Consultation Guidebook
Transcription
Consultation Guidebook
Metis Nation British Columbia Consultation Guidebook Managed by the BC Métis Assembly of Natural Resources These Guidelines and Métis Traditional Knowledge Policy have been produced under the authority of Article 11 of the Métis Nation British Columbia’s Natural Resource Act. The front cover is a picture of the remains of a Métis homestead on top of the Coquihalla Highway where elder Lottie Kozak (nee MacDougall) was raised as a child. Métis Nation British Columbia Consultation Guidelines Approved by MNBC Board of Directors February 25, 2009 at 18:56pm March 2009 Version 1.0 1 Table of Contents Table of Contents..................................................................................................................................................... 2 Legal Background.................................................................................................................................................... 3 1.0 Introduction........................................................................................................................................................ 3 1.1 Statement and Purpose................................................................................................................................... 3 1.1.1 Guideline Statement................................................................................................................................. 3 1.1.2 Purpose of these Consultation Guidelines............................................................................................... 3 2.0 Consultation Guidelines..................................................................................................................................... 3 2.1 Principles........................................................................................................................................................ 4 2.1.1 Consultation............................................................................................................................................. 4 2.1.2 Guideline.................................................................................................................................................. 4 2.2 Responsibilities.............................................................................................................................................. 4 2.2.1 MNBC Ministry of Natural Resources.................................................................................................... 5 2.2.2 Industry.................................................................................................................................................... 5 2.2.3 Métis Chartered Communities................................................................................................................. 5 2.3 Consultation Types......................................................................................................................................... 5 2.3.1 General..................................................................................................................................................... 5 2.3.2 Project-Specific........................................................................................................................................ 5 3.0 The Consultation Process................................................................................................................................... 6 3.1 Trigger and Evaluation................................................................................................................................... 6 3.1.1 MNBC Engagement.................................................................................................................................. 6 3.1.2 Métis Consultation Project Team.............................................................................................................. 6 3.2 Assessment and Notification.......................................................................................................................... 6 3.3 Consultation Requirements............................................................................................................................ 7 3.4 Reporting........................................................................................................................................................ 7 3.5 Adequacy Review.......................................................................................................................................... 7 3.5.1 Performance Indicators............................................................................................................................. 7 3.6 Finalization and Monitoring.......................................................................................................................... 8 3.6.1 Approval.................................................................................................................................................... 8 3.6.1.1 MNBC Board of Directors.................................................................................................................. 8 3.6.1.2 Regional Governance Councils........................................................................................................... 8 3.6.1.3 Métis Chartered Community............................................................................................................... 8 3.6.1.4 Métis Nation Governing Assembly..................................................................................................... 8 3.6.1.5 MNBC Annual General Meeting........................................................................................................ 8 3.6.2 Monitoring.................................................................................................................................................. 8 4.0 Enactment.......................................................................................................................................................... 8 ANNEX 1 - Flow Chart for MNBC Consultation Process...................................................................................... 9 2 March 2009 Version 1.0 the concerns raised. To do so, it is necessary that the Crown be prepared to respond, have some degree of flexibility in relation to the planning and implementation of the proposed activity, and consider potential accommodation measures that may be appropriate in a given context. Legal Background The Government of Canada in the “Aboriginal Consultation and Accommodation - Interim Guidelines for Federal Officials to Fulfill the Legal Duty to Consult” states: The common law duty to consult is based on judicial interpretation of the obligations of the Crown in the context of existing Aboriginal and treaty rights of the Aboriginal peoples of Canada, recognized and affirmed in section 35 of the Constitution Act, 1982. In the Haida and Taku River decisions, the Supreme Court of Canada (SCC) held that the Crown has a legal duty to consult and, if appropriate, accommodate, when the Crown contemplates conduct that might adversely impact section 35 rights (established or potential). This duty has been applied to an array of Crown actions and in relation to a variety of potential or established Aboriginal and treaty rights. The federal guideline further state: When developing and implementing processes for consultation and accommodation, the Crown will be guided by a series of principles that have emerged both from the case law and consultation practice by government over the years. The following legal principles apply in all contexts in which consultation obligations may arise. They outline the basis for this obligation and the objectives that the Court has sought to promote through this common law duty. Honour of the Crown – The honour of the Crown is at stake in all dealings between the Crown and Aboriginal peoples. The duty to consult and accommodate, where appropriate, stems from the Crown’s unique relationship with Aboriginal peoples and must be discharged in a manner that promotes reconciliation of Aboriginal and non-Aboriginal rights and interests. Reconciliation – The duty to consult and where appropriate, accommodate is part of a process of fair dealing and reconciliation that begins with the