Job Specification

Purpose of Position :

This position provides direct program advice and support to staff to enable effective decision making on mineral exploration permits (approximately 550-600 permits annually) and has a direct impact on the Ministry's ability to authorize permits under the revised Mining Act, 2009. This position supports the ministry (both mineral and non-mineral divisions and branches) in meeting all aspects of its Duty To Consult with Aboriginal peoples and organizations (First Nations and Métis) in Ontario.

Duties / Responsibilities :

This position will achieve its purpose by carrying out the following responsibilities:

1. Develops, conducts and maintains a ministry-wide research plan focused on ministry needs on the following subject matters, including but not limited to: consultation practices within Ontario ministries and consultation practices in other Canadian jurisdictions and the applicability of those practices to the ministry; the history, application and practice of Aboriginal and treaty rights in Canada generally and Ontario specifically; treaties of Ontario and their relevance to ministry consultation obligations under the Mining Act; Canadian jurisprudence as it relates to the practice of consultation and its applicability to ministry consultation requirements; history and culture of Aboriginal peoples in Ontario; traditional knowledge and cultural values of Ontario Aboriginal peoples, particularly as it relates to mineral development in Ontario and the withdrawal of cultural sites under section 35 of the Mining Act; the operational requirements and matters of the ministry especially as it relates to meeting consultation obligations under the Mining Act; and other subject matters such as northern economic development policy and/or programming that may require or compel the ministry to consider impacts on Aboriginal and/or treaty rights. The position also liaises with staff within the ministry, within the OPS and external to government (such as the federal government) on research matters related to rights and consultation, other provincial and federal legislation, programs, practices and policies such as the Places To Grow Act, Far North Act, Public Lands Act, related jurisprudence, environmental assessment practices, relevant First Nation and Métis practices as well as industry guidelines and practices.

2. Manages all aspects of First Nations Location and Notification Tool (FNLNT) including researching data and issues on treaties, rights, cultural values, and information on Aboriginal peoples and communities for use in the tool. Collaborates with relevant staff in the ministry's Aboriginal Relations Unit and Legal Services Branch to review and verify information. Provides Mining Lands staff with relevant documents to input updated data into the tool by managing all processes necessary to maintain the tool including data and information management to tool organization and structure. Conducts regular reviews with staff of the efficacy of the tool and liaises with staff in the day-to-day operation and use of the tool.

3. Provides advice, information and operational support, based on research described above, to ministry senior management and staff on the policies and practice of consultation as it relates to mineral development and the regulatory framework embodied within the Mining Act, in particular advises on the consultation practices and policies that may be required to ensure the ministry meets its Duty To Consult obligations with respect to exploration plans, exploration permits, and closure plans for advanced exploration and mine production and rehabilitation. Provide advice, information and operational support to other ministry staff where their actions on behalf of the ministry, including economic development activities, may trigger the Duty to Consult. Makes information and advice available to all ministry staff on a variety of Aboriginal related subject matters including but not limited to Aboriginal and treaty rights in Ontario; the history of treaties and Aboriginal peoples in Ontario; consultation practices and the jurisprudence related to consultation; Aboriginal communities and governance structures in Ontario; Aboriginal traditional values as they may relate to resource development; and industry (mineral) practices as they relate to consuitlation and engagement. Analyzes and evaluates outcomes of research and formulates policies, strategies and/or responses to address and resolve consultation issues and problems that arise within the ministry including consultation strategies that focus on the ministry's Duty To Consult obligations with the Mining Act.

4. Provides advice, information and operational support to support the ministry in issues and risk management files and situations where regulatory approvals or other ministry programs are challenged through dispute resolution. In particular, the position provides support to staff in the Mineral Development and Lands Branch of the ministry who have specific responsibilities to resolve issues arising from disputes regarding consultation pursuant to the Mining Act. The position provides advice to and/or supports ministry officials on consultation and Aboriginal related issues that involve and/or require negotiation, mediation, or facilitation to resolve problems involving consultation and interpretation of Aboriginal and/or treaty rights.

