Terms of Reference

“Impact Analysis for Consultation and Relationship building between Grand Council Treaty #3 (GCT3) and the Ministries of Northern Development, Mines and Forestry (MNDMF) and Natural Resources (MNR).”

There is an existing Memorandum of Agreement (MOU) between the GCT3 and MNR and MNDMF regarding a “consultation protocol” which may include the development of a protocol document, but also provide for a framework for policies related to communications, relationships and harmonized processes aimed at the sustainability of Treaty #3 territory in Ontario.

Grand Council Treaty #3 is the traditional government of the Anishinaabe communities in Treaty #3 territory, 55,000 square miles that includes 26 communities in Ontario and 2 communities in Manitoba. Approximately 20,000 square miles of the territory is now found within the provincial boundaries of Manitoba. The administrative offices are found in Kenora, Ontario and the GCT3 Representative Services has a board of directors and the corporate office is overseen by an Executive Director, executive.director@treaty3.ca. Within the administrative offices are two staff positions related to the work under the MOU, a Mining Impact/Benefit Coordinator and a Forestry Impact/Benefit Coordinator.

GCT3 contracts a senior advisor, Sara Mainville who does work with the MOU staff and is a participant at the MOU table discussions, she works closely with Ogichidaakwe Diane M. Kelly on several other policy and legal matters. She will be the key contact for the substantive work within this proposed services: smainville@indigeouswarrior.com.

The Office of the Ogichidaakwe, Diane M. Kelly is staffed by her Executive Assistant, Vanessa Henry: political.office@treaty3.ca.

The underlying purpose of the MOU is to recognize “the need and desire of the Grand Council to develop capacity and business relationships, enabling greater participation in economic opportunities.”

To that end there are several mutually defined principles for this MOU including the process itself, which is “conducted in the spirit of mutual respect, trust, cooperation and openness, with recognition for each other’s roles and responsibilities.” Other principles include: to focus on common interests, share access to resources; information, technology and techniques; focus on common interests; participate fully and strive for consensus.

GCT3, MNR and MNDMF commit to “be open and transparent in sharing information to understand each party’s needs and limitations”…and to create processes which “are flexible, adaptive and comprehensive; are practical, workable, realist and efficient; and measure success using objective criteria and evaluative tools.”

All three parties to this MOU are interested in scoping out the work of a consultation framework and agreed that the matter of “impacts” and the understanding of what is an “impact” is an important matter wherein there is a need to facilitate a mutual agreement on this term.

The deliverable of the “Impacts Analysis” project is to identify what is understood by the term “impacts” from the perspectives of each of the three parties in relation to “consultation” requirements of the provincial crown authorities.

Components that are expected:
1. Workplan for the Impacts Analysis Project;

2. Review of documentation provided by the parties on consultation policy and guidelines,
Manito Aki Inakonigaawin, and “best practices”;

3. Meetings scheduled with GCT3, MNR and MNDMF representatives to review Impact
Perspectives of the individual parties;

4. Draft Impact Analysis findings by the Contractor

5. Agenda and location for MOU meeting to build consensus on shared “Impacts” framework
or guidelines for the Consultation Framework

6. Final Impact Analysis Report and Findings.

Requirements of the Contractor:

1. Knowledge and background working with Ontario government to understand the
policy orientation and limitations of the two Ministries related to this project;

2. Knowledge and background working with a Grand Council and/or provincial territorial
organization within the Province of Ontario to understand the policy orientation and limitation
of the GCT3 related to this project;

3. Understanding of the duty to consult as it related to policy and legal considerations of
the Crown representatives of the Province of Ontario;

4. Understanding of the Great Earth Law, Manito Aki Inakonigaawin and the Grand Council
Treaty #3’s political and legal policies related to the sustainability of Treaty #3 territory;

5. Facilitation and dialogue with disparate interests and the ability to reach consensus and
build relations within an MOU-like agreement.

Resources and Time-lines:

a. The proposal is to be received by the Vanessa Henry, Executive Assistant to the Office of
the Ogichidaakwe by February 10, 2010. It will be reviewed by Sara Mainville and the
Executive Director, GCT3 for recommendation to the Ogichidaakwe, Diane M. Kelly and the
MOU partners at MNR and MNDMF for final approval.

b. There is a budget of a maximum of $50,000 for this Impact Analysis which includes travel
and disbursements of the Contractor.

c. MNR and MNDMF representatives are found in Toronto, Peterborough Kenora, Fort Frances
and Thunder Bay, Ontario.

d. GCT3 representatives will be in Kenora, Ontario.

e. The final MOU meeting to review the Draft Impact Analysis report and to facilitate a
consensus shall be before March 31, 2010.

Reviewing the Proposal, helpful additional documents:

1. A Current CV or Resume of the Contractor’s team shall be in the proposal;

2. Similar projects and reports completed by the Contractor shall be highlighted in the proposal;

3. The Budget shall be as final as possible, any known contingencies shall be highlighted;

4. A final workplan for February and March 2010 shall be provided for the Impacts Analysis project.

5. The Contractor’s Proposed approach and principles will be helpful.

6. References from within the Government of Ontario and the Grand Council Treaty #3
communities or associates would assist in determining the successful proposal.

Make covering letters addressed to:

Ogichidaakwe Diane M. Kelly
Grand Council Treaty #3
Box 1720
Kenora, ON P9N 3X7

Email: political.office@treaty3.ca

The Grand Council Treaty #3 will contact only those potential Contractor(s) being recommended to the MOU parties. Thank you for your interest.

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Posted on Tuesday, January 26th, 2010 at 10:35 am under News.