The Government of Alberta s Guidelines on Consultation with Metis Settlements on Land and Natural Resource Management 2016

Transcription

1 The Gvernment f Alberta s Guidelines n Cnsultatin with Metis Settlements n Land and Natural Resurce Management 2016

2 Cntents 1. INTRODUCTION... 1 A. PURPOSE OF THE GUIDELINES... 1 B. CROWN S CONSULTATION AND ACCOMMODATION ROLES AND RESPONSIBILITIES IN THE CONSULTATION PROCESS... 2 A. THE GOVERNMENT OF ALBERTA... 2 i. Abriginal Cnsultatin Office, Indigenus Relatins... 3 ii. Alberta Envirnment and Parks... 3 iii. Alberta Culture and Turism, Histric Resurce Management Branch... 4 iv. Alberta Municipal Affairs... 5 v. Alberta Agriculture and Frestry (AAF)... 5 vi. Alberta Transprtatin... 6 vii. Alberta Infrastructure... 6 vii. Prpnents... 6 B. METIS SETTLEMENTS... 6 C. ALBERTA ENERGY REGULATOR PROCESS FOR CONSULTATION... 7 A. CONSULTATION TRIGGERS... 8 B. STAGES OF THE CONSULTATION PROCESS... 8 C. CONSULTATION PROCESS FLOWCHART... 9 D. PROCESSING TIMELINES E. CONSULTATION PROCESS TIMELINES F. STAGES OF CONSULTATION i. Pre-cnsultatin Assessment ii. Infrmatin Sharing a. Infrmatin review b. Determining the level f cnsultatin c. Infrmatin package t Metis Settlements d. Fllw-up with Metis Settlement e. Cnsultatin mnitring iii. Explring Cncerns iv. Verifying the Cnsultatin Recrd v. Determining Cnsultatin Adequacy G. REVIEW H. CONTACT INFORMATION APPENDIX A: SECTOR-SPECIFIC CONSULTATION MATRICES... 1 APPENDIX B: SECTOR-SPECIFIC ACTIVITIES THAT MAY NOT REQUIRE CONSULTATION... 1 APPENDIX C: NON SECTOR-SPECIFIC ACTIVITIES THAT DO NOT REQUIRE CONSULTATION... 1 APPENDIX D: GLOSSARY... 1

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4 1. Intrductin The Gvernment f Alberta s Plicy n Cnsultatin with Metis Settlements n Land and Natural Resurce Management, 2015 (Plicy) was released n March 31 st T fully implement the Plicy, the Gvernment f Alberta (GA) has develped these Guidelines alng with sectr-specific cnsultatin matrices (Appendix A). The Guidelines are intended t be respnsive t peratinal needs and infrmed by best practices. Fr this reasn, the GA will review the Guidelines n an as-needed basis and will engage with Metis Settlements, industry, and gvernment ministries when ding s. Fr the purpses f these Guidelines, the term Crwn is used interchangeably with GA and Alberta. These Guidelines will cme int effect n the date f their fficial release. A. Purpse f the Guidelines The Guidelines are intended t clarify the expectatins f all parties engaged in the cnsultatin prcess. They prvide an verview f the prcedures t fllw in the cnsultatin prcess and demnstrate hw the GA is seeking t fulfil its cnsultatin respnsibilities under the Plicy. Because cnsultatin is factspecific, these Guidelines encurage a prcess that remains flexible enugh t allw the GA t assess cnsultatin requirements n a case-by-case basis. Therefre, these Guidelines nly represent a starting pint. Each step within the Guidelines must be undertaken in gd faith twards: 1) gaining a better understanding f Metis Settlement members cncerns regarding ptential adverse impacts f a prject n their harvesting r traditinal use activities; within the meaning f the Plicy. 2) substantially addressing the cncerns thrugh a meaningful prcess, and; 3) develping psitive wrking relatinships. The Guidelines apply t all strategic and prject-specific decisins that have the ptential t adversely impact Metis Settlement members harvesting r traditinal use activities. Fr mre infrmatin n the types f Crwn decisins that the Abriginal Cnsultatin Office (ACO) assesses fr ptential cnsultatin, please refer t pg. 3 f the Plicy. B. Crwn s Cnsultatin and Accmmdatin Cnsultatin is a prcess intended t help parties understand and cnsider the ptential adverse impacts f anticipated Crwn decisins n the cntinued exercise f Metis Settlement members harvesting r traditinal use activities with a view t substantially address them. Thrugh cnsultatin the GA seeks t recncile Metis Settlement members harvesting and traditinal use activities with the interests f all Albertans. During cnsultatin, the Gvernment f Alberta may find the need t accmmdate Metis Settlements. The primary gal f accmmdatin will be t avid, minimize r mitigate adverse impacts f a Crwn decisin n Metis Settlement members harvesting r traditinal use activities. March 4, 2016 Page 1

5 2. Rles and Respnsibilities in the Cnsultatin Prcess The Gvernment f Alberta (GA), prject prpnents, Metis Settlements, and the Alberta Energy Regulatr (AER) all have rles and respnsibilities within the GA s cnsultatin prcess. These rles and respnsibilities are utlined in this sectin. Whether GA cnsults directly r delegates prcedural aspects t prpnents, the expectatin is that all parties will participate in the prcess in gd faith. A. The Gvernment f Alberta The GA is respnsible fr verseeing and managing all substantive aspects f cnsultatin, including determining if cnsultatin is triggered; assessing which Metis Settlements t cnsult and at what depth; ensuring that Metis Settlements are prvided with sufficient infrmatin abut the prpsed decisin r activity; cnsidering infrmatin n Metis Settlement cncerns specific t the prject r initiative; and assessing what, if any, accmmdatin is required. Althugh the GA may delegate sme prcedural aspects f cnsultatin t prpnents, the Crwn retains the sle respnsibility fr verseeing the verall cnsultatin prcess and ensuring that the prpnent s cnsultatin activities cmply with the Plicy and Guidelines. The prcess fr managing delegated prcedural aspects f cnsultatin is described in sectin 3 Prcess fr Cnsultatin. GA assessment f cnsultatin adequacy will generally ccur within statutry and regulatry timelines. Depending n the ptential adverse impact n Metis Settlement members harvesting r traditinal use activities, the scpe f the Metis Settlements cncerns that are raised, and the specifics f the prpsed prject r initiative, cnsultatin timelines may vary. Crwn-led cnsultatin may be carried ut by the GA n decisins regarding land and natural resurce management that have the ptential t adversely impact Metis Settlement members harvesting r traditinal use activities. These decisins culd include, but are nt limited t, the fllwing: Regulatry change; Infrastructure and facility develpment; Plicy develpment; and Planning initiatives. Ministries with statutry and regulatry respnsibilities related t Crwn land and natural resurce management in Alberta are respnsible fr ensuring that Metis Settlements are cnsulted if there is ptential fr adverse impact n Metis Settlement members harvesting r traditinal use activities. Depending n the case, any r all f the fllwing may apply: ministries may wrk with the Abriginal Cnsultatin Office t ensure that cnsultatin bjectives are met in a manner that is cnsistent with the standards and requirements in the Plicy and these Guidelines; they may carry ut the prcedural March 4, 2016 Page 2