assertion of sovereignty by the Crown and continues beyond formal claims resolution through to the application and implementation of treaties. Crown efforts to consult with, and accommodate the interests of Aboriginal groups whose rights may be adversely affected, should be consistent with the overarching objective of reconciliation with Aboriginal groups. Reasonableness – Crown efforts to reconcile and balance other societal interests and established or potential Aboriginal and treaty rights must be reasonable. Consultation processes need to reflect reasonable and genuine efforts by all parties. Meaningful Consultation – The duty to consult requires a genuine effort to address legitimate concerns and interests that relate to the impacts of contemplated Crown conduct on section 35 rights. To be meaningful, there must be a genuine willingness and ability to adjust the contemplated conduct, if such is appropriate. Good Faith – Consultation must be guided by genuine efforts. Such efforts require the disclosure of relevant factors and information, no predetermined outcome, no oblique motive, and the absence of any appearance of any sharp dealing. Responsiveness – Consultation is intended to respond to Aboriginal rights and interests, to minimize the potential adverse affects of a given activity, and to substantively address March 2009 Version 1.0 1.0 Introduction Métis Nation British Columbia’s (MNBC) Consultation Guidelines (the Guidelines) provide a practical and efficient Métis consultation process. The Guidelines will provide an effective procedure for minimizing impacts on Métis rights and traditional land-uses during consultation. The objective of the Guidelines is to produce better communication, stronger relationships and a Métis specific approach for government, industry and MNBC relations. The development of the Consultations Guidelines is ongoing. MNBC will use an annual quality assurance assessment to monitor the Guidelines and make adjustments as necessary. The Métis Nation British Columbia (MNBC) desires a practical consultation process that avoids or minimizes impacts on Métis rights and traditional land-uses and creates greater certainty. MNBC’s objective is to build a Métis specific approach that seeks to improve working relationships throughout the province. MNBC’s consultation process is intended to produce better communication, stronger relationships and easier resolution of issues between government, industry and MNBC. The Guidelines will provide an effective procedure for minimizing impacts on Métis rights and traditional land-uses during consultations. 1.1 Statement and Purpose 1.1.1 Guideline Statement MNBC will advocate for consultation with government and industry where actions and activities on provincial and federal crown lands (or towards crown resources) have the potential to infringe on Métis rights and traditional land-uses. 1.1.2 Purpose of these Consultation Guidelines The purpose of these Guidelines is to identify a consistent approach to consultation to be applied by MNBC and its relevant ministries. The Guidelines are intended to define MNBC’s role in the consultation process and to set out MNBC’s expectations of government and industry. MNBC’s Consultation Guidelines address the manner in which MNBC will advocate and conduct consultation on behalf of the Métis of British Columbia. 3 2.0 Consultation Guidelines MNBC’s Consultation Guidelines address specific questions about how consultation for land management and resource development should occur in relation to activities such a exploration, resource extraction, and management of forests, fish and wildlife. MNBC will monitor the implementation of the Guidelines. On an annual basis the Ministry of Natural Resources will assess the effectiveness of the Guidelines and determine whether changes are required. The Métis Nation governing assembly will review the Guidelines every four years after implementation (2009). MNBC encourages the development of best practices throughout the process and will continue to rely on input from Chartered Métis Communities, government and industry. MNBC recognizes that many government agencies/departments and project proponents have longstanding and established relationships that are mutually satisfactory. MNBC intends to foster these existing relationships and to build new ones based on accountability and transparency of approach. 2. 3. 4. 2.1 Principles 2.1.1 Consultation MNBC believes that the following principles will result in meaningful consultation by bringing the appropriate parties together in a timely way. With this set of Guidelines, MNBC intends to provide a meaningful process in which Métis, industry and government listen openly to each other before resource development and land management decisions are made. 5. 6. i Will require the proponent to engage with MNBC to ensure the precise impacts and practical avoidance, mitigation, or accommodation strategies are identified. ii Will identify what information is to be provided to MNBC, when that information should be provided, that the information be as clear and practical as possible, and that sufficient time is allocated for review and response. MNBC will be asked to identify any potential for impact on sites or areas that are important to the exercise of Métis rights and traditional land-uses and make suggestions on how these might be avoided, mitigated or accommodated. iii The MNBC Ministry of Natural Resources will provide access to the technical staff and the British Columbia Métis Assembly of Natural Resources for advice and approval on the adequacy of consultations planned or undertaken and of proposed avoidance, mitigation or accommodation strategies. 7. MNBC will provide a mechanism for the relevant decision making institutions of governance, as per section 3.4 of these Guidelines, to advise both government and industry of their decision of support or denial for the consultation and the reasons for the support or denial. 1. Consultation must be conducted in good faith. 2. MNBC is responsible for managing the consultation process internally. 3. Where land management and resource development may infringe Métis rights and traditional land-uses, consultation will occur before decisions are made, 4. While each has very different roles, the consultation process requires the participation of MNBC, the project proponent and government. 5. MNBC’s consultation practices will be coordinated across all MNBC ministries and governance institutions. 6. Parties are expected to provide relevant information, allowing adequate time for the other parties to review it. 7. The nature of the consultation will depend on such factors as the extent of potential infringement on the Métis Chartered Communities affected, and the nature of the activities involved. 8. Consultation should be conducted with the objective of avoiding infringement of Métis rights and traditional land-uses. Where avoidance is not possible, consultation will be conducted with the goal of mitigating such infringement. 9. Consultation will occur within applicable and reasonable timelines. 2.2 Responsibilities 2.1.2 Guideline The MNBC Consultation Guidelines will be consistent with the following principles: 1. and evaluation process and adopt an incremental approach in the development of Guidelines. Guidelines are intended as a means to support a process of consultation and an overarching objective of reconciliation rather than confrontation. The MNBC Ministry of Natural Resources will proceed with important initiatives such as traditional land-use studies and the meaningful involvement of the Métis Chartered Communities in land and resource planning. These tools will identify, avoid or mitigate potential impacts on Métis rights and traditional land-uses. Project-specific consultations related to resource development will reflect the differing needs of different proponents. The MNBC Ministry of Natural Resources will attempt to identify adequate requirements for projectspecific consultation. MNBC will also encourage the development of best practices. Where the MNBC Ministry of Natural Resources require project-specific consultation, the Guidelines: Guidelines will need to evolve as experience by the MNBC Ministry of Natural Resources grows and as the law related to consultation evolves. As such, the Guidelines should incorporate a transparent monitoring 4 2.2.1 MNBC Ministry of Natural Resources The MNBC Ministry of Natural Resources acknowledges it has a duty to advocate for consultation with government and industry where legislation, regulations or other actions may infringe Métis rights and traditional land-uses. The MNBC Ministry of Natural Resources will advocate and manage, where applicable, the consultation process and, where necessary consult directly with March 2009 Version 1.0 the Métis Chartered Communities where land management and resource development on provincial or federal crown land may infringe Métis rights and traditional land-uses. Consultation about land management and resource development will occur in two ways: through general consultation and relationship building, and through project-specific consultation. development activities. 