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Aboriginal Consultation for Industry October 27, 2009. Violet Camsell-Blondin Chair, Wekèezhìi Land and Water Board Zabey Nevitt Executive Director, Wekèezhìi Land and Water Board. Talk Summary. Background to Mackenzie Valley Boards and regulatory process. Defining Consultation Effort.
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Aboriginal Consultation for Industry October 27, 2009 Violet Camsell-Blondin Chair, Wekèezhìi Land and Water Board Zabey Nevitt Executive Director, Wekèezhìi Land and Water Board
Talk Summary • Background to Mackenzie Valley Boards and regulatory process. • Defining Consultation Effort. • Roles and Responsibilities; examples.
Regional Panels NWT Land Claims Fed Fed Fed Fed Fed Fed Chair Chair Chair Gwich’in Tlicho Sahtu Gwich’in Tlicho Sahtu SAHTU DENE AND METIS Gwich’in Comprehensive COMPREHENSIVE LAND CLAIM AGREEMENT Land Claim Agreement Wek’eezhii Land and Water Board Sahtu Land and Water Board Gwich’in Land and Water Board
SLWB Mackenzie Valley Land and Water Board WLWB GLWB MVLWB Chair Unsettled Regions
Transboundary Panel between Sahtu and Gwichen SLWB Transboundary Panel Examples WLWB GLWB MVLWB Chair Transboundary Panel for Unsettled and Settled Region Unsettled Regions
Mackenzie Valley Land and Water Board “The objectives of the Board are to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit generally for all Canadians and in particular for residents of the Mackenzie Valley.”
Jurisdiction of the 4 Land and Water Boards of the Mackenzie Valley
Integrated System Application Regulatory Process (Land and Water Boards) Preliminary Screening: Public Concern or significant adverse impact NO Yes Application approved with or without measures Environmental Assessment and/or Review (Mackenzie Valley Environmental Impact Review Board) Application Rejected
Consultation Effort • Overall Consultation Effort based on: • Community Expectation • Scope of Project • Temporal and spatial characteristics • Stage of Development • Legal Requirements (Statute) • Legal Precedent (Jurisprudence) • What is reasonable
Stages of Development Consultation Effort Closure Operations Post Closure Pre Application Licence Renewal Closure Planning Regulatory Process
Stages of Development Consultation Effort Closure Operations Post Closure Pre Application Licence Renewal Closure Planning Regulatory Process
Principles • Respect • Honesty • Regionally Appropriate • Relationship Building • Participatory • Dynamic • Ongoing • Coordinated
Outcomes Outcomes • Relationships • Communication • Issue identification • Information Exchange • Understanding • Adaption • Negotiation
Roles and Responsibilities • Company • Meet with Communities • Hold site visits • Provide Resources • Develop a Public Engagement Plan • Potentially develop agreements or MOUs • Community – Company liaison Committees • “Facilitated” Consultations • Ensure appropriate people are present
Roles and Responsibilities • Company (Examples) • PDAC e3 Plus: Framework for Responsible Exploration. • Engagement processes by BHP Billiton and DDMi on Closure Planning. • Anglo-American Uranium Exploration Program engagement (initial and ongoing). • GGL Diamonds (PGB, CH and Awry Lake Claims). • Even Government can do a good job: Colomac (INAC – CARD) and Wekweètì Winter Road Realignment (GNWT – DoT).
Roles and Responsibilities • Boards/Regulators • Provide advice to applicants • Develop policies and provide guidance on expectations • Develop processes that fulfil Board responsibilities as outlined by law • Carry out ongoing communication and develop relationships with communities • Provide technical support, information where appropriate • Act as conduit/mediator when appropriate
Roles and Responsibilities • Boards/Regulators (Examples) • Development of Pre-Submission Engagement Guidelines • MV Wide Working Group on Consultation and Engagement. Developing Valley Wide Policy and regional guidelines (contact: pewaschuk@wlwb.ca for more information) • Workshops on specific issues • Wekeèzhìi Forum • Participation in Akaitcho Consultation Working Group
Roles and Responsibilities • Communities • Define consultation and engagement expectations • Guidelines and Protocols • Define communication protocols • Be prepared to negotiate and participate • Keep a dialogue going with constituents • Examples • Akaitcho Exploration Agreements • Tlicho TK Protocols (under development)
WWW.MVLWB.CA • Separate tabs for each Board • Hosted by MVLWB • Online ledger and registry • Application Lists and Maps • Shared Calendar and Contacts