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Before submitting an application to the AUC, an applicant must conduct a Participant Involvement Program (PIP). If there is potential for the project to impact Aboriginal or treaty rights protected by Section 35 of the Constitution Act, 1982, the applicant must specifically address this as part of the PIP and identify the Indigenous groups consulted.
Rule 007: Facility Applications includes additional guidelines for applicants on consultation with Indigenous groups in Appendix A1-B, Participant involvement program guidelines for Indigenous groups. These guidelines supplement the general PIP requirements in Appendix A1.
The AUC requires an applicant to inform Indigenous groups of, and involve them in discussions about, the applicant’s project if there is potential for the project to impact Section 35 rights. Section 35 rights may be exercised on unoccupied Crown land and other lands to which members of an Indigenous group have a right of access for such purposes.
The applicant must specifically address Indigenous consultation as part of the PIP and identify the Indigenous groups it consulted.
If advice from the Government of Alberta on consultation was not sought, the applicant must summarize the steps it took to identify and consult with Indigenous groups. If no steps were undertaken to identify and consult with Indigenous groups, the applicant must provide an explanation.
If an Indigenous group contacts the applicant and requests consultation, the applicant should include the Indigenous group in the PIP or explain why it declined to do so.
Applicants can request feedback from AUC staff on their PIP for Indigenous groups before submitting an application, including feedback on the appropriate Indigenous consultation category for the project. Applicants should submit the Request for AUC staff feedback on participant involvement program for Indigenous group form to indigconsult@auc.ab.ca.
Applicants are encouraged to use the Government of Alberta’s Landscape Analysis Indigenous Relations Tool (LAIRT) to inform decisions about consultation.
If the Government of Alberta, through the Aboriginal Consultation Office (ACO) or otherwise, directed consultation with an Indigenous group for a related approval, those Indigenous groups must be included in the PIP for the AUC application. The applicant must provide the pre-consultation assessment, adequacy assessment and specific issues and response table, if prepared.
If the Government of Canada, through the Impact Assessment Agency, Indigenous Services Canada or otherwise, directed consultation for a related approval, those Indigenous groups must also be included in the PIP. The applicant must provide any consultation-related direction or decision made by the Government of Canada for related approvals, if prepared.
If a First Nation reserve or Métis Settlement is located within the applicable consultation radii identified in Appendix A1 of Rule 007, the First Nation or Métis Settlement must be included in the PIP.
The AUC uses three Indigenous consultation categories to improve regulatory consistency, predictable decision-making and public transparency. The categories are based on the potential physical impacts of a project on land or resources that could affect Section 35 rights. They are not a definitive categorization of all potential adverse impacts, and other credibly asserted or apparent impacts must also be considered.
If an application has characteristics that fall into two or more categories, the more stringent notification requirements should be followed.
Category A generally applies when:
Requirements:
Category B includes applications that do not ordinarily require Indigenous groups to be included in the PIP, such as:
If an Indigenous group contacts the applicant and requests consultation, the applicant should include the group in the PIP or explain why it declined to do so.
Projects that are not captured by Category A or Category B are reviewed by the AUC on a case-by-case basis to determine whether Indigenous groups should be included in the PIP.
In reviewing Category C projects, the AUC considers the nature, scope, magnitude and duration of potential adverse impacts on Section 35 rights. Considerations include:
Applicants may request pre-application feedback from AUC staff to help determine the appropriate consultation category.
Notification to Indigenous groups should be provided to the official consultation contacts and by the method identified on the Aboriginal Consultation Office website.
Applicants are encouraged to notify Indigenous groups early in project planning to provide sufficient time for relationship building, issue identification and exploration of mitigation measures.
As part of the broader PIP requirements, notified stakeholders and Indigenous groups must generally be given a minimum of 14 calendar days to receive, consider and respond to the PIP before the applicant files its facility application.
The applicant must make reasonable attempts to contact Indigenous groups, provide information about the project, discuss the project and address questions and concerns. If the applicant is unable to establish contact, it should be able to demonstrate the reasonable attempts made.
The applicant must retain documentation of potential mitigation measures for objections identified or considered through the notification and consultation process before filing its application. The applicant is also expected to document commitments made during the PIP and have a process to monitor and follow up on those commitments.
Applicants are encouraged to consider options to avoid, minimise or mitigate impacts on Section 35 rights. These may include:
The applicant must keep a log documenting when notification occurred or was attempted, whether project information was provided, who received the information and any follow-up discussions.
The applicant must indicate whether Indigenous groups were included in the PIP.
Where Indigenous groups were included, the applicant must provide a summary of the consultation undertaken with each Indigenous group, including a description of unresolved objections known to the applicant and the applicant’s responses and follow-up.
If concerns cannot be resolved, the applicant is responsible for providing the AUC with the record of the consultation undertaken, including a summary of objections received, mitigation measures discussed and outstanding objections.
Where Government of Alberta consultation advice has not been obtained, the applicant must provide the information or justification required by Rule 007.
Electric facility and gas utility projects on a First Nation reserve remain subject to AUC approval and the applicable requirements of Rule 007. Applicants must also obtain the necessary consent and approvals from the First Nation and, where applicable, the federal government.
For on-reserve projects, a Historical Resources Act approval is not required. An AEPA-FWS renewable energy referral report is also not required for wind and solar projects on reserve lands. Applicants must nevertheless provide sufficient or equivalent information for the Commission to understand potential environmental impacts and impacts on cultural and historic resources.
If the project footprint extends beyond reserve lands, the applicant must determine whether an AEPA-FWS renewable energy referral report or Historical Resources Act approval is required.
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