Crown consultation with Indigenous Peoples in federal impact assessment
The Impact Assessment Agency of Canada (IAAC) supports and encourages Indigenous participation in assessments which is supported through strong and effective consultation processes that are based on meaningful relationship building. IAAC has unique expertise in designing and tailoring processes that ensure full Indigenous partnership and that support open and constructive dialogue among proponents, the Government of Canada, and Indigenous groups.
On this page
- A look at Canada’s duty to consult Indigenous communities
- Why Crown consultation matters
- Our approach to Crown consultation
- Indigenous participation in impact assessments
A look at Canada’s duty to consult Indigenous groups
Crown consultation is about the Government of Canada taking the time to consult with Indigenous groups before making decisions that could impact their rights or lands. Consultation is about listening and understanding concerns and, wherever possible, adjusting actions to respect those rights.
This duty to consult is grounded in the Government of Canada’s (the Government) constitutional responsibility to respect and protect Indigenous rights, as recognized and affirmed in Section 35 of the Constitution Act, 1982. And it is informed by the GC’s commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples.
Why Crown consultation matters
While the Impact Assessment Act (IAA) provides a clear system for consulting with Indigenous groups, IAAC strives to go above and beyond what is legally required. IAAC's goal is:
- to fulfill our constitutional obligations (including the duty to consult)
- to fulfill the requirements under the IAA to consider
- impacts on Indigenous Peoples and Indigenous rights
- Indigenous Knowledge and culture
- studies or assessments provided by Indigenous groups
- to fulfill the Government’s commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples (including the principle of free, prior, and informed consent)
- to incorporate Indigenous Knowledge and perspectives, which leads to better assessment decisions and stronger projects
- to increase Indigenous leadership and participation in assessments
Communication, relationship-building, and meaningful collaboration provide the foundation for a shared understanding and durable project outcomes. That’s why IAAC takes early steps to identify and involve Indigenous groups potentially impacted by major projects. IAAC aims to establish strong communication channels, build meaningful relationships and strengthen partnerships and cooperation.
This work is supported by flexible approaches to funding for both project participation and ongoing capacity support in assessments, as well as a skilled team of consultation practitioners who have deep expertise in supporting Indigenous leadership in impact assessments.
The duty to consult is not only essential, but also at the forefront of the assessment process, ensuring that the rights and interests of Indigenous groups re respected and considered in the decision-making process.
What people are saying: Marathon Palladium Mine
"Biigtigong Nishnaabeg and the Crown worked to build a collaborative relationship throughout the environmental assessment for the project.
"The project is on the Exclusive Aboriginal title territory of Biigtigong Nishnaabeg and since the community is the most highly impacted by the proposed project, the Crown needed to provide Biigtigong Nishnaabeg with supports and resources that would accommodate for impacts and enable the community to benefit from the project.
"The Crown recognized and respected Biigtigong Nishnaabeg’s requirement for a consensus-based process, and we believe we have set a new precedent for how the government can and should work with First Nations on a Nation-to-Nation basis in decision-making."
Government of Canada and S’ólh Téméxw Stewardship Alliance engagement and consultation protocol
"Witnessing and signing our first official Federal Engagement Protocol Agreement with the Impact Assessment Agency of Canada is an important ice-breaker for all other Canadian agencies who are contemplating how to engage in meaningful work with First Nations – not just from S’ólh Téméxw but from across the country.
"As Canada redefines its international relationships with its neighbours, it is my hope that by strengthening cooperation between the Crown and Indigenous Rights Holders, we can set a strong example of what is possible when everyone comes from a place of mutual understanding and respect."
Quote taken from "IAAC is first out of the gate with engagement and consultation protocol" article
Our approach to Crown consultation
IAAC leads federal consultation activities throughout all phases of an impact assessment, from the planning phase to the decision-making phase on a project. This includes opportunities for open dialogue on:
- the effects of designated projects on the health, social and economic conditions of Indigenous Peoples
- potential impacts of a project on Indigenous Peoples and the exercise of Indigenous rights
- possible solutions to address concerns
- the proposed project’s role in contributing to meeting Canada’s sustainability and environmental goals
- follow-up programs if the project proceeds
To ensure the process runs smoothly, IAAC leads the Government’s consultation team by coordinating the participation of other federal authorities or lifecycle regulators, as appropriate. This creates a 'one window’ point of contact for Indigenous groups throughout the impact assessment process. It provides multiple opportunities for meaningful dialogue and collaboration with the aim of securing free, prior and informed consent for decisions that affect Indigenous Peoples.
As the federal lead and coordinator for consultations during an impact assessment, IAAC:
- Identifies Indigenous groups whose rights may be adversely affected by the proposed project
- Provides information about the proposed project and invites consultation with identified Indigenous groups
- Offers Indigenous groups funding to meaningfully participate in the impact assessment and consultation activities
- Encourages ongoing collaboration and partnership with Indigenous groups
- Incorporates feedback during the consultation process before decisions are made
- Works with Indigenous groups to develop solutions to address issues raised during the impact assessment and consultations.
IAAC adapts its approach based on the nature and scope of consultation activities required for each project and how they may affect Indigenous groups and their rights.
IAAC also works closely with proponents to ensure a common understanding of the potential impacts of their projects and identify innovative approaches that address potential adverse effects identified by Indigenous groups.
Indigenous participation in impact assessments
It’s critical that Indigenous groups potentially impacted by proposed major projects are informed about the effects that major projects (such as mines, dams, marine and port terminals) can have on the environment and their rights as Indigenous Peoples. Understanding and addressing the complex impacts of major projects requires approaches that are grounded in an understanding of Western science and Indigenous Knowledge.
By collaborating in the impact assessment of a major project, Indigenous Peoples can ensure that their perspectives are taken into account when projects are designed. IAAC’s processes prioritize partnerships, allowing us to focus on understanding and addressing the potential impacts on the rights and interests identified by Indigenous Peoples.
Indigenous Committees and Programs
IAAC supports Indigenous leadership in impact assessments. It draws on the expert advice of advisory committees and on different programs to make it happen:
- The Indigenous Advisory Committee provides IAAC with expert advice on the development of key policy and guidance for the impact assessment system.
- The Indigenous Capacity Support Program provides funding to enhance meaningful engagement and leadership of Indigenous Peoples in consultations on assessments.
- The Policy Dialogue Program supports the public and Indigenous Peoples in sharing their expertise or providing Indigenous Knowledge relevant to the development of assessment policies or tools.