3. When raising concerns to the Métis Consultation Project Team about proposed developments, provide alternate solutions or approaches for resolving particular issues in cooperation with the government and the project proponent. 4. Initiate sessions with the Métis Consultation Project Team to increase awareness of that Métis Chartered Communities rights and traditional land-uses. 5. Share traditional land-use information with the Métis Consultation Project Team to inform the land management and resource development review and decision-making process. 2.2.2 Industry MNBC expects industry to engage in consultation based on respect, open communication and co-operation. Those who propose natural resource developments are expected to consult with and consider the views of Métis who could be affected by their developments. Industry should incorporate traditional land-use data when planning their operations. MNBC expects the project proponent to avoid or mitigate infringement of Métis rights and traditional land-uses. MNBC’s expectations of the project proponent are as follows: 2.3 Consultation Types 2.3.1 General In general consultation and relationship building the MNBC Ministry of Natural Resources will pursue a broad range of practices that are not related to any specific development proposal but are intended to build relationships, to increase the flow of information between Métis, industry and government, and to avoid or mitigate impacts on Métis rights and traditional land-uses. These activities could change over time, depending on the circumstances of the communities or regions involved. These activities will introduce multi-party discussions into everyday work and lead to more effective working relationships and partnerships. For example, the MNBC Ministry of Natural Resources will: 1. Provide early notification to the MNBC Ministry of Natural Resources and to the affected Métis Chartered Communities before development is authorized to proceed, to ensure they are reasonably informed about the project proponent’s proposed activities. Information should include short-term and long-range plans in the area. 2. Participate in the Métis Consultation Project Team if such a Team is formed by the MNBC Ministry of Natural Resources to address the consultation. 3. Record and address issues or concerns identified by MNBC and identify how infringements were avoided or mitigated. 4. Upon request, make available to MNBC its documentation and other information related to consultation. 5. Consider the circumstances of the project and avoid infringement of Métis rights and traditional land-uses. Where avoidance is not possible, the project proponent is expected to make reasonable efforts to mitigate the infringement. 6. Enter into dialogue with MNBC regarding opportunities specific to an individual project toward achievement of a positive, sustainable outcome. 1. Welcome the opportunity to attend information-sharing sessions initiated by the government or industry to learn from their experiences related to resource development. 2. Work with the Métis Chartered Communities to identify traditional land-uses that may be affected by land management and resource development, advocate funds to develop a provincial traditional land-use database, and ensure that the information collected is used in project planning. Traditional land-use information will be used in accordance with data sharing agreements between MNBC, government and/or industry. 3. Work with the Métis Chartered Communities, government and industry to identify practical arrangements on how to implement these Consultation Guidelines. 2.2.3 Métis Chartered Communities The MNBC Ministry of Natural Resources expects the Métis Chartered Communities to indicate clearly whether they wish to be consulted on a project. If so, they are expected to communicate openly and to work with industry and the MNBC Ministry of Natural Resources in good faith to identify Métis rights and traditional land-uses and work co-operatively toward resolution. The expectations of the Métis Chartered Communities are as follows: 1. Work with the MNBC Ministry of Natural Resources to identify practical arrangements on how to implement the Consultation Guidelines. 2. Clearly identify which Métis rights and traditional landuses may be infringed by land management and resource March 2009 Version 1.0 5 2.3.2 Project-Specific MNBC expects the project proponent to consult with MNBC on proposed projects in accordance with these Consultation Guidelines and resolve issues where possible. A compliance-monitoring program will ensure that the consultation meets the intent of these Guidelines. The project proponent must consult directly with MNBC where major projects or MNBC Ministry of Natural Resource’s assessment indicates that government or industry should engage in project-specific consultation. Assessments will be based on available information about the proposed activity and the collection of Métis rights and land-use information from the Métis Chartered Communities in the relevant geographic area. The nature of the consultations will depend on factors such as the nature of the traditional land-uses identified by either the MNBC Ministry of Natural Resources or the Métis Chartered Communities that are being affected by the project, the extent of the potential impact, the communities affected, and the nature of the industry involved. The MNBC Ministry of Natural Resources will not engage directly in a consultation process for every proposed resource development activity. In most cases the MNBC Ministry of Natural Resources will require the project proponents to conduct procedural aspects of project-specific consultation, but MNBC will retain responsibility to determine whether consultation has been adequate in the circumstances. However, when a specific activity is proposed for which MNBC will consult directly, a Métis Consultation Project Team will be formed to address the consultation and will: 3.1.1 MNBC Engagement Based on the consultation information provided, the MNBC Ministry of Natural Resources will make an informed decision to engage a Metis Consultation Project Team (MCPT) in consultation relative to the potential adverse impacts of the project on Métis rights and traditional land-uses. Written notification of this decision will be conveyed in a timely manner to the project proponent, government and the effected Métis Chartered Community (ies). 3.1.2 Métis Consultation Project Team Where required by MNBC, the MNBC Ministry of Natural Resources and the proponent will develop a Métis Consultation Project Team (MCPT) that is specifically assigned to the proposed consultation. The team may consist of the following components but should supply a cross-section of political, technical and traditional resources: 1) MNBC personnel a. Political (provincial, regional and/or community level) b. Technical, Director of Natural Resources and policy c. Training, economic development, staff as required 2) BCMANR personnel a. Regional Captain(s) for the effected area(s) 3) Proponent personnel a. To be determined consensually by the proponent and MNBC. 1. Engage in meaningful consultation, keeping in mind applicable industry and regulatory timelines and the need for informed understanding among the parties. The consultation process will include gathering and assessing the necessary information from the project proponent and government, assessing the potential for infringement of the Métis rights and traditional landuses, and facilitating discussions between the project proponent and the Métis Chartered Communities. 2. Maintain a record of the consultation process, including how the industry, government and Métis Chartered Communities concerns have been considered. 