Alberta’s First Nations Consultation Guidelines on Land Management and Resource Development

Presented by Graham Statt A/Executive Director International, Intergovernmental and Aboriginal Relations September 2007



Alberta Context

Alberta in the strongest growth ever  230,000 + active dispositions for resource development  17,000 - 20,000 dispositions/year  100 million acres of Crown land  47 First Nations in 3 treaty areas

Recognized Rights

 “The existing Aboriginal and Treaty rights of the Aboriginal peoples of Canada are hereby recognized and affirmed” Section 35, Constitution Act, 1982  Supreme Court of Canada decisions 

Strengthening Relationships: Alberta’s Aboriginal Policy Framework (2000)

Alberta’s Duty to Consult

 Crown has a duty to consult  Only procedural aspects may be delegated  Alberta’s role: support, guide, review proponent-led consultation  Crown has authority to judge consultation, approve/deny projects

Alberta’s Policy to Consult

 Recognizes duty, outlines principles  Potential for adverse impacts triggers consultation process  Consult before decisions are made  Two years, hundreds of meetings 

Alberta’s First Nations Consultation Policy on Land Management and Resource Development

May 16, 2005

Guidelines Development

      Cross-ministry team Consultation Policy May 2005 Draft guidelines framework Dec 2005 Final framework, 1 May 2006 st draft guidelines Final guidelines Sept 2006 Information sessions 500 participants

Guidelines Implementation

 Staff orientation and training sessions  Staff knowledge survey 

Fast Facts

 Issues management strategy  Guidelines Annual Quality Assurance Assessment

Guidelines Overview

       Duty to Consult Practical, efficient process Delegate procedural aspects – Assessment and Notification – Consultation Procedures Adequacy review Decision making Department specific approaches www.international.gov.ab.ca

Best Practices

  Site visits Community meetings



Best Practices cont.

Cultural awareness training

Best Practices cont.

  Pre-application consultation Business, employment and training Built by joint-venture company “Log Technologies Inc.” owned by Chip Prairie First Nation and EnCana

Best Practices cont.

  Long-term relationship building Community investment

Outcomes Alberta Policy & Guidelines

      Avoid and mitigate impacts to rights and traditional uses Engagement in decision making earlier in process Opportunity for resolution of issues Effective resource development Increase certainty for all parties Manage legal risk

First Nations Consultation

    

Capacity Investment Program

Core funding program based on area’s resource activity $6.6 million annually Designated First Nations’ consultation office with hired staff Regional Capacity Coordinators Regional Consultation Tables

Government Information Sessions

Traditional Use Studies Initiative  Traditional Use Studies Initiative – $9 million over 3 years

First Nations Economic Partnerships Initiative (FNEPI)  Designed to increase First Nations participation in the economy by: – Supporting partnerships between First Nations, industry, GOA and stakeholders – Strengthening First Nations economic capacity – Assisting in the development of a viable First Nations private sector

Aboriginal Community Link

Guidelines Annual Quality Assurance Assessment

 Four aspects: 1. Written/verbal feedback 2. Web-based survey 3. Focus groups (industry/government) 4. First Nations, through third-party consultant

First Guidelines Revision

  Feedback, first season, six themes A. Consultation Fees B. Clarity C. Key Concepts D. Data Driven System E. Capacity F. Communication Guidelines revised by October 2007

Unresolved Issues

 Trilateral process to discuss, resolve: – timelines – notification – capacity  Unresolved broader issues affect consultation process – appropriate mechanisms for issues unrelated to consultation

Future of Consultation in Alberta

         Monitor implementation closely Discharge duty to consult Remain responsive to change Resolve issues in a timely manner Increase capacity Regulatory or legislative changes Begin work on Métis consultation Review Policy in 2009 Take a proactive approach

Contact Information  www.international.gov.ab.ca

– Policy and Guidelines – Frequently Asked Questions – Fast Facts on Consultation – Capacity and Economic Development

Grant programs

– Consultation Contact Information for First Nations and government