Joint Operating Procedures of the ACO and AER. Regan Smith, Manager, Aboriginal Engagement, Alberta Stakeholder Engagement September 24, 2015
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1 Joint Operating Procedures of the ACO and AER Regan Smith, Manager, Aboriginal Engagement, Alberta Stakeholder Engagement September 24, 2015
2 First Nations Consultation The Government of Alberta (GoA) requires consultation on all applications under the specified enactments. The Aboriginal Consultation Office (ACO) determines the level of consultation required. The Alberta Energy Regulator (AER) cannot assess adequacy of consultation. 2
3 ACO-AER Interaction Ministerial order directs the AER on decisions relating to First Nations consultation (specified enactments only) The application supplement was released July 1,
4 ACO-AER Interaction The Joint Operating Procedures for First Nations Consultation on Energy Resource Activities defines how the ACO and AER will administer and coordinate their operations; was approved by the ACO and AER on December 10, 2014; and was released June 10,
5 Levels of Consultation The ACO uses The Government of Alberta s Guidelines on Consultation with First Nations on Land and Natural Resource Management to determine consultation requirements. Questions about consultation requirements should be directed to the ACO. 5
6 Consultation Requirements: Public Versus Private Land Public lands Consultation required as outlined in the guidelines Private lands Refer to the Government of Alberta s consultation guidelines, pp
7 Consultation Requirements: Public Versus Private Land On private lands where First Nations have no right of access for traditional activities, the GoA will not assess the adequacy of consultation. Questions about consultation requirements should be directed to the ACO. 7
8 Making Decisions on Specified Enactment Applications The ACO must confirm the adequacy of consultation before the AER will issue a decision: consultation is required and adequate consultation is not required activity is listed in appendix C and does not require consultation decision from ACO AER staff must verify activity in appendix C 8
9 Making Decisions on Specified Enactment Applications If the application does not clearly outline the level of consultation that was done, the company will be directed to ACO for a decision on the adequacy of consultation. 9
10 Adequacy and ACO Report The AER decides on an application after the ACO issues the consultation report. The ACO report contains an adequacy assessment and advice on actions to mitigate potential impacts. 10
11 Adequacy and ACO Report The ACO will rely on the AER s regulatory system to mitigate any project impacts to treaty rights and traditional uses, if required. 11
12 Application Supplement on First Nations Consultation Since July 1, 2015, an application supplement is required after the ACO has made a decision on whether First Nations consultation was required. The application supplement forms part of specified enactment applications to the AER. 12
13 Applications in Transition Applications received before July 1, 2015, do not require the application supplement. 13
14 Applications in Transition Applications received after July 1, 2015, require an application supplement. 14
15 Where can I find more information? The Government of Alberta's Guidelines on Consultation with First Nations on Land and Natural Resource Management Joint Operating Procedures for First Nations Consultation on Energy Resource Activities 15
16 Where can I find more information? The AER and ACO have updated the Joint Operating Procedures at various times this year to make the requirements more clear. These changes are documented in AER bulletins , , and
17 Where can I find more information? FAQs Aboriginal Relations website 17
18 Questions? 18
19
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