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The Process

You have received word that there is a major project in the works for land adjacent to your reserve. At this stage there are five activities to consider.

  • Form a committee to respond to the project.
  • Examine the possibility of forming a partnership with other communities in your area which are affected.
  • Review the developer's information and identify baseline information.
  • Develop community profiles and plans.
  • Analyse the nature and implications of the project including a cost and benefits analysis.

Form a Local Community or Area Committee to Respond to the Project

A knowledgeable and effective committee would be composed of a community person responsible for research related to the development project and a planning group made up of people who represent the community or area interests. An existing structure, such as a band council, could co-ordinate activities.

The planning group could:

  • monitor existing information on the project;
  • assess information from both a technical and community point of view;
  • prepare information on the committee's position;
  • handle relations with the media; and
  • provide feedback to community members through workshops and meetings.

Examine the Possibility of Forming Partnerships

As a single community, you might not have the resources to influence the course of a project on your own, especially if the project is initiated by a development conglomerate. Partnerships strengthen your position. If the development is going to affect other communities, work together with them, other First Nations, environmental organizations, local residents and others who may have objectives similar to your own.

Various regional and provincial First Nations organizations may bring different goals to an alliance. However, in the context of resource development, strong partnerships among First Nations build and strengthen Native self-government. The stronger the alliances, the better the chances of modifying or influencing the project.

Review the Developer's Information and Identify Baseline Information

Verified, accurate information is a starting point. Data provided by the developer and federal or provincial regulatory bodies, plus a study of existing situations and relationships within your community and among all the affected communities should be included. Gather information on existing infrastructure, services, labour-force numbers and skills, social and economic patterns of land use and how these could be affected by the project. List the negative and positive changes.

Benefits could include:

  • training;
  • employment;
  • business development;
  • equity participation;
  • stronger socio-economic, cultural and political bases; and
  • direct involvement in working out ways to reduce any negative impact of the project.

Costs could include:

  • disruption of hunting, fishing and trapping activities;
  • damage to the environment; and
  • social problems.

Develop Community Profiles and Plans

When one project affects several communities, there will be issues and goals common to them all. although each community can prepare its own profile and outline its own situation and needs, you should also be able to develop a unified approach to common issues.

For example, by sharing information on transportation, labour-force skills and infrastructure development, you can take advantage of resource development in the whole area.

Analyse the Nature and Implications of the Project

Depending on the stage of development, information has probably already been amassed by developers, energy and environmental boards and other government bodies. Use this as part of your baseline data. Studies and documents on similar resource development projects, available from libraries and municipal and provincial record offices, are also helpful.

Circulate the information to your own community members as well as to the other affected communities. Get their reaction to the project and their input on how to proceed. Then decide whether a joint response is the best way to go.

Influencing the Course of the Project

Whatever the project, your position will be strengthened by a thorough knowledge of the company responsible for it. This achieves two things: it eliminates surprises at the negotiating stage and it helps to establish a relationship with those developers that want to work with local communities. More and more companies are recognizing the value of doing so for a number of reasons:

  • a corporate commitment to First Nations development;
  • significant First Nations investments and market;
  • concerns about the security of their investments;
  • the need to project a co-operative image because of investments or potential investments in projects near First Nation communities;
  • a need to increase corporate Aboriginal hiring because of employment equality legislation; or
  • economic benefits in hiring and training local labour instead of importing workers from other areas.

The Public Review Process

If the project involves federal land or money, federal approval or a federal regulatory decision, it will be evaluated under the Environmental Assessment Review Process (EARP). Depending on the nature and scope of the project, a formal public review process may be recommended by the appropriate federal Minister. This is an opportunity for your community to participate and ensure that your concerns are addressed.

More information on EARP can be obtained from the Canadian Environmental Assessment Agency (CEAA) formerly the Federal Environmental Assessment Review Office, 14th Floor, Fontaine Building, 200 Sacré-Coeur Blvd., Hull, Quebec, Mail: Ottawa, Ontario K1A 0H3. Tel.: (819) 997-1000. Information may also be obtained from DIAND's regional offices (See Appendix B).

The environmental assessment review process is also a way to involve your community in the decision-making process.

  • Find out which regulatory agency will be reviewing the developer's application from either your provincial ministry of the environment or CEAA. At the same time ask for the guidelines available to the public on the criteria and procedures for the review process.
  • Notify the developer and regulatory agency in writing that your community wants to be a formal participant and wants to receive copies of information submitted by other parties.
  • Prepare a formal submission. Legal and technical advisors can help with the preparation.
  • Prepare for a lengthy process. Develop a system within your planning group to receive information from all available sources on the progress of the project. Analyse, update and distribute this information to community members. You will need constant, up-to-date information throughout to be able to change or redraft your submission accordingly.
  • Talk with other groups who have been through similar public hearings.
  • Organize support from other groups, e.g. environmentalists.
  • Conduct research and prepare arguments and presentations to support your objectives.

Note that in some cases, a developer's application may be approved without a formal public hearing. Rather, it may be reviewed by the approving provincial or federal department. It is this situation that may catch you unaware if your committee has not set up its monitoring system.

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  Last Updated: 2004-04-23 top of page Important Notices