o'donnell point notification protocol datedtids … · o'donnell point notification...

TO:

FROM:

DATE:

SUBJECT:

REPORT NO:

THE DISTRIG MUNICIPALITY OF MUSKOKA PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) 645-2231 OR 1-800-461-4210 (705 area code) Fax (705) 646-2207

www.muskoka.on.ca

Chair and Members Planning and Economic Development Committee

Derrick A. Hammond Director of Planning Services

September 3, 2009

Renewal of the O'Donnell Point Notification Protocol

PED-13-2009-2

RECOMMENDATION

THAT The District Municipality of Muskoka be authorized to sign the O'Donnell Point Notification Protocol.

ORIGIN

Further to Report No. PED-10-2009-5 dated June 12, 2009, staff have received an updated draft for Muskoka's review and endorsement (attached as Appendix "I").

ANALYSIS

Background

The O'Donnell Point Notification Protocol documents a mutual understanding between Moose Deer Point First Nation, The District Municipality of Muskoka, The Township of Georgian Bay, The Township of the Archipelago and the Ministry of Natural Resources. The purpose of the protocol is to guide the sharing of information on planning, public works and emergency matters that may have an impact on the O'Donnell Point Area, which is identified on Schedule "A" to the protocol. Although it expired on August 31, 2009 the parties have agreed to respect the protocol until the revised document is executed by each of the parties.

Although the protocol remains largely unchanged from the original document of 2003, the proposed draft includes all of the suggested clarifications made by Muskoka staff.

Respectfully submitted,

~.&-J2 Derrick A. Hammond, MA, MCIP, RPP, CMMII Director of Planning Services

P:\MOOSEDEERPT\Moose Deer Point\PEDReport -Sept32009.doc

Managing Our Legac!j Together

Appendix "'"

O'DONNELL POINT NOTIFICATION PROTOCOL

* ® Ontario

O'Donnell Point Notification Protocol

O'DONNELL POINT NOTIFICATION PROTOCOL

DATEDTIDS

___DAY OF ,2009

BETWEEN:

THE DISTRICT MUNICIPALITY OF MUSKOKA

MOOSE DEER POINT FIRST NATION

ONTARIO MINISTRY OF NATURAL RESOURCES

TOWNSIDP OF THE ARCIDPELAGO

THE TOWNSHIP OF GEORGIAN BAY

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Recitals

Whereas The District Municipality of Muskoka, Moose Deer Point First Nation, the Ontario Ministry ofNatural Resources (OMNR), the Township ofThe Archipelago, and The Township of Georgian Bay, (hereinafter referred to as 'the Parties') share a concern for and interest in transactions that may have an impact on the environmental sustainability of the O'Donnell Point ecosystem, and wish to work together to share information about such transactions;

And Whereas the Parties are subject to different planning and environmental laws, which presents challenges in relation to information-sharing and mutual understanding about land use decisions and other transactions having an impact on the O'Donnell Point ecosystem;

And Whereas the Parties have agreed to establish a notification protocol to facilitate the sharing of information and mutual understanding among the Parties on land use decisions and other transactions that impact the area of notification;

And Whereas the notification protocol discussions arose from Addition to Reserve discussions between Moose Deer Point First Nation, the Department of Indian Affairs and Northern Development, and OMNR (Parry Sound District and Ontario Parks);

And Whereas this Protocol is intended to be without prejudice to any Party's legal rights or obligations;

Now therefore, the Parties agree as follows:

1. Definitions

For the purposes of this Protocol only:

1.1 "area ofnotification" means the geographic area identified as the O'Donnell Point Notification area on the map attached as Schedule A ofthis Protocol;

1.2 "consent application" means an application made under Section 53 of the Planning Act, R.S. 0. 1990, c. P.13 or any successor or subsequent provision, to request the subdivision of land;

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1.3 "emergency" means a situation caused by the forces ofnature, an accident, an intentional act or otherwise that constitutes a danger ofmajor proportion to life or property;

1.4 "land use designation" means Provincial Park, Conservation Reserve, Forest Reserve, General Use Area, Enhanced Management Area or any other designation with associated land use policies that may be given to a parcel of land owned or managed by the Ontario Ministry ofNatural Resources;

1.5 "lands held in trust" includes lands that are set aside for the use and benefit ofMoose Deer Point First Nation, but are not currently designated as reserve;

1.6 "major commercial" means the use of land, building or structure for the purpose of buying or selling commodities or supplying services as distinguished from such uses as manufacturing or assembling ofgoods, warehousing and construction;

1.7 "major industrial" means the use of land, building or structure for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing or storing or adapting for the sale of any goods, substance, article or thing or part thereof;

