Comments on: Aboriginal consultation and renewable energy approvals

By: DSS

DSS — Fri, 13 Nov 2009 22:52:20 +0000

Two clarifications:
1. the six month service guarantee is a promise, but it's not law, and not enforceable.
2. It doesn't start running until the Ministry posts the application on its registry, not just when the application is filed.
Thanks for all the interest in this post.
Have a great weekend.

By: Craig Candler

Craig Candler — Thu, 12 Nov 2009 02:36:53 +0000

Interesting. A similar system (180 day timeline, somewhat open ended delegation of procedural consultation duties to proponents by the Crown, often with lengthy lists of Aboriginal interests to be consulted) has been in place here in BC for several years and, while there are many areas for improvement, it at least seems to work some of the time. The appearance of speed in decision making is a bit of an illusion as the 180 day timeline commitment does not include the years of effort it often takes to prepare a 'complete' EA application, and to conduct consultation with relevant communities. In BC and elsewhere, high quality cultural land use studies can be critical for providing a firm evidentiary basis for understanding the level of consultation, and where warranted, accommodation that may be considered 'adequate' in a given situation. Where a reasonable process is followed, with good research, and proponents, communities, and regulators that are actually listening to each other and looking for meaningful, sustainable solutions, there is hope.

By: DSS

DSS — Wed, 11 Nov 2009 23:34:08 +0000

Thank you, Craig. I agree on both points: yes, the timeline is a bit of an illusion, and yes, there is hope for the process to work. Funding for the consultations will probably also be expected.
Best wishes
Dianne