Bulletin – First Nations Consultation
The AER announced the release of a revised version of the Joint Operating Procedures for First Nations Consultation on Energy Resource Activities (the “Procedures”). The Procedures set out the administration and coordination of First Nations consultation between the AER and the Aboriginal Consultation Office (“ACO”). The Procedures were first announced on February 4, 2015 with the release of Bulletin 2015-04, but were later suspended pursuant to Bulletin 2015-10 on February 26, 2015 pending the implementation of a requirement to submit a First Nations consultation declaration form and associated requirements.
This Bulletin sets out those new requirements in section 4 of the Procedures, which take effect on July 1, 2015. As part of the requirement, the applicant for a project under a specified enactment (namely, the Water Act, the Public Lands Act, the Environmental Protection and Enhancement Act, and Part 8 of the Mines and Minerals Act) must identify whether First Nations consultation is required. If so, the applicant must provide the following information:
(a) A First Nations impacts and mitigation table, summarizing the First Nations consulted;
(b) Any potential adverse impacts on the existing rights of aboriginal peoples or their traditional uses identified during consultation; and
(c) Any mitigation proposed by the applicant during consultation.
