Consultation Policy
On this page you will find the policy positions regarding First Nations consultation as developed by the following:
- Federal statements on First Nations consultation for various departments.
- Provincial consultation policy and various ministerial versions.
- International policy on indigenous peoples and land and resource rights.
- Examples of Consultation Policy
Hul'qumi'num Treaty Policy
Posted November 25th, 2008 by ElianaGood afternoon,
Provincial Policy (October 2006)
Posted October 25th, 2006 by ElianaListed below are the current policies used by line ministries for consultation with First Nations. For Provincial government bodies not listed here please refer to the Ministry of Aboriginal Relations and Reconciliation website (or this pdf).
Ministry of Aboriginal Relations and Reconciliation
Summary Brochure
http://www.corporate.gov.bc.ca//SP_brochures/ARR_brochure.pdf
Ministry of Energy and Mines
Mandate:
http://www.em.gov.bc.ca/subwebs/AboriginalAffairs/mandate.htm
or http://142.32.76.167/MACR/MarketingAbCommunityRelations/Pages/Mandate.aspx
Ministry of Forests
Aboriginal Consultation Policy & Guidelines for M.O.F.
http://www.for.gov.bc.ca/tasb/manuals/policy/resmngmt/rm15-1.htm
Ministry of Tourism, Sport and the Arts
Links to relevant sections of the Heritage Conservation Act:
Cultural Heritage Resource Management in Provincial Forests
http://www.tsa.gov.bc.ca/archaeology/policies/cultural_heritage_resource_management.htm
Recording Culturally Modified Trees
http://www.tsa.gov.bc.ca/archaeology/policies/recording_culturally_modified_trees.htm
Environmental Assessment Office
General
http://www.eao.gov.bc.ca/guide/2003/
E.A.O. Aboriginal Policy
http://www.eao.gov.bc.ca/guide/2003/sections/append2.pdf
links current as of July 9, 2008
Federal: Transport Canada
Posted October 20th, 2006 by ElianaWritten by Laurie Flahr in consultation with Transport Canada.
Prior to the disposal of federal real property under the management of Canada Port Authorities, Transport Canada investigates the possible existence of aboriginal title to the subject property. This process includes contacting the Department of Indian and Northern Affairs to determine if there are claims, treaties or pending negotiations or litigation which may affect the property and to obtain the names of aboriginal groups in the area who may have an interest in the property. The process also includes an examination of the possible extinguishment of aboriginal title.
In those cases in which Transport Canada determines that it is possible that there is unextinguished aboriginal title on the subject property, Transport Canada will ensure that affected First Nations have been appropriately informed of the proposed transaction and have been provided an opportunity to voice any concerns. Where circumstances warrant, Transport Canada may conduct historical and/or archaeological research to assist the Department in determining the existence of unextinguished aboriginal title and to guide officials conducting consultations with the relevant First Nations.
Federal: Public Works and Government Services Canada (PWGSC)
Posted October 20th, 2006 by ElianaWritten by Laurie Flahr in consultation with Public Works and Government Services Canada.
Public Works and Government Services Canada (PWGSC) does not have a formal policy for consulting First Nations. In practice personnel are generally recommended to advise First Nations when they are planning to sell a property, to see if there are concerns regarding aboriginal rights or title.
Treasury Board issued the following directive to PWGSC personnel:
"Before entering into an agreement to transfer title of any real property, departments should consult Justice Canada as to the possible existence of aboriginal title on the property in question. Where the property is also subject to a land claim, the advice of the Department of Indian Affairs and Northern Development should also be sought."
