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

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

Background

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

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, 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.

The Policy

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 Alberta’s First Nation Consultation Policy on Land Management and Resource Development

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

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

The Guidelines

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

Guidelines Next Steps –Review comments and revise –Final document released by June 30 th –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, At this time, the previous consultation guidelines and consultation policy will no longer be valid. Annual Review

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

Consultation Process/Administration Changes

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

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

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:

Contacts

Stewardship Branch Aboriginal Engagement and Planning Unit Contacts: Scott Duguid, Director – Drea Wonnacott, Section Lead –

Aboriginal Consultation Office Contacts: Lawrence Aimoe, Executive Director Cory Enns, Director Arlette Malcolm, Director Carcey Hincz, Director

Thank you Questions? Updates: