UN Declaration on the Rights of Indigenous Peoples and the CNSC

The Canadian Nuclear Safety Commission (CNSC) applies the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) while working with Indigenous Nations and communities. We ensure meaningful consultation, participation and inclusion in our regulatory processes.

Our commitment

Building trust and advancing reconciliation are key priorities. We work collaboratively to ensure the voices of Indigenous Nations and communities are heard and concerns are addressed.

Our approach

The CNSC is guided by the UN Declaration and the United Nations Declaration on the Rights of Indigenous Peoples Act, 2021 (UN Declaration Act). These frameworks help us build respectful, long-term relationships with Indigenous Nations and communities. We strengthen our consultation approach by reflecting the principles of the UN Declaration.

We collaborate with other federal departments and agencies and consider Canadian court decisions, to inform implementation of the UN Declaration Act and its action plan. We also work with Indigenous partners and federal departments to support measures in the action plan that connect to our mandate.

Our goal is to ensure the rights, perspectives and knowledge of Indigenous Peoples are recognized and meaningfully included in our regulatory activities. The UN Declaration Act is one of the important frameworks that helps guide our approach and responsibilities.

UN Declaration Act

The UN Declaration Act became law in June 2021. It establishes the UN Declaration as a human rights framework for Canadian law. The federal government must align its laws with the UN Declaration and work with Indigenous Peoples on fulfilling the UN Declaration Act Action Plan.

The Action Plan includes 181 measures and was released in June 2023. The federal government reports to Parliament each year on its progress.

Free, prior and informed consent

Free, prior and informed consent (FPIC) is a key principle in the UN Declaration. It confirms the rights of Indigenous Peoples to participate fully and voluntarily in decisions that affect their rights, lands, resources and communities.

FPIC processes are expected to respect Indigenous protocols and aim for consensus through agreement. They align with CNSC regulatory timelines and decision-making processes.

The CNSC supports Indigenous Nations and communities in leading their own FPIC processes. We also work with proponents and licensees to ensure these processes are respected and integrated into regulatory decisions.

These FPIC components include the rights of Indigenous Nations and communities:

• free: act voluntarily in implementing processes and providing positions on projects
• prior: engage early in the process before any decisions are made
• informed: receive comprehensive, accessible and culturally appropriate information, including potential project impacts
• consent: decide through FPIC processes, consultations and interventions whether to give or withhold consent

How FPIC is put into practice

The CNSC works directly with Indigenous Nations and communities to:

• seek FPIC when rights and interests may be affected by nuclear projects
• collaborate to understand FPIC processes and ensure positions are communicated
• adjust consultation activities to reflect Indigenous perspectives, laws, knowledge and practices
• develop and carry out solutions together to address concerns

The CNSC adjusts its processes and expects licensees to:

• adapt procedures based on Indigenous protocols, cultures, laws and requests
• follow CNSC guidance that is clear and up to date
• collaborate with impacted Indigenous Nations and communities to address concerns
• build partnerships and work towards agreements that support FPIC

These practices help ensure FPIC is respected in regulatory decisions, and that Indigenous Nations and communities are active partners throughout the process.

Expectations for proponents and licensees

Proponents are individuals or organizations proposing a project, usually before applying for a licence. They are expected to engage respectfully with Indigenous Nations and communities at all stages of CNSC-regulated activities.

Proponents and licensees are expected to:

• start engagement early in project planning
• build meaningful relationships with Indigenous Nations and communities
• work to address concerns and strengthen partnerships
• follow the Indigenous consultation regulatory document
• provide clear, accessible information to Indigenous Nations and communities
• collaborate on solutions and propose mitigation or offset measures
• respect Indigenous and/or treaty rights throughout regulatory processes

The duty to consult rests with the Crown. The CNSC carries out this duty for CNSC-regulated activities and may delegate procedural aspects of consultation to licensees when needed.

Proponents and licensees also have consultation obligations under legislation, permits or agreements. This shared responsibility highlights the importance of collaboration.

Licensees are uniquely positioned to collect information, build relationships and propose measures to avoid or reduce impacts while respecting Indigenous and treaty rights. This role complements the CNSC’s oversight and supports reconciliation.

The role of the CNSC is to:

• retain the legal duty to consult
• delegate procedural aspects to licensees where appropriate
• ensure transparency, fairness and balanced consideration of interests
• review and verify the activities of licensee engagement to ensure consultation is meaningful

These expectations support respectful engagement and reconciliation while upholding Indigenous and treaty rights.

Consultation process

Our consultation requirements for environmental and licensing reviews are based on federal and provincial laws, and court decisions. Indigenous Nations and communities can participate meaningfully in every stage and provide recommendations to the Commission for proposed nuclear projects.

Indigenous Nations and communities can take part in the following ways.

1. Planning and procedural involvement
   • develop consultation plans and protocols
   • participate in meetings and workshops
   • carry out rights-impact assessments
   • participate in technical review teams
2. Review and comment on submissions
   • review licensee submissions and technical documents
   • review environmental and impact assessments
3. Shared knowledge and data
   • gather and contribute Indigenous Knowledge and data on land use
   • conduct Indigenous-led studies and data collection
4. Negotiation and compliance discussions
   • discuss mitigation measures and offset strategies
   • collaborate on the development of licence conditions
5. Sovereign and procedural actions
   • carry out FPIC processes and protocols
   • participate in Commission proceedings

Indigenous Nations and communities help guide CNSC decisions and strengthen regulatory processes by taking part in these activities.

Legal references

The consultation process is grounded in Canada’s legal and regulatory framework. Key references include the following legislation:

• Nuclear Safety and Control Act
• Impact Assessment Act, 2019
• Canadian Environmental Assessment Act, 2012

Other references include:

• applicable provincial environmental-assessment legislation
• Federal Court decisions interpreting the duty to consult
• REGDOC-3.2.2, Indigenous Engagement (CNSC)

These legal and regulatory references guide how the CNSC and licensees engage with Indigenous Nations and communities. They ensure consultation respects Indigenous and/or treaty rights.

Related links

• UN Declaration on the Rights of Indigenous Peoples
• Duty to consult and accommodate
• Principles of Canada’s relationship with Indigenous Peoples
• Consultation with Kebaowek First Nation
• How to get involved in an environmental assessment