Guidance for proponents: Early engagement with Indigenous Peoples in impact assessments under the Impact Assessment Act

Overview

This guidance replaces the Impact Assessment Agency of Canada (IAAC)’s previous document titled "Information for Proponents: Preliminary Consultation Assessment in Impact Assessments under the Impact Assessment Act". This guidance applies to all designated projects, including those with integrated impact assessments. IAAC has undertaken a review of this guidance with a focus on increasing predictability and impact assessment efficiency for proponents.

Timely and efficient impact assessments of major projects are built upon a foundation of open and constructive dialogue between government, proponents and Indigenous groups. Understanding and addressing the complex impacts of major projects require prioritizing strong, mutually beneficial partnerships with Indigenous Peoples, and adopting distinctions-based approaches that are grounded in an advanced understanding of both Western science and Indigenous Knowledge systems.

IAAC uses a model of consultation and engagement with Indigenous Peoples that emphasizes collaboration, consensus-building and aiming to achieve free prior and informed consent. This model is aligned with the Government of Canada’s commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) and advance reconciliation through a renewed Nation-to-Nation, Government-to-Government, and Inuit-Crown relationship based on the recognition and upholding of rights, respect, cooperation and partnership.

This guidance focuses on the early phases of the impact assessment process, including prior to the initiation of a formal impact assessment process, and provides information for proponents regarding IAAC’s approach to identifying and consulting Indigenous groups who may be impacted by a proposed project. It also provides guidance to proponents on how to carry out meaningful engagement and relationship building with Indigenous Peoples, which may include the opportunity for Indigenous-led assessment.

Information on IAAC’s preliminary consultation assessment

On behalf of the federal government, IAAC serves as the Crown consultation lead for Indigenous groups participating in the impact assessment process under the Impact Assessment Act (IAA). The IAA and its supporting policy frameworks enable Indigenous groups to collaborate and work in partnership with IAAC, through the federal assessment process. To identify potentially impacted Indigenous groups, IAAC works with Indigenous groups and the proponent to inform the preliminary consultation assessment and shares the results with the proponent early in the impact assessment process to help facilitate relationship-building between the proponent and the Indigenous group. IAAC’s impact assessment process is not a rights-determination process, however, IAAC considers the nature and extent of rights as well as the degree of possible impacts in the preliminary consultation assessment.

• Why is IAAC committed to consultation and engagement with Indigenous Peoples in impact assessments?

  IAAC’s commitment to consult and engage with Indigenous groups is grounded in:

  • Constitutional obligations under Section 35 of the Constitution Act, 1982 and associated case law establishing the duty to consult and the Honour of the Crown. A duty to consult, and where appropriate, accommodate, arises when contemplated Crown conduct (such as a decision under the IAA) may adversely impact asserted or established Aboriginal and/or treaty rights, commonly referred to as Indigenous rights;
  • Honouring the treaty relationship between Indigenous Peoples and the Crown, based on the recognition of rights, respect, co-operation and partnership, and working together to uphold Indigenous Peoples responsibilities for the stewardship of their traditional lands and resources;
  • Government of Canada commitments to achieving reconciliation with Indigenous Peoples through a renewed, Nation-to-Nation, Government-to-Government, and Inuit-Crown relationship based on recognition of rights, respect, cooperation, and partnership as the foundation for transformative change;
  • Government of Canada commitments to implement the UN Declaration as the framework for reconciliation, including aiming to secure free, prior and informed consent throughout the impact assessment process. IAAC has and will continue to uphold these commitments through an impact assessment process that prioritizes early engagement, respects Indigenous governance and decision-making structures, and supports collaboration, partnership and cooperation with Indigenous Peoples;
  • The Principles respecting the Government of Canada’s relationship with Indigenous Peoples, which encourage starting from the objective of deep understanding and respecting self-determination;
  • Statutory obligations under the IAA and the commitment to carry out high-quality impact assessments that ensure Indigenous Knowledge systems, perspectives, concerns, and expertise contribute to informed decision making on proposed projects; and
  • IAAC commitments to build and maintain relationships with Indigenous Peoples and maximize Indigenous leadership in impact assessments.

