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21
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Filing requirements for Offshore Drilling in the Canadian Arctic
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2014
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Resource Development
|
Government
|
Canada - National Energy Board
|
Outline filing requirements to NEB.
|
Regulation
|
|
Involvement of those affected by outcomes
|
Government. Local communities, Indigenous peoples
|
Consultation
|
Adequate consultation
|
Planning of project
|
Consultation - with anyone affected by proposed projec, extent will depend on nature and scope of project. Identification of local perspectives and issues Reporting - of consultation and efforts to respond to comments and concerns and influenc eon the decision or operation of the project
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|
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021_Filing Requirements for Offshore Drilling in the Canadian Arctic.pdf
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22
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National Energy Board Act
|
1985
|
Resource Development
|
Government
|
Canada
|
Board response for decision-making concerning energy development in Canada
|
Law
|
|
Involvement in decision-making of board
|
Government. Local communities, Indigenous peoples
|
Statutory obligations
|
|
Pre-approval process
|
s.24 - before the Board with respect to the issuance, revocation or suspension of certificates or for leave to abandon the operation of a pipeline shall be public. s.35 - Hold a public hearing and allow anyone who has submitted a written statement to be heard before the Board. s.38 - notice of decision from board. s.55.2 On an application for a certificate, the Board shall consider the representations of any person who, in the Boardƒ??s opinion, is directly affected by the granting or refusing of the application, and it may consider the representations of any person who, in its opinion, has relevant information or expertise. A decision of the Board as to whether it will consider the representations of any person is conclusive.
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Public hearing, Notice of decision, Represnetative
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|
|
|
022_National Energy Board Act CanadaN-7.pdf
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|
23
|
Fostering Partnerships: Building Relationships
|
2013
|
Resource Development
|
Government
|
Canada
|
Contribution to discussion on Canadian-Aboriginal relations in context of west coast energy infrastructure projects.
|
Report
|
|
|
Government. Local communities, Indigenous peoples
|
Relationship building, Collaboration, Dialogue, Cultural awareness, Consultation, Participation
|
Reconciliaiton, inclusion, trust
|
Planning of project, Throughout operations, Progress feedback
|
S.35 of CA1982 is engaged when Crown contemplates conduct that may adversely impact potential or established Aboriginal or treaty rights. Interpretation is contextual (p.34). Cabinet directive 'whole of government' approach - applicable regulatory authority responsible for coordinating consultation.
|
Foundation of trust, built on constructive dialogue, understanding interests, and a commitment to find solutions. Should promote a principled dialogue about resource development with Aboriginal communities in Alberta and British Columbia. This can be accomplished, in conjunction with provincial and local governments and industry, by convening conferences, workshops, and community forums to improve knowledge about the energy sector and major projects. Canada should collaboratively participate in regional planning with provincial governments, Aboriginal communities, local governments, and other stakeholders to effectively assess cumulative effects and encourage sustainable development. Canada should establish a joint initiative with Aboriginal groups for environmental stewardship and habitat enhancement to address concerns about cumulative effects of major resource projects. Support inclusion in management and response planning, training and coordination and assisting in the acquisition of equipment and infrastructure of Aboriginal communities for monitoring and emergency response. Consultation - Canada needs to adopt a broader approach rather than strictly satisfying the legal duty if it hopes to obtain greater Aboriginal support for projects. Would involve identifying and balancing competing claims, interests and ambitions prior to commencement of regulatory processes. Engagement - necessary for relationship-building and furthering process of reconciling Aboriginal interests with Caandians. Recommends engaging outside consultaiton process. Crown - For major projects, Canada should develop a federal framework and timeframe for Crown engagement with Aboriginal groups. This framework will ensure that engagement is implemented in a consistent manner across all federal departments and agencies. Define and articulate roles of Crown and industry with respect to dury to consult. Canada should take steps to negotiate non-treaty, government-to-government arrangements such as consultation protocols, incremental treaty measures, and reconciliation agreements with Aboriginal groups, independent of or in collaboration with British Columbia.Action - use of working groups to advance open and practical dialogue on issues and interests
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|
|
The concept of ƒ??engagementƒ? is distinct from ƒ??consultationƒ?. The term consultation is based in the body of law dealing with Aboriginal and treaty rights and relates to the Crownƒ??s duty to consult whereas engagement refers to a more general concept of support and relationship-building between the parties (p.35). Key observations: ƒ?½ Canada and Aboriginal communities need to build effective relationships and this is best achieved through sustained engagement,
ƒ?½ Aboriginal communities view natural resource development as linked to a broader reconciliation agenda,
ƒ?½ Aboriginal communities will consider supporting natural resource development if it is undertaken in an environmentally sustainable manner, and
ƒ?½ these projects would contribute to improving the socio-economic conditions of Aboriginal communities.
