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Bulletin 2015-04: Release of the Joint Operating Procedures for First Nations Consultation on Energy Resource Activities [Procedures], Including New Application Requirements set out a requirement for the completion and submission of a First Nations consultation declaration form to the Alberta Energy Regulator (AER) as part of any application under the specified enactments (Mines and Minerals Act [Part 8], Public Lands Act, Water Act, and Environmental Protection and Enhancement Act) for which First Nations consultation was required. This declaration requirement was originally to be in effect as of March 2, 2015, as were the application requirements set out in the Procedures. The AER, however, is delaying implementation of the declaration requirement and the application requirements in the Procedures until further notice.
Applications submitted to the AER under the specified enactments must still meet the requirements for aboriginal consultation, as outlined in The Government of Alberta’s Guidelines on Consultation with First Nations on Land and Natural Resource Management.
The AER will also continue to require the report by the Aboriginal Consultation Office (ACO) containing the ACO’s findings on consultation adequacy before issuing a decision on a specified enactment application.
The AER is the point of contact for industry on matters relating to the Procedures. General inquiries about this bulletin can be made to firstname.lastname@example.org or 1-855-297-8311. The ACO is the point of contact for First Nations and Métis on matters relating to the Procedures. The ACO provides staff contact information on its website, www.aboriginal.alberta.ca.
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