• What is a preliminary consultation assessment?

  A preliminary consultation assessment is the analysis undertaken by IAAC early in the impact assessment process to identify the Indigenous groups that may be adversely impacted by a potential project. IAAC relies on information shared through engagement and consultation activities with Indigenous groups, along with available information from multiple sources, including proponents, provincial and territorial ministries, and federal departments, on the nature and extent of asserted or established Indigenous rights and the potential extent of project effects.

  This assessment is preliminary. As more detailed information is gathered through consultation and engagement activities during the Planning Phase, Indigenous groups and IAAC develop a deeper understanding of the intersection between proposed project activities and the potential severity of impacts. If, during the Planning Phase, it is determined that an impact assessment is required, IAAC publishes the Indigenous Engagement and Partnership Plan. The Indigenous Engagement and Partnership Plan is developed in collaboration with potentially impacted Indigenous groups and outlines the opportunities for consultation and engagement throughout the impact assessment process. The Indigenous Engagement and Participation Plan identifies the Indigenous groups that may be adversely impacted by the proposed project and further refines the preliminary consultation assessment by distinguishing between Indigenous groups whose rights are likely to be adversely impacted by a proposed project, and those who are unlikely to experience a potential adverse impact on Indigenous rights.

  IAAC acknowledges that the content and extent of the duty to consult and, where appropriate, accommodate varies according to the nature of the rights (established or asserted) and the severity of a project’s potential impact on these rights. It is also important to note that IAAC’s assessment of the extent of the duty to consult and, where appropriate, accommodate is at a preliminary stage during the Planning Phase of a project. It is further refined during the Impact Statement Phase, as IAAC collaborates with potentially impacted Indigenous groups with the aim of reaching consensus on the content of the assessment of impacts on rights.

• How does IAAC undertake its preliminary consultation assessment?

  A preliminary consultation assessment is the analysis undertaken by IAAC early in the impact assessment process. A preliminary consultation assessment is a key element of the impact assessment process used to identify the Indigenous groups that may be adversely impacted by a potential project. To identify Indigenous groups that could be potentially impacted by the project, the preliminary consultation assessment considers the nature and extent of asserted or established rights of Indigenous groups located in or practicing their rights within the project area, as well as the potential extent of project effects. IAAC can begin this analysis as soon as the proponent provides information on the project, such as the draft Initial Project Description during the Pre-Planning Phase. For example, when the proponent submits a draft initial project description to IAAC, IAAC may be able to start this analysis early, in the Pre-Planning Phase, and potentially share the results with the proponent prior to the commencement of the Planning Phase.The preliminary consultation process can then be shared with potentially impacted Indigenous groups and the proponent early in the impact assessment process for feedback, validation and to support relationship building.

  IAAC provides this information to help facilitate relationship-building between the proponent and Indigenous groups. The scope of consultation and engagement for a designated project may change as IAAC and Indigenous groups gain knowledge of the effects and potential impacts of a project, or if the project or its components are modified during the impact assessment process. If there are changes to the preliminary consultation assessment, IAAC would update the proponent and Indigenous groups.

  The principles that guide the preliminary consultation assessment include:

  • Respecting Indigenous rights and the Government of Canada’s commitment to implement the UN Declaration;
  • Establishing a process that enhances opportunities and removes barriers to Indigenous participation;
  • Acknowledging uncertainties and being consistent and transparent in the analysis of the limited information available in the early phases of the impact assessment process;
  • Considering the diversity of Indigenous Peoples and ensuring their concerns are appropriately and adequately represented in impact assessment processes; and
  • Facilitating an adaptive process that accommodates new information from Indigenous groups and proponents, allows updates to the scope of consultation, and adheres to OCAP® principles or the locally mandated data sovereignty protocols of Indigenous groups.

