Early Engagement Planning Tool

Purpose of this Tool

This tool provides practical advice on how to create an effective plan for engagement with Indigenous peoples in British Columbia. It takes you through the process by helping you answer some key questions: How do you start? Why engage? How early should you engage? Who should you engage with and how? What are the engagement protocols? What should be included in your plan?

This tool will help you create a generic engagement plan that can be used to get you started with multiple Indigenous groups. As your knowledge and understanding of each community’s engagement preferences and protocols expands, you should consider developing community-specific plans that address the unique needs and concerns of individual communities.

Why Engage?

The need to engage is founded on the constitutional rights of Indigenous peoples in Canada and the unique position of Indigenous groups in British Columbia (BC). Having good relationships with Indigenous groups whose interests might be affected by your project is an increasingly essential component of the project approval process. It is also good practice.

There is no single formula for engagement or building successful relationships with Indigenous groups in BC. Understanding the communities, their history and culture, making a plan, and determining what is appropriate and effective will depend on the planned exploration activities and the potential impacts they may have on the land or on the cultural heritage of Indigenous groups, the capacity of the people and communities involved, and the Indigenous rights and interests asserted by Indigenous groups.

If you are contemplating an exploration project, you will need to engage early and listen to the communities where you intend to operate. Early engagement, prior to submitting a Notice of Work, helps build trust. Trust is fundamental to a good relationship that can help you bridge cultural differences and avoid misconceptions about your project. It facilitates information exchange and sets the stage for a mutually beneficial relationship as you advance your project.

By engaging early, you have a lot to gain; specifically, you will enhance your capacity to:

• Understand Indigenous group’s interests and expectations;
• Identify potential concerns early and respond appropriately;
• Meet or exceed regulatory requirements for consultation;
• Be better prepared and react more efficiently to changes that may affect your project planning (e.g., changes in regulatory requirements);
• Identify mutually beneficial goals and collaboratively develop strategies on how to achieve them;
• Gain local support for your project and reduce or mitigate concerns;
• Gain access to a local labour force and suppliers; and
• Gain more clarity in decision-making processes.

Explorers should not be discouraged by the apparent complexity of this process. Engagement is about sharing information, listening to and respecting concerns raised, and looking for ways to address them.

Reference: AME IRR Engagement Guidebook: Introduction, Chapter 4

Registration

Instructions

This Decision Support Tool will take you through a series of questions regarding your understanding of Indigenous issues in BC and some of the practical requirements for developing and implementing an Indigenous engagement plan.

Answer each question as presented (generally either ‘yes’ or ‘no’) and click ‘next’ to advance. Based on your answer, the next page will provide further guidance and recommendations, and will lead you to the next question to consider.

Your answers, and the related recommendations, will be summarized at the end of the questionnaire in a summary report that can be downloaded and will be emailed to you as a PDF. The report contains practical information on key steps in the engagement process. It can be used as a foundational document for building your engagement plan.

You can save your answers and stop the questionnaire at any point, and return to finish at another time.

Disclaimer

It is the duty of every mineral explorer and developer, whether an individual or company, to comply with all Federal and Provincial laws and regulations, specifically, applicable sections of the Mines Act, and parts of the Health, Safety and Reclamation Code in BC. This tool does not replace laws or regulations, nor does it substitute for the advice of professionals in the field, including legal counsel and local Indigenous governments.

This tool can be used for guiding engagement with Indigenous groups. Use of this tool should complement good planning and communication. Should anything contained in this tool appear to be in variance with the Mines Act and Health, Safety and Reclamation Code, current case law, or other relevant legislation or regulations, the provisions of the Mines Act and Health, Safety and Reclamation Code, current case law, or other relevant legislation or regulations will prevail.

Great! Make sure that your plan includes all identified Indigenous groups. Developing a comprehensive list is key to your engagement strategy and plan.

To avoid overlooking other Indigenous groups who may have interests relevant to your project, it is useful to seek information on other mineral or resource projects in the area and learn about Indigenous groups previously engaged by others. Use the following resources to confirm that your list is up-to-date and to avoid any unintended omissions:

1. Consult the Natural Resource Online Services Explore by Location or British Columbia’s First Nations Consultative Area Database* 
2. Log on to Mineral Titles Online (MTO) and request Title Overlap Report (TOR) and find the List of First Nations with interests within the title area. Instructions on how to obtain a TOR can be found here. 
3. Lists generated using one of the methods above are likely to include many Indigenous groups. Once you have a generated a list, we encourage you to contact the local Ministry of Energy, Mines and Petroleum Resources (MEMPR) office to help determine which groups should be your first point of contact. The Ministry is your go-to source of information on consultation requirements for your specific project.
4. Discuss established Indigenous interests with the previous owner if acquiring an existing mineral title.
5. Review Provincial Overview of Exploration and Mining in British Columbia for information on current or past projects that may be relevant to yours. This overview is updated each year.
6. Review websites of identified Indigenous groups, where available.

