Frequently asked questions on Indigenous Knowledge in federal impact assessments

The Impact Assessment Act requires the mandatory consideration and protection of Indigenous Knowledge alongside western science in impact assessments of designated projects, regional assessments and strategic assessments.

It is an honour for the Impact Assessment Agency of Canada to have Indigenous Peoples share their Indigenous Knowledge. The work achieved together is based on a foundation of trust, respect and cultural awareness.

To learn more about Indigenous Knowledge in federal impact assessments led by the Agency and by Review Panels, please consult our frequently asked questions below.

We thank the Agency’s Indigenous Advisory Committee for its valuable input in developing these answers.

• What is Indigenous Knowledge?

  There is no single definition of Indigenous Knowledge.

  For the purposes of the Impact Assessment Act (the Act), we understand Indigenous Knowledge as a term that refers to a set of complex knowledge systems based on the worldviews of Indigenous Peoples.

  Indigenous Knowledge reflects the unique cultures, languages, values, histories, governance and legal systems of Indigenous Peoples. It is place-based, cumulative and dynamic. Indigenous Knowledge systems involve living well with, and being in relationship with, the natural world and have been passed down since time immemorial. Indigenous Knowledge systems build upon the experiences of earlier generations, inform the practice of current generations, and evolve in the context of contemporary society.

  Different First Nations, Inuit and Métis communities each have distinct ways of describing their knowledge. Knowledge Holders are the only people who can truly define Indigenous Knowledge for their communities.

  For example, in an impact assessment, Indigenous Knowledge relates to many topics. For example, Indigenous Knowledge about moose may be shared in a discussion about hunting. However, that knowledge may also be relevant to other important topics. The Indigenous Knowledge shared might speak to how the moose and their ecosystems have evolved – how they relate to plants, water, air, soil and other wildlife. It might also relate to an Indigenous community’s cultural, spiritual, health, social, and economic values.

  Given its layers, the knowledge should be considered in relation to many topics during the impact assessment. It is also valuable across all stages of an impact assessment.

  Canada’s colonial history and its ongoing legacy of systemic barriers have important implications for the ability of Indigenous Peoples to maintain and develop their knowledge systems. For example, the Summary of the Final Report of the Truth and Reconciliation Commission of Canada states:

  "For over a century, the central goals of Canada’s Aboriginal policy were to eliminate Aboriginal governments; ignore Aboriginal rights; terminate the Treaties; and, through a process of assimilation, cause Aboriginal peoples to cease to exist as distinct legal, social, cultural, religious, and racial entities in Canada".

  Indigenous Peoples are inseparable from their knowledge. Given colonial attempts to separate Indigenous Peoples from their knowledge, communities are taking concerted efforts to revitalize their languages and Indigenous Knowledge systems.

  For more information about the principles that federal officials follow when including Indigenous Knowledge in federal processes, see the Indigenous Knowledge Policy Framework for Project Reviews and Regulatory Decisions.

• What are the benefits of including Indigenous Knowledge in impact assessments?

  Indigenous Knowledge makes project reviews more thorough and complete. It improves project design and contributes to better decision-making. Indigenous Peoples have been on the lands and waters since time immemorial. Therefore, they know the lands and waters and how this environment has changed over time.

  Indigenous Knowledge systems usually view the lands, air, oceans, waters, sky world and all living things, including people, as a whole that is more than the sum of its parts. Indigenous Knowledge systems usually describe the interconnections between all the parts of the ecosystem, including people.

  More specifically, Indigenous Knowledge in impact assessments:

  • shows how the environment is connected to people’s health, society and the economy;
  • helps others understand Indigenous worldviews and the history of Indigenous communities in Canada;
  • provides information on how Indigenous Peoples use lands and resources for traditional purposes, and about cultural heritage and archaeological sites;
  • shows how newly proposed project activities may interact with lands and waters;
  • helps identify valued components and study areas to include in the impact assessment;
  • helps identify alternative means of carrying out the project, and the potential impacts of those alternatives;
  • contributes to a greater understanding of environmental, health, social and economic impacts;
  • helps determine the severity of impacts;
  • helps understand, assess and respond to a project’s potential impacts on the rights of Indigenous Peoples;
  • helps identify or improve mitigation measures or accommodation options;
  • helps understand the cumulative effects of different projects in a given geographical region;
  • informs sustainability and climate change considerations; and
  • informs decision-making, including decisions about whether a project is in the public interest.