  The considerations in a preliminary consultation assessment include:

  • Ensuring multiple sources of information are reviewed and considered, including Indigenous Knowledge, values and other information shared from consultation and engagement activities with Indigenous groups, information shared by the proponent, and information from provincial ministries and federal departments when available;
  • The geographic extent of various potential project effects, and cumulative effects to which the project could contribute, and their various pathways. This may include the extent of effects on a waterway or watershed, airshed, and lands, as applicable. It can also include the extent of economic, health or social effects of a project;
  • The location of traditional territories, reserve lands, and land claims in relation to the extent of potential project effects;
  • Where Indigenous groups have indicated the potential for impacts from the project either to IAAC or to the proponent during early engagement; and
  • Where Indigenous groups have indicated an impact to Indigenous Peoples and their rights in the region, available in public documents related to previous consultation and engagement activities conducted by IAAC or other federal departments.

  Indigenous groups are encouraged to provide information to IAAC and the proponent about the potential impacts of the proposed project, their territory, and the exercise of their rights as early as possible. This helps IAAC and Indigenous groups determine where there is a pathway of effects from the project impacting Indigenous Peoples and their rights and come to a consensus on the degree of consultation needed on the project. It is also helpful for Indigenous groups to share pertinent insights from Indigenous Knowledge systems with proponents and IAAC early in the development of the project, as this knowledge may provide important knowledge to inform project design and to inform the assessment of potential project impacts.

  In addition to information provided by Indigenous groups and proponents, IAAC may use several of the following resources to ensure its use of accurate, verified and up to date information in the impact assessment process:

  • Aboriginal and Treaty Rights Information System for information on some Indigenous groups and identifying where rights are asserted or established in areas overlapping the study area of the project, to the extent that this information is available;
  • Historic or modern treaty maps, and maps of traditional territories, including those provided, verified, and validated by potentially impacted Indigenous groups, where available;
  • General mapping resources for the geographic location of the project and potentially impacted communities, as well as biophysical environmental data such as hydrometric, watershed, and air quality maps;
  • Consultation protocols established by Indigenous groups and shared with IAAC;
  • Texts of historic and modern treaties;
  • Broadly applicable and publicly available information from Indigenous organizations and communities (for example Tribal Council or community websites);
  • Publicly available information from Indigenous groups asserting rights in a specific area, including that presented through litigation;
  • Existing and previously completed federal or provincial environmental assessments, impact assessments and other related regulatory processes;
  • Traditional use or ethnohistorical studies in the Crown’s possession, provided, verified, and validated by potentially impacted Indigenous groups, where available;
  • Other Federal departments and Provincial ministries; and
  • Current consultation framework agreements or protocols in place between Canada and an Indigenous group.

• How does IAAC determine the Indigenous groups for consultation and engagement included in the Indigenous Engagement and Partnership Plan?

  Through the preliminary consultation assessment, IAAC identifies Indigenous groups who may be impacted by a project.

  The results of the preliminary consultation assessments are captured in the Indigenous Engagement and Participation Plan. The Indigenous Engagement and Participation Plan refines the scope of consultation and engagement by distinguishing Indigenous groups whose rights are likely to be adversely impacted by the proposed project (identified for consultation in the Indigenous Engagement and Participation Plan) and those who are unlikely to experience an adverse impact from the project on Indigenous rights (identified for engagement in the Indigenous Engagement and Participation Plan). IAAC may offer additional opportunities for collaboration with an Indigenous group, such as entering into a collaboration agreement or supporting an Indigenous-led assessment and/or study, in a situation where the preliminary consultation assessment identifies that the Indigenous group has established Indigenous rights that may be adversely impacted by the project.

