The Operating Procedures outline four processes for consultation
and coordination between the proponent, the AER, the ACO and First
Nations. These processes are triggered by the level of consultation
required by the ACO, ranging from no consultation, streamlined
consultation, and standard consultation to extensive consultation,
and the type of application to be submitted by the proponent. For
applications where the ACO requires consultation, proponents must
submit to the AER a "First Nations Impacts and
Mitigation" table, which is to identify and describe potential
adverse impacts to the rights of aboriginal people and proposed
In clarifying the ACO's role in the consultation process,
the Operating Procedures state that the ACO's determination of
consultation adequacy is required before the AER can make a final
decision under the specified enactments. Further, the ACO may
provide advice to the AER in cases where the ACO believes impacts
to Treaty rights and traditional uses need to be considered by the
AER. In the event the AER holds a hearing to consider an
application, the ACO may attend, observe, and produce a
"hearing report" containing advice to the AER on impacts
to Treaty rights and traditional uses raised during the
The Operating Procedures also require that a "First Nations
Consultation Declaration" be completed and submitted to the
AER as part of the application process. The declaration requires
proponents to swear that the First Nations Impacts and Mitigation
table "...accurately documents the potential adverse impacts
on the existing rights of aboriginal peoples ... or their
traditional uses". The declaration is to be completed and
submitted to the AER as part of any application for which the ACO
determines consultation is required, and is to include the First
Nations Impacts and Mitigation table described above.
The Operating Procedures come into effect on March 2, 2015.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
In Bank of Montreal v Bumper Development Corporation Ltd, 2016 ABQB 363, the Alberta Court of Queen's Bench enforced the "immediate replacement" provision in the Canadian Association of Petroleum Landmen 2007 Operating Procedure...
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