6 and/r substantive aspects f cnsultatin activity, including pre-cnsultatin and adequacy assessments; they may act as a prject prpnent; r they may delegate the prcedural aspects f cnsultatin. i. Abriginal Cnsultatin Office, Indigenus Relatins The ACO, administered by the Ministry f Indigenus Relatins, prvides cnsultatin management services t meet the needs f GA ministries, prject prpnents, Metis Settlements, and the AER in a way that is efficient, crdinated, and cnsistent. The ACO will direct, mnitr, and supprt the cnsultatin activities f GA departments as well as prpnents and Metis Settlements, as required. In additin, the ACO supprts cnsistent applicatin f plicy, prcess, and best practices. ACO supprt includes the fllwing: Prviding pre-cnsultatin assessment advice r directin; Prviding advice r directin during the cnsultatin prcess; Prviding advice r directin t Metis Settlements and prpnents if disputes arise during the cnsultatin prcess; Prviding staff t participate in cnsultatin meetings with prpnents and Metis Settlements, as required; Evaluating cnsultatin recrds; and Prviding an assessment f cnsultatin adequacy. Fr activities requiring GA decisins, the ACO may prvide supprt as described abve if requested by GA ministries. The rle and respnsibilities f the decisin maker and ACO may be utlined under the terms f a crss-ministry agreement. Fr activities requiring AER apprval, the ACO will manage the cnsultatin prcess fr the Crwn and prvide supprt as described abve. The ACO will decide whether r nt cnsultatin was adequate and prvide that decisin t the AER. ii. Alberta Envirnment and Parks Alberta Envirnment and Parks (AEP), Parks Divisin, is respnsible fr regulatry and land management activities f Alberta s Parks system, including Wilderness Areas, Eclgical Reserves, Natural Areas, Heritage Rangelands, Wild land Prvincial Parks, Prvincial Parks, and Prvincial Recreatin Areas and Willmre Wilderness Park. Alberta Envirnment and Parks (AEP), as stewards f air, land, water, and bidiversity, will lead the achievement f desired envirnmental utcmes and sustainable develpment f natural resurces fr Albertans. AEP takes a cumulative effects management apprach that establishes utcmes fr an area by balancing envirnmental, ecnmic, and scial cnsideratins by implementing apprpriate plans and tls t ensure thse utcmes are met. Examples f initiatives ptentially requiring Crwn-led cnsultatin led by AEP include: AEP prvincial/reginal plicy develpment and implementatin; March 4, 2016 Page 3

7 AEP management framewrks, sub-reginal plans, and ther planning initiatives (e.g., caribu range planning and similar species-at-risk plans); and Implementatin f reginal plans. Examples f decisins ptentially requiring prpnent-led cnsultatin pursuant t the Plicy include thse under the fllwing legislatin: Envirnmental Prtectin and Enhancement Act; Public Lands Act; and Water Act. Cnsultatin may be engaged when the Parks Divisin is cnsidering a decisin that has the ptential t adversely impact the cntinued exercise f harvesting r traditinal use activities by members f a Metis Settlement. In specific circumstances, the fllwing statutry and regulatry decisins made by AEP under Parks-related legislatin may require cnsultatin: Regulatry and plicy changes related t resurce prtectin, resurce management, land use, r activities in the Alberta Parks system; Establishment f new parks r expansin f existing areas; Develpment f new facilities within parks; Re-designatin f a park t a different classificatin; Develpment r revisin f park management plans; Issuance f dispsitins within the Alberta Parks system; and Issuance f research r cllectin permits within the Alberta Parks system. iii. Alberta Culture and Turism, Histric Resurce Management Branch Alberta Culture and Turism s Histric Resurces Management Branch (HRMB) is mandated t prtect and preserve Alberta s histric resurces under the legislative authrity f the Histrical Resurces Act (HRA), which applies t all lands within prvincial jurisdictin, bth publicly and privately wned. The HRA prtects histric resurces such as designated histric places, archaelgical and palentlgical sites, and histric buildings, while regulating develpment t preserve these significant histrical resurces. Traditinal use sites that are cnsidered histric resurces include, but are nt limited t, burial grunds, ceremnial sites, gathering sites, and histric sites r ceremnial lcatins. As part f the HRA regulatry prcess, when a knwn traditinal use site f an histric resurces nature has the ptential t be adversely affected by a develpment prject, either cnsultatin with the respective Metis Settlements r avidance f the site may be required. Metis Settlement traditinal use sites f an histric resurce nature that are knwn t Alberta Culture appear n the Listing f Histric Resurces (Listing) as a generalized legal land descriptin. The Listing infrms develpers f ptential impacts their prpsed prject may have n a traditinal use site f an histric resurce nature, withut revealing the specific lcatin and infrmatin f the traditinal use site. Additinally, sectin 31 f the HRA states that a persn wh discvers an histric resurce in the curse f making an excavatin fr a purpse ther than fr seeking histric resurces shall ntify the minister f the discvery. This sectin applies t newly discvered traditinal use sites f an histric resurce March 4, 2016 Page 4