Guidance for proponents on early engagement with Indigenous Groups

Early and meaningful engagement between the proponent and potentially impacted Indigenous groups is an effective way to support efficient and robust impact assessments and permitting of major projects. Proponents are expected to work together with Indigenous Peoples in a manner that promotes reconciliation, respects the rights and cultures of Indigenous Peoples, and protects and ensures the inclusion of Indigenous Knowledge systems. To achieve this, proponents should prioritize early engagement and relationship building with Indigenous Peoples.

• What is the proponent’s role in early engagement?

  IAAC is committed to improving the regulatory efficiency of the impact assessment and permitting process. This commitment aligns with the Cabinet Directive on Regulatory and Permitting Efficiency for Clean Growth Projects.

  Achieving these timelines will also require early preparation from proponents. Specifically, proponents should prioritize strong relationships and partnerships with potentially impacted Indigenous groups, early, meaningful, and good faith engagement and early identification and resolution of issues through open and constructive dialogue.

  Early engagement during the preparation of the Initial Project Description enables proponents to increase process efficiency, this includes:

  • Supporting a robust and efficient impact assessment by establishing an early, shared understanding of how the project may impact Indigenous Peoples and their rights;
  • Opportunities to work with Indigenous groups to identify and agree on potential project modifications that could avoid or minimize impacts to Indigenous Peoples and their rights;
  • Setting the foundation for effective scoping of the Tailored Impact Statement Guidelines by focusing on key areas of concern; and
  • Providing an opportunity to develop shared expectations with Indigenous groups regarding the relationship, including methods and frequency of communication, potential capacity constraints and how to address them, and the responsibilities of each party.

  While early engagement is critical to a timely, efficient, and high-quality impact assessment, proponents are expected to build and maintain strong working relationships with Indigenous groups throughout the impact assessment and permitting process. Proponents can prepare for engagement activities by first ensuring that, as the proponent, they have adequate internal capacity to engage meaningfully with Indigenous Peoples.

  Proponents should contact IAAC well in advance of the submission of their Initial Project Description. If needed, IAAC can help facilitate early engagement between Indigenous groups and the proponent to inform the preparation of the Initial Project Description and, when required, the Detailed Project Description. IAAC can also support coordinated discussions with federal departments to assist in the integration of Indigenous engagement for potential permitting and regulatory needs related to the proposed project. IAAC has an obligation and commitment to consultation and engagement and will provide support and guidance to proponents navigating their engagement requirements and can address questions and clarify expectations.

• What information does IAAC require from proponents early in the impact assessment process?

  Proponents are expected to engage with IAAC prior to the submission of their Initial Project Description. Providing IAAC with early information about the project, potential project effects, the geographic extent of such effects, anticipated federal permitting requirements, and the information gathered through any proponent-led engagement activities with Indigenous groups, supports IAAC’s ability to conduct a preliminary consultation assessment. This information also better positions IAAC for coordinating early discussions with federal departments to support the integration of Indigenous consultation and engagement for potential permitting and regulatory needs related to the proposed project. A smooth Planning Phase and efficient impact assessment process, including effective scoping of the Tailored Impact Statement Guidelines, requires that IAAC, federal departments, proponents and Indigenous groups share an early, common understanding of the potential project impacts and Indigenous group concerns.

  Proponents are expected to engage with the Indigenous groups identified through the preliminary consultation assessment in a meaningful way. Information regarding any proponent engagement with Indigenous groups, including information about how they were engaged, the key issues raised, and the results of engagement must be provided to IAAC in the Initial Project Description. As the Planning Phase progresses, IAAC will consult and engage with Indigenous groups on the proponent’s Initial Project Description. Following this, IAAC will provide the proponent with a Summary of Issues that IAAC considers relevant, taking into consideration issues raised by Indigenous groups. The proponent is then required to set out how it intends to address the issues raised in the Summary of Issues, including any issues that relate to the potential adverse impacts on Indigenous rights. The proponent’s Response to the Summary of Issues, along with the Initial Project Description and, when required, the Detailed Project Description, will inform IAACs decision on whether to require an impact assessment for the proposed project. Should an assessment be required, these documents will also inform IAAC’s scoping of the Tailored Impact Statement Guidelines.