• How does the Agency consider Indigenous Knowledge in impact assessments?

  The Agency and Review Panels recognize the importance of Indigenous Knowledge in impact assessment. Indigenous Knowledge is given full consideration in impact assessments alongside western science.

  The Agency encourages project proponents to show how they considered different knowledge systems in their Impact Statements.

  The Agency and Review Panels give full consideration to both knowledge systems within an ethical space. An ethical space is a conversational space for knowledge systems to interact with mutual respect, kindness, generosity and other values and principles such as equity and respect. It is based on cultural humility and openness and it seeks to develop relationships and trust. It also aims for better decision-making based on open consideration of all information from diverse knowledge systems.

  In some cases, there are disagreements on findings in a project proponent’s Impact Statement, including around mitigation measures. This can happen between different parties providing advice, including between Indigenous Knowledge holders and western science. In these instances, for Agency-led assessments the Agency and other federal departments will consult Indigenous communities on those issues. The Agency then considers all the information before it, from all knowledge systems, when drafting the Impact Assessment report and developing potential conditions for the decision statement. For assessments conducted by a Review Panel, the Review Panel will solicit views from all participants during its process and will ask questions and seek clarification on topics where participants do not agree. The Review Panel will consider and integrate Indigenous Knowledge when writing conclusions and recommendations in its report.

  It is important to note that there are also Indigenous individuals who are able to apply the concept of "Two-Eyed Seeing" (which was named by Mi’kmaw Nation Elders). Two-Eyed Seeing is: "the gift of multiple perspective treasured by many aboriginal peoples … it refers to learning to see from one eye with the strengths of Indigenous knowledges and ways of knowing, and from the other eye with the strengths of Western knowledges and ways of knowing, and to using both these eyes together, for the benefit of all." (From "Two-Eyed Seeing and other lessons learned within a co-learning journey of bringing together indigenous and mainstream Knowledges and ways of knowing")

  As one way of considering western science and Indigenous Knowledge together, proponents, government officials and Review Panels may engage these individuals as they are able to consider Indigenous Knowledge and western science together when identifying issues, analyzing information, or coming to conclusions about the impacts of project. Their expertise may also be used to help assess an environmental component, socio-economic condition or project effects on Indigenous Peoples.

• How is Indigenous Knowledge included in impact assessments?

  Seeking to include Indigenous Knowledge in impact assessments is part of the broader process of consulting with Indigenous Peoples and building relationships with Indigenous communities. The work achieved together is based on a foundation of trust, respect and cultural awareness. It is an honour for the Agency and Review Panels when Indigenous Peoples share their Indigenous Knowledge, as it requires that basis of trust.

  When seeking Indigenous Knowledge, government officials, proponents and other participants in an impact assessment should:

  • engage with each Indigenous community separately (unless the communities themselves choose to work together);
  • work with a variety of Knowledge Holders based on direction from the Indigenous leadership; and
  • respect each Indigenous community’s protocol, knowledge system and rights, and be flexible in how they approach this work. Note that Indigenous communities are not obligated to share their Indigenous Knowledge. In this situation, proponents and the Agency need to demonstrate that efforts have been made to seek the community’s knowledge and document the community’s response (if one is provided).

  Including Indigenous Knowledge in impact assessment occurs over different phases of the assessment process.

  • Pre-planning Phase
    • Prior to the start of the impact assessment process, the Agency starts consultations with Indigenous Peoples early and encourages the proponent to work with Indigenous communities.
  • Planning Phase
    • The Agency and proponents continue working with Indigenous communities in the planning phase.
    • An Indigenous Engagement and Partnership Plan will be developed during this phase. A project-specific plan will be developed for each impact assessment, outlining at a high level the groups that will participate in the impact assessment, and how they will participate, including details related to Indigenous knowledge where appropriate. The Indigenous Engagement and Partnership Plan will inform community-specific consultation plans, where appropriate. This plan will be developed collaboratively with Indigenous communities.
    • The Agency proactively shares all relevant information about the project and the proposed impact assessment process with potentially affected Indigenous Peoples.
    • The Agency uses the Tailored Impact Statement Guidelines to state the requirements for proponents to collect information, including Indigenous Knowledge.
    • Consultation, which includes receiving Indigenous Knowledge, continues throughout the impact assessment in a collaborative manner.
  • Impact Statement Phase
    • Indigenous communities may share Indigenous Knowledge with proponents or consultants for inclusion in the Impact Statement, or directly with the Agency, federal departments or Review Panel. Note that Indigenous communities are encouraged to share Indigenous Knowledge but are not obligated to do so.
  • Impact Assessment Phase
    • The Agency and Review Panel work with Knowledge Holders to understand and apply Indigenous Knowledge when provided as part of the analysis of the Impact Statement.
    • The Agency or Review Panel states in the Impact Assessment Report how it received, applied and took into account Indigenous Knowledge in the analysis. This includes:
  • how the proponent described its work with Indigenous Knowledge in the Impact Statement, where applicable; and
  • how the Agency or Review Panel considered Indigenous Knowledge in reaching its recommendations and conclusions.
  • The Agency includes the Indigenous Knowledge provided by each Indigenous community separately. This may vary for each impact assessment to reflect the needs of the assessment and Indigenous communities involved. The approach for describing Indigenous Knowledge is based on the direction of the Indigenous leadership. Indigenous Knowledge can come in a variety of forms and inform different aspects of the assessment. Indigenous leadership may choose to instruct on how best to capture this, especially for Indigenous Knowledge that is intangible (e.g., not specifically about a biophysical valued component).
  • The Agency consults with Indigenous communities on potential project conditions, mitigation, enhancement and monitoring measures which may be informed by Indigenous Knowledge.
  • The Agency validates any text written about Indigenous Knowledge with those Indigenous communities.
  • Decision-Making Phase
  • One of the factors for the public interest determination is impacts on Indigenous Peoples and their rights. Indigenous Knowledge is one of the main sources of information about these impacts.
  • The Decision Statement and reasons for determination will reflect consideration of relevant Indigenous Knowledge.
  • Post-decision Phase
  • Indigenous communities are often engaged in the implementation of decision statement conditions and in follow-up and monitoring.  This can include engagement to seek Indigenous Knowledge, where appropriate.

• How do Indigenous Peoples share Indigenous Knowledge with the Agency?

  Indigenous Peoples share their Knowledge according to the processes or protocols of their respective Indigenous community. It may be shared:

  • orally (e.g., through storytelling, in an interview, out on the land, in a ceremony);
  • in writing; and
  • in other formats (e.g., a video).

  Receiving Indigenous Knowledge is an honour and creates a responsibility for the recipient to treat the Indigenous Knowledge with respect according to any protocols. This requires a foundation of humility, trust, understanding, and respect.

  Studies conducted by Indigenous communities are often the most effective vehicles for including Indigenous Knowledge in an impact assessment. Indigenous communities then can share their studies with the proponent for inclusion in the Impact Statement, which is then provided to the Agency and/or Review Panel. A regional or strategic assessment committee may also receive Indigenous Knowledge.

  The consent of Indigenous communities is required before sharing Indigenous Knowledge within the impact assessment process.

• What is the Agency’s approach for confidential Indigenous Knowledge?