8 nature that are encuntered during the develpment activities. If such histric resurces are encuntered and may be impacted by the prpsed develpment, the prpnent is required t ntify Alberta Culture immediately. iv. Alberta Municipal Affairs Alberta Municipal Affairs is respnsible under the Special Areas Act fr administering apprximately 2.6 millin acres f public land within sutheast Alberta, which is administered by the Special Areas Bard. The Special Areas Bard is directly respnsible t the Minister f Municipal Affairs. Municipal Affairs is als respnsible, thrugh part 15 f the Municipal Gvernment Act, fr all functins f lcal gvernment in imprvement districts (IDs). Cnsultatin may be required when Municipal Affairs makes decisins assciated with lands under its cntrl that have the ptential t adversely impact the cntinued exercise f harvesting r traditinal use activities. Municipal Affairs, under the purview f the Municipal Gvernment Act, als prvides supprt and advice t assist municipalities in prviding Albertans with strng and effective lcal gvernment. While Metis Settlements cnsultatin is the respnsibility f the GA, municipalities culd be delegated sme prcedural aspects f Metis Settlements cnsultatin as a prject prpnent when applying t the GA fr regulatry decisins. v. Alberta Agriculture and Frestry (AAF) Alberta Agriculture and Frestry (AAF) is respnsible fr ensuring the frestry and agriculture sectrs f Alberta adhere t plicy regarding uses f the land and assciated natural resurces. The ministry has respnsibility t regulate bth frest and wildfire management activities primarily n Alberta s frested public lands. Cnsultatin may be required when AAF is cnsidering a decisin n land that has the ptential t impact the exercise f harvesting r traditinal use activities. Agricultural activities dminate the privately-wned settled area f the prvince. Activities n Crwn land that are related t agricultural prductin such as the grazing r livestck r rural develpment initiatives (e.g. safe and rderly develpment f natural gas distributin systems) may require cnsultatin. In these cases, cnsultatin is in accrdance with the Public Lands Act and is currently administered thrugh Alberta Envirnment and Parks. Examples f initiatives ptentially requiring Crwn-led cnsultatin led by the Ministry include: AAF prvincial/reginal plicy develpment and implementatin; AAF planning initiatives (e.g., wildfire management plan (fire smart planning, wildfire management planning), Nn- Frest Management Agreement Frest Management Unit planning); Implementatin f reginal plans; and Establishment f dispsitins related t mnitring and research sites. March 4, 2016 Page 5

9 Examples f decisins ptentially requiring prpnent-led cnsultatin pursuant t the Plicy include thse under the fllwing legislatin: Frests Act; and Frest and Prairie Prtectin Act. vi. Alberta Transprtatin Alberta Transprtatin is respnsible fr the lng-term planning f the highway netwrk and versees the netwrk's design, cnstructin, and maintenance activities. When cnsultatin is required pursuant t the Plicy, Alberta Transprtatin may lead the cnsultatin prcess as the prpnent. vii. Alberta Infrastructure Alberta Infrastructure is respnsible fr infrastructure planning and fr building and managing gvernment-wned infrastructure. Cnsultatin may be required by the Plicy in sme cases, and Alberta Infrastructure may be a prpnent fr such prjects. vii. Prpnents When cnsidering prpsals regarding land and natural resurce management, Alberta may delegate prcedural aspects f cnsultatin t anther party, such as the prject prpnent. Prpnents may include industry, municipal gvernments, r any ther rganizatin r individual requiring a prvincial apprval. Prcedural aspects f cnsultatin t be delegated, and carried ut n behalf f the Crwn, may include ntifying and engaging with Metis Settlements t discuss prject-specific issues and pssible mitigatin. Fulfillment f these delegated prcedural aspects shuld cmply with the Plicy and be carried ut as directed within these Guidelines. Sectin 3 f these Guidelines prvides mre specific infrmatin regarding prcedural aspects f cnsultatin. Appendix A prvides sectr-specific cnsultatin matrices t assist prpnents in understanding the ptential adverse impacts f activities and hw they influence cnsultatin requirements under the Plicy. Prpnents are encuraged t ntify and cnsult with Metis Settlements as early as pssible in the preapplicatin stage. Prpnents must dcument their cnsultatin activities, share their cnsultatin recrd with Metis Settlements and prvincial staff, and advise the GA f any issues that arise. Depending n the respnses received frm Metis Settlements and the specific activities invlved, a prpnent may be required t repeat certain steps under these Guidelines r t take additinal steps t ensure meaningful cnsultatin has taken place. The GA recgnizes that many Metis Settlements and prpnents have lng-standing and established relatinships. The GA encurages strng relatinships and clear cmmunicatin between prpnents and Metis Settlements. B. Metis Settlements Where a prpnent r the Crwn is required t prvide written ntificatin t Metis Settlements f a prpsed land and resurce management decisin r activity, Metis Settlements will have the March 4, 2016 Page 6

10 pprtunity t state whether their members harvesting r traditinal use activities may be adversely impacted. When respnding t written ntificatin, the Metis Settlements shuld respnd in writing, name the specific prject and any applicable GA cnsultatin file number, identify the lcatin f the ptential adverse impacts, and clearly identify the ptential adverse impacts n their members harvesting r traditinal use activities that require further cnsultatin. During the cnsultatin prcess, Metis Settlements are expected t wrk with the GA and prject prpnents n aviding, minimizing, r mitigating impacts. Metis Settlements shuld engage in cnsultatin as utlined in sectin 3 f the Guidelines. C. Alberta Energy Regulatr Pursuant t the Respnsible Energy Develpment Act (REDA), the AER has jurisdictin fr upstream il, gas, il sands, and cal activities. The AER has regulatry respnsibility fr the entire life cycle f upstream energy resurce develpment in the prvince. T accmplish this, the AER delivers and is accuntable fr regulatry functins previusly prvided by the AER s predecessr, the Energy Resurces Cnservatin Bard, and by AEP under the specified enactments (Public Lands Act, Mines and Minerals (Part 8) Act, Water Act, and the Envirnmental Prtectin and Enhancement Act) in respect f energy resurce develpment. The Crwn has sle respnsibility t assess the adequacy f all cnsultatin dne pursuant t the Plicy and these Guidelines. The ACO wrks clsely with the AER t ensure that cnsultatin required fr applicatins made t the AER under the specified enactments ccurs prir t the AER s regulatry decisin. The ACO, when apprpriate, will prvide the AER with advice relating t the mitigatin f ptential impacts t harvesting r traditinal use activities. Statements f cncern received by the AER frm Metis Settlements will be prvided t the ACO. Directin n ACO and AER interactin will be described in a new Ministerial Order. In additin, the ACO and AER will create r update existing jint perating prcedures that set ut the prcedures t administer and crdinate the peratins f the ACO and the AER n matters relating t Metis Settlements cnsultatin. These prcedures will be reviewed and amended as required. 3. Prcess fr Cnsultatin The ACO r the applicable GA ministry may delegate prcedural aspects f cnsultatin, including: Cntacting Metis Settlements by mail, telephne, r ther means; Presenting and describing prject plans and descriptins; and March 4, 2016 Page 7