• What is expected from proponents as the impact assessment progresses?

  Proponents must engage with Indigenous groups presented in the Indigenous Engagement and Partnership Plan and meet the information requirements outlined in the Tailored Impact Statement Guidelines. Proponents should adopt distinction-based approaches to engagement that recognize the unique attributes of First Nations, Inuit, and Métis, and acknowledge that each community has a unique culture, territory, and history. Impact assessments must consider the knowledge, and perspectives of potentially impacted Indigenous groups, with the objective of working toward consensus and mutual agreement.

  Proponents are expected to work with Indigenous groups to support information gathering, promote a shared understanding of potential project effects and to explore possible avoidance or mitigation measures. Understanding and addressing the complex impacts of projects requires approaches that are grounded in an advanced understanding of both Western science and Indigenous Knowledge systems. It takes strong relationships and collaboration with Indigenous groups to ensure that cultural considerations, customs, and governance processes, along with Indigenous groups’ expertise and knowledge, are prioritized.

  The Government of Canada can support Indigenous Peoples in strengthening capacity and does so through programs such as IAAC’s Indigenous Capacity Support Program and Participant Funding Program. Proponents can also complement the government’s initiatives by supporting capacity themselves through funding for Indigenous groups’ gathering information, through the conduct of joint or independent studies such as Indigenous Knowledge and land use studies, through community engagement, or through the Indigenous group taking a leadership role in the impact assessment process. There may also be situations where an Indigenous group requires additional resources to support their analysis of potential impacts on their rights.

  Where an Indigenous group chooses to not participate in parts of the impact assessment, the proponent must provide a record of this communication to IAAC. Proponent’s engagement practices must always be approached with flexibility and carried out in good faith with the understanding that circumstances may change, and new information may become available over the course of the impact assessment process. Working closely with Indigenous groups to understand where information gaps exist and providing clear and transparent information to address these gaps will support the goal of seeking consensus and shared understanding of the potential impacts.

• How can a proponent’s level of engagement with Indigenous groups differ based on the severity of potential impacts?

  A proponent’s level of engagement with each potentially impacted Indigenous group may differ depending on the severity of impacts on the Indigenous group and their rights. The level of engagement can fall on a spectrum from low to high and should correspond to the range of opportunities offered to Indigenous groups as part of the impact assessment process. Determination of the proponent’s level of engagement and the corresponding opportunities offered to each potentially impacted Indigenous group as part of the impact assessment process should be determined through discussion with Indigenous groups.

  The level of engagement should also be considerate of the level of uncertainty of the impacts. In some cases, more extensive engagement will be needed between the proponent and an Indigenous group to build confidence in the assessment of the potential severity of impacts, particularly to explain why it has been concluded that there is no anticipated pathway of effect to the Indigenous group and their rights. Once this mutual understanding has been established, the proponent and the Indigenous group can determine the appropriate level of engagement moving forward in the assessment process.

  IAAC will support the proponent in determining the appropriate level of engagement with Indigenous groups by providing rationale for the inclusion of each Indigenous group identified for consultation or engagement in the Indigenous Engagement and Partnership Plan, including IAAC’s understanding of the Indigenous group’s rights, and the nature and scope of potential impacts of the project on the Indigenous group and rights. The rationale will be informed by information received from proponents on their projects and IAAC’s consultation and engagement with Indigenous groups during the Planning Phase.

  The proponent’s initial and ongoing determination of the level of engagement with each potentially impacted Indigenous group should be informed by:

  • The nature and context of an Indigenous group’s rights;
  • The location of traditional territories, reserve lands, and land claims in relation to the extent of potential project effects, including cumulative effects to which the project could contribute;
  • Information provided by Indigenous groups regarding any impacts to Indigenous Peoples and their rights in the region;
  • The severity of impacts on rights resulting from the proposed project; and
  • The degree of interest of the Indigenous group to participate in the impact assessment.