3. MNBC decision-makers or institutions will review all information provided during the consultation process, and fully consider the views of industry and the government. In particular, methods to avoid, mitigate or otherwise address potential infringements on Métis rights and traditional land-uses will be considered and documented. 4. Where the decision for support is to be made by a MNBC governance institution, such as the Métis Nation Governing Assembly or the MNBC Annual General Meeting, MNBC will report on consultation outcomes to the relevant body. Industry and government may be requested to partake in the delivery process. 5. Advise the government and industry in writing of the outcome of the consultation and decision for support of the report. 3.2 Assessment and Notification When determining whether to delegate the responsibility to complete project specific consultation, MNBC Ministry of Natural Resources will take into account the following: ∞ Specific traditional use information shared by Métis; ∞ Identified lands and the Métis Chartered Communities that will be most effected; ∞ Other Métis Citizens or user groups that will be effected, ∞ Magnitude and duration of the proposed project; ∞ Information shared at community, regional and provincial levels; ∞ nformation acquired through direct interaction with Métis; and ∞ Any other relevant information that comes to the MNBC Ministry of Natural Resource’s attention. ∞ In those instances where MCPT consultation is required, the MNBC Ministry of Natural Resources may assist by: ∞ Advising whether notification will be required and with which Métis; ∞ Providing MNBC contact information for consultation purposes; ∞ Providing contact information for MNBC staff for further information and support; ∞ Providing guidance and advice to assist in planning the consultation that will be required; 3.0 The Consultation Process 3.1 Trigger and Evaluation All aspects of consultation will be delegated to the Métis Consultation Project Team (MPCT), where applicable. It is MNBC’s intention that those aspects of consultation delegated to the MPCT will be conducted under the Consultation Guidelines and within timelines. The fundamental aspects of assessment and notification, consultation procedures, and review and decisionmaking in these Guidelines apply. 6 March 2009 Version 1.0 submitted by project proponents for adequacy and completeness. The MNBC Ministry of Natural Resources will verify information with the Métis Chartered Communities and seek advice from internal MNBC personnel during the review process. Where applications are considered to be incomplete or inadequate after evaluation by the MNBC Ministry of Natural Resources, proponents may be required to consult further with the MPCT. The MNBC Ministry of Natural Resources may use the following criteria in its assessment of the adequacy of MNBC consultation with Métis: ∞ Consultation was conducted in a meaningful way that supports the spirit of collaboration; ∞ Information was provided in a timely manner; ∞ Reasonable efforts were made to avoid or mitigate Métis concerns; ∞ Actions of the Métis Chartered Communities including the nature and degree of participation in the process; ∞ Potential adverse impacts were specifically identified and understood; ∞ Scope of the impact was effectively communicated; and ∞ Any other criteria that MNBC deems necessary. ∞ Establishing timeframes within which consultation should occur in relation to the magnitude and duration of the proposed project; ∞ Assessing and approving the adequacy of proposed strategies that may be used to avoid or mitigate potential adverse impacts on Métis rights and traditional land uses; and ∞ Any other steps or measures the MNBC Ministry of Natural Resources deems necessary. 3.3 Consultation Requirements The MNBC Ministry of Natural Resources (in the case of direct consultation) or the MCPT (where applicable) will send the requirements for consultation to the proponent and to the relevant Metis Chartered Community (ies). The requirements for consultation will vary for each consultation based on the type of proposed activity, potential impact to Metis Rights and Traditional Land Uses, number of Metis Chartered Communities and MNBC Regions affected and other considerations. The requirements for consultation could be expected to include: ∞ Assessment and Notification Sites of Central Significance to Métis, ∞ Identification of traditional land-use sites and activities, ∞ Identification of Metis land users, ∞ Understanding environmental issues using both westernbased science and Metis traditional knowledge, ∞ Human Resource requirements, ∞ Financial requirements, ∞ Other requirements as determined in the Assessment Phase. 3.5.1 Performance Indicators 3.4 Reporting Where the MNBC Ministry of Natural Resources or the MCPT (where applicable) carry out a consultation under the Guidelines, the Ministry or MCPT will submit a final report that summarizes the results of the consultation. The report will reflect the discussions, information shared, accommodations to Métis concerns and the potential impact (if any) to Metis Rights and Traditional Land Uses. Copies of the report will be submitted to MNBC, the proponent and appropriate government ministry/agency. 3.5 Adequacy Review One of the primary concerns of all parties is the determination of adequate consultation. Although project proponents will be required to conduct procedural aspects of project specific consultation, MNBC retains the accountability for ensuring consultation has been adequate. Therefore, the MNBC Ministry of Natural Resources will perform an assessment of MCPT consultation activities. Within the Consultation Guidelines, MNBC expects consultation to occur before decisions are made and retains responsibility of determining whether MCPT consultation is adequate in the circumstances. As part of the review and approval process, MNBC will review the consultation information March 2009 Version 1.0 7 Successfully implementing the Guidelines will bring about certain identifiable results. The following are results that MNBC will strive for and seek to measure as indicators of successful implementation of the Guidelines: 1. Engagement of all parties in the process as indicated in the Consultation Guidelines. 2. Reduced number of unintentional impacts on Métis rights and traditional land-uses and an increased number of sites or areas, important to the exercise of Métis rights and traditional land-uses that receive protection. 3. Timely review of required project-specific consultations and project plans and the improved ability of MNBC to make decisions on successful advocacy created consultations. 4. Meaningful engagement of consultation processes, such as land and resource planning, which efficiently seek methods to avoid or mitigate the impacts of land and resource management decisions made by government and industry and to accommodate Métis rights and traditional land-uses where avoidance or mitigation is not possible. 5. Focused attention, for project specific consultation, on decisions or actions that have the potential for adversely impacting Métis rights and traditional land-uses and processes that resolve practical issues relating to land use conflicts. 6. An increased number of completed traditional land use studies and data management agreements, between MNBC, government and industry, producing data, which can be utilized to assist consultation. 7. Timely provision of information to MNBC in an understandable format or with appropriate access to advice and to assist Métis Chartered Communities in understanding the information. 8. Timely provision of a response from MNBC identifying potential impacts and possible methods to avoid or mitigate the impact. 9. The ability of MNBC to identify potential impacts through the use of tools such as traditional land-use studies and to communicate those impacts to the decision maker or project proponent in a timely manner. 10. Impacts on Métis rights and traditional landuses are avoided, mitigated or, where appropriate, accommodated. 