Alberta's First Nation Consultation Policy and Guidelines

1. Aboriginal Consultation Policy and Guidelines A Presentation to the College of Alberta Professional Foresters Scott Duguid, Stewardship Branch, ESRD June 19th, 2014

2. Agenda • Background • The Policy • Policy Timeline • The Guidelines • Table of Contents • Period for Comment and Technical Sessions • Consultation Process/Administration Changes • Key Changes • Proponents Guide • Training • Contacts

3. Background

4. Timeline • 2013 First Nation Consultation Policy • Released August 2013 • Implementation requires guidelines, sector specific matrices, levy • Draft guidelines released for comment Oct 2013 • Draft matrix released for comment Oct 2013 • Levy Act Royal Assent 2013 – not yet in effect • Next Steps • Finalize Guidelines and Matrices – June 30, 2014 • Finalize Levy regulations and system – Dec 31, 2014 • Process agreements • Annual Policy updates • Continuous Review and Improvement

5. Process to this point • In October 2013, Aboriginal Relations held group engagement sessions with First Nations, industry and stakeholder representatives to inform the implementation of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013. • During these sessions, key elements under the Policy were discussed. • Over the last 24 months, First Nations, industry and stakeholder feedback helped inform the guidelines and matrices development.

6. The Policy

7. Alberta’s First Nation Consultation Policy on Land Management and Resource Development • Revised policy released August 2013 • Not yet in force • Revised Policy statement: Alberta will consult with First Nations when Crown land and natural resource management decisions may adversely impact Treaty rights protected under the Constitution Act, 1982, as well as traditional uses • Matters subject to policy • Regulations • Policies • Plans

8. Alberta’s Crown-led Consultation Process • Pre-consultation assessment • Consider • Triggers for a legal duty to consult • If yes, degree (scope) of consultation required • First Nations and Métis organizations • Consultation strategy (part of the RFD) • Set out • Purpose • Process • First Nations and Métis organizations • Consultation plan • Implementation • Notification process • Meeting agendas/dates • Process to report back

9. Alberta’s Crown-led Consultation Process continued • Consultation record • Legal record • Contact effort • Identified issues • Commitments/actions • Follow-up/resolution • File closure memo • Internal adequacy assessment • Compare consultation plan to actions • Identify issues raised and resolutions

10. The Guidelines

11. Guidelines • Table of contents • Introduction – flows from the Policy • Roles and Responsibilities • Government of Alberta • Aboriginal Consultation Office – Aboriginal Relations • Environment & Sustainable Resource Development • Culture • Tourism Parks & Recreation • Municipal Affairs • Transportation • Infrastructure • Proponents • First Nations • Alberta Energy Regulator • Consultation Process • Delegated Consultation • Substantive Consultation • Pre Consultation Assessment • Adequacy Determination • Timelines

12. Guidelines • Next Steps • Review comments and revise • Final document released by June 30th • Implementation • The Corporate Consultation Guidelines and associated consultation matrices enable implementation of specific elements of the consultation policy. The Government of Alberta’s Policy on Consultation with First Nations on Land and Resource Management, 2013 will come into effect after finalization of the Consultation Guidelines which is currently scheduled for June 30, 2014. At this time, the previous consultation guidelines and consultation policy will no longer be valid. • Annual Review

13. Period for Comment and Technical Sessions • The Guidelines were sent out for comment and technical sessions were held • Draft Guidelines released for comment on October 2013 • Technical Sessions held May 26 – June 3 • Locations: Calgary, Slave Lake, Bonnyville, and Edmonton • Comments accepted until June 19

14. Consultation Process/Administration Changes

15. Key Process/Administration Improvements • The last time Aboriginal Relations went out to seek feedback was in the 2013 technical sessions • Main themes from industry and First Nations • Clarity and consistency in all stages of process; First Nations had a strong interest in the pre-consultation stage • Interest in clarifying expectations for timelines for response and for the consultation process overall • Request to describe the relationship between and roles of the ACO, other GOA ministries, and the AER • This input was considered in creating the new draft and some changes were made in response

16. Proponents Guide • Focus Group of Industry Representatives • Proponents Guide to be developed in the next 2 months • Includes direction on some more prescriptive administrative process steps and some best practices

17. Training

18. Training • Training will be offered on the Guidelines and the Proponents Guide once both are complete • Training sessions to be rolled out beginning this summer and fall • For the latest information refer to: www.aboriginal.alberta.ca

19. Contacts

20. Stewardship BranchAboriginal Engagement and Planning Unit Contacts:Scott Duguid, Director – 780 422-5619Drea Wonnacott, Section Lead – 780 644-4559

21. Aboriginal Consultation OfficeContacts:Lawrence Aimoe, Executive Director - 780 644-1036 Cory Enns, Director - 780 644-1055 Arlette Malcolm, Director - 403 700-3704 Carcey Hincz, Director - 780 538-8026

22. Thank youQuestions?Updates: www.aboriginal.alberta.ca