Momentum gathers on revenue sharing

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Public hearings on Bill 97, the First Nations Revenue Sharing Act, 2004 concluded this fall, but the bill was still being discussed at the Nishnawbe Aski Nation's Special Chiefs' Assembly in early November.

If Bill 97 is passed into law, it will establish a procedure "by which resource companies that intend to extract natural resources from First Nations traditional lands in Northern Ontario, negotiate a comprehensive revenue-sharing agreement with the First Nations and the government of Ontario."

Some at NAN's Special Chiefs' Assembly were critical, suggesting the legislation should contain provisions to compensate First Nations for resources taken from the land since exploration first began in their territories.

MPP Gilles Bisson, NDP (Timmins-James Bay), who initiated the bill, spoke with the chiefs in assembly. He said he would not be able to get the support to pass it in the Legislature if he leaned on the government about paying for resources taken decades ago.

There were other complaints heard that Bisson had only consulted directly with First Nations north of the 50th parallel. Bisson reminded them Bill 97 is a private member's bill, and that he doesn't get financed to visit every First Nation in Ontario, but that he had provided information about it to all of them over a six-month period, along with contact information so they could reach him.

On June 17 the bill passed second reading in the Legislature and was referred to a Cabinet committee with the task of conducting hearings and reporting opinions and recommendations of interested parties back to the House.

The Standing Committee on Finance and Economic Affairs then visited Sioux Lookout on Sept. 20, Mishkeegogamang Sept. 21, Attawapiskat Sept. 22 and Moose Factory Sept. 23, where First Nations had their say about how the province and industry should share revenue from forestry, mining and other resource-based industries with them.

In Sioux Lookout, Nishnawbe-Aski Nation Grand Chief Stan Beardy spoke in favour of resource revenue-sharing.

"Resource revenue sharing is the first step in our journey to reconcile the injustices and build hope for the futures of our communities.

"While people in Ontario and the markets of the world benefit from the lands and resources of Nishnawbe-Aski Nation (NAN), our communities continue to languish in poverty. Our goal is a fair and equitable Ontario where First Nation peoples and our culture are respected and valued and where our communities share in the province's wealth," the grand chief said. "Today's submission is intended to send a clear message to the provincial government that First Nations need revenue sharing now. The future of our youth is at stake."

NAN's written submission to the committee set out a plan for compulsory impact and benefit agreements with resource industries, land use planning, "meaningful" consultation and capacity building for NAN communities.

Bisson told Birchbark Oct. 28, "We are now at the process of returning the bill to committee. I am requesting that the government allow the bill to have further public hearings in Toronto for at least a day-some of the organizations in Southern Ontario want an opportunity to come and present. I'll find out in the next week or two if that's going to happen, and from there what will then happen is that the bill will have to return to committee so that we can propose amendments in what we call the 'clause-by-clause' stage, and I expect that to happen this fall sometime, hopefully, and if not, sometime after Christmas. What would then happen is that the bill would then be referred back to the House, and it would be referred to third reading if it's voted on at committee in a positive manner. And I would expect if all that happens it'll happen by the spring, and then the House would vote on it by probably sometime late spring and it would be the legislation in place.

"I've been lobbying various government ministers in regrds to the bill; there is some sympathy from the government toward such a thing, but they seem to be lobbied by others who are opposed, such as some of the private interests that see this as, you know, the possibility of them having to pay more taxes."

Bisson said while at the NAN chiefs' assembly he would be asking them to "come to Queen's Park in November for an intensive day of lobbying where chiefs and their appointees will basically lobby various members of the government and the opposition to make sure they understand the absolute need for this and the importance of having it passed, and then holding a reception afterwards so that the grand chief and whoever else can have an opportunity to say a few words to all those assembled and to try to lobby in a little bit more relaxed atmosphere."