11 Mdifying prject plans in respnse t cncerns raised during cnsultatin. The ACO r applicable GA ministry must directly carry ut substantive aspects f cnsultatin, including: Assessing if cnsultatin is required; Assessing which Metis Settlements shuld be cnsulted; Assessing the level and scpe f cnsultatin; Prviding prpnents with advice and apprpriate infrmatin regarding ptential adverse impacts t harvesting r traditinal use activities; Advising Metis Settlements and prpnents f cnsultatin requirements; Reviewing and apprving cnsultatin plans as apprpriate; Directing prpnents t prvide Metis Settlements with early and adequate ntificatin; Mnitring prpnent activities; Evaluating cnsultatin recrds; Prviding adequacy decisins fr AER apprvals and prviding adequacy assessments with recmmendatins fr all thers; and Ntifying Metis Settlements and prpnents abut ACO adequacy decisins fr AER apprvals. A. Cnsultatin Triggers Cnsultatin with Metis Settlements is triggered when the GA is cntemplating a decisin and has knwledge f the ptential fr that decisin t have an adverse impact n their members harvesting r traditinal use activities. While this list is nt exhaustive, the fllwing types f decisins may prduce such triggers: Regulatin, plicy, and strategic initiatives r changes t public access; Fish and wildlife management A decisin that may limit r alter the quality and quantity f fish and wildlife; Natural resurce develpment A decisin abut surface land activity related t petrleum, frestry, mines and minerals, and ther frms f natural resurce develpment; and Land use planning that prvides a lng-term framewrk fr Crwn decisins. B. Stages f the Cnsultatin Prcess The fllwing utlines the stages f the cnsultatin prcess. Each step is described in mre detail in subsequent sectins. 1. Pre-cnsultatin assessment; 2. Infrmatin sharing; 3. Determining the level f cnsultatin; 4. Explring cncerns; 5. Verifying the recrd f cnsultatin; and 6. Determining cnsultatin adequacy. March 4, 2016 Page 8

12 C. Cnsultatin Prcess Flwchart The fllwing flwchart prvides a general verview f the cnsultatin prcess. March 4, 2016 Page 9

13 Cnsultatin Prcess Flwchart Cnsultatin Requirements Assessment request submitted Pre-Cnsultatin Assessment ACO cmpletes pre-cnsultatin assessment Cnsultatin required Ntificatin Prpnent sends ntificatin and infrmatin package t Metis Settlement Metis Settlement respnse perid N cnsultatin required Metis Settlement prvides n respnse r cncerns Metis Settlement prvides cncerns Prpnent prceeds with applicatin t apprpriate regulatry decisin-maker, if applicable Prpnent creates recrd f cnsultatin (ROC) Prpnent engages with Metis Settlement and attempts t address cncerns raised by Metis Prpnent sends ROC t Metis Settlement fr review fr errrs and missins Cnsultatin Inadequate ACO prvides directin t prpnent r advises apprpriate regulatry decisin maker that cnsultatin is inadequate. Metis Settlement review f ROC Prpnent submits ROC t ACO Cnsultatin Adequate ACO prvides ntificatin f assessment t prpnent r advises apprpriate regulatry decisin maker that cnsultatin is adequate Cnsultatin Adequacy Assessment ACO cmpletes assessment LEGEND ACO step Prpnent step Metis Settlement GOA prcess Prpnent-delegated prcess managed by ACO March 4, 2016 Page 10

14 D. Prcessing Timelines The ACO strives t prcess all assessments quickly and thrughly. Within thse general limits, and recgnizing that timelines may change depending n hw cnsultatins prceed, the ACO will be expected t act within the timelines belw. Timelines start the GA wrking day fllwing receipt f an assessment request. T the extent applicable, the timelines shuld prvide guidance t ther GA ministries fr their cnsultatin; hwever, in cnsultatin with the ACO, these timelines may be altered, as required, fr example, when the ther GA ministry, as the prpnent, carries ut prcedural aspects f cnsultatin r makes the assessment. Pre-cnsultatin assessment: Level 1 If assessment request dcumentatin is cmplete, the ACO will cmplete pre-cnsultatin assessments within 4 GA wrking days fr streamlined cnsultatin. Level 2 If assessment request dcumentatin is cmplete, the ACO will cmplete pre-cnsultatin assessments within 4 GA wrking days fr standard cnsultatin. Level 3 If assessment request dcumentatin is cmplete, the ACO will cmplete pre-cnsultatin assessments within 10 GA wrking days fr extensive cnsultatin. When a traditinal use site f an histric resurce nature with an HRV 4c designatin n the Listing f Histric Resurces may be impacted by the prpsed develpment, the ACO will prvide Alberta Culture with a cpy f the ACO pre-cnsultatin assessment ntice that is sent t the prpnent. Adequacy assessment will prceed after Metis Settlements have had the pprtunity t review the recrd f cnsultatin (als knwn as cnsultatin recrd ): Level 1 If the cnsultatin summary dcumentatin is cmplete, up t 10 GA wrking days are required fr adequacy assessment fr streamlined cnsultatin. Level 2 If the cnsultatin summary dcumentatin is cmplete, up t 10 GA wrking days are required fr adequacy assessment fr standard cnsultatin. Level 3 If the cnsultatin summary dcumentatin is cmplete, up t 20 GA wrking days are required fr adequacy assessment fr extensive cnsultatin. These timelines may be revised fr apprpriate reasns in certain cases. Fr example: Timelines may be increased r decreased if infrmatin frm Metis Settlements, the Crwn, r prpnents demnstrates that ptential adverse impacts require either mre r less discussin; Timelines may be increased if the prpnent amends the prject and additinal cnsultatin is required; and Timelines may be increased if the prpnent prvided incmplete prject infrmatin r cnsultatin recrds t the ACO. Timelines may vary if a GA ministry has its wn cnsultatin prcess and timelines t fllw. March 4, 2016 Page 11