|
023_ForgPart-Online-e.pdf
|
|
24
|
North Slope Borough Oil Spill Workshop
|
2012
|
Response
|
Government
|
NOAA
|
Oil Spill response workshop and community involvement
|
Report
|
|
Inclusion of local communities in oil spill response solutions.
|
Government. Local communities, Indigenous peoples
|
Traditional knowledge, Consultation, Dialogue, Trust, Collaboration, Information sharing
|
Balanced information sharing,
|
Planning of plans, Implementation
|
|
Build local spill response capability
- Incorporate local community and Inupiaq traditional knowledge (subsistence and ecological status) into tools and ensure community oversight in its uses
- Determine baseline conditions of species and habitats likely to be affected by oil spills
- Begin restoration planning now, involve locals (e.g., Northwest Arctic Borough, local emergency planning committee (LEPCƒ??s), Economic Development Commissions (EDCs) and planning Commission in developing specific project ideas) - improving communication and balance of information sharing with data being collected by agencies should be returned (p.10). Train local responders. 2 way communication: Community members and officials want to learn more about NRDA and associated activities. Suggested mechanisms to facilitate this communication include: radio, face-to-face meetings, television, Twitter, and Facebook. Coordination with co-management groups, planning, public safety, and cultural committees, tribal and municipal governments, the regional Elders Council, and other regional entities will enhance communications and facilitate building trust between agencies and communities. Formal consultations with tribal entities are also required. General Recommendations: Build local spill response capability and involve locals in NRDA process, Share plans and educate local communities and agencies on spill issues, Incorporate local community and Inupiaq traditional knowledge (subsistence and ecological status) into tools and ensure community oversight in its uses, Expand public communication mechanisms during spill response and assessment, Determine baseline conditions of species and habitats likely to be affected by oil spills, Begin restoration planning now, involve locals in developing specific project ideas.
|
|
|
|
024_NorthSlopeBorough_workshop_report_FINAL_appendix (1).pdf
|
|
25
|
Northwest Arctic Borough Oil Spill Workshop - Appendices
|
2012
|
Response
|
Government
|
NOAA
|
Oil Spill response workshop and community involvement - responses from workshop goers
|
Report
|
|
Inclusion of local communities in oil spill response solutions.
|
Government. Local communities, Indigenous peoples
|
Dialogue, Inclusive, Information sharing, Cultural awareness
|
Information sharing
|
Planning of plans, Implementation
|
|
Keeping things as local as possible for response helps (allowing locals to be involved, even in charge) and in doing so having an inventory of what the community has for equipment will help. Making sure community is in the loop no matter what the assumptions are about the path of oil or impacts is key. Suggested BP for community involvement in evaluating effects: (p.55-56) Person to person conversations, Get permission to ask locals questions, continuous communications (even before lease signing), Permission from local communities for use, Respect for the subsistence use of respirces, develop local response and resources, training, infrastructure and equipment, provide support while responding, note differences between communities and whether it is better to talk to individuals or city or tribe.
