Sample letter regarding Duty to Accommodate

Producers are from time-to-time approached by First Nations with respect to the Duty to Accommodate.  This is a sample letter outlining OSSGA's position that the Duty to Accommodate should be negotiated with the Crown, and that OSSGA would be pleased to express its support to MNRF on this issue.

Duty to Consult with Indigeneous Peoples

In May 2017 the Aggregate Resources Act was updated to include a section on Aboriginal Consultation. Specifically, the Act now says that:

Aboriginal consultation

3.1 For greater certainty, the Minister will consider whether adequate consultation with Aboriginal communities has been carried out before exercising any power under this Act relating to licences or permits that has the potential to adversely affect established or credibly asserted Aboriginal or treaty rights. 2017, c. 6, Sched. 1, s. 2.

OSSGA has been working with MNRF and the Ministry of Indigenous Relations and Reconciliation to better understand both industry's and the government's obligations with respect to consultations.

 

In addition, the Supreme Court recently released two decisions related to aboriginal consultation which help to clarify the Crown’s duty to consult and accommodate Aboriginal Peoples impacted by a proposed project.

 

This follows an Ontario Court’s rescinding of a quarry licence due to inadequate aboriginal consultation on behalf of the MNRF on July 14, 2017.  

 

The Supreme Court decisions detailed the requirement for deep consultation depending on the strength of the Aboriginal claims and potential impact of the project on traditional rights, and reiterated that each case must be treated individually and with flexibility. The rulings also stated that the purpose of consultation is not to address historical grievances and the duty to consult does not mean that Indigenous Peoples are granted a “veto” in Crown decisions.  For more information see: http://www.blakesbusinessclass.com/scc-confirms-the-role-of-regulatory-tribunals-in-aboriginal-consultation/

The purpose of this page is to provide information updates on the duty to consult.  Items listed below are listed in chronogical order, with the latest appearing at the top of the page.

Duty to Consult: Draft Guidelines

October, 2017.  The Ministry of Indigenous Relations & Reconciliation (MIRR) has announced revised Draft Guidelines for ministries on the Duty to Consult. OSSGA believes that the 10-day comment period to provide a meaningful set of comments was inadequate, but advised the Ministry that we will look provide feedback “through other forums” per their letter of October 2nd, once we have had a chance to confer with members.  OSSGA will set up a working group composed of interested members of the Land Use and Environment Committees to study this further, but any member is welcome to participate.

Draft Guidelines for Ministries on Consultation with Aboriginal Peoples Related to Aboriginal Rights and Treaty Rights.

Letter to OSSGA

Summary of Potential Content for Updated Guidelines for Ontario Ministries on Consultation with Aboriginal Peoples

For more information please contact Ashlee Zelek.

Advocacy

OSSGA Policy Papers and Submissions