10. Accomodation
a.
Any Consultation under this Protocol shall be undertaken in good faith. It is
expected that the Proponent will be open to changing the original Activity
based on the concerns or views expressed during the Consultation phase. Any
decisions as to whether Accommodation is necessary shall be decided
collaboratively by the Proponent, the Crown and AFN, in the spirit of reconciliation.
b.
If, based on the Consultation, a decision is made to allow the Activity to
proceed, the Accommodation of AFN’s interests shall be achieved through the
negotiation of a mutually beneficial agreement or series of agreements as
between the affected parties, which agreement or agreements shall contain
provision for future impact monitoring and which shall be binding on any
related entities, successors or assigns of the Proponent.
c.
The Proponent shall bear all costs of the negotiation and agreement process.
d.
Any Accommodation agreement shall, at a minimum, ensure that:
i.
AFN receives timely updates and follow-ups;
ii.
The Crown or Proponent provides regular progress reports and notice of
any proposed changes to the Activity;
iii.
Provision is made to adjust for or re-open negotiations for any cumulative
or indirect Impact that may arise in the course of carrying out or
completion of the Activity;
iv.
AFN is provided with any updates to the Proponent’s Aboriginal
Relationship Policy.
11. Dispute Resolution
a.
Any dispute as between the parties in the negotiation of a Consultation
agreement shall be referred to alternative dispute resolution as follows:
i.
The matter shall be put forth to a designated representative of AFN and a
senior representative of the Proponent for a negotiated resolution.
16 — Alderville First Nation Consultation Protocol