|
|
|
|
025_NWAB_workshop_report_appendices (1).pdf
|
|
26
|
Guideliens for Coordination and Consultation with Federally Recognized Tribes
|
2014
|
Response
|
Government
|
Alaska Regional Response Task Force
|
Build upon existing individual agency tribal coordination and consultation guidance, ensure tribal input is part of activities and decision-making
|
Guidelines
|
|
|
Government. Local communities, Indigenous peoples
|
Consultation, Collaboration, Government-to-government
|
government-to-government consultation
|
Planning of plans
|
government-to-government consultation (EO 13175). S.300.115(d) of NCP
|
AART seek to identify opportunities to reach out - meeting notice (website & email), teleconference services, meeting summaries, newsletters, letters and emails, information sessions - aims for communication, education and outreach. government-to-government consultation b/w appropriate tribal officials and agency representatives to promote communication (open & transparent), trust, respect and shared responsibility. Tribal representation on AART
|
|
|
|
026_ARRT Tribal Guidance Final 4-15-14.pdf
|
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27
|
Guiding principles on business and human rights
|
2011
|
General
|
Government - International
|
UN
|
Role of the state in ensuring human rights are not being violated by business
|
Guidelines
|
|
|
International organizations, Industry, Government, Local communities, Indigenous peoples
|
Statutory obligations
|
These Guiding Principles are grounded in recognition of: (a)Statesƒ?? existing obligations to respect, protect and fulfil human rights and fundamental freedoms, (b)The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights, (c)The need for rights and obligations to be matched to appropriate and effective remedies when breached
|
Planning of plans
|
|
State - Uphold laws, provide assistance to businesses, policy coherence, Businesses - respect human rights, appropriate policies and enterprises, gauge potential impact on human rights (impact assessment), Remedy - provide access to remedy
|
|
|
|
027_UN_GuidingPrinciplesBusiness_2011.pdf
|
|
28
|
Principles & Guidelines for the Protection of the Heritage of Indigenous People
|
1995
|
General
|
Government - International
|
UN
|
Protection of heritage of indigenous peoples
|
Guidelines
|
|
|
Government, local communities, indigenous peoples
|
Cultural awareness, Self-government
|
1. The effective protection of the heritage of the indigenous peoples of the world benefits all humanity. Cultural diversity is essential to the adaptability and creativity of the human species as a whole.
2. To be effective, the protection of indigenous peoples heritage should be based broadly on the principle of self-determination, which includes the right and the duty of indigenous peoples to develop their own cultures and knowledge systems, and forms of social organization.
3. Indigenous peoples should be recognized as the primary guardians and interpreters of their cultures, arts and sciences, whether created in the past, or developed by them in the future.
4. International recognition and respect for indigenous peoples' own customs, rules and practices for the transmission of their heritage to future generations is essential to these peoples' enjoyment of human rights and human dignity.
5. Indigenous peoples' ownership and custody of their heritage must continue to be collective, permanent and inalienable, as prescribed by the customs, rules and practices of each people.
6. The discovery, use and teaching of indigenous peoples' knowledge, arts and cultures is inextricably connected with the traditional lands and territories of each people. Control over traditional territories and resources is essential to the continued transmission of indigenous peoples' heritage to future generations. and its full protection.
7. To protect their heritage, indigenous peoples must control their own means of cultural transmission and education. This includes their right to the continued use and, wherever necessary, the restoration of their own languages and orthographies.
8. To protect their heritage, indigenous peoples must also exercise control over all research conducted within their territories, or which uses their people as subjects of study.
9. The free and informed consent of the traditional owners should be an essential precondition of any agreements which may be made for the recording, study, use or display of indigenous peoples' heritage.