1.8 "major institutional" means the use ofland, buildings or structures for the purpose of emergency services, government offices, sacred places, health facilities, education institutions, civic amenities, public recreation or community use;

1.9 "major residential" means the use ofland, building or structure in one area for the purpose ofmore than three housing units ofhuman habitation;

1.10 "minor variance application" means an application made under Section 45 of the Planning Act, R.S.o. 1990, c. P.13 or any successor or subsequent provision - to make a request for a variance from a municipal zoning by-law;

1.11 "municipality" means a local municipality, a county and a regional, metropolitan or district municipality;

1.12 "Park" means a Provincial Park regulated or proposed for regulation under the Provincial Parks and Conservation Reserves Act, S. 0. 2006, c. P.12 or any successor or subsequent provision;

1.13 "plan" means an official land use plan or any planning or policy document that aims to manage and direct physical change and the effects on the social, economic and natural environment to a defined area;

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1.14 "plan of condominimn" means an application made under Section 51 of the provincial Planning Act, R.So. 1990, c. P. 13 or any successor or subsequent provision;

1.15 "plan of subdivision" means application made under Section 51 of the Planning Act, R.S 0. 1990, c. P. 13 or any successor or subsequent provision to request the subdivision ofland; and

1.16 "road" means a way constructed for vehicle access to three or more uses and!or, that services more than one property.

1.17 "Zoning Amendment Application" means a request for amendment made under section 34 of the Planning Act R.So. 1990, c. P.13 or any successor or subsequent provision.

2. Area of Notification

2.1 Unless otherwise noted, all notification applies to actions or impacts arising from transactions within the area of notification identified on the map attached as Schedule A of this Protocol.

2.2 Any transaction occurring outside and adjacent to the boundary of the O'Donnell Point Notification area identified on Schedule 'A' of this Protocol shall be circulated in accordance with applicable legislation and regulations.

3. Notification to Moose Deer Point First Nation

3.1 The Township of Georgian Bay will provide notification to Moose Deer Point First Nation on the following transactions undertaken or processed by The Township of Georgian Bay:

a) proposed zoning amendments; b) proposed adoption of new, or amendments to, official plans; c) proposed major residential, commercial, industrial or institutional development; d) proposed consent applications; e) proposed new marina or major expansion to an existing marina; f) expropriations; g) proposed transaction that would have an impact on navigation; h) proposed dredging or filling application; i) proposed transaction or development which may have an impact on the water

quality; j) proposed transaction which may significantly increase the volmne, load or type of

traffic on municipal roads; k) proposed development of a new road or other access;

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1) proposed changes to the internal township road network; m) proposed changes to watercourses or water drainage excluding maintenance

ditching; and n) an emergency.

3.2 The District Municipality of Muskoka will provide notification to Moose Deer Point First Nation on the following transactions undertaken or processed by The District Municipality of Muskoka:

a) proposed alternations to Muskoka Road 12; b) proposed adoption of new, or amendments to, The District Municipality of

Muskoka official plan; c) proposed plans of subdivision, plans of condominium; d) proposed new marina or major expansion to an existing marina; e) proposed transaction or development that would have an impact on navigation; f) proposed dredging or filling; g) proposed transaction or development which may have an impact on the water

quality; h) proposed transaction which may significantly increase the volume, load or type of

traffic on municipal roads; i) proposed development of a new District road or other access; j) proposed changes to watercourses or water drainage excluding maintenance

ditching; and k) an emergency.

3.2.1 Notwithstanding section 2 of this Protocol and with respect to those facilities noted below which serve the O'Donnell Point Notification Area identified on Schedule "A" of this Protocol, The District Municipality ofMuskoka will provide notification in accordance with applicable legislation as it relates to new construction, expansion or decommissioning of lagoons, landfill sites, sewage treatment plants, water treatment plants or waste disposal facilities. Notification respecting changes in service levels for any of the foregoing shall be given in accordance with section 5.1 a).

3.3 The Township ofThe Archipelago will provide notification to Moose Deer Point First Nation on the following transactions undertaken or processed by the Township of The Archipelago:

a) proposed zoning amendments; b) proposed adoption of new, or amendments to, official plans; c) proposed consents applications, plans of subdivision, plans of condominium; d) proposed major residential, commercial, industrial or institutional development; e) proposed new marina or major expansion to an existing marina;

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f) expropriations; g) proposed transaction that would have an impact on navigation; h) proposed dredging or filling; i) proposed transaction or development which may have an impact on the water

quality; j) proposed development of a new road or other access; k) proposed changes to watercourses or water drainage; and 1) an emergency.

