Environmental Assessment

Aboriginal Information Resources

Aboriginal Consultation

Proponents are required to identify Aboriginal communities and consult with them to determine whether an Aboriginal or treaty right will be potentially negatively impacted by a proponent’s proposed EA project or whether Aboriginal communities have an interest in a project.

Proponents should contact the Ministry of Aboriginal Affairs (MAA) and Indian and Northern Affairs (INAC) to identify potentially affected Aboriginal communities and provincial or federal land claims or litigation. Prior to contacting INAC and MAA, proponents should also obtain information from other resources listed to assist in identifying Aboriginal communities. A directory and map of existing Aboriginal Communities is available at Chiefs of Ontario web site and information on treaties, land claims, and existing First Nation Reserves is available on INAC’s and MAA’s web sites.

When consulting with the identified Aboriginal communities the proponent should:

Contact Aboriginal communities through the Chief and Band Council
Provide Aboriginal communities with the requisite notices required under various EA processes
Notify communities of open houses and meetings
Provide communities with project documentation and other information when required /requested
Consult with directly where appropriate
Follow any requirements for Aboriginal consultation in the transit, waste or energy regulations; and, codes of practices and guidelines.

The proponent is required to document how Aboriginal communities were identified and consulted; any issues raised; and, how issues were avoided, prevented, mitigated or addressed. Documentation should be included in the EA documents; project file or the project screening or assessment report as may be applicable.

The proponent is required to notify the Director of the Environmental Assessment and Approval Branch of the Ministry of the Environment if a project may potentially adversely affect an Aboriginal or treaty right for an EA, class EA, or class EA project.

When the Ministry of the Environment is required to make a decision under an EA process or when a notice is provided to the ministry as described above, the ministry will review the proponent’s information and will assess whether there may be a potential negative impact on an Aboriginal or treaty right and will determine whether the Crown has a duty to consult with an Aboriginal community.

Crown proponents are responsible for leading any requirements to address the duty to consult with Aboriginal communities in consultation with the Ministry of the Environment.

Please refer to the following documents for detailed information on consultation with Aboriginal communities:

Indian and Northern Affairs Canada (INAC)

Contact INAC to obtain information about projects affecting reserves which may require a land instrument from INAC; specific claims; comprehensive claims; federal litigation; and federal programs and services for Métis, Non-Status Indians and urban Aboriginal people. Note: When contacting INAC DO NOT send entire EA document. Send map, and legal description of the undertaking.

Land Instruments Contact:

Mr. Glenn Gilbert, Manager
Environment Unit
Lands and Trusts Services
Indian and Northern Affairs Canada
25 St. Clair Ave. East, 8th Floor
Toronto ON M4T 1M2

Phone: 416-973-2131
Fax: 416-954-4328
E-mail: Gilbertg@inac.gc.ca