  Under the Act, Indigenous Knowledge provided to the recipient in confidence for an impact assessment will be kept confidential (the recipient can be the Agency, Review Panel, Regional or Strategic Assessment Committee or the Minister). It will not be posted online and cannot be disclosed via access to information requests. Note that this does not apply to assessments that are continuing under the Canadian Environmental Assessment Act, 2012.

  Before an Indigenous community shares Knowledge with the Agency or Review Panel, the Agency or Review Panel will work with the community to agree on the ways in which the Indigenous Knowledge will be shared and considered and whether it should be kept confidential from other parties.

  As an alternative to formal confidentiality procedures, Indigenous communities may choose to summarize or generalize the information before providing it to the Agency, Review Panel and/or the proponent, to ensure that sensitive details are not included, and the summary can be made publicly available.

  There are some exceptions where confidential Indigenous Knowledge could be disclosed to specific parties. These include:

  • when the information is publicly available;
  • when disclosure is necessary for the purposes of procedural fairness and natural justice (this is when decision-makers must give specific parties, such as the proponent, a fair opportunity to see the confidential Indigenous Knowledge when that knowledge could affect a decision that has consequences on that party); or
  • for use in legal proceedings.

  When Indigenous communities choose to participate in hearings held by Review Panels, or regional or strategic assessment committees, their confidential Indigenous Knowledge will be protected. For example, by holding private sessions where only the community, the panel/committee and the proponent are present. The Review Panel will set out procedures for working with Indigenous communities on how to protect Indigenous Knowledge.

  Please refer to our guidance on protecting confidential Indigenous Knowledge for more information.

• How does the Agency seek consent to include Indigenous Knowledge in impact assessments?

  At the start and throughout the impact assessment, Agency officials have conversations with Indigenous communities about Indigenous Knowledge in impact assessment. This includes:

  • how and when the Agency will seek consent from the Indigenous leadership to include their Indigenous Knowledge in the impact assessment;
  • how, when and where Indigenous Knowledge may be used; and
  • the measures in place to protect sensitive or confidential Indigenous Knowledge, including any exceptions.

  This can be documented in the Indigenous Engagement and Partnership Plan and Community Specific Plans that are developed in the Planning Phase.

  Sometimes, Indigenous communities may choose to provide their Indigenous Knowledge for the impact assessment via the proponent. In such cases, the proponent must receive consent to include Indigenous Knowledge when they begin working with Indigenous communities.

  For information about working towards free, prior and informed consent for the impact assessment, aside from consent related to Indigenous Knowledge, see our webpage on implementing the United Nations Declaration on the Rights of Indigenous Peoples.

• What are some good practices for proponents to follow when engaging on Indigenous Knowledge with Indigenous Peoples?

  Proponents play an important role in establishing respectful and ethical relationships with potentially affected Indigenous communities throughout the impact assessment process.

  It is important for proponents to seek direction from Indigenous Peoples about how they wish to participate in the impact assessment process. Proponents should engage Indigenous communities prior to submitting an Initial Project Description to start the impact assessment, and agree on how to collect, include and protect Indigenous Knowledge.

  Proponents must follow each individual community’s specific protocols when seeking Indigenous Knowledge. Protocols and best practices often include:

  • demonstrating cultural awareness, humility and respect;
  • obtaining consent to gather Indigenous Knowledge from Indigenous leadership and from each individual Knowledge Holder, recognizing that consent may be withdrawn at any time. Proponents may review information from secondary sources but must still work together with the community whose Indigenous Knowledge is included in the source to validate the information and analysis related to Indigenous Knowledge.
    • If consent is denied, the Indigenous Knowledge in question must not be included in the assessment.
    • If a response cannot be obtained, the information should not be included unless no other relevant source can be found. In this case, a clear disclaimer must be included to identify that the information is from a secondary source and may not be applicable within the context, and that consent for its inclusion could not be obtained;
  • creating ethical space to include Indigenous Knowledge in the process, including by:
    • showing mutual trust and respect;
    • respecting the dignity and interconnectedness of all beings; and
    • caring about well-being.