3.4 The Ontario Ministry ofNatural Resources (OMNR) will provide notification to Moose Deer Point First Nation on the following transactions undertaken or processed by OMNR:

a) proposed changes to trapping, hunting or fishing regulations; b) proposed resource extraction over which OMNR has regulatory control; c) proposed disposition of Crown Land; d) proposed creation, amendment or regulation of any land use designation; e) any other ofOMNR regulatory transactions that affect the area ofnotification; f) proposed new Parks; g) proposed ~hanges to Park boundaries; h) proposed amendments to Park Management Plans including:

i) proposed disposition of Park land; ii) proposed Park additions and/or Park deletions; iii) proposed transactions which might impact the wetland ecosystem; iv) proposed transactions which may affect access to O'Donnell Point

Provincial Nature Reserve; i) proposed development of a new road or other access; and j) an emergency

4. Notification With Respect to Moose Deer Point First Nation's Reserve Lands and Lands Held in Trust

4.1 Moose Deer Point First Nation will provide notification to each of The District Municipality of Muskoka, The Township of Georgian Bay, the Township of The Archipelago and the Ontario Ministry ofNatural Resources on the following transactions undertaken or processed by Moose Deer Point First Nation:

a) proposed adoption of a new or amended land use plan; b) proposed major residential, commercial, industrial or institutional development; c) proposed new marina or major expansion to an existing marina; d) proposed transaction that would have an impact on navigation; e) proposed dredging or filling undertaken by Moose Deer Point First Nation;

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f) proposed transaction or development which may have an impact on the water quality;

g) any proposed transaction which may significantly increase the volume, load or type of traffic on municipal roads;

h) proposed development of a new road or other access; i) proposed changes to watercourses or water drainage; j) an emergency; k) proposed new construction, alteration or closing of the following: lagoons, landfill

sites, sewage treatment, water treatment, recycling or waste disposal facilities; 1) any proposed transaction that would significantly increase the volume or type of

waste being taken to District Municipality of Muskoka landfill sites or sewage lagoons;

m) proposed addition to Moose Deer Point First Nation reserve; n) proposed transaction or development which may have an impact on the water

table; 0) proposed transactions which might impact the water quantity and quality of the

O'Donnell Point wetland ecosystem (such as those related to storm water management, water system update/effluent); and

p) proposed transactions which may affect access to O'Donnell Point Provincial Nature Reserve.

s. Timing of Notification

5.1 Notification under this Protocol will be given in the following manner:

a) Except in cases of emergency, notification will be given as soon as reasonably possible, on a case-by-case basis.

b) Where applicable, the notice will indicate the time limit for which any response ~hould be provided. The minimum time limit in which to respond will not be less than 20 days. Notifications should indicate the name and address of a contact person to whom inquiries or responses should be directed.

6. Method of Notification

6.1 Notification will include sufficient information on location, purpose and effect.

6.2 All notifications required under this Protocol will be provided in writing by personal service or prepaid first class mail or fax or courier or email- where appropriate - to:

The District Municipality ofMuskoka 70 Pine Street

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Bracebridge, Ontario, PI L 1N3 Attn: The Clerk Fax: (705) 645-5319 - Telephone: (705) 645-2231

Moose Deer Point First Nation 3720 Twelve Mile Bay Road P.O. Box 119 MacTier, Ontario, POC 1HO Attn: The Chief c.c.: Administrator Fax: (705) 375-0532 - Telephone: (705) 375-5209

O'Donnell Point Provincial Nature Reserve c/o Oastler Lake Provincial Park 380 Oastler Park Drive Parry Sound, Ontario, P2A 2W8 Attn: Mike Foley Fax: (705) 378-0341 - Telephone: (705) 378-2401 Email: [email protected]

Ontario Ministry ofNatural Resources Parry Sound District Attn: District Manager 7 Bay Street Parry Sound, Ontario, P2A 1S4 Fax: (705) 746-8828 - Telephone: (705) 746-4201

Ontario Parks Central Zone Office 451 Arrowhead Park Road RR#3 Huntsville, Ontario, P1H 2J4 Attn: Jay Nichols, Central Zone Manager Fax: (705) 789-5948 - Telephone (705) 789-0368 Email: [email protected]

Township of The Archipelago 9 James Street Parry Sound, Ontario, P2A 1T4 Attn: Clerk/Chief Administrative Officer Fax: (705) 746-7301 - Telephone: (705) 746-4243

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The Township of Georgian Bay 99 Lone Pine Road Port Severn, Ontario, LOK 1SO Attn: Director of Administration Fax: (705) 538-1850 - Telephone: (705) 538-2337 Email: [email protected]

6.3 Each Party will provide immediate written notice to the other Parties of any change of address and/or contact infonnation.

7. Consultation or other protocols

7.1 Consultation or other protocols may be set out in separate agreements between any or all of the Parties.

8. Term, Amendment and Review of this Protocol:

8.1 This Protocol takes effect on the date that it is signed by the last of the Parties and shall remain in effect for five years.

