On June 10, 2015, the Alberta Energy Regulator (AER) released a
revised version of the Joint Operating Procedures for First
Nations Consultation on Energy Resource Activities
(Procedures) and Bulletin 2015-20. While the original Procedures
remain largely intact, changes were made to section 2.3 —
First Nations Impacts and Mitigation Table and section 4 —
AER Application Requirements. The main impact of these changes is
that the First Nations Consultation Declaration form (Declaration)
that was originally contemplated under the Procedures has been
replaced by a less onerous "application supplement".
On February 4, 2015, the AER released the Procedures, detailing
how the AER and the Aboriginal Consultation Office (ACO) would
administer and coordinate their respective operations on matters
relating to First Nations consultation. However, in late February
2015, the AER released Bulletin 2015-10, which delayed both the
implementation of the application requirements and the Declaration.
For more information on the Procedures, see our February 2015 Blakes Bulletin: Procedures Introduced to Administer and
Coordinate First Nation Consultation.
The original Procedures referenced the Declaration, which
required project proponents to swear that the First Nations Impacts
and Mitigation Table "accurately document[ed] the potential
adverse impacts on the existing rights of aboriginal peoples [...]
or their traditional uses." The nature of this affirmation may
have caused some concern to industry, and the AER (presumably in
response to those concerns) has replaced the Declaration with the
application supplement in the revised Procedures.
The application supplement requires proponents to identify,
among other things, whether First Nations consultation was
required, and if it was, to fill out the First Nations Impacts and
Mitigation Table, listing:
Which First Nations were
Any potential adverse impacts on
Aboriginal Peoples' existing rights or their traditional uses
identified during consultation
Any mitigation measures proposed by
the Applicant during consultation
Once complete, a company representative must execute the
application supplement and state that "the impacts and
mitigation table is correct to the best of [his/her]
knowledge" and that the representative "will advise the
AER as soon as practical if [he/she] become[s] aware of information
that amounts to a material change to the information provided in
Additionally, sections 2.3 and 4 of the revised Procedures
clarify that the application supplement is not required for
activities that are excluded from consultation in Appendix C of
The Government of Alberta's Guidelines on Consultation with
First Nations on Land and Natural Resource Management.
Further, section 4 of the revised Procedures has been simplified
and confirms that all AER applications under the specified
enactments must include the above outlined application supplement
starting July 1, 2015.
While the revised Procedures have not changed the prescribed
interaction between the AER and the ACO, they have changed the
nature of the affirmation that Applicants must make on their First
Nations Impacts and Mitigation Table. Changing the statement
associated with the table should go some way to alleviating the
concerns that many industry members had with the former sworn
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.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Canada’s payment industry is constantly evolving. Legislation and expectations of regulators are also changing but not at the same pace as the industry. This seminar will feature Blakes lawyers who will provide insight into the recent developments in the regulation of payments in Canada.
As Canada’s payment industry continues to evolve, legislation and expectations of regulators are simultaneously shifting. With fintech transforming traditional payment models, complex regulatory requirements, compliance and risk mitigation considerations, there is much to discuss.
Please join members of the Blakes Commercial Real Estate group as they discuss five key provisions of a commercial real estate purchase agreement that are often the subject of much negotiation but are sometimes misunderstood.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).