Step 3 – Initial Community Response
Subject to financial considerations, the Simpcw Band Council will provide a written
response detailing any concerns and objections regarding the proposed Activity, and
subject to capacity, recommendations as to how those concerns or objections may be met
or accommodated. Where there are concerns or objections that the Simpcw Band Council
believe may be resolved with further review, the Simpcw Band Council will provide the
Crown or Third Party with an estimate of the time and cost of conducting the further
review. If the Simpcw Band Council is unable to respond to the referral immediately,
they will notify the relevant Crown or Third Party of what alternative timeframe would
accommodate them.
Step 4 – Crown/Third Party Reconsideration
Upon receipt of the initial community response from the Simpcw Band Council, the
Crown or Third Party will reconsider the Activity consistent with these Consultation and
Accommodation Guidelines for Crown and Third Parties. If the Crown or Third Party
cannot fully implement the accommodation requested by the Simpcw Band Council, it
will initiate a meeting with the Simpcw First Nation to address those concerns or
objectives.
Step 5 – Consultation and Accommodation Negotiations
Simpcw Band Council and the relevant Crown or Third Party will meet and reach
agreement with respect to the Activity. The result of the meeting will be either:
an agreement to proceed with the Activity as planned
an agreement to proceed with the Activity with conditions and accommodations as
agreed by the parties;
an agreement to abandon or postpone the Activity, with or without an agreement
to conduct a further review, or
no agreement.
The result of the meeting will be put in writing and a copy of the document sent to the
Simpcw Band Council for their review and approval.
Step 6 – Dispute Resolution
Where the result of a consultation meeting is ”no agreement”, the parties may agree to
enter into a process of dispute resolution. In the case of Crown, this must be a Crown-toCrown resolution process, and in the case of either Crown or Third Parties, the Simpcw
Band Council must have equal decision-making power within the process.
Principles that will inform the dispute resolution process are as follows: