Aboriginal consultation
Proponents subject to the Environmental Assessment Act must consult with Aboriginal communities potentially affected by, or interested in, a project.
Proponents should identify those Aboriginal communities potentially affected by a project. They should then develop an engagement approach specific to those interests.
Identifying Aboriginal communities
Proponents are required to contact the Ministry of Aboriginal Affairs (MAA) and Aboriginal Affairs and Northern Development Canada (AANDC) to help identify which Aboriginal communities may be impacted.
A directory and map of existing Aboriginal communities is available at the Chiefs of Ontario website. Information on treaties, land claims, and existing First Nation Reserves is available on MAA’s and AANDC’s websites. Information about Métis communities is available on the Métis Nation of Ontario web site and through other Métis organizations.
Methods of Consultation and Documentation
The proponent should discuss with Aboriginal communities how to prevent or mitigate any potential adverse effects the project may have on Aboriginal interests.
When consulting with the identified Aboriginal communities the proponent should:
- contact Aboriginal communities through the Chief and Band Council to inform them of the project
- notify communities of open houses and meetings
- provide communities with project documentation and other information
- follow any requirements for Aboriginal consultation in the transit, waste or electricity regulations and codes of practices and guidelines
The proponent is required to document:
- how Aboriginal communities were identified and consulted
- if any issues were raised
- how issues were avoided, prevented, mitigated or addressed
The proponent is required to notify the Director of the Environmental Assessment and Approvals Branch if a project may adversely affect an Aboriginal or treaty right.
When required, the ministry will review the proponent’s information and determine if the Crown has a duty to consult with an Aboriginal community.
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