Duty to Consult First Nation and Métis Communities
The provincial government has a legal duty to consult with, and accommodate, as appropriate, First Nation and rights-bearing Métis communities before making a decision that has the potential to impact Aboriginal or Treaty rights adversely.
The revised First Nation and Métis Consultation Policy Framework (CPF) is in effect as of January 1, 2024.
The Ministry of Government Relations will develop the information and educational materials to support these policy changes through 2024.
1. First Nation and Métis Communities and Duty to Consult
The involvement of First Nation and Métis communities is essential to the duty to consult process. The consultation will only be successful through active participation, where First Nation and Métis communities can ensure that their concerns are understood, and their rights are respected.
Government officials will ask about potential adverse impacts on the ability to hunt, trap and fish or carry out traditional uses. Communities can delegate the duty to consult to a regional or provincial entity. For more information, contact the Aboriginal Consultation Unit.
For more information:
2. Participation Funding to Support the Duty to Consult
First Nation and Métis communities can apply for the First Nation and Métis Consultation Participation Fund. They must first receive a notification letter from the government that the duty to consult has been triggered and an invitation to apply for funding.
This funding aims to provide financial support for First Nation and Métis communities to participate in consultations. The Fund Criteria fact sheet outlines eligible activities and application processes. More information is available in the following documents:
3. Proponents and the Duty to Consult
Project proponents have a role in the duty to consult process. Government encourages both public and private sectors to engage First Nation and Métis communities early in the project development process. Guidance on early engagement related to projects that may trigger government's duty to consult can be found in the Proponent Handbook: Voluntary Engagement with First Nation and Métis Communities to Inform Government's Duty to Consult Process.
Relevant information collected during the early engagement process will be considered to inform the government’s duty to consult process.
For more information:
4. Federal Government's Responsibilities for the Duty to Consult
The federal government will have a duty to consult and accommodate, as appropriate, on federal decisions and actions that have the potential to adversely impact Aboriginal and Treaty rights.