Your list of interested Indigenous groups is likely to change over time and may include other groups that may not have been identified at an early engagement stage. Depending on whether your project is reviewable at the federal or provincial level, the scope of consultation may change, and the list may be longer or shorter. Ensure that your engagement plan is flexible enough to accommodate these changes. 

Additional resources:

• BC Government, Environment and Sustainability, Natural Resources Stewardship – Consulting with First Nations
• Prospectors and Developers Association of Canada First Engagement: A Field Guide for Explorers
• Prospectors and Developers Association of Canada Community Engagement Guide
• Mining Association of Manitoba Aboriginal Engagement Handbook
• Natural Resources Canada Good Practices in Community Engagement and Readiness: Compendium of Case Studies From Canada’s Minerals and Metals Sector
• Crown-Indigenous Relations and Northern Affairs Canada directory of official treaty and land claims documents provides information on interests and treaty or land claim boundaries. 
• Government of Canada First Nations Profile Interactive map*
• BC Environmental Assessment Office projects directory*, consultation logs and engagement reports from similar projects. These documents may help you understand which Indigenous groups have been previously engaged by others, what issues were raised, and how they were addressed. 

*The interactive maps and project directory searches may result in a very large number of entries. We suggest using these databases as a starting point in the process of compiling the list of Indigenous groups. Contact the local office of the Ministry of Energy, Mines and Petroleum to seek further guidance and confirm the groups most relevant to your specific project area.

Prior to developing an early engagement strategy, make sure that all Indigenous groups have been identified whose interests may be affected. Developing a comprehensive list of interested Indigenous groups is key to your engagement strategy. 

We recommend the following steps to determine which Indigenous groups to consult:

1. Consult the Natural Resource Online Services Explore by Location or British Columbia’s First Nations Consultative Area Database* 
2. Log on to Mineral Titles Online (MTO) and request Title Overlap Report (TOR) and find the List of First Nations with interests within the title area. Instructions on how to obtain a TOR can be found here. 
3. Lists generated using one of the methods above are likely to include many Indigenous groups. Once you have a generated a list, we encourage you to contact the local Ministry of Energy, Mines and Petroleum Resources (MEMPR) office to help determine which groups should be your first point of contact. The Ministry is your go-to source of information on consultation requirements for your specific project.

In addition: 

• Discuss established Indigenous interests with the previous owner if acquiring an existing mineral title.
• Contact Indigenous groups that are located within or near your project area and inquire whether they may have information about neighbouring Indigenous groups and their interests. Indigenous groups have a wealth of information that may not always be publicly available; we recommend using every opportunity to engage and learn about them firsthand. 
• Review Provincial Overview of Exploration and Mining in British Columbia for information on current or past projects that may be relevant to yours. This overview is updated each year.
• Review websites of identified Indigenous groups, where available.
• Review Prospectors and Developers Association of Canada First Engagement: A Field Guide for Explorers for guidance and practical advice.

Helpful resources: 

• Prospectors and Developers Association of Canada Community Engagement Guide
• Mining Association of Manitoba Aboriginal Engagement Handbook
• Natural Resources Canada Good Practices in Community Engagement and Readiness: Compendium of Case Studies From Canada’s Minerals and Metals Sector
• Crown-Indigenous Relations and Northern Affairs Canada directory of official treaty and land claims documents provides information on interests and treaty or land claim boundaries. Use this resource in conjunction with the Aboriginal and Treaty Rights Information System (ATRIS) that cross-references documents from the directory and allows for geographic scoping to focus results. 
• Government of Canada First Nations Profile Interactive map*
• BC Environmental Assessment Office projects directory*, consultation logs and engagement reports from similar projects. These documents may help you understand what Indigenous groups have been previously engaged by others, what issues were raised and how they were addressed.

*The interactive maps and project directory searches may result in a very large number of entries. We suggest using these databases as a starting point in the process of compiling the list of Indigenous groups. Contact the local office of the Ministry of Energy, Mines and Petroleum to seek further guidance and confirm the groups most relevant to your specific project area.

Reference: AME IRR Engagement Guidebook: Chapter 4

Great! Make sure to maintain regular contact with community leadership and other key community representatives throughout your project.

As a first step, we recommend reaching out to the Indigenous group’s administration, lands or natural resources office, and/or community economic development office to ask for relevant contacts of community leaders (or community representatives) that deal with resource development projects. Key administration contacts may include Referrals Coordinator, Lands Manager, Economic Development Officer, Employment Officer and similar. These contacts are included in the lists generated in question 1 and/or on the Indigenous group’s website. The Ministry of Energy, Mines and Petroleum Resources may also assist you in identifying the key people who should be engaged.

A comprehensive baseline profile of each Indigenous group will help you focus your engagement activities and tailor your approach to community needs and concerns. A good understanding of each Indigenous group will help establish a respectful relationship as it shows you have done your homework. Ignorance can be perceived as an indicator of a lack of respect. Ensure that you have as much of the following information as possible for each Indigenous group to help inform your engagement plan. 