  The following guiding principles can help to inform a proponent’s determination of level of engagement:

  • Proponents should remain flexible in their approach and be prepared to change their level of engagement with a given Indigenous group based on new or updated information regarding the nature or context of the impact to Indigenous Peoples and their rights and the anticipated severity of the impacts;
  • Indigenous groups are best positioned to explain the impacts on their rights and how a project may impact those rights. Proponents’ assessment of level of engagement should be informed and validated through early and ongoing dialogue between the proponent and the potentially impacted Indigenous group;
  • The Indigenous groups for consultation and engagement presented in the Indigenous Engagement and Participation Plan, and the rationale provided for the inclusion of Indigenous groups can serve as a guide for determination of level of engagement by the proponent. Indigenous groups who have a high likelihood of a potential adverse impact will likely require more extensive engagement;
  • In all cases, regardless of the level of engagement, engagement must always be carried out in good faith. Proponents are expected to conduct meaningful and respectful engagement;
  • The table below provides an example of a methodology for determining the level of engagement and corresponding opportunities based on nature, context and severity of the impacts to the Indigenous Peoples and their rights. The opportunities for engagement included in the table may not be available to all proponents. Proponents are encouraged to develop their own approach based on the unique nature of their project and the outcomes of discussions with potentially impacted Indigenous groups. In all cases, the approach to engagement with Indigenous groups developed by proponents must meet the impact assessment requirements outlined in the Information and Management of Time Limits Regulations and in the Tailored Impact Statement Guidelines. IAAC remains available to work with proponents on the design and execution of their Indigenous engagement plan throughout the impact assessment process.

• Will the scope of consultation and engagement change during the impact assessment process?

  The scope of consultation and engagement for a designated project may change as IAAC and Indigenous groups gain knowledge of the effects and potential impacts of a project, or if the project or its components are modified during the impact assessment process. As additional information is gathered during the impact assessment process, including through consultation and engagement with Indigenous groups, the list of Indigenous groups identified for consultation and engagement may be modified by IAAC.

  IAAC aims to create a clear and predictable impact assessment process for Indigenous groups, proponents, and the public. For this purpose, IAAC requires fulsome information from the proponent in the Planning Phase to inform the identification of Indigenous groups for consultation and engagement in the Indigenous Engagement and Partnership Plan, to limit changes to scope of consultation and engagement later in the impact assessment process, and to ensure a timely and efficient impact assessment process for all parties. Meaningful engagement with potentially impacted Indigenous groups prior to, and early in the impact assessment process, by the proponent and by IAAC, ensure a clear understanding of potential effects from the project, proposed mitigation measures, and the impacts on Indigenous groups and their rights.

  IAAC is open to early discussions with the proponent, including multiparty discussions with Indigenous groups, about the impact assessment process and to address any questions or concerns on the preliminary consultation assessment, the Indigenous groups identified for consultation and engagement in the Indigenous Engagement and Participation Plan, or other items, to support engagement.

• What if the potential project is also being assessed under provincial legislation?

  The IAA promotes collaboration with other jurisdictions, projects an approach of 'one project, one assessment,’ with the goals of reduced duplication, increased efficiency, and certainty. IAAC engages with other relevant jurisdictions to exchange information about the proposed project effects and Indigenous Peoples’ rights.

  As IAAC’s obligations and commitments may differ from provincial obligations and commitments under their respective authorities, there may be corresponding differences between the provincial and federal Indigenous engagement requirements. IAAC encourages proponents to work with IAAC staff early to identify any potential differences between provincial and federal engagement requirements. Proponents are encouraged to work with all Indigenous groups involved in federal and provincial processes, as well as with federal and provincial assessment authorities, to determine how to best meet all requirements in a respectful, consistent, and effective manner.

• Where can I go for further information?

  Proponents are encouraged to contact IAAC as early as is reasonable to discuss potential projects that may be subject to the IAA.