3.6.1.4 Métis Nation Governing Assembly The Métis Nation Governing Assembly (MNGA) can be used for approval authority on medium to large-scale projects that affect multiple MNBC regions and/or Métis Chartered Communities. In addition, high profile projects that have multiple potential impacts with long-term implications will also fall to this level of approval authority. This institution consists of the MNBC Board of Directors and all MNBC Métis Chartered Community Presidents or VicePresidents (if the President cannot attend). Seventy-five percent of this body must vote in favour to approve any document that is presented. The approval will be recorded as an official motion and documented in the MNGA minutes. 3.6.1.5 MNBC Annual General Meeting The MNBC Annual General Meeting can be used for approval authority on large-scale projects that affect multiple MNBC regions and/or Métis Chartered Communities. In addition, high profile projects that have multiple potential impacts with longterm implications will also fall to this level of approval authority. This is the highest and most complex level of approval authority that MNBC can implement. This institution consists of the MNBC Board of Directors, two Métis Community delegates from each of the MNBC Métis Chartered Communities and any other Métis citizens that choose to attend the event. Usually there are over 500 Métis citizens in attendance of this annual event. The approval (50% +1) will be recorded as an official motion and documented in the MNBC Annual General Meeting minutes. 3.6 Finalization and Monitoring 3.6.1 Approval Upon finalization of the Consultation Report and Adequacy Analysis the appropriate level of decision maker will be provided with the information and technical resources required to facilitate approval or denial. The following sections will highlight the various levels of decision-making authority that can be employed for approvals. 3.6.1.1 MNBC Board of Directors The MNBC Board of Directors can be used for approval authority on small to medium scale projects that affect three or more MNBC Regions. This approval is in the form of an official MNBC Board motion that is recorded in the meeting minutes. This institution consists of a president, vice-president, seven regional directors, women’s chair and a youth chair. 3.6.2 Monitoring The MNBC Ministry of Natural Resources or where appropriate, the MCPT, will monitor all mitigative measures highlighted in the approved consultation report. This monitoring activity will identify the level of compliance and the effectiveness of the process. The results of this monitoring will be documented in a report that will be submitted to MNBC and the proponent. 3.6.1.2 Regional Governance Councils The Regional Governance Councils can be used for approval authority on small to medium scale projects that affect over 50% of the Métis Communities within their respective MNBC Region. This approval is in the form of an official Regional Governance Council motion that is recorded in the meeting minutes. This institution consists of the elected Regional Director (as Chair), regional youth representative, regional women’s representative and the Métis Chartered Community Presidents of that MNBC Region. 4.0 Enactment These Consultation Guidelines will be effective February 25, 2009, (18:56 hrs.) and will be circulated as part of MNBC’s consultation initiative. The Consultation Guidelines, requirements, reporting Guidelines and related forms will be made available on the MNBC website: http://www.mnbc.ca. 3.6.1.3 Métis Chartered Community The Métis Chartered Community can be used for approval authority on small to medium scale projects that affect that community only or less than 50% of the Métis Chartered Communities are affected in the MNBC Region. However, if less than 50% of the Métis Chartered Communities are affected in the MNBC Region it will require multiple approvals. The approval(s) will be supplied, by official letter, from the Community Executive. These institutions consist of community elected leaders usually a president, vicepresident and directors. Contacts for MNBC consultation process are as follows: Director of Natural Resources Métis Nation British Columbia (604) 801-5853 Fax: (604) 801-5097 8 March 2009 Version 1.0 MNBC is approached on a consultative issue by either government or industry. MNBC appoints a Métis Consultation Project Team (MCPT). Consists of MNBC and BCMANR. MNBC evaluation includes: • Listing of significant historic sites or areas • Traditional land-use inventory • Identification of effected Chartered Métis Communities MCPT conducts a comprehensive review of : • What is the potential impact to a historic resource of central significance to the Métis? • What is the potential impact to a traditional landuse area • Identify potentially adversely impacted Métis The MNBC will send the requirements for the consultation to the proponent and the relevant Chartered Métis Communities. The MNBC will also notify all other relevant parties via the consultation webpage on the MNBC website (http://www.mnbc.ca The MCPT will carry out the consultative phase and submit a final report summarizing all of the results. Copies of this report will be submitted to the MNBC and the proponent. The MNBC and the proponent review the report and determine its completeness. The MNBC will also involve the various Chartered Métis Communities to ensure satisfaction at this level. The MNBC seeks the various levels of authority to officially supply the appropriate level of acceptance, these may include: • MNBC Board of Directors • Regional Governance Council • Chartered Métis Community Executive • Métis Nation Governing Assembly • MNBC Annual General Assembly 9 The MCPT will monitor the mitigative procedures highlighted in the approved consultative report to identify the level of compliancy and effectiveness of the process. A small summary report will be supplied to the MNBC and the proponent. March 2009 Version 1.0 Métis Traditional Knowledge Policy March 19, 2009 Table of Contents Table of Contents...................................................................................................................................................10 1.0 Introduction......................................................................................................................................................11 1.2 MNBC Commitment to Traditional Knowledge.........................................................................................11 2.0 Metis Traditional Knowledge – Guiding Principles........................................................................................11 3.0 Scope of the Policy..........................................................................................................................................12 3.1 Definitions....................................................................................................................................................12 4.0 Authority and Accountability...........................................................................................................................13 4.1 Métis Nation BC..........................................................................................................................................13 4.2 MNBC Ministry of Natural Resources........................................................................................................13 5.0 Periodic Review...............................................................................................................................................13 Schedule A Research Agreement Framework ......................................................................................................14 Schedule B Essential Elements.............................................................................................................................16 10 March 2009 Version 1.0 1.0 Introduction British Columbia Métis recognize and value the fact that our aboriginal ancestors have been living on the land for many millennia. Métis as a unique culture, derived from the combining of aboriginal and non-aboriginal cultures, continue to live from the land. This connection to the land has provided Métis with an extensive body of knowledge, values, beliefs and practices that is often referred to as traditional knowledge. This knowledge, which has been passed down orally and through landbased experience, is the foundation of Métis identity and survival. Métis Traditional Knowledge (MTK) continues to have relevance in current times and draws its’ strength from being used, adapted and continuously updated to take into consideration new knowledge. Métis, as a mixed culture, have a traditional knowledge set that is unique from other aboriginal groups. Métis hold this knowledge in trust for future generations in the belief that this knowledge is of benefit to Métis and to non-aboriginal society. Métis believe the best way to ensure the survival of MTK is to continue to use it and share it in a matter that respects this knowledge and our knowledge holders. 