15 E. Cnsultatin Prcess Timelines The fllwing timelines apply t the cnsultatin prcess. All timelines nted in these Guidelines start the GA wrking day fllwing the date f verified dcument delivery t the destinatin. The ACO recgnizes that specific timelines may need t be extended in certain circumstances, depending, fr example, n the cmplexity f the prject. Other relevant factrs that may extend cnsultatin timelines include circumstances that make a timely respnse difficult fr a Metis Settlement, such as an emergency situatin in the cmmunity. The ACO expects that prpnents will devte adequate time t address Metis Settlements issues and cncerns that arise during cnsultatin. Level 1: Streamlined cnsultatin Ntified Metis Settlements have up t 15 GA wrking days t respnd t prject ntificatin. Where Metis Settlements respnd t ntificatin, cnsultatin shuld be cmplete within 15 GA wrking days f respnse t ntificatin. If the 15-day ntificatin perid has expired and the Metis Settlement has nt respnded t the prject ntificatin within that time, the prpnent, after prviding Metis Settlements with 5 GA wrking days t review the cnsultatin recrd, may ask the ACO t review the cnsultatin recrd. Level 2: Standard cnsultatin Ntified Metis Settlements have up t 15 GA wrking days t respnd t prject ntificatin. If n respnse is received within apprximately 5 GA wrking days, the prpnent will fllw up with the Metis Settlement. If n respnse is received within apprximately 10 GA wrking days f the initial ntificatin, the prpnent will fllw up a secnd time with the Metis Settlement. Where Metis Settlements respnd t ntificatin, cnsultatin shuld be cmpleted within 20 GA wrking days f respnse t ntificatin. If the 15-day ntificatin perid has expired and the Metis Settlement has nt respnded, the prpnent, after giving Metis Settlements 5 GA wrking days t review the cnsultatin recrd, may ask the ACO t review the cnsultatin recrd. Level 3: Extensive cnsultatin Once the prpnent s cnsultatin plan is apprved by the ACO fllwing the precnsultatin assessment: Ntified Metis Settlements have up t 20 GA wrking days t respnd t prject ntificatin. If n respnse is received after apprximately 10 GA wrking days, the prpnent will fllw up with the Metis Settlement. March 4, 2016 Page 12

16 If n respnse is received after apprximately 15 GA wrking days f the initial ntificatin, the prpnent will fllw up a secnd time with the Metis Settlement. Where Metis Settlements respnd t ntificatin, cnsultatin shuld be substantially underway r cmpleted within 60 GA wrking days f respnse t ntificatin. If the 20-day ntificatin perid has expired and there is n respnse t the secnd fllw-up letter, the prpnent, after giving the Metis Settlements 10 days t review the cnsultatin recrd, may ask the ACO t review the cnsultatin recrd. Level 3: Extensive cnsultatin fr prjects with Envirnmental Impact Assessments (EIAs) Once the prpnent s cnsultatin plan is apprved by the ACO fllwing the precnsultatin assessment: Ntified Metis Settlements have up t 20 GA wrking days t respnd t prject ntificatin. If n respnse is received within apprximately 10 GA wrking days, the prpnent will fllw up with the Metis Settlement. If n respnse is received within apprximately 15 GA wrking days, the prpnent will fllw up a secnd time with the Metis Settlement. Where Metis Settlements respnd t the ntificatin, cnsultatin is expected t be cmpleted within the applicable regulatry timelines. If the 20-day ntificatin perid has expired and there is n respnse t the secnd fllw-up letter, the prpnent, after giving Metis Settlements 10 days t review the cnsultatin recrd, may ask the ACO t review the cnsultatin recrd. F. Stages f Cnsultatin i. Pre-cnsultatin Assessment The pre-cnsultatin assessment is intended t assess whether cnsultatin is required. The ACO will: Assess whether r nt cnsultatin is required; If cnsultatin is required, identify which Metis Settlements are t be cnsulted; Assess the ptential adverse impacts f a prpsed decisin r activity; Assess the scpe f the cnsultatin based n available infrmatin abut the ptential adverse impacts t harvesting r traditinal use activities; and Assign a level f cnsultatin in rder t prvide directin r recmmendatins n the depth f the cnsultatin. The scpe f cnsultatin is related t: March 4, 2016 Page 13

