Aboriginal consultation

Following the Bruce Power Nuclear Generating Station licence renewal Commission hearings in 2018, the Canadian Nuclear Safety Commission (CNSC) has continued to work in the spirit of collaboration and partnership to formalize its relationship with the Saugeen Ojibway Nation (SON).

On May 21, 2019, the CNSC and the SON signed Terms of Reference to provide a forum through which they can collaborate and address areas of interest or concern raised by the SON regarding CNSC-regulated facilities and activities within the SON's traditional territory.

CNSC Executive Vice-President and Chief Regulatory Operations Officer Ramzi Jammal, Chief Lester Anoquot and Chief Greg Nadjiwon signed the Terms of Reference on May 21 at the Bruce County Museum and Cultural Centre in Southampton, Ontario.

As an agent of the Government of Canada and as Canada's nuclear regulator, the Canadian Nuclear Safety Commission (CNSC) recognizes and understands the importance of consulting and building relationships with Canada's Aboriginal peoples.

The CNSC ensures that all its licensing decisions under the Nuclear Safety and Control Act (NSCA) and Environmental Assessment decisions under the Canadian Environmental Assessment Act, 2012 uphold the honour of the Crown and consider Aboriginal peoples' potential or established Aboriginal or treaty rights pursuant to section 35 of the Constitution Act, 1982 (together, the "Aboriginal interests").

The CNSC recognizes that Aboriginal peoples have concerns with regard to the nuclear sector and that it is important to seek opportunities to work together in ensuring the safe and effective regulation of nuclear energy and materials. The CNSC will continue to communicate objective scientific, technical and regulatory information about its activities and the effects of the nuclear industry in Canada as per the objectives of the NSCA.

Aboriginal Consultation

Duty to consult

The duty to consult is founded on the honor of the Crown, which requires that the Crown (or an agent of the Crown) consult with and, if required, accommodate the interests of the Aboriginal peoples when the Crown is aware of real or asserted existence of an Aboriginal or treaty right and contemplates a decision that might adversely affect the exercise of that right. The scope of consultation is proportionate to the asserted Aboriginal or treaty right and the impact of the potentially adverse effect upon it. The CNSC sees itself as one of many organizations that, collectively, have an obligation to ensure that the legal Duty to Consult is met, and the CNSC has articulated its approach in its Codification of Current Practice: CNSC Commitment to Aboriginal Consultation.

Coordinated approaches

Insofar as its quasi-judicial functions allow, the CNSC supports a whole-of-government approach to Aboriginal consultation. The CNSC will coordinate consultative efforts, where feasible, with other federal, provincial, and/or territorial regulatory departments and agencies through a one-window approach with respect to environmental assessment and licensing activities.

The CNSC recognizes the value of community knowledge and Aboriginal traditional knowledge. The CNSC encourages Aboriginal peoples to outline the nature and the scope of their Aboriginal interests that they feel may be affected by a proposed project or activity regulated by CNSC and to bring forward outstanding issues and concerns through out the regulatory process.

In many cases, consultations carried out under an environmental assessment (EA) process may fulfill 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 EA process.

Consultation requirements for EAs

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, 2012 (CEAA 2012) and its regulations, EAs provide opportunities for public participation in activities undertaken by potential licensees and/or the CNSC, including Aboriginal consultations.

If you or your community would like to learn more about the EA process, contact the CNSC.

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and the Government of Canada’s Open Government website under the "Find a Consultation" option.

For more information

Need more information?

If you need more information about Aboriginal consultations, contact the CNSC.

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