10. Any agreements which may be made for the recording, study, use or display of indigenous peoples' heritage must be revocable, and ensure that the peoples concerned continue to be the primary beneficiaries of commercial application.
|
Planning of plans
|
|
Respect and use of traditional methods: In the event of a dispute over the custody or use of any element of an indigenous peoples' heritage, judicial and administrative bodies should be guided by the advice of indigenous elders who are recognized by the indigenous communities or peoples concerned as having specific knowledge of traditional laws. Support the development of educational, research, and training centres which are controlled by indigenous communities, and strengthen these communities' capacity to document, protect, teach, and apply all aspects of their heritage. Inclusion: Indigenous peoples and their representative organizations should enjoy direct access to all intergovernmental negotiations in the field of intellectual property rights, to share their views on the measures needed to protect their heritage through international law.
|
|
|
|
028_PrinciplesUN.docx
|
|
29
|
Stakeholder Engagement Practitioner Handbook
|
2008
|
General
|
Government
|
Australia
|
Guide for government
|
Guidelines
|
|
|
Government, Industry, Local communities, Indigenous peoples
|
Dialogue, Collaboration, Trust
|
Strategic: Significance: deal with issues of significance to stakeholders and the agency. Completeness: understand the concerns, views, needs and expectations. Responsiveness: respond coherently and appropriately. Operational: Communication: open and effective communication means listening and talking. Transparency: clear and agreed information and feedback processes. Collaboration: work to seek mutually beneficial outcomes where feasible. Inclusiveness: recognise, understand and involve stakeholders in the process. Integrity: conduct engagement in a manner that fosters mutual respect and trust.
|
Planning of plans, Throughout operations
|
Stakeholder engagement model: identify key stakeholders and significant issues: analyze and plan: strengthen engagement capacities: design the process and engage: act, review and report
|
Under inclusiveness - what are the cultural characteristics of communities and stakeholders? Do they have the ability, experience and/or access to support ot deal with this process? 1. Identify the relevant communities and stakeholders, recognising they may change over time.
2. Identify and, where possible, understand community and stakeholder issues, interests, aspirations and concerns to better define what matters most to the community.
3. Facilitate (where appropriate) community and stakeholder engagement.
4. Acknowledge and respect the diversity of communities and stakeholders.
5. Respect the culture and heritage of local communities, including the traditional owners of the area.
6. Accept the different agendas of different communities and stakeholders and ensure that dominant groups are not the only voices heard.
7. Ensure there are appropriate systems, with minorities and other marginalised groups having equitable and culturally appropriate ways to engage, so groups that may be under-represented or hard to reach take part.
8. Acknowledge that in few circumstances is it feasible to involve the entire community.
9. Prepare a consultation plan and tailor engagement strategies to meet the needs of community and/or stakeholder groups, their accessibility and information needs.
|
|
|
Benefits for a business: ƒ?½ Cooperation on operations/activities and at times on policy development, allows for enhanced community confidence.
ƒ?½ Creating more user-friendly, community/industry targeted services.
ƒ?½ Reducing future costs.
ƒ?½ Improved access to emerging issues and communities and the capacity to handle them before they develop negatively and/or confidence is lost.
ƒ?½ Avoiding negative press by engaging positively and proactively.
ƒ?½ Increasing organisational effectiveness.
ƒ?½ Enhancing two-way communication skills and better understanding on both sides.
ƒ?½ Bridging cultural gaps.
ƒ?½ Developing a culture of innovation and learning
ƒ?½ Simplifying conflict resolution, build up of trust, and clearer articulation of what cannot be resolved.
|
029_Australia stakeholder-engagement-practitioner-handbook.pdf
|
|
30
|
The Constitution (Fundamental Law) of the Republic of Sakha (Yakutia)
|
2002
|
General
|
Government
|
Russia - Regional
|
|
Law
|
|
|
Government, Local communities, Indigenous peoples
|
Participation, Statutory Obligations
|
Protection of rights
|
Planning of plans
|
The Constitution guarantees the right of citizens to participate in managing the affairs of society and the state, in the discussion of laws and decisions of the general federal and local, referendums, to vote and to be elected to the democracy (Article 15). The Republic protects and ensures the rights of indigenous peoples, including their collective rights to natural resources (Article 5.1, 42.1). In places of compact residence of these peoples can be set up national administrative and territorial entities (Article 43). Local self-government is built taking into account the interests of the population, its national and ethnic origin (Article 97).
|
|
|
|
|
030_The Constitution (Fundamental Law) of the Republic of Sakha (Yakutia).docx
|