17 Sensitivity f the lcatin (based n the level and nature f harvesting r traditinal use activities) 1) The nature f the prject, and; 2) Its ptential adverse impacts n Metis Settlement members harvesting r traditinal use activities, at that lcatin. The pre-cnsultatin assessment identifies three ptential levels f cnsultatin, which crrespnd with the scpe f the ptential adverse impacts. The level f cnsultatin identifies hw deep the cnsultatin shuld be and what prcess steps are required. Level 1: Streamlined Ntificatin with pprtunity fr Metis Settlement t respnd Level 2: Standard Ntificatin with pprtunity fr Metis Settlement t respnd and required fllw-up by prpnent Level 3: Extensive Preparatin f a cnsultatin plan, ntificatin with pprtunity fr Metis Settlement t respnd, and required fllw-up by prpnent. Figure 1 belw illustrates a framewrk fr determining the level f cnsultatin. Factrs that may determine the sensitivity f a lcatin include histry f use and level f cntemprary use, the presence f ceremnial sites, r ther values t indicate the imprtance f the site fr harvesting r traditinal use activities. Figure 1: Framewrk fr assessing scpe f adverse impacts and determining depth f cnsultatin High Level 2 standard Level 3 extensive Level 3 extensive Mderate Level 2 standard Level 2 standard Level 3 extensive Lw Level 1 streamlined Level 1 streamlined Level 2 standard Nature f the prject Lw impact Mderate impact High impact Sectr-specific matrices describing typical prject activities are lcated in Appendix A. The matrices prvide an initial assessment f the impacts f the activity n harvesting r traditinal use activities based n the nature f the prject and identify the depth f cnsultatin required. ii. Infrmatin Sharing a. Infrmatin review After receiving a request fr a pre-cnsultatin assessment frm a prpnent, r fr cnsultatin advice frm anther ministry, the ACO will cnsider: Infrmatin abut the prpsed prject and the relevant decisins and activities; Available infrmatin regarding the harvesting r traditinal use activities, including: Infrmatin frm Alberta Culture and Turism and March 4, 2016 Page 14

18 Existing agreements r prtcls between Metis Settlements and the GA; Whether the prpsed activity can be regarded as having been adequately cvered by a previus cnsultatin and has had either minr r n subsequent changes and therefre is nt subject t further cnsultatin n ptential adverse impacts n harvesting r traditinal use activities; and Maps depicting the gegraphic areas where the GA cnsults a Metis Settlement. In the pre-cnsultatin assessment ntice the ACO will strive t advise prpnents f Alberta Culture requirements if applicable, and will cpy Alberta Culture and Turism n the same. Cnsultatin verseen by the ACO and cnsultatin verseen by Alberta Culture and Turism will prceed cncurrently. b. Determining the level f cnsultatin The ACO will prvide prpnents with directin r recmmendatins t ther GA ministries n which Metis Settlements must be cnsulted and n the level f cnsultatin required. The ACO may use infrmatin frm past cnsultatin and ther infrmatin abut Metis Settlements t assess the depth f cnsultatin required. The level f the cnsultatin required and assciated timelines may be revised during the cnsultatin prcess if infrmatin frm Metis Settlements, prpnents, r the Crwn demnstrate that ptential adverse impacts require either mre r less discussin. c. Infrmatin package t Metis Settlements The prpnent will prvide a cmprehensive infrmatin package t the identified Metis Settlements as early as pssible, including: Ntice that the prpnent has been advised t cnsult with the Metis Settlement and share infrmatin abut the prpsed activity; The level f cnsultatin; A descriptin f the cnsultatin prcess, where applicable; A GA cnsultatin file number, if applicable; A plain language infrmatin package describing the prpsed activity, lcatin, and ptential impacts; Any infrmatin prvided by the GA abut ptential Metis Settlements cncerns in the area; A descriptin f the GA r regulatry authrizatin being sught; and A request that the Metis Settlement send feedback t the prpnent within the prescribed time perid abut hw the prject may impact their members harvesting r traditinal use activities. d. Fllw-up with Metis Settlement A Metis Settlement respnse t a ntificatin package shuld include a written submissin t the prpnent, quting a GA cnsultatin file number, if applicable. The submissin frm Metis Settlements shuld: Describe specific harvesting r traditinal use activities that may be adversely impacted by the prject at that lcatin, and; March 4, 2016 Page 15

19 Identify if and why the adverse impacts described may require a deeper level f cnsultatin. In respnse t any feedback received, the ACO will expect the prpnent t fllw up with the Metis Settlement. Fr level 2 r level 3 cnsultatins, if a respnse has nt been received frm the Metis Settlement, the prpnent must fllw up and again request feedback abut hw the prject may impact their members harvesting r traditinal use activities. e. Cnsultatin mnitring The ACO may make staff available, upn request, t participate in cnsultatin meetings with prpnents and Metis Settlements fr any level 3 cnsultatin, r in situatins where delegating prcedural aspects f cnsultatin is nt apprpriate. The ACO will mnitr activity n cnsultatin files. The respnsible ACO staff will als be available t assist with any issues that arise during the cnsultatin prcess. Requests fr assistance will be accepted frm Metis Settlements r frm prpnents and the bjective f the ACO s participatin is t assist all parties in effectively prceeding with the cnsultatin prcess with the intentin f addressing cncerns regarding harvesting r traditinal use activities. At any time during the cnsultatin prcess the ACO may redirect prpnents t repeat steps that have nt been cmpleted adequately. iii. Explring Cncerns Prpnents are encuraged t cnsider ptins t avid, minimize, r mitigate adverse impacts respecting harvesting r traditinal use activities brught frward during cnsultatin with the Metis Settlement. Explratin f these cncerns shuld be dcumented thrughly in the cnsultatin recrd. The adequacy assessment prcess will take int accunt the effrts f prpnents t address Metis Settlement cncerns. Effrts t accmmdate cncerns may include: Mdifying prject design; Mdifying prject lcatin r ftprint; Mdifying prject timing; Seeking pprtunities t mitigate adverse impacts t harvesting r traditinal use activities; and Explring ptins t address cncerns regarding access. The ACO may als review the prject specific cncerns raised by Metis Settlements and if further clarificatin is required, thrugh discussin with Metis Settlements and prject prpnents, seek t identify what mitigatin measures may be apprpriate. iv. Verifying the Cnsultatin Recrd The prpnent must send a cpy f the cnsultatin recrd t the apprpriate Metis Settlement fr their review. The Metis Settlement has the pprtunity t review the cnsultatin recrd fr accuracy and cmment back t the prpnent, the ACO, r bth. If the prpnent s cnsultatin recrd appears inaccurate t the Metis Settlement r the ACO, the ACO will wrk with the prpnent and prvide directin t address gaps. If cmpnents f cnsultatin remain utstanding, the ACO will cnsider March 4, 2016 Page 16