5. Develops and maintains the content of ministry's aboriginal awareness and education intranet portal. Works with other members of the Aboriginal Relations Branch and other ministry staff to identify appropriate content to be included in the ministry's aboriginal awareness training and education programming. Position also works with other members of the Aboriginal Relations Branch and other ministry staff in delivering and providing Aboriginal Awareness education, training and information to staff in a variety of formats including workshops, newsletters, electronic media, and face-to-face meetings.

6. Maintains a network of staff relationships and contacts in conjunction with staff and ministry research and advisory needs. Takes advice and requests for research from across the ministry and works independently in a timely manner for completing research requests. Communicates with staff at all levels of the ministry and employs a variety of written and audio-visual skills to review, write and edit submissions ( i.e. correspondence, speaking notes, and other communications), to senior level management, ministry staff and and other Ministries/ central agencies.

Knowledge :

Knowledge of the scope and history of Aboriginal and treaty rights (First Nation/Métis) in Canada generally and Ontario specifically and knowledge of the history and significance of Ontario treaties, especially in the current provincial environment of resource development. Knowledge of First Nation/Metis issues including governance structures, provincial-territorial organization, land claims, cultural values, and the application and utility of Aboriginal Traditional
Knowledge, especially as it relates to consultation policies, practices and issues.

Knowledge of the resource development sector and climate in Ontario including associated legislation and regulatory regimes, resource development practices, programming, and policies. Knowledge of the Ontario mineral development sector in particular and its associated regulatory regime.

Knowledge of Aboriginal and treaty rights issues and the relationship of rights through consultation to the resource development climate in Ontario, and in particular, Ontario's mineral development sector and climate.

Knowledge of the jurisprudence of consultation and the application of consultation practices in Canada generally and in Ontario specifically, including the ability to operationalize legal constitutional obligations concepts such as the Duty to Consult and the Honour of the Crown.

Knowledge of the economic development climate in northern Ontario and the ministry's role in promoting economic development through various programming and policies and initiatives.

Knowledge of Ministry structures, core businesses, priorities, policies and operations in order to ensure the Crown legal obligations are met and to manage the Crowns risk. Knowledge of Government of Ontario policies, practices and programming as they relate to Ontario meeting its consultation obligations with First Nation and Métis communities, in particular the Aboriginal policies and practices of the Ministry Aboriginal Affairs and resource based ministries including Natural Resources, Environment, Transportation, Tourism and Culture, Energy and Municipal Affairs. Ability to work with staff in informal and designated working groups and teams from across the ministry in a complex and challenging work environment.

The position requires the incumbent to demonstrate:
- research skills and an understanding of research methodologies to research a variety of databases and informational sources (i.e. federal and provincial data sources and legal databases) to collect all relevant information; an understanding of underlying policy implications; and ability to synthesize historical information with current operational issues and realities;
- interpersonal skills and collegial working practices to develop trust and positive working relationships with Senior Management and staff at all levels;
- communication and issues management skills to resolve contentious problems involving consultation and Aboriginal and/or treaty rights issues, achieve support and advance the ministry's position through support to decision makers;
- analytical and problem solving skills to recognize and assess often sensitive and complex issues and develop and recommend effective solutions.
- ability to manage a complex interface of research projects, meeting timelines associated with regulatory decisions, with high quality output. Project planning, coordination and organizational skills to manage and coordinate a range complex responsibilities relative but not exclusive to the ministry's consultation requirements under the Mining Act.
- consultative, presentation and oral communication skills to work with staff in order to provide expertise, strategic advice, training and support to Ministry senior management in order to support the decision making requirements the Ministry needs to make regarding authorizations for permits concerning adequacy and effectiveness of consultation.
- acuity to recognize and take into account sensitive political and/or operational situations involving aboriginal/treaty rights and develop appropriate responses.

Judgement :

Position works under the general direction of the Director of the ministry's Aboriginal Relations Branch (ARB) and within the broad framework of the ministry's mandate, guidelines, procedures and programming for northern development with a focus on providing consultation advice and services to all ministry staff requiring such services, with a particular emphasis on the consultation supports for staff in the Mines and Mineral Division, who will implement the regulatory framework under the Mining Act. As the expert ministry resource on consultation and Aboriginal and treaty rights, the position is relied upon and responds to requests for detailed information and analysis from the Director, Assistant Deputy Ministers (4), Deputy Minister, Senior Management across ministry, program staff, Legal Services Branch, Corporate Policy Branch, and the Communications Services Branch, on issues related to Aboriginal and treaty rights and ensuring the ministry's Duty To Consult obligations are met.