  On June 20, 2024, the Budget Implementation Act, 2024, received Royal Assent and brought into force amendments to the Impact Assessment Act (IAA). The updated IAA is available on the Government of Canada’s Justice and Laws website.

  The IAAC website home page provides links to information on the IAA and its Regulations, guidance on the impact assessment process, and more.

  To support proponents in the impact assessment process, there is information that can be found regarding their roles and responsibilities in Section 5.3 of IAAC’s guidance on Indigenous Participation in Impact Assessment. Schedules 1 and 2 of the Information and Management of Time Limits Regulations outline the information requirements in the Initial and Detailed Project Descriptions, including the required information related to potential impacts on Indigenous Peoples and any engagement undertaken.

  The Indigenous Advisory Committee provides IAAC with expert advice for the development of key policy and guidance on the impact assessment system. The Indigenous Advisory Committee has provided IAAC with operational guidelines for project proponents regarding engagement with Indigenous Peoples, which are available here: Assessment of Potential Impacts on Rights: Operational Guidelines for Project Proponents

  IAAC continues to develop additional tools and guidance to support proponents and other participants in impact assessment processes and welcomes feedback regarding areas upon which to focus.

Determining level of engagement

Review of this guidance

In response to 'Building Canada's Clean Future: A plan to modernize federal assessment and permitting processes to get clean growth projects built faster' from the Ministerial Working Group on Regulatory Efficiency for Clean Growth Projects. The plan can be found here: Building Canada's Clean Future.

Indigenous groups

For the purposes of this guidance, the term "Indigenous group" is used to refer to a collective of Indigenous People who hold Aboriginal and/or treaty rights as recognized and affirmed in section 35 of the Constitution Act, 1982.

Indigenous Peoples

For the purposes of this document, "Indigenous Peoples" is a collective term that refers to First Nations Peoples, Inuit, and Métis Peoples in Canada. These are the three groups of Indigenous Peoples recognized by the Canadian Constitution.

Consultation

The terms consultation and engagement are often used in conjunction with one another. For the purposes of this document, the term "consultation" refers to activities between IAAC and Indigenous groups, specifically those who IAAC has a duty to consult on a specific project in the impact assessment process. IAAC has a duty to consult and, where appropriate, accommodate Indigenous groups who's asserted or established Indigenous rights may be adversely impacted by a proposed project. IAAC does not use the term "consultation" to describe proponent activities.

Engagement

The terms consultation and engagement are often used in conjunction with one another. For the purposes of the document, the term "engagement" is used to describe activities between the proponent and Indigenous groups. IAAC also uses the term "engagement" to describe activities between IAAC and Indigenous groups, specifically those Indigenous groups that are unlikely to be adversely impacted from a project or those that have requested notification of impact assessment process updates on a project.

Advancing efforts to secure free, prior and informed consent throughout the impact assessment process

See IAAC's information on Implementing the United Nations Declaration on the Rights of Indigenous Peoples for more information.

Build and maintain relationships with Indigenous Peoples and maximize Indigenous leadership in impact assessments

See IAAC's Reconciliation Framework for more information.

Aboriginal and Treaty Rights Information System

The Aboriginal and Treaty Rights Information System is a web-based information system intended to map out the location of Aboriginal communities and conveniently display information pertaining to their potential or established Aboriginal or treaty rights.

Level of engagement

The approach to determining level of engagement in this guidance is, in part, inspired by case law establishing the Crown's duty to consult, specifically the Supreme Court of Canada decision in Haida Nation v British Columbia. Although the duty to consult rests with the Crown and not proponents, IAAC requires that proponents engage with Indigenous groups to inform the impact assessment process and support IAAC's assessment of the project and it's impacts on Indigenous peoples and their rights.

Indigenous rights

For the purposes of this document, "Indigenous rights" refers to asserted or established Aboriginal and Treaty rights as recognized and affirmed under Section 35 of the Constitution.