8.2 This Protocol may be renewed or extended on tenns and conditions agreed to by the Parties prior to the expiry of the five year tenn.

8.3 This Protocol may be amended at any time with the written consent of all the Parties.

8.4 Any Party may tenninate its participation in this Protocol at any time after giving 120 days notice by registered mail to the other Parties of its intention to do so. This Protocol shall remain in effect between the remaining Parties.

8.5 Notwithstanding 7.4 of this Protocol, if Moose Deer Point First Nation withdraws its participation, the remaining Parties will consider this Protocol to be tenninated.

8.6 The Parties will meet annually the last Wednesday ofevery April, or as required, to review the implementation and effectiveness of this Protocol.

9. No Legal Effect:

9.1 This Protocol is not legally binding on any of the Parties nor will it affect the legal rights or obligations of the Parties or any other persons, nor will it affect the validity of any act ofany of the Parties, nor will it affect the legal position ofany of the Parties or be admissible in evidence at any current or future legal proceedings.

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mailto:[email protected]


9.2 Nothing in this Protocol shall be construed as a requirement of any Party to make available any information that is privileged in law or otherwise exempt from disclosure under applicable Freedom of Information and Protection ofPrivacy legislation.

10. Dispute Resolution:

10.1 Disagreements regarding the interpretation or implementation of this Protocol shall be referred back to the Parties. Every reasonable effort shall be made by the Parties to resolve the matter informally and expeditiously. In the event of a failure of the Parties to reach an agreement, the Parties may appoint an independent agent mutually agreed upon by the Parties, to secure an expeditious resolution to the dispute.

11. Admission of New Parties:

11.1 Other municipal governments, federal departments or provincial ministries may become a Party to this Protocol by giving notice by registered mail to all Parties of their desire to do so. Admission will be upon the unanimous consent of the Parties. Participation in this Protocol by other municipalities, federal departments or provincial ministries shall be limited to the area of notification as shown in Schedule A of this Protocol.

12. Facilitation

12.1 Unless the Parties agree otherwise, the meetings referred to in Section 7.6 of this Protocol will be convened and facilitated by a staff member provided by the Department of Indian and Northern Affairs Canada, under the terms and conditions set out in Schedule B of this Protocol.

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In witness whereof this Agreement has been signed by:

On behalf of the Moose Deer Point First Nation

ChiefBarron King

On behalf of The District Municipality of Muskoka

Gord Adams, District Chair Christine Lees, District Clerk

On behalf of the Township of The Archipelago

Reeve Peter Ketchum Stephen Kaegi, CAO

On behalf ofthe Township of Georgian Bay

Mayor Jim Walden Susan Boonstra, Clerk

On behalf of Her Majesty the Queen in Right of Ontario

Andy Heerschap, District Manager Jay Nichols, Central Zone Manager MNR Parry Sound District Ontario Parks

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55

50

45

40

30

35

50

45

40

35

30

25

20

30

Tate Lake

Park Lake

Gover Lake

Galla Lake

Eagle Lake

Pigeau Lake

MacRae Lake

Loudon Lake

Kenney Lake

Irvine Lake

Davies Lake

Contin Lake Vaughan Lake

Tadenac Lake

Surerus Lake

McAvany Lake

Go Home Lake

Foreman Lake

Douglas Lake

Burwash Lake

Nadjiwan Lake

Leclairc Lake

Durocher Lake

Donnelly Lake

Buckhorn Lake

Woodroffe Lake

Gilchrist Lake

Galbraith Lake

Lower Galla Lake

F r e e m a nF r e e m a n

G e o r g i a n B a yG e o r g i a n B a y

G i b s o nG i b s o n

C o n g e rC o n g e r

12 MILE BAY ROAD

H ARRISON TRAIL

ARNOLD BAY ROAD

OGEM

AWHJ ROAD

W EBSTER LANE GA LLA LAKE ROAD

TWELVE MILE BAY ROAD

Parry Sound

Barrie

North Bay LegendLands Held in TrustODonnell Point Notification AreaTownshipsCrown LandFirst NationsFederal LandPrivate LandPark or Nature ReserveWater Area, PermanentWetland Area, PermanentStreamIntermittent StreamUtility LineRAILWAY

RoadsPrimarySecondaryTertiary

D:\NRVIS_Lite2\ArcMap_projects\First_Nations\O_Donnel_Pnt_11x17.mxd

Moon BayWoods Bay

Moon RiverTwelve Mile Bay

Miners Creek

Tadenac Bay

Galla Lake

Loon Island

Schedule 'A' to the O'Donnell Point Notification Protocol

1 0 1 2 3 40.5

Kilometers

Moose Deer Point

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