Judgement is required to: interpret policies and ministry/central agency guidelines; determine priorities; assess risks; identify/develop precedents; research, strategically; analyze and recommend best strategies to meet priorities and goals; ensure professional and technical standards are maintained and build complex relationships across the division, Ministry and Ontario government.

Judgement is also required to advise senior level managers and staff empowered under the Mining Act to manage regulatory affairs; identify, select and compile information to support initiatives and Ministry plans; perform qualitative analyses; ensure accuracy, integrity and validity of information; and develop and maintain strong working relationships with Division, Ministry and Ontario government contacts.

Accountability - Programs :

Accountable for research, ministry wide support, coordination and application of information regarding Aboriginal and treaty rights related to the assessment of the Ministry's Duty To Consult obligations, including but not exclusive to supporting consultation decisions related to the regulatory framework under the Mining Act Amendment 2009. Position has the ministry lead in developing and maintaining the ministry's Aboriginal Awareness programming.

Accountability – Personnel :

Reports under the supervision of the Director, Aboriginal Relations Branch, and works directly with staff in the Aboriginal Relations Branch, Legal Services Branch, Mineral Development Branch and Corporate Policy Branch providing progam support services. Participates in working groups internal to the ministry and with working groups within the OPS through problem resolution, policy development, planning of resources, managing tasks, monitoring project progress and reviewing work quality. Accountable for the day-to-day coordination and development of Ministry tasks and projects related to information on Aboriginal and treaty rights and Consultation products.

Accountability - Finance and Materials :

Responsible for research and problem resolution regarding Aboriginal and treaty rights and consutlation issues and for recommending priorities and policy and operational direction to ministry Senior Management and working groups regarding Aboriginal rights and consultation matters. Responsible for providing input and advice to Ministry staff and Senior Management to ensure integrity and accuracy of Ministry positions on Aboriginal rights and consutlation matters. Responsible to ensure that any projects, initiatives and/or case studies involving expenditutre of public funds and ministry resources are completed on time and within budget.

Accountability - Impact of Errors :

Errors in releasing confidential information could result in the loss of confidence in the Ministry's ability to meet objectives and fulfill its mandate at the negotiating table, and loss of confidence of the government at large, particularly on matters related to safety and security of the Ontario Public. Inappropriate, inaccurate or incorrect information could put the Ministry's business at risk and result in public embarrassment to senior officials. Mismanagement of key and sensitive information regaring Aboriginal and treaty rights and consultation matters could result in above mentioned errors, lack of productivity, poor morale, loss of confidence on the part of the Minister, Deputy Minister and Senior Managers.

Contact - Internal :

Frequent contact with the Director, Assistant Deputy Minister and senior management and program staff within the Ministry to provide expertise & advice, exchange information, develop eduaction and awareness programs, interpret guidelines, coordinate, provide specialized analyses, resolve problems and communicate information on subject matters and related government policies in relation to Aboriginal and treaty rights and consultation matters and geneally Aboriginal relations throughout the province. The position will actively establish and maintain contacts with staff from the ministry's Aboriginal Relations, Mining Lands, Mineral Development, Legal Services, Corporate Policy, OGS, Communications, Regional Economic Development and Northern Growth Plan Branches. These contacts will involve one-on-one relationships, working groups, workshops, formal/informal committees as well as presentations to groups of division/Ministry managers, executives and staff.

Contact - External :

Regular and frequent contact with other Ontario ministries including but not limited to the Ministery of Aboriginal Affairs, Ministry of Natural Resources, Ministry of Energy, Ministry of Environment, Ministry of Transportation, and Municipal Affairs and Housing and their associated staff to garner / exchange information on Aboriginal rights and consutlation subject matters and other issues related to Aboriginal rights including Ontario Land Claims positions and Far North Land Use Planning activities. Participation on ministry and inter-ministry teams as required to develop ministry/government policies/procedures for emerging issues. Position requires contact with other jurisdictions in Canada, and with Aboriginal and non-Aboriginal communities and stakeholders to obtain information and input enhance and/or support research activities involving rights, consultation issues, and tradtional cultural values.