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ARTICLE · 02 JULY 2015

Declaration Requirement Removed From First Nation Consultation Procedures

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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On June 10, 2015, the Alberta Energy Regulator released a revised version of the Joint Operating Procedures for First Nations Consultation on Energy Resource Activities (Procedures) and Bulletin 2015-20.

CanadaGovernment, Public Sector

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the First Nations Consultation Declaration form (Declaration) that was originally contemplated under the Procedures has been replaced by a less onerous "application supplement".

BACKGROUND

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

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