Alberta has introduced a new First Nations Consultation Policy that makes several key shifts, including: (1) Consolidating consultation responsibilities into a new Consultation Office to provide a stronger Crown role; (2) Developing a Consultation Process Matrix to provide clarity on steps, timelines, and roles; and (3) Enhancing funding for First Nations consultation capacity through a new industry levy system. The policy aims to respect Treaty rights, ensure meaningful consultation, align with the new Alberta Energy Regulator, and provide predictability for industry while benefiting First Nations. The Consultation Office will manage all aspects of the consultation process and work to finalize supporting guidelines through ongoing engagement with First Nations and industry.

1. Alberta’s First Nation Consultation Policy
(2013): Key Policy Shifts
Dennis Bell
October 22, 2013
Edmonton, AB
Aboriginal Relations

2. Demographics – Aboriginal Population
Aboriginal
•3rd largest Aboriginal population in Canada
•6.2% of Alberta’s population in 2011
First Nations
•116,670 (2011 National Household Survey)
•48 First Nations and 134 reserves
Metis
•Largest Metis population in Canada (96,865)
•Most Metis reside in urban areas: Edmonton (31,780)
and Calgary (17,040)
•Only Metis land base in Canada - 8 Metis Settlements:
4,858 (2012)

3. Alberta Context
•
Has been in the strongest period of growth ever recorded
for any Canadian province
•
230,000 + active dispositions
for resource development
•
17,000 - 20,000 dispositions/year
•
100 million acres of Crown land
•
Broad resource base
3

4. Alberta’s Aboriginal Peoples
169,355 people of First Nations ancestry live
in Alberta, with over 60% living off-reserve.
Three Treaty areas (Treaties 6, 7 and 8)
covering approximately 730,680 hectares of
reserve land.
47 First Nations, 8 Métis Settlements, Inuit,
and off settlement Métis
Most commonly spoken First Nation
languages in Alberta - Cree, Blackfoot,
Chipewyan, Dene and Stoney (Nakoda
Sioux)

5. New First Nations Consultation Policy
•Alberta’s new First Nations Consultation Policy (August
16, 2013) and supporting legislation will:
– Respect First Nations’ Treaty Rights and traditional uses;
– Ensure First Nations have the consultation capacity to fully
and meaningfully engage in the consultation process;
– Be compatible with the Alberta Energy Regulator; and
– Create a more stable, predictable and certain business
environment for industry investment, benefiting First
Nations and all Albertans.

6. Policy Shift: Stronger Crown Role
(Aboriginal Consultation Office)
– Greater Crown role - Alberta will consolidate responsibility
for consultation in a single Consultation Office reporting to
the Minister of Aboriginal Relations.
– Alberta will increase its emphasis on regional and
strategic consultations to establish a context within which
project consultation can occur.
– Consultation Office will have a coordinated and integrated
relationship with the new Alberta Energy Regulator
regarding Aboriginal consultation requirements

7. The Consultation Office Continued
• The Office will manage all aspects of the consultation process
including;
- Policy development and implementation;
– Management and execution of the consultation process;
– Pre-Consultation Assessments;
– Determining which First Nations to notify and consult;
– Direct consultation when significant adverse impacts may result;
– Assessment of consultation adequacy;
– Consultation capacity-building with First Nations;
– Measures leading to increased consultation process transparency;
– Setting standards, best practices and quality assurance

8. Policy Shift: Consultation Process Matrix
– The draft Corporate Guidelines contain a draft Consultation
Process Matrix proposing a particular sequence of
consultation steps as well as timelines and roles for all
parties in the consultation process.
– Operational Guidelines, once developed, will include
additional matrices and procedures to guide all parties.
– Supporting matrices will classify projects according to their
relative potential to adversely impact treaty rights and
traditional uses and will deal with the scope and depth of
consultation required to mitigate adverse impacts.

9. Policy Shift: Enhanced Capacity Funding
– Increased capacity funding. The Aboriginal Consultation
Levy Act (May 2013) allows for an industry levy to
increase First Nations’ consultation capacity.
– Regulations to be developed with First Nations and
industry will operationalize the Act.
– Alberta will manage the levy and distribute consultation
capacity funding to First Nations
– Crown-led consultation to be funded solely by Alberta.
– New capacity funding system will increase First Nations’
capacity and ensure transparency and accountability.

10. Policy Shift: Greater Transparency
– Levy system and structure will not prohibit private First
Nations-proponent agreements. Will allow First Nations and
industry to continue to explore and enter into impact-benefit
agreements.
– Proponents will be required to disclose financial aspects of
consultation-related agreements with First Nations.
– New Policy sets out that the Consultation Office will publicly
report aggregated information flowing from these agreements.
– Will enable Alberta to properly determine gaps in First Nation
funding to target areas to help create First Nations’ community
economic opportunities.

11. Policy Shift: Consultation Process
Agreements
– Option for Alberta and any First Nation to develop a Nationspecific consultation process agreement.
– Allows Alberta to be more responsive to resource
development pressures facing individual First Nations.
– Agreements would support the timelines and overall process
of the Consultation Policy, but would allow some flexibility.
– May set out how First Nations wish to be consulted.
– Alberta’s Consultation Policy will still apply but be supported
by agreements with individual First Nations.
– All Agreements would be consistent with the Policy.

12. Policy Implementation Engagement Plan
• Engagement sessions with First Nations representatives and
industry participants on key Policy implementation items.
• Introductory meetings with First Nations and industry groups early October, 2013.
• Technical First Nation and industry working group sessions to
be held in mid and late October, 2013.
• Outcome of discussions to inform and shape the new Policy’s
implementation and the overall consultation process.
• Minister Campbell also open to meeting with First Nations’
Chiefs and industry during the Policy implementation period.

13. Next Steps
• New Policy will not take effect until the Consultation Office is
operational, likely November 2013.
• The Consultation Office will lead development of key Policy
elements through the implementation period, including:
– Finalization of draft Corporate Guidelines;
– Work on supporting matrices and Operational guidelines;
– Regulations to support the Aboriginal Consultation Levy Act;
and
– A Framework for Consultation Process Agreements with
Individual First Nations.

14. For Further Information
Dennis Bell, Senior Advisor, Regulatory Issues
Aboriginal Consultation Unit
Alberta Aboriginal Relations
dennis.bell@gov.ab.ca
780-638-4694
www.aboriginal.alberta.ca