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

Good afternoon,

 I can think of a book that should/ could be on your list see here for the link or go to www.hulquminum.bc.ca/pubs/ConsultationCover.pdf on the Hul’qumi’num Treaty Group website where FN can directly access the book written by HTG staff on the Consultation Policy that has been written for the Hul’qumi’num Member Nations to share with governments to educate them on their obligations and responsibilities when consulting with FN.

Provincial Policy (October 2006)

Listed 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

Written 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)

Written 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."