Indigenous Engagement

The NRCB has always placed a high priority on Indigenous consultation. When the NRCB conducts public interest reviews of projects that may impact Aboriginal and treaty rights, Indigenous peoples must be consulted and engaged in meaningful dialogue. Their concerns must be heard.

A note on terminology

On this web page, the NRCB uses the term “Indigenous” to refer to all First Nations, Métis, Inuit, and other Indigenous peoples, recognizing that not all people self-identify using the term “Indigenous”. The NRCB uses the term “Aboriginal” when required for historical or legal reasons or when referencing programs, program area titles, and data sources that use “Aboriginal”.

Participating in an NRCB review process

Indigenous peoples who participate in the NRCB review process can expect:

an inclusive process ensuring that Indigenous concerns are considered in the NRCB’s review
an impartial review by the NRCB; the NRCB acts at arm’s length from the Government of Alberta’s direct Indigenous consultation
the opportunity for meaningful participation in the NRCB’s review, including an accessible electronic written record and possibly an oral hearing
adequate notice of the pre-hearing and hearing process inviting formal participation
an oral or written hearing that will provide the opportunity to make formal submissions and to request information and receive responses
sensitivity to Indigenous peoples and their procedural needs
an intervener funding process that facilitates participation in the hearing, including assistance to prepare and tender evidence (this may include an expertly prepared traditional land use study)
an ability to make closing (normally oral) submissions
an assessment of impacts to Aboriginal or treaty rights
a consideration of accommodation measures designed to minimize impacts and respond directly to the concerns raised by affected Indigenous peoples if the NRCB determines that a project is in the public interest
a written decision that describes how the rights and interests of Indigenous peoples were considered and addressed

Roles and responsibilities of the NRCB

As a quasi-judicial and regulatory agency, the NRCB conducts public interest reviews of proposed natural resource projects under the Natural Resources Conservation Board Act, considering social, environmental, and economic effects. Projects that may impact Aboriginal and treaty rights trigger the Crown duty to consult and accommodate Indigenous groups. The Supreme Court of Canada decisions in Chippewas of the Thames First Nation v Enbridge Pipelines Inc., (Chippewas) and Clyde River (Hamlet) v Petroleum Geo‑Services Inc., confirmed that regulatory tribunals like the NRCB may help fulfill the Crown's duty to consult with Indigenous groups. The Government of Alberta has stated that it may rely upon the NRCB’s review process to partially or completely fulfil the government’s duty to consult and accommodate.

The Alberta Aboriginal Consultation Office (ACO) works with Alberta government ministries and regulators to ensure that the Government of Alberta’s duty to consult is met, providing a recommendation to the government on the adequacy of the consultation. However, the ACO does not provide a recommendation or advice to the NRCB. The NRCB does not assess the adequacy of the government’s direct Indigenous consultation. Instead, the NRCB satisfies itself that the government consultation process is sufficiently advanced to allow the NRCB review process to proceed.

The NRCB has revised its pre-hearing, hearing, and decision-making procedures to ensure they align with the Alberta government’s duty to consult and accommodate Indigenous groups.

Considering Indigenous concerns in NRCB reviews and decisions

An NRCB review would trigger the Government of Alberta’s duty to consult when the government has knowledge of Aboriginal or treaty rights that may be adversely affected by an NRCB public interest decision.

In terms of procedure, if infringement of constitutional rights might occur, Indigenous peoples must have the opportunity to have their views heard and considered in the NRCB review. In its decisions, the NRCB will identify how it considered and addressed Indigenous concerns. The NRCB will determine whether consultation with Indigenous peoples has adequately identified a project’s adverse effects on established or asserted Aboriginal or treaty rights, and whether impacts have been sufficiently accommodated or mitigated. Independent of the NRCB review process, Government of Alberta consultation may continue after the NRCB review or hearing.

Related NRCB resources

Aboriginal Consultation and Participation in Natural Resource Development Project Reviews under the Natural Resources Conservation Board Act Fact Sheet

The Board Review Process under the NRCBA Process Guide

Intervener Funding Process Guide

Intervener Funding Under the Natural Resources Conservation Board Act Fact Sheet