Aboriginal Consultation

As a regulatory agency, CNSC must satisfy itself that the Crown's duty to consult and, if appropriate, accommodate, has been met towards Aboriginal communities whose established or potential treaty rights may be affected.

Licensees and applicants are strongly encouraged to present their proposed project to community members and Aboriginal groups who may be affected by it, or who express interest or concerns over the proposal, at the earliest possible stages of the project (at the planning stage). Early discussions and consultations with communities help to identify address relevant issues as soon as possible in the process.

Consultation Requirements for Environmental Assessments

Consulting Canadians on matters of interest and concern to them is an important part of good governance, sound policy development and decision-making. In accordance with the Canadian Environmental Assessment Act (CEA Act) and its regulations, Environmental Assessments provide opportunities for public participation in activities undertaken by potential licensees and/or CNSC, including Aboriginal consultations.

Crown Duty to Consult

In addition to the general provisions for public consultations referenced in the CEA Act and other laws, Canada also has statutory, contractual and common-law obligations to consult with Aboriginal groups. According to The Constitution Act, 1982, Aboriginal groups have specific rights and include the Indian, Inuit and Métis peoples of Canada.

To this end, and as one of the many departments, agencies and other Government of Canadian entities that, collectively, comprise the federal “Crown,” CNSC is obligated to ensure that any of its regulatory activity that may have an impact on established or potential Aboriginal rights is informed by rigorous consultation with prospective rights holders.

CNSC’s role in ensuring that this legal obligation is fulfilled may vary, depending on factors such as the nature of the project in question or the role of other federal entities. In some instances, CNSC may be part of a federal Crown consultation team; in others, it may be the lead or coordinator; and in yet other cases CNSC may be the sole federal entity involved in consulting a group of Aboriginal peoples with respect to a particular project. CNSC sees itself as one of many organizations that, collectively, have an obligation to ensure that the legal duty to consult is met.

CNSC recognizes the value of community knowledge and Aboriginal traditional knowledge. In many cases, consultations carried out under an Environmental Assessment (EA) process accommodate the duty to consult Aboriginal groups, however, the Crown may also carry out separate consultations and implement mitigation and/or accommodation measures in addition to those done under the Environmental Assessment process.

With respect to different levels of EAs, for projects that undergo a screening or comprehensive study assessment under the Act, the federal EA coordinator facilitates communication and cooperation within the Government of Canada, with provinces, and various other bodies and the public, including land claims bodies and Aboriginal self-governing bodies.

Similarly, where a project is referred to a review panel, the Minister may enter into an agreement or arrangement with another jurisdiction to establish a joint review panel. The Act defines “jurisdiction” as “any body established pursuant to a land claims agreement referred to in section 35 of The Constitution Act, 1982 and having powers, duties or functions in relation to an assessment of the environmental effects of a project”.

The Act also provides the Minister of the Environment with authority to refer a project to a mediator or review panel, even though a trigger does not exist under Section 5 of the Act, if it may cause significant adverse environmental effects on reserve lands or treaty lands as set out in a land claim agreement.

Regardless of the particular role that CNSC may play in any given situation, its activities with respect to consulting Aboriginal peoples about potential impacts to Section 35 rights will conform to legal jurisprudence, and the Aboriginal Consultation and Accommodation: Interim Guidelines for federal officials to Fulfill the Legal Duty to Consult (PDF).

Key links (See Note)

• Index of NRCan maps of all Canada Lands, including Indian Reserves
• Aboriginal Canada Portal
• Considering Aboriginal traditional knowledge in environmental assessments
• National Energy Board Consideration of Aboriginal Concerns
• Industry Practices: Developing Effective Working Relationships with Aboriginal Communities (PDF)
• Mining Information Kit for Aboriginal Communities (PDF)

Need more information?

If you need more information about Aboriginal consultations, please contact CNSC:

Telephone: 613-995-5894 or 1-800-668-5284 (Canada only)
Fax: 613-992-2915
Email: licensees@cnsc-ccsn.gc.ca

Please note: Links to Web sites not under the control of CNSC are provided solely for the convenience of users. CNSC is not responsible for the accuracy, currency or the reliability of the content of those sites. CNSC offers no guarantee in that regard and is not responsible for the information found through these links, nor does it endorse the sites or their content.

Users should be aware that information offered by non-Government of Canada sites, to which the Official Languages Act and certain other requirements may not apply, may be available only in the language(s) used by the sites in question.