1.2 MNBC Commitment to Traditional Knowledge Whereas British Columbian Métis, as represented by the Métis Nation BC, are the holders of Métis Traditional Knowledge in British Columbia and, Whereas the Métis Nation BC’s role is to represent its citizens and chartered communities on all matters that will impact the rights and intellectual property of Métis people, including the protection and promotion of Métis Traditional Knowledge; and, Whereas the Métis Nation BC is responsible for ensuring that the cultural and economic relationships between Métis and government recognize the Métis way of life; Whereas the Métis Nation BC is responsible for negotiating self-government arrangements on matters including culture, heritage and language; and, Whereas the 2008 Métis Nation BC - Annual General Meeting passed into legislation the Métis Nation BC Natural Resource Act and the Act authorizes the MNBC Ministry of Natural Resources to develop a policy on Métis Traditional Knowledge that would bring clarity to Métis ownership and control of Métis Traditional 11 March 2009 Version 1.0 Knowledge; Therefore Métis Nation BC hereby commits to take a lead role in the management of Métis Traditional Knowledge issues in the British Columbia by monitoring and guiding the collection, use and distribution of Métis Traditional Knowledge. In taking on this role, the Métis Nation BC will work to ensure that Métis Traditional Knowledge is used ethically and safeguarded for future generations to the benefit of Métis and other cultures. 2.0 Metis Traditional Knowledge – Guiding Principles The Métis Nation BC will manage Métis Traditional Knowledge issues in British Columbia in a manner that will: • Allow future generations to benefit and learn from Métis Traditional Knowledge, • Ensure that informed consent occurs between Métis knowledge holders, researchers and Métis Traditional Knowledge Users in the process of research or MTK use, • Assist Métis to restore and maintain control over the use of Métis Traditional Knowledge, as cultural and heritage resources recognizing that they are the owners and stewards of these resources, • Encourage appropriate sharing of Métis Traditional Knowledge with others, • Ensure the participation of Métis chartered communities in Métis Traditional Knowledge research activities including reporting back to the communities the results of research activities in an appropriate manner and format, • Ensure respect for Métis Traditional Knowledge holders and ethical use of Métis Traditional Knowledge in research, giving it an equal standing with western based knowledge, • Ensure that researchers conducting projects in the British Columbia that use Aboriginal Traditional Knowledge give equal weight to Métis Traditional Knowledge, • Support the use and preservation of Métis languages • Supports the ethical use and application of Métis Traditional Knowledge in heritage, renewable and nonrenewable resource management in the British Columbia. 3.0 Scope of Policy The policy applies to the following Métis organizations and in the Province of British Columbia: • Métis Nation BC and it’s Ministries; • Métis Nation BC Chartered Communities; • Métis Nation BC Citizens, and • Métis Service Providers. 3.1 Definitions Informed Consent - is a statement or oral agreement between the participant and a researcher (Principal Investigator) that outlines the nature of the research, and the manner in which the information the participant is providing can be used and accessed. Such consent must be given freely prior to research commencing. The essential elements contained in an Informed Consent Statement can be found in Schedule “B”. Métis Traditional Knowledge (MTK) - is that body of information, values, beliefs and practices passed from one generation to another by oral means or through landbased experience that pertains to the identity, culture and heritage of the Métis people and their respect for the land and its resources. Métis Traditional Knowledge Holder - are Métis persons who are known, or come to be known, by the Métis citizens of Métis Nation BC and/or its’ chartered communities to possess Métis Traditional Knowledge. Holders of Métis Traditional Knowledge should be clearly acknowledged for any traditional knowledge they have shared with researchers. Métis Traditional Knowledge User - Anyone using, any part of Métis Traditional Knowledge, in any manner. Research - is an endeavor to study, diligently search for, and obtains knowledge through use of a systematic approach with the intent of clarification. This includes activities that attempt to discover new facts, information, or new applications to existing knowledge. It also includes activities to revise or substantiate existing theories. Research can include, but not be limited to, Basic Research, that is, a curiosity driving activity that has the purpose of discovery and the advancement or knowledge; or Applied Research, which aims to discover the best ways of using this knowledge in the process or a profession, policy development or a way of life. Research can be conducted using qualitative, that is, a belief that theory should be grounded in the day-to-day realities of the people being studied, or quantitative, that is, methods that use numerical or statistical methodology. Research methodology can include primary and secondary research. Primary research is information gathered by interacting with people through meetings, interviews, observation, focus groups or surveys. Secondary research is information gathered through literature reviews, publications, broadcast media and the use of other non-human sources. Research Agreement - is a contract entered into between the Métis Nation BC (or a Designated Métis Organization) and a researcher that outlines the conditions for the conduct of research on Métis Traditional Knowledge in the British Columbia. Researcher - is any person, agency, institution of public government, government body or a public or private organization proposing a research project on Métis Traditional Knowledge in British Columbia. 4.0 Authority and Accountability 4.1 Métis Nation BC • MNBC Legislation known as the MNBC Natural Resource Act authorizes the Métis Nation BC - Ministry of Natural Resources to implement this policy on behalf of the Métis Nation BC, • Represents the rights and interests of the Métis Nation BC chartered communities and citizens on any matters arising that will promote and protect Métis Traditional Knowledge, • Ensures that the Ministry of Natural Resources has the resources required to manage and apply this policy. 4.2 MNBC Ministry of Natural Resources • Review all requests for Consultation (as per Haida / Taku - Duty to Consult), • Review all requests for access to Métis 12 March 2009 Version 1.0 Traditional Knowledge and Knowledge qualified Métis Traditional Holders, Knowledge holders in specific • Ensure “Informed Consent” of MTK holders topic areas and have interest in working with researchers, has been completed before the research proceeds, • Educate elders, MTK holders and other • Ensure that research has gone through an beneficiaries about their individual rights with ethical review process before research begins, respect to their participation in all research, including Métis Traditional Knowledge • Ensure that a plain language description of the research, and project is provided to the community in which the research is proposed, • Recover costs related to the provision of • Monitors Métis Traditional Knowledge information to researchers, wherever possible. projects, studies and other initiatives inside • Métis Nation BC reserves the right to enter and outside the British Columbia to improve into research agreements to collaborate with general understanding of the methodology of researchers for proposed Métis Traditional incorporating Métis Traditional Knowledge Knowledge research or other socio-cultural research in the British Columbia (see Schedule into education, environmental assessment, heritage management and land, water and A). resource management and planning, 5.0 Periodic