20 whether it is apprpriate t cntinue t invlve the prpnent r whether the GA will cmplete the utstanding cmpnents. Metis Settlements review f the cnsultatin recrd: Level 1 Metis Settlements will have 5 GA wrking days t review the cnsultatin recrd fr streamlined cnsultatin. Level 2 Metis Settlements will have 5 GA wrking days t review the cnsultatin recrd fr standard cnsultatin. Level 3 Metis Settlements will have 10 GA wrking days t review the cnsultatin recrd fr extensive cnsultatin. The time perid prvided fr the verificatin f the cnsultatin recrd is fr review and assessment f accuracy, it is nt intended t be an extensin t the cnsultatin timelines. v. Determining Cnsultatin Adequacy The ACO is respnsible fr deciding the adequacy f cnsultatin fr activities requiring AER apprvals. In ther cases, ACO shall prvide a recmmendatin t a Crwn decisin-maker as t whether cnsultatin is adequate. Althugh the ptimal utcme f cnsultatin is that all cnsulting parties recncile interests, agreement f all parties is nt required fr cnsultatin t be adequate. In assessing adequacy, the ACO will review infrmatin gathered during the pre-cnsultatin assessment infrmatin review, the prpnent s cnsultatin recrd and any infrmatin prvided by the Metis Settlement. The ACO will cnsider, at a minimum, if the fllwing factrs have been addressed: Were all identified Metis Settlements prvided prject infrmatin and given an pprtunity t participate in the cnsultatin prcess? Did the prpnent prvide prject-specific infrmatin within a reasnable time befre apprvals were required r befre the prject was scheduled t start? If the Metis Settlement prvided site-specific cncerns abut hw the prpsed prject may adversely impact their members harvesting r traditinal use activities, did the prpnent make reasnable attempts t avid and/r mitigate thse ptential impacts? Did the prpnent indicate hw they intend t mitigate any ptential adverse impacts t the cntinued exercise f Metis Settlement members harvesting r traditinal use activities? The ACO will prvide advice t GA ministries and t the AER as t what mitigatin was identified in the cnsultatin prcess. The ACO will strive t advise the apprpriate ministry if cncerns that are nt prject- and lcatinspecific are presented in the cnsultatin recrd. That ministry may fllw up with Metis Settlements as apprpriate t clarify what prcess may be fllwed t discuss thse cncerns. March 4, 2016 Page 17

21 G. Review The Gvernment f Alberta and Metis Settlements, with input frm industry and ther stakehlders, will review the Plicy and Guidelines t ensure that they reflect develpments in Metis Settlements cnsultatins, and respnd t the future needs f Metis Settlements, as well as industry and ther stakehlders. The purpse f the review will be t assess the perfrmance, standards and best practices f the cnsultatin prcess. Reviews will take place frm time t time as agreed t between Alberta and Metis Settlements. H. Cntact Infrmatin Fr an up-t-date list f cnsultatin cntacts at the ACO, please refer t ur website at March 4, 2016 Page 18

22 Appendix A: Sectr-Specific Cnsultatin Matrices The Sectr-Specific Cnsultatin Matrices (Matrices) are presented as a planning tl fr prpnents and in rder t supprt transparency with Metis Settlements. The Matrices prvide an initial assessment based upn knwledge f the physical impacts f an activity but they are nt a definitive categrizatin f the ptential adverse impact n harvesting r traditinal use activities. The Matrices identify the nature f the activity and the ptential biphysical impact, and prpse the depth f cnsultatin that may be required in the absence f ther factrs. The Crwn usually assesses cnsultatin n a case-by-case basis in rder t determine if cnsultatin is required under the Plicy and, if s, at what level. The level f cnsultatin identified at the precnsultatin stage may change as cnsultatin prgresses and new infrmatin is prvided. Ptential adverse impacts t harvesting r traditinal use sites may als alter the cnsideratin and ratinale fr cnsultatin requirements. Abriginal traditinal use sites, such as burial sites, ceremnial sites, histric structures, etc., may be cnsidered histric resurces under the Histrical Resurces Act (HRA). Alberta Culture identifies Abriginal traditinal use sites as an HRV 4c in the Listing f Histric Resurces (the Listing). The Listing is a primary tl fr regulating land-based develpment and is used exclusively t direct a prpnent t apply t Alberta Culture fr apprval f a develpment under these circumstances. Metis Settlement cnsultatin may be required by Alberta Culture fr HRV 4c sites that may be impacted by a prpsed develpment. The presence f HRV 4c lands within a prpsed prject ftprint may change the level f cnsultatin required. It is imprtant t nte that the Listing is nly ne tl that Alberta Culture uses t determine if an applicatin fr HRA apprval is required fr all ther types f histric resurces (i.e., archaelgical, palentlgical, and histric). March 4, 2016 Page A1

23 In all cases the GA retains discretin t mdify the level f cnsultatin. There may be mdificatins t the level f cnsultatin required, based n characteristics f the prject, including lcatin, scale, duratin, and intensity. Fr examples, if a prject is sited prximate t a knwn Metis Settlement harvesting r traditinal use site, cnsultatin may be assessed at a higher level, r if the expected duratin is significantly shrter than average, then cnsultatin may ccur at a lwer level. Sectr-Specific Cnsultatin Matrices Sectr 1 Frestry and fire management Transmissin line and utility crridr Gephysical Lw Impact STREAMLINED CONSULTATION These activities are typically shrt duratin (less than 2 years), small in size (less than 5 ha), and have lw r limited envirnmental impacts. FireSmart plans (vegetatin management cmpnent nly) Herbicide plans where there was n previus cnsultatin) Temprary rads that are new rutes with n previus cnsultatin Pwer lines easements, rural electrificatin assciatin easements (EZEs, REAs) and vegetative cntrl easements (VCEs) that verlap existing surface dispsitins, with > 5 m f new cut Pwer line EZE, REA, and VCE easements that d nt verlap existing surface dispsitins and are < 1 km lng Intermediate intensive 3D seismic (> 130 m 300 m surce line spacing) Mderate Impact STANDARD CONSULTATION These activities are typically mderate in duratin (mre than 2 years), mderate in size (greater than 5 ha), and have mderate envirnmental impacts. Frest management agreement (FMA) renewal New quta New FMA Frest management plan (FMP) amendment (e.g., muntain pine beetle amendment) General develpment plan (GDP), Cmmunity Timber Permit Prgram (CTPP), FMA, and quta-hlders Prescribed burn 2 (Types 1 and 2) All weather rads (mainlines) Pwer line EZE, REA, and VCE easements that d nt verlap existing surface dispsitins and are > 1 km lng Intense 3D seismic ( 130 m surce line spacing); 4D seismic High Impact EXTENSIVE CONSULTATION These activities are typically lng in duratin (mre than 10 years), large in size and scale r cmplexity, have extensive envirnmental impacts, and include apprvals frm multiple regulatry authrities. Frest management plans Large-scale reginal transmissin line prjects n/a 1 These matrices are intended t apply t 1) land administered by AEP under the Public Lands Act and 2) all AER decisins under the specified enactments relevant t such activities. They are nt intended t apply t land administered by ther ministries where there is n AER decisin. 2 Fr the purpses f these matrices the fllwing definitins apply: Type 1 prescribed burn is the mst cmplex and has the greatest ptential fr impact. It invlves standing timber, and it requires a detailed plan and prpsal. Type 2 prescribed burn is cmplex and has sme ptential fr impact. It generally invlves standing timber, and it requires a detailed plan and prpsal. March 4, 2016 Page A2

