f.
If a Proponent fails to provide a Notice of Request to Consult to AFN, and this
failure is discovered, AFN reserves the right to provide the Crown and/or the
Proponent with written notification of the failure and set a time within which the
proponent shall comply with this Protocol. No action or inaction on the part of
AFN in regard to a Proponent’s failure to deliver a Notice of Request to Consult
shall be deemed to be a waiver of AFN’s right to be consulted. The requirement
to provide notice is and remains the obligation of the Crown and/or Proponents.
g.
AFN will conduct an internal review of all Activity. This may include but is not
restricted to external expertise, AFN Chief and Council, meetings with the
community, meetings with the other Williams Treaties First Nations and elders,
or the use of community focus groups. There may also be site visits as well as
visits to the community by the Proponent.
37. AFN reserves the right to assess and levy an application fee on any Proponent
who delivers a Notice of Request to Consult, depending upon and
proportionate to the nature of the request or the Activity in question.
7. Consultation Process
a.
b.
Based on the information contained in the Notice of Request to Consult, any
subsequent communication, exchange of information and/or any other relevant
considerations, AFN shall make a determination as to whether to:
i.
Decline the request to consult, with or without terms or conditions;
ii.
Defer the request to consult, with or without terms or conditions;
iii.
Require a meeting with the intention of entering into a mutual agreement
to establish a consultation process, which initial meeting shall not constitute
consultation in and of itself unless mutually agreed among the parties.
iv.
Levy an application fee to be paid by the Proponent that is proportionate to
the nature and scope of the request to consult and the proposed Activity.
At any initial meeting, the proponent shall, among other things:
i.
Share their Aboriginal Relationship Policy;
ii.
Share all project information;
iii.
Share all known potential impacts;
iv.
Explain how AFN may benefit from the Activity and how AFN, its
members and its Traditional Territory may experience positive change; and
Alderville First Nation Consultation Protocol — 13