  In the impact assessment context, "ethical space" is increasingly understood as facilitating the development of those relationships and trust within a framework of cultural humility and openness, which in turn should lead to better decision-making.

  • considering Indigenous Knowledge systems alongside western science;
  • hiring a consultant (chosen by the Indigenous community wherever possible) that can bring applicable knowledge and experience or contracting with the Indigenous community to arrange for the respectful collection of Indigenous Knowledge;
  • making it possible for Indigenous Knowledge to be provided in Indigenous languages, including providing interpreters who are trusted by the community;
  • having appropriate mechanisms to receive Indigenous Knowledge in different ways
  • providing sufficient resources to support this work, including compensating Knowledge Holders as culturally appropriate;
  • providing a reasonable opportunity for Indigenous communities to review and validate how their Indigenous Knowledge was described and used wherever possible;
  • discussing with Indigenous communities how confidential Indigenous Knowledge will be shared and managed (including protecting confidential Indigenous Knowledge from public release); and
  • ensuring that Indigenous Knowledge is meaningfully reflected in impact assessments, project planning and design decisions.

• How does Indigenous Knowledge relate to the assessment of a project’s impacts on Indigenous rights?

  The process of working with Indigenous Peoples to include Indigenous Knowledge in impact assessment must respect and reflect Indigenous rights. Sharing or teaching Indigenous Knowledge (for example, from Elders to youth) is often associated with the exercise of Indigenous rights particularly when place-based and/or seasonal.

  For example, the exercise of Indigenous rights often includes activities such as hunting, fishing, trapping and gathering plants. When out on the land doing these activities, Indigenous Peoples gain and pass on Indigenous Knowledge.

  The assessment of impacts on Indigenous rights should consider the context around the project’s location and potential impacts. This requires an understanding of how past, present, and future activities affect an Indigenous community’s ability to exercise their rights. Indigenous Knowledge can inform the understanding by the proponent, Crown and Review Panel.

  Indigenous Knowledge must be considered in the assessment of impacts on Indigenous rights. This is also important for the Crown to meet its duty to consult with Indigenous communities and to accommodate impacts on their rights.

  This work with Indigenous communities is aligned with the United Nations Declaration on the Rights of Indigenous Peoples, including working towards free, prior and informed consent.

  For more information on how impacts on Indigenous rights are assessed, refer to our guidance on assessment of potential impacts on the rights of Indigenous Peoples.

• How are federal or provincial authorities involved when considering Indigenous Knowledge in impact assessments?

  Where the Indigenous community agrees, the Agency may involve provincial or other federal authorities to consider Indigenous Knowledge when the provincial or federal authorities provide expert advice in their respective areas of jurisdiction for an impact assessment.

  Assessments may also be conducted jointly with a province, substituted to provincial authorities, or may be conducted by an integrated review panel with a regulator such as the Canadian Nuclear Safety Commission or the Canadian Energy Regulator. The relevant federal or provincial authorities must consider Indigenous Knowledge as part of the information for the impact assessment, when making recommendations throughout the assessment and post decision-making (if a project is approved). For example:

  • Indigenous Knowledge may be presented at review panel hearings, where federal and provincial authorities are present.
  • If a project is approved, federal or provincial regulators can refer to Indigenous Knowledge provided as part of their work during compliance, monitoring and/or compliance activities during the proponent’s project construction, operation and decommissioning.
  • Indigenous Knowledge can be shared with federal and provincial regulators as part of a project monitoring committee.

  If a project is going through a substituted impact assessment by another jurisdiction, that jurisdiction is required to demonstrate that they can meet all the requirements under the Impact Assessment Act. This includes requirements for the consideration and protection of Indigenous Knowledge.

Related links

• Indigenous Knowledge under the Impact Assessment Act: Procedures for working with Indigenous communities
• Guidance on Indigenous People's participation in impact assessment
• Protecting confidential Indigenous Knowledge under the Impact Assessment Act
• Implementing the United Nations Declaration on the Rights of Indigenous Peoples
• Impact assessment process