24 In all cases the GA retains discretin t mdify the level f cnsultatin. There may be mdificatins t the level f cnsultatin required, based n characteristics f the prject, including lcatin, scale, duratin, and intensity. Fr examples, if a prject is sited prximate t a knwn Metis Settlement harvesting r traditinal use site, cnsultatin may be assessed at a higher level, r if the expected duratin is significantly shrter than average, then cnsultatin may ccur at a lwer level. Sectr 1 Cal, minerals, and quarries Pipelines Sand and gravel Petrleum, natural gas, and il sands Lw Impact STREAMLINED CONSULTATION These activities are typically shrt duratin (less than 2 years), small in size (less than 5 ha), and have lw r limited envirnmental impacts. Cal explratin prgrams (CEPs) Other mines and minerals explratin (MME) Small pwer lines and pipelines (< 1 km lng) r pipelines bundled with single well site with assciated facilities, access, pipelines (< 5 ha ttal size) Sand and gravel sites and/r prjects with assciated infrastructure 3 (< 5 ha ttal size) subject t the requirements fr temprary field authrizatins (TFAs), dispsitinal peratinal apprvals (DOA) and surface material licences (SMCs) and require a Water Act authrizatin Single well site 4 with assciated facilities, access, pipelines ( 5 ha ttal size) Mderate Impact STANDARD CONSULTATION These activities are typically mderate in duratin (mre than 2 years), mderate in size (greater than 5 ha), and have mderate envirnmental impacts. Access rads All-weather rads and railways, (haul rads, access rads) and ther assciated dispsitins New undergrund mining activity n existing sites Gathering pipelines (> 1 km lng) r pipelines bundled with larger sites r prjects (e.g., multiple well sites) with assciated facilities, access, etc. (> 5 ha ttal size) Sand and gravel sites and/r prjects with assciated infrastructure (> 5 ha ttal size) subject t the requirements fr surface materials leases (SMLs) and are subject t an Envirnmental Prtectin and Enhancement Act (EPEA) and a Water Act authrizatin fr reclamatin Medium-sized sites r prjects (e.g., multiple well sites 4 ) with assciated facilities and access (> 5 ha ttal size) Oilsands explratin (OSE) prgrams All weather rads licences f ccupatin (LOCs) High Impact EXTENSIVE CONSULTATION These activities are typically lng in duratin (mre than 10 years), large in size and scale r cmplexity, have extensive envirnmental impacts, and include apprvals frm multiple regulatry authrities. New mine apprvals Mine extensins Large-scale pipeline prjects Large-scale explratin prgrams Large multiple well site 4 In-situ prjects with assciated facilities and access (e.g., steam-assisted gravity drainage (SAGD) Seasnal drilling prgrams large-scale r cmplex Oilsands mines pit develpment 3 Fr the purpses f these matrices, infrastructure is defined as any wrks, buildings, structures, facilities, equipment, apparatus, mechanism, instrument, r machinery belnging t r used in cnnectin with a pit, and includes any strage site r facility, dispsal site, r facility. 4 A single well site can include mre than ne bre hle. Multiple well sites refer t multiple well pads and can include multiple bres drilled n a single pad. March 4, 2016 Page A3

25 In all cases the GA retains discretin t mdify the level f cnsultatin. There may be mdificatins t the level f cnsultatin required, based n characteristics f the prject, including lcatin, scale, duratin, and intensity. Fr examples, if a prject is sited prximate t a knwn Metis Settlement harvesting r traditinal use site, cnsultatin may be assessed at a higher level, r if the expected duratin is significantly shrter than average, then cnsultatin may ccur at a lwer level. Appendix B: Sectr-Specific Activities That May Nt Require Cnsultatin General If cnsultatin was deemed adequate within the past tw years and there have been n adjustments t the scpe r ftprint f the prject, cnsultatin may nt be required. Cnsultatin n reclamatin plans may nt be required if the site was previusly disturbed r previus cnsultatin ccurred within the ftprint. Apprval amendments and renewals: As lng as the amendments/renewals are within the scpe f the riginal apprval and n new impacts are cntemplated (new lands r nvel impacts t existing lands), cnsultatin may nt be required. Frestry and Fire Management Activities that may nt require cnsultatin Type 3 prescribed burns: Least cmplex with little r n chance f impact. Generally cnsists f annual hazard reductin invlving burning ff grass meadws, lesser vegetatin, etc. There is n detailed planning and apprval prcess. Annual perating plans and peratinal plan amendments: Where changes t blck lcatin, harvest scheduling, and rad design are cnsistent with the verall strategies f the FMP r the GDP; d nt cnflict with mitigatin strategies t address cncerns raised by a Metis Settlement in previus cnsultatin; r where there was previus cnsultatin. Temprary rads: Where there was previus cnsultatin at the GDP level. Herbicide plans: Where there was previus cnsultatin at the GDP level. Cmpartment assessment: When previusly identified and cnsulted n in the GDP prcess. March 4, 2016 Page B1