• Location, including reserve land areas and traditional territories 
• Official name, including pronunciation
• Governance structure and current leadership
• Contact information for individuals related to project activities
• Language (try to learn a few words of introduction or thanks)
• Treaty or tribal association
• History
• Social profile (population, age, gender, education, etc.)
• Cultural profile (Elders, ceremonies, community events, etc.)
• Economic profile (income, employment, business ownership, etc.)
• Economic partnerships, Indigenous-owned businesses and joint ventures
• Traditional land and resource use
• Partnerships, agreements with other First Nations
• Relationships or agreements with other exploration or mining companies.

Most of the information listed above can be obtained from the following sources:

• Websites of the Indigenous groups
• BC Assembly of First Nations community profiles
• Government of BC Data Catalogue, Aboriginal Peoples of BC

Additional information and sources may include:

• First Nations in BC Knowledge Network
• Assembly of First Nations
• Treaties and agreements, available from Government of BC, Ministry of Indigenous Relations and Reconciliation
• Project-specific consultation history, if available, or involvement in other similar projects, available from BC Environment Assessment Office Project Directory
• Economic partnerships, Indigenous-owned businesses and joint ventures, available from the BC Indigenous Business and Investment Council, BC Government Catalogue of Indigenous Businesses 
• BC Government, First Nations A-Z Listing

You are aware of some information, but is it enough? The information you collect should enable you to fully characterize each Indigenous group from social, cultural, and economic perspectives. A comprehensive profile of each Indigenous group will help you focus your engagement activities and tailor your approach to specific community needs and concerns. Ensure that you have as much of the following information as possible for each Indigenous group to help inform your engagement plan.

• Location, including reserve land areas and traditional territories 
• Official name, including pronunciation
• Governance structure and current leadership
• Contact information for individuals related to project activities
• Language (try to learn a few words of introduction or thanks)
• Treaty or tribal association
• History
• Social profile (population, age, gender, education, etc.)
• Cultural profile (Elders, ceremonies, community events, etc.)
• Economic profile (income, employment, business ownership, etc.)
• Economic partnerships, Indigenous-owned businesses and joint ventures
• Traditional land and resource use
• Partnerships, agreements with other First Nations
• Relationships or agreements with other exploration or mining companies.

Most of the information listed above can be obtained from the following sources:

• Websites of the Indigenous groups
• BC Assembly of First Nations community profiles
• Government of BC Data Catalogue, Aboriginal Peoples of BC

When you compile information about the Indigenous groups, ensure you have spoken to the community representatives and have researched the community websites, if available. By going directly to the community, you will obtain the most up-to-date information. 

Additional information and sources may include:

• First Nations in BC Knowledge Network
• Assembly of First Nations
• Treaties and agreements, available from Government of BC, Ministry of Indigenous Relations and Reconciliation
• Project-specific consultation history, if available, or involvement in other similar projects, available from BC Environment Assessment Office Project Directory
• Economic partnerships, Indigenous-owned businesses and joint ventures, available from the BC Indigenous Business and Investment Council, BC Government Catalogue of Indigenous Businesses 
• BC Government, First Nations A-Z Listing

As a starting point, we recommend visiting Indigenous groups’ websites. You should then expand your search to other sources to ensure your information is complete and you are able to characterize each Indigenous group from social, cultural and economic perspectives. Having a comprehensive profile will help you focus your engagement activities, make your approach relatable, and help you tailor it to specific community needs and concerns.

The following information will help inform your engagement plan:

• Location, including reserve land areas and traditional territories 
• Official name, including pronunciation
• Governance structure and current leadership
• Contact information for individuals related to project activities
• Language (try to learn a few words of introduction or thanks)
• Treaty or tribal association
• History
• Social profile (population, age, gender, education, etc.)
• Cultural profile (Elders, ceremonies, community events, etc.)
• Economic profile (income, employment, business ownership, etc.)
• Economic partnerships, Indigenous-owned businesses and joint ventures
• Traditional land and resource use
• Partnerships, agreements with other First Nations
• Relationships or agreements with other exploration or mining companies.

Most of the information listed above can be obtained from the following sources:

• Websites of the Indigenous groups
• BC Assembly of First Nations community profiles
• Government of BC Data Catalogue, Aboriginal Peoples of BC

Additional information and sources may include:

• First Nations in BC Knowledge Network
• Assembly of First Nations
• Treaties and agreements, available from Government of BC, Ministry of Indigenous Relations and Reconciliation
• Project-specific consultation history, if available, or involvement in other similar projects, available from BC Environment Assessment Office Project Directory
• Economic partnerships, Indigenous-owned businesses and joint ventures, available from the BC Indigenous Business and Investment Council, BC Government Catalogue of Indigenous Businesses 
• BC Government, First Nations A-Z Listing

Some Indigenous groups may wish to be