Violet Camsell-Blondin Chair, Wekèezhìi Land and Water Board Zabey Nevitt Executive Director, Wekèezhìi Land and Water Board Aboriginal Consultation for Industry October 27, 2009

Background to Mackenzie Valley Boards and regulatory process. Defining Consultation Effort. Roles and Responsibilities; examples. Talk Summary

NWT Land Claims Gwich’in Comprehensive Land Claim Agreement Chair Fed Tlicho Chair Fed Gwich’in Regional Panels Sahtu Land and Water Board Wek’eezhii Land and Water Board Gwich’in Land and Water Board COMPREHENSIVE LAND CLAIM AGREEMENT SAHTU DENE AND METIS Chair Fed Sahtu

Mackenzie Valley Land and Water Board MVLWB Chair Unsettled Regions WLWB GLWB SLWB

Transboundary Panel Examples MVLWB Chair Unsettled Regions WLWB GLWB SLWB Transboundary Panel between Sahtu and Gwichen Transboundary Panel for Unsettled and Settled Region

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

Preliminary Screening: Public Concern or significant adverse impact Environmental Assessment and/or Review (Mackenzie Valley Environmental Impact Review Board) Regulatory Process (Land and Water Boards) Application Rejected Application NO Yes Application approved with or without measures Integrated System

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 Consultation Effort

Pre Application Regulatory Process Operations Licence Renewal Closure Planning Closure Post Closure Stages of Development

Shared Consultation Responsibility

Consultation Effort Pre Application Regulatory Process Operations Licence Renewal Closure Planning Closure Post Closure Stages of Development

Respect Honesty Regionally Appropriate Relationship Building Participatory Dynamic Ongoing Coordinated Principles

Outcomes Relationships Communication Issue identification Information Exchange Understanding Adaption Negotiation Outcomes

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: for more – 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) Roles and Responsibilities

 Separate tabs for each Board  Hosted by MVLWB  Online ledger and registry  Application Lists and Maps  Shared Calendar and Contacts