Aboriginal Consultation Policy
and Guidelines
A Presentation to the College of Alberta
Professional Foresters
Scott Duguid, Stewardship Branch, ESRD
June 19th, 2014
Agenda
• Background
• The Policy
– Policy Timeline
• The Guidelines
– Table of Contents
– Period for Comment and Technical Sessions
• Consultation Process/Administration Changes
– Key Changes
– Proponents Guide
• Training
• Contacts
Background
Timeline
• 2013 First Nation Consultation Policy
– Released August 2013
• Implementation requires guidelines, sector specific
matrices, levy
– Draft guidelines released for comment Oct 2013
– Draft matrix released for comment Oct 2013
– Levy Act Royal Assent 2013 – not yet in effect
• Next Steps
– Finalize Guidelines and Matrices – June 30, 2014
– Finalize Levy regulations and system – Dec 31, 2014
• Process agreements
• Annual Policy updates
– Continuous Review and Improvement
Process to this point
• In October 2013, Aboriginal Relations held group
engagement sessions with First Nations, industry and
stakeholder representatives to inform the
implementation of The Government of Alberta's Policy
on Consultation with First Nations on Land and
Natural Resource Management, 2013.
• During these sessions, key elements under the Policy
were discussed.
• Over the last 24 months, First Nations, industry and
stakeholder feedback helped inform the guidelines
and matrices development.
The Policy
Alberta’s First Nation Consultation Policy on
Land Management and Resource
Development
• Revised policy released August 2013
– Not yet in force
• Revised Policy statement:
Alberta will consult with First Nations when Crown land
and natural resource management decisions may adversely
impact Treaty rights protected under the Constitution Act,
1982, as well as traditional uses
• Matters subject to policy
– Regulations
– Policies
– Plans
Alberta’s Crown-led Consultation
Process
• Pre-consultation assessment
– Consider
• Triggers for a legal duty to consult
– If yes, degree (scope) of consultation required
• First Nations and Métis organizations
• Consultation strategy (part of the RFD)
– Set out
• Purpose
• Process
• First Nations and Métis organizations
• Consultation plan
– Implementation
• Notification process
• Meeting agendas/dates
• Process to report back
Alberta’s Crown-led Consultation
Process continued
• Consultation record
– Legal record
• Contact effort
• Identified issues
• Commitments/actions
• Follow-up/resolution
• File closure memo
– Internal adequacy assessment
• Compare consultation plan to actions
• Identify issues raised and resolutions
The Guidelines
Guidelines
• Table of contents
– Introduction – flows from the
Policy
– Roles and Responsibilities
• Government of Alberta
• Aboriginal Consultation Office –
Aboriginal Relations
• Environment & Sustainable
Resource Development
• Culture
• Tourism Parks & Recreation
• Municipal Affairs
• Transportation
• Infrastructure
• Proponents
• First Nations
• Alberta Energy Regulator
– Consultation Process
• Delegated Consultation
• Substantive Consultation
• Pre Consultation Assessment
• Adequacy Determination
• Timelines
Guidelines
• Next Steps
– Review comments and revise
– Final document released by June 30th
– Implementation
• The Corporate Consultation Guidelines and associated
consultation matrices enable implementation of specific
elements of the consultation policy. The Government of
Alberta’s Policy on Consultation with First Nations on
Land and Resource Management, 2013 will come into
effect after finalization of the Consultation Guidelines
which is currently scheduled for June 30, 2014. At this
time, the previous consultation guidelines and consultation
policy will no longer be valid.
• Annual Review
Period for Comment and
Technical Sessions
• The Guidelines were sent out for comment and
technical sessions were held
– Draft Guidelines released for comment on October 2013
– Technical Sessions held May 26 – June 3
• Locations: Calgary, Slave Lake, Bonnyville, and
Edmonton
– Comments accepted until June 19
Consultation
Process/Administration Changes
Key Process/Administration
Improvements
• The last time Aboriginal Relations went out to seek
feedback was in the 2013 technical sessions
• Main themes from industry and First Nations
- Clarity and consistency in all stages of process; First
Nations had a strong interest in the pre-consultation
stage
- Interest in clarifying expectations for timelines for
response and for the consultation process overall
- Request to describe the relationship between and roles
of the ACO, other GOA ministries, and the AER
- This input was considered in creating the new draft
and some changes were made in response
Proponents Guide
• Focus Group of Industry Representatives
– Proponents Guide to be developed in the next 2 months
– Includes direction on some more prescriptive
administrative process steps and some best practices
Training
Training
• Training will be offered on the Guidelines and the
Proponents Guide once both are complete
– Training sessions to be rolled out beginning this summer
and fall
– For the latest information refer to:
www.aboriginal.alberta.ca
Contacts
Stewardship Branch
Aboriginal Engagement and Planning
Unit Contacts:
Scott Duguid, Director – 780 422-5619
Drea Wonnacott, Section Lead – 780 644-4559
Aboriginal Consultation Office
Contacts:
Lawrence Aimoe, Executive Director - 780 644-1036
Cory Enns, Director - 780 644-1055
Arlette Malcolm, Director - 403 700-3704
Carcey Hincz, Director - 780 538-8026
Thank you
Questions?
Updates: www.aboriginal.alberta.ca