Mississaugas of Scugog…

Mississaugas of Scugog Island First Nation (MSIFN) Consultation

Comments on ERO Postings 026-0229 and 026-0230
Proposal to Revoke the Parkway Belt West Plan (1978) and Associated MZOs

1. Introduction

The Mississaugas of Scugog Island First Nation (“MSIFN”) appreciates the opportunity to comment on the Province’s proposal to revoke the Parkway Belt West Plan (PBWP) and its associated Minister’s Zoning Orders (MZOs).

MSIFN has a well-established interest in Crown land use planning decisions across its traditional territory, particularly where those decisions relate to linear infrastructure corridors, including major transportation routes and electricity transmission systems. These corridor lands have historically intersected with areas of cultural, environmental, and economic importance to MSIFN.

The PBWP has functioned for decades as a regional planning framework governing lands reserved for these purposes. Its proposed revocation raises significant concerns regarding planning certainty, cumulative effects, and the protection of MSIFN’s Aboriginal and Treaty rights.

2. Duty to Consult, UNDRIP, and Free, Prior and Informed Consent

MSIFN emphasizes that the Province’s decision to revoke the PBWP and associated MZOs engages the Crown’s duty to consult and, where appropriate, accommodate.

This obligation is further informed by the principles set out in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), including the standard of Free, Prior and Informed Consent (FPIC).

Consistent with positions advanced by MSIFN in prior submissions on Minister’s Zoning Orders and major infrastructure projects (including transmission corridor planning and Hydro One initiatives), MSIFN expects:

- Early, direct, and ongoing consultation, separate from and in addition to the Environmental Registry (ERO) process
- Meaningful engagement prior to any final decision, not after key policy directions have been determined
- Provision of complete and accessible information, including mapping, technical analysis, and policy transition details
- Resourcing and capacity support to enable full review and participation

The current ERO posting does not, in and of itself, satisfy the Crown’s duty to consult or the FPIC standard.

3. Importance of Linear Corridor Planning

MSIFN has consistently raised concerns in previous MZO and infrastructure-related submissions regarding the need for coordinated, regional-scale planning of linear corridors.

The PBWP has historically served to:
- Protect lands for electricity transmission and utility infrastructure
- Maintain long-term transportation and corridor planning options
- Prevent incompatible or piecemeal development within strategically important lands

While the Province has indicated that the PBWP is now outdated or duplicated by other planning instruments, there is no clearly articulated successor framework that ensures these functions will continue.

MSIFN is concerned that revocation without a replacement framework may:

- Fragment planning authority across municipalities
- Increase pressure for ad hoc or accelerated development of corridor lands
- Reduce long-term planning certainty for infrastructure of provincial and regional significance

These concerns align with issues previously raised by MSIFN in relation to:

- The expanded use of MZOs
- Accelerated approval pathways for infrastructure and development
- The erosion of coordinated, transparent planning processes

4. Cumulative Effects and Land Use Change

MSIFN has repeatedly emphasized the need for cumulative effects assessment in provincial decision-making, particularly in regions experiencing significant infrastructure expansion and land use change.

The proposed revocation of the PBWP:

- May enable new or intensified land uses within formerly protected corridors
- May alter long-term infrastructure siting and routing decisions
- May contribute to incremental impacts on MSIFN rights, lands, and resources

At present, it is unclear:
- How cumulative effects will be assessed or tracked following revocation
- What provincial mechanisms will replace the PBWP’s integrative function
- How future decisions affecting these lands will be coordinated

MSIFN recommends that any decision to revoke the PBWP be accompanied by:

- A clearly defined cumulative effects framework
- Regional-scale planning tools that maintain a coordinated approach to corridor lands
- Explicit consideration of impacts to Aboriginal and Treaty rights

5. Transition, MZOs, and Planning Certainty

The proposed revocation of the five associated MZOs further raises concerns regarding planning consistency and transparency.

MSIFN has previously expressed concern with the use of MZOs as tools that may:

- Circumvent standard planning processes
- Limit opportunities for meaningful consultation
- Accelerate development without adequate assessment of impacts
In this context, MSIFN seeks clarity on:
- What zoning and policy frameworks will replace the existing MZOs
- How consistency will be maintained across multiple municipalities
- Whether future development on these lands will rely on new or expanded use of MZOs

MSIFN emphasizes that any transition away from the PBWP must not result in:

- Reduced oversight or planning rigor
- Increased reliance on expedited decision-making tools
- Diminished consultation opportunities with Indigenous communities
A clear and transparent transition strategy is required to mitigate these risks.

6. Indigenous Land Interests and Stewardship

Corridor lands governed by the PBWP include areas that may hold cultural, archaeological, and environmental significance to MSIFN.

In line with UNDRIP principles and MSIFN’s established positions on land stewardship, MSIFN expects:

- Protection of lands with Indigenous cultural and environmental value
- Integration of Indigenous knowledge in future planning frameworks
- Early engagement in any decisions that may affect land use designations or infrastructure development

The Province must ensure that changes to land use planning in these areas do not result in the incremental erosion of MSIFN’s rights and interests.

7. Recommendations

MSIFN recommends that the Province:

1. Undertake targeted, Nation-to-Nation consultation with MSIFN prior to finalizing any decision on PBWP revocation

2. Align its approach with UNDRIP, including working toward achieving Free, Prior and Informed Consent

3. Develop and disclose a successor framework that maintains coordinated protection and planning of linear corridors

4. Establish a cumulative effects assessment approach for corridor and infrastructure-related land use change

5. Provide detailed transition materials, including mapping and policy guidance for affected lands

6. Clarify the future role of MZOs, ensuring that planning decisions are not increasingly reliant on expedited tools without consultation

7. Ensure ongoing Indigenous engagement mechanisms in relation to corridor planning and infrastructure development

8. Conclusion

MSIFN recognizes the Province’s stated intent to modernize planning frameworks and reduce duplication. However, the proposed revocation of the PBWP and associated MZOs introduces significant uncertainty regarding the future management of strategically important corridor lands.

Without a clear replacement framework, robust consultation process, and alignment with UNDRIP principles, this proposal risks undermining coordinated planning, increasing cumulative impacts, and adversely affecting MSIFN’s rights and interests.

MSIFN looks forward to continued engagement with the Province on this matter.