Review • Participate in the on-going exchange of information about Métis Traditional Knowledge The Traditional Knowledge Policy will be reviewed research and development and its incorporation subsequent to any self-government agreements which into decision-making, might affect the management of cultural and heritage • Identify areas where Métis Traditional resources. Knowledge can be successfully incorporated into the design or delivery of Métis Nation BC governance and Board of Directors decisionmaking, • Develop guidelines for researchers seeking to conduct research on Métis Traditional Knowledge in British Columbia that reflect the values and traditions of Métis as expressed through this policy, • Encourage the use of collaborative research methods in Métis Traditional Knowledge and Scientific research, • Communicate the objectives of this policy and its guidelines to all Métis organizations, government departments/ministries, researchers, and institutions of public government identified within British Columbia and where appropriate within the Métis Homeland, • Provide the Métis Nation BC with advice on all matters which fall within the scope of this policy, • Work to identify Métis individuals who are 13 March 2009 Version 1.0 Date of Agreement: Principal Investigator: Name: Address: Telephone: Fax: Email: Associated Institution: Name: Address: Telephone: Fax: Email: Project Title: Ethical Review Conducted: Yes ___ No ___ If yes, provide written proof from University Committee, SSHRC, NSERC etc. If no, detail steps that will be taken to obtain Ethical Review: Copy of Informed Consent Statement using Schedule “B” as a template is attached: Yes ___ No ___ List purpose, goals and objectives of this Research Project: List sources of funding obtained: Detail benefits to community (education, training, employment, capacity building): Detail research methodology to be used: 14 March 2009 Version 1.0 Detail any Ownership Agreements for Data Collected: Detail how data will be accessed in future and any storage agreements: Detail methods of consulting with and communicating results to community members during and after the project: Detail how you propose to incorporate Metis Traditional Knowledge into the research: Detail how confidentiality will be maintained during and after this project if requested: Detail any Media Relations Agreement: Termination: Statements: The Principle Investigator agrees that any copies of future publications, reports or products of the research will be forwarded to the Métis Nation BC – Ministry of Natural Resources. The Principle Investigator acknowledges receipt of a copy of the document entitled “Working with Métis Traditional Knowledge in British Columbia” and agrees to abide by all guidelines contained therein. The Principle Investigator indemnifies and saves harmless the Métis Nation BC it’s chartered communities and citizens from any liability and hereby waives any legal claim against it for any event that might occur during the course of the project. Signature of Principle Investigator: Signature of Métis Nation BC designate: Copies of this form must be submitted to both of the following: Métis Nation BC Director of Natural Resources gducommun@mnbc.ca http://www.mnbc.ca March 2009 Version 1.0 #905-1130 West Pender Street Vancouver BC V6E 4A4 Phone: (604) 801-5853 fax. (604) 801-5097 15 1. Identify interviewer (name, company/university they represent); 2. Date; 3. Identify interviewee (name and any affiliation); 4. Identify community of interviewee as well as community where interview is taking place; 5. Brief statement about goals/rationale of project and specifically, what the interviewer wants from the interviewee and why; 6. Identify what this information will be used for; 7. Identify who will benefit from this information; 8. Identify who will be using this information; 9. Identify who will have access to the information; 10. Identify how this information will later benefit the interviewee, their community and Métis Nation BC and future generations of that community/nation; 11. Identify what the interviewer is gaining from this information (i.e. University degree, Government contract, etc. – If payments for future sales of information in book form, where proceeds will go from the sale of this information, etc.) 12. Indicate if information is to be recorded, either by audiotape or videotape and if so, what is to be done with this tape, where will this information be stored, how many copies of the information will be made, who will have access to this recorded information now and in the future; 13. Does the interviewee want to be cited or credited for any information being given? If yes, cited in general (such as in a bibliography) or specifically (such as at the end of all quotes). If no, does the interviewee want a pseudonym created and used? If not cited, the interviewer must assure confidentiality of all information received. This point is crucial in traditional knowledge collection; 14. Crucial to informed consent is the clause that the interviewee understands that they do not have to answer any questions they do not want and that they can stop the interview at any time; 15. Assure that a draft of information collected will be presented again, either personally or in a community forum for verification and any suggestions at that time will be considered and incorporated into the final report; 16. Copy of the report will be forwarded to interviewee when available, or alternatively to Métis Nation BC when available; 17. Ensure that written consent is given to the above elements once it has been read and explained in English or in one of the Métis languages (Cree, Michif or Chinook Jargon); Alternatively, if the interviewee does not read or write, the Consent Statement should be read to them in English, and/ or in one of the Métis languages (Cree, Michef or Chinook Jargon), any questions answered and a verbal consent recorded on tape. Any exceptions to the above should also be noted in the Consent Statement. Métis Nation BC - Traditional Knowledge Research Guidelines The Métis Nation BC Traditional Knowledge Research Guidelines fall under the Métis Nation BC Traditional Knowledge Research Policy. These guidelines may be reviewed and amended from time to time by the MNBC Ministry of Natural Resources and must be approved by the Métis Nation BC –BCMANR Captains Assembly. Current Guidelines will be posted to the Métis Nation BC web site. The Métis Nation BC will, in accordance with the policy, provide these guidelines to all researchers proposing to work on Métis Traditional Knowledge research or working on other issues related to Métis in Traditional Knowledge in British Columbia or the Métis Homeland where it affects Métis Nation BC. The Métis Nation BC will review all research permit applications for compliance with these policy guidelines prior to providing advice to the responsible permitting authority. Research Licensing All persons proposing to do research on Métis Traditional Knowledge in British Columbia must obtain the appropriate authorizations pursuant to provincial statutes. Researchers are advised to consult and review the “Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans” available at http://www.ethics.ubc.ca/code Collaborative Research Methodologies Métis Nation BC supports and encourages the use of collaborative research methodologies in all research activities related to Métis Traditional Knowledge in the British Columbia and the Métis Homeland. Collaborative research methodologies enable the researcher and research participants to use Métis Traditional Knowledge appropriately throughout the research process and ensure that the project is completed to the satisfaction of all the parties. Collaborative research methodologies imply that wherever possible, the research project supports community capacity building, including education, research training and employment 16 March 2009 Version 1.0 opportunities for local residents. To encourage collaborative research methodologies, Métis Nation BC will ensure that, when appropriate, an existing community advisory body (for example, Elders Councils, BCMANR) is identified for the researcher. The advisory body will establish an appropriate framework with the researcher for consultation and advisory support throughout all stages of the project. All reasonable expenses of the Advisory Body are the responsibility of the researcher. Métis Languages Researchers should ensure that they use and apply the appropriate Métis language or dialect when working in the Cree and Mechif languages and Chinook Jargon of the Métis people. For research of a regional nature, languages should be properly represented in research reports or products of research in order to ensure both respect and effective communication. Research Agreements Except as otherwise agreed, a researcher must have concluded a valid research agreement with Métis Nation BC setting out the rights and obligations of the parties for which the Métis community and Métis Traditional Knowledge Holders’ collaboration is being sought. Without limiting their generality, the terms and conditions in the agreement must include those matters set out in Schedule ‘A.’ Compensation All holders of Métis Traditional Knowledge should be compensated for their time working with researchers. Compensation can be in the form of a cash payment, an in-kind contribution or a fair exchange (gas, food, etc.). Compensation will be determined between the researcher and the holder of Métis Traditional Knowledge. Where Métis Traditional Knowledge is being use to complement westernbased science research, MTK holders should be compensated at a rate that is comparable to the rates charged by scientists and biologists. Métis Nation BC holds the view that MTK is a land based data set that is of equivalent value. Researchers should inform the Métis Nation BC how they plan to compensate Métis Knowledge holders. Métis Nation BC will provide the most current Rate Schedule upon request. Confidentiality Métis Nation BC, Métis community and Métis Traditional Knowledge Holders’ must be informed about the degree of confidentiality that will apply to the information they provide before the research process starts. Methods of ensuring confidentiality must be approved prior to any research. Reporting Back to the Community Ownership and Use of Métis Traditional Knowledge Information As part of the follow-up process, all researchers working with Métis Traditional Knowledge should return to the community to present the findings of their research. Research results should be presented or displayed in the Métis chartered communities or at the Métis Nation BC Annual General Meeting in culturally relevant and creative ways. Ownership and use of information must be negotiated between the researcher and Métis Nation BC prior to the commencement of the research process and contained in the research agreement. Copies of research materials and final products including relevant field notes, photographs or slides, audio tapes, video tapes, maps, archival materials, reports, journal articles, manuscripts, or books resulting from Métis Traditional Knowledge research must be provided to the Métis Nation BC Ministry of Natural Resources within 60 days of the completion date of the research or as otherwise stipulated in the Research Agreement. Quotations and other oral, written and pictorial contributions of those people or group of people who provide Métis Traditional Knowledge information must be acknowledged in any report or publication that may arise out of the research project. Direct references must be cited for Métis Traditional Knowledge holders, persons or groups who provide information that is recorded and then used in a report, providing consent to do so has been obtained. The product of the research containing or derived from Métis Traditional Knowledge must be reviewed by the Métis Nation BC and affected chartered community before distribution to a third party. The product will be reviewed within 30 days of receipt. If verification of information is required, this time frame must be negotiated. The review and/ or verification process is meant to provide Métis Nation BC and the chartered community with an opportunity to comment on the findings, identify gaps and make corrections before the research is made public. March 2009 Version 1.0 17 Métis Traditional Knowledge (Land Use) 18 March 2009 Version 1.0 Métis Nation BC Consultation Guidelines Official Notification of Consultation For use by Métis Chartered Community to respond to Project Proponent requests for Consultation Proponent Name: ________________________________________________________ Company or government agency that is proposing the activity Project: ________________________________________________________________ Project name and location This correspondence will serve to inform you of the requirement for consultation with Métis Nation BC and our Métis Chartered Community. Métis Consultation in this project is required to address the potential impact of the proposed activity on Métis Rights and Traditional Land Use. Métis Consultation will be coordinated by Métis Nation BC through the MNBC Ministry of Natural Resources. The MNBC Director of Natural Resources contact information is included at the bottom of this page. Métis Chartered Community: _______________________________________________ Community representative: _________________________________________________ Send to: Project Proponent Send a copy To: Director of Natural Resources Métis Nation BC 905 - 1130 West Pender Street Vancouver, BC V6E 4E4 Fax: (604) 801-5097 gducommun@mnbc.ca March 2009 Version 1.0 19 20 March 2009 Version 1.0 Métis Nation BC Consultation Guidelines Official Notification of Consultation For use by MNBC Métis Chartered Community Métis Chartered Community: _______________________________________________ Contact Person at Community: ______________________________________________ Phone Contact number: ____________________________________________________ Email contact: ___________________________________________________________ Project: ________________________________________________________________ Please provide project name if known Location: ______________________________________________________________ Where the project will be occurring Proponent Name: ________________________________________________________ Company or government agency that is proposing the activity Type of Activity: ________________________________________________________ Mine, road, or other development or Government regulation, policy or activity that affects Métis Timeline: ______________________________________________________________ When is the activity to occur include any dates for public or community meetings? Send to: Director of Natural Resources Métis Nation BC 905 - 1130 West Pender Street Vancouver, BC V6E 4E4 Fax: (604) 801-5097 March 2009 Version 1.0 21 22 March 2009 Version 1.0 Métis Nation BC Consultation Guidelines Official Notification of Consultation For use by Project Proponent Proponent Name: ________________________________________________________ Company or government agency that is proposing the activity Project: ________________________________________________________________ Please provide project name Location: ______________________________________________________________ Where the project will be occurring Contact Person (proponent): ________________________________________________ Phone Contact number: ____________________________________________________ Email contact: ___________________________________________________________ Type of Activity: _________________________________________________________ Mine, road, or other development or Government regulation, policy or activity that affects Métis Timeline: ______________________________________________________________ ____________________________________________________________________________ When is the activity to occur include any dates for public or community meetings? Métis Chartered Community: _______________________________________________ Have you been in contact with a community representative? Community Contact Name: _________________________________________________ Send to: Director of Natural Resources Métis Nation BC 905 - 1130 West Pender Street Vancouver, BC V6E 4E4 Fax: (604) 801-5097 March 2009 Version 1.0 23 24 March 2009 Version 1.0 “Métis Traditional Knowledge is that body of information, values, beliefs and practices passed from one generation to another by oral means or through land-based experience that pertains to the identity, culture and heritage of the Métis people and their respect for the land and its resources.” for more information on BCMANR and Consultation go to http://www.mnbc.ca/bcmanr/bcmanr.html
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