Award Legislation
The Forest (First Nations Development) Amendment Act, 2002 (Bill
41) was introduced to provide greater opportunities for
First Nation to access forest tenures and to provide transparency
in providing those opportunities.
Sections 43.5 and 47.3 of
the Forest Act enable the Minister of Forests to invite, without
competition, an application from a First Nation or its representative
for a Community Forest Pilot Agreements (CFPA), Forest Licence
(FL), Woodlot License (WL) or TImber Sales Licence (TSL) in order
to implement or further an agreement between the First Nation
and the province.
Section 47.3 further
enables the Minister of Forests to invite applications, without
competition, for a FL, WL or TSL from a person to mitigate the
effects of:
- A treaty;
- A specification of a designated area under Part
13*or
- An agreement with a First Nation and the government respecting
treaty-related measures, interim measures or economic measures.
*Under Part 13 of the Forest Act, an area
of Crown land can be specified as a designated area, temporarily
removing the area from the timber supply base, pending resolution
of land use issues for the area.
To view the Direct Award Policy click here
Reports
