Violet Camsell-BlondinChair, Wekèezhìi Land and Water Board

Zabey NevittExecutive Director, Wekèezhìi Land and Water Board

Aboriginal Consultation for IndustryOctober 27, 2009

• Background to Mackenzie Valley Boards and regulatory process.

• Defining Consultation Effort.• Roles and Responsibilities; examples.

Talk Summary

NWT Land Claims

Gwich’in Comprehensive

Land Claim Agreement

Chair

Fed Fed

Tlicho Tlicho

Chair

Fed Fed

Gwich’in Gwich’in

Regional Panels

Sahtu Land and Water Board

Wek’eezhii Land and Water Board

Gwich’in Land and Water Board

COMPREHENSIVELAND CLAIM AGREEMENT

SAHTU DENE AND METIS

Chair

Fed Fed

Sahtu Sahtu

Mackenzie Valley Land and Water Board

MVLWB Chair

Unsettled Regions

WLWB GLWB

SLWB

Transboundary Panel Examples

MVLWB Chair

Unsettled Regions

WLWB GLWB

SLWBTransboundary Panel between

Sahtu and Gwichen

Transboundary Panel for

Unsettled and Settled Region

Mackenzie Valley Land and Water Board

“The objectives of the Board are to provide for the conservation,

development and utilization of land and water resources in a manner

that will provide the optimum benefit generally for all Canadians

and in particular for residents of the Mackenzie Valley.”

Jurisdiction of the 4 Land and Water Boards of the Mackenzie Valley

Preliminary Screening:

Public Concern or significant adverse

impact

Environmental Assessment and/or

Review(Mackenzie Valley Environmental

Impact Review Board)

Regulatory Process(Land and Water Boards)

Application Rejected

Application

NO

Yes Application approved with or without measures

Integrated System

Overall Consultation Effort based on:• Community

Expectation• Scope of Project• Temporal and spatial

characteristics• Stage of Development• Legal Requirements

(Statute)• Legal Precedent

(Jurisprudence)• What is reasonable

Consultation Effort

Con

sulta

tion

Effo

rtPr

e Ap

plic

atio

nR

egul

ator

y Pr

oces

sO

pera

tions

Lice

nce

Ren

ewal

Clo

sure

Pla

nnin

g

Clo

sure

Pos

t Clo

sure

Stages of Development

Shared Consultation Responsibility

Con

sulta

tion

Effo

rtPr

e Ap

plic

atio

nR

egul

ator

y Pr

oces

sO

pera

tions

Lice

nce

Ren

ewal

Clo

sure

Pla

nnin

g

Clo

sure

Pos

t Clo

sure

Stages of Development

• Respect• Honesty• Regionally Appropriate• Relationship Building• Participatory• Dynamic• Ongoing• Coordinated

Principles

Outcomes• Relationships• Communication• Issue identification• Information Exchange• Understanding• Adaption• Negotiation

Outcomes

• Company– Meet with Communities– Hold site visits– Provide Resources– Develop a Public Engagement Plan– Potentially develop agreements or MOUs– Community – Company liaison Committees– “Facilitated” Consultations– Ensure appropriate people are present

Roles and Responsibilities

• Company (Examples)– PDAC e3 Plus: Framework for Responsible

Exploration.– Engagement processes by BHP Billiton and DDMi

on Closure Planning.– Anglo-American Uranium Exploration Program

engagement (initial and ongoing).– GGL Diamonds (PGB, CH and Awry Lake Claims).– Even Government can do a good job: Colomac

(INAC – CARD) and Wekweètì Winter Road Realignment (GNWT – DoT).

Roles and Responsibilities

• Boards/Regulators– Provide advice to applicants– Develop policies and provide guidance on

expectations– Develop processes that fulfil Board responsibilities

as outlined by law– Carry out ongoing communication and develop

relationships with communities– Provide technical support, information where

appropriate– Act as conduit/mediator when appropriate

Roles and Responsibilities

• Boards/Regulators (Examples)– Development of Pre-Submission Engagement

Guidelines– MV Wide Working Group on Consultation and

Engagement. Developing Valley Wide Policy and regional guidelines (contact: pewaschuk@wlwb.ca for more information)

– Workshops on specific issues– Wekeèzhìi Forum– Participation in Akaitcho Consultation Working

Group

Roles and Responsibilities

• Communities– Define consultation and engagement expectations

• Guidelines and Protocols

– Define communication protocols– Be prepared to negotiate and participate– Keep a dialogue going with constituents

• Examples– Akaitcho Exploration Agreements– Tlicho TK Protocols (under development)

Roles and Responsibilities

WWW.MVLWB.CA

Separate tabs for each Board

Hosted by MVLWB

Online ledger and registry

Application Lists and Maps

Shared Calendar and Contacts