APPENDIX B-3:
PROVINCIAL G UIDELINES ON CONSULTATION
A number of provinces adopted or proposed guidelines that set out the approach to be
used by provincial government departments (and sometimes project proponents)
respecting consultations with First Nations and Métis in circumstances where action
contemplated by Government may adversely affect Treaty or Aboriginal rights. The
guidelines are designed to principles and procedures for consultation that will ensure a
practical and efficient consultation process. They also address issues related to
accommodation which arises, in some cases, from the duty to consult.
The content of the provincial guidelines usually covers:
Legal background on Aboriginal rights and the duty to consult
Principles to govern consultation
Recommendations on the consultation process
Issues related to Accommodation
These guidelines are based on the existing guidance of the Court and are intended to
reflect, in a practical way, the minimum legal requirements established by the courts.
The following guidelines were reviewed:
Alberta’s First Nations Consultation Policy on Land Management and Resource
Development 2007
The Government of Saskatchewan Guidelines for Consultation with First Nations
and Métis People: A Guide for Decision makers, May 2006
Government of Quebec’s Interim Guide for Consulting the Aboriginal
Communities 2006
Ontario’s Draft Guidelines for Ministries on Consultation with Aboriginal Peoples
related to Aboriginal Rights and Treaty Rights 2006
Manitoba Draft Provincial Policy and Guidelines for Aboriginal Consultation 2007