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Published byJanel Gilmore Modified over 8 years ago
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CONSULTATION GUIDELINES IMPLEMENTATION UPDATE June 2007
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GUIDELINES DEVELOPMENT AND ROLE OUT Policy May 2005 Draft framework for Guidelines released December 2005 Final Framework and first draft guidelines released May 2006 Final guidelines released September 2006 Public information sessions in 4 locations involving 500 participants in September 06
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GOA IMPLEMENTATION ACTIONS Staff orientation and training August through December 2006 Staff knowledge survey fall 2006 Review of staff requirements and submission on additional resources fall 2006 Documentation requirements clarified Issues management process established
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FIRST NATIONS RESPONSE Varied response across the province by individual FN Political statement of rejection and request for a model based on a requirement for FN consent prior to development approvals and compensation when development occurs in FN traditional territory Emergence of “Consultation Fees”
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FIRST NATIONS PRACTICES Some FN’s approach consultation as information sharing and opportunity for dialogue with industry Outcomes sought are mitigation of impacts and opportunity for economic benefits to the FN through direct involvement in the project
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FIRST NATIONS PRACTICES Other FN’s are demanding that all development in their traditional territory be subject to their review and approval Outcomes sought are a model based on consent, FN control of development and compensation paid to the FN by government and industry
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RESPONSE FROM INDUSTRY Increased contact by most companies with FN’s Growing awareness of the requirements of the policy and guidelines on industry Constant flow of information from industry to government through CAPP and GAG
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GENERAL INDUSTRY CONCERNS Consistency of delegation by GOA Consultation Fees Role clarity vis-à-vis GOA and EUB Traditional territories definition and overlap
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RESPONSE FROM GOA STAFF Some uncertainty on how to decide when to delegate Some uncertainty on the, “adequacy of consultation”, decision making process Uneven levels of knowledge and skill in managing the consultation process
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GOA STAFF CONCERNS Work load impact Legal risk issues Impact on government’s role as the manager of all public lands in Alberta Impact on the role of all statutory decision makers
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All Crown Land Traditional Areas Traditional Use Data Accepted Land Claims Reserve Lands Land Management Decision Making Consultation = Participation in Decision Making Consultation ≠ Control Consultation ≠ Co-management Government Responsibilit y First Nations Responsibilit y
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FRAMEWORK MEASURES OF SUCCESS Engagement by all parties in the process Reduce adverse impacts on rights and traditional uses Timely review of project specific consultations Focused review on projects with the highest potential to impact FN’s
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FRAMEWORK MEASURES OF SUCCESS Increased access to and use of Traditional Use data in the decision-making process Information and plain language documents provided to FN’s in a timely manner Timely response from FN’s Meaningful engagement of FN’s in planning processes Impacts are avoided, mitigated or accommodated where appropriate
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NEXT STEPS Ongoing issues management Work with FN’s on “47 Assessments” to clarify when and who to consult Provide GOA response to the Fees and charges issue Establish some clear expectations on time lines for the consultation process
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NEXT STEPS Modify the guidelines based on the feedback and analysis effective July 1 st 2007 Monitor implementation and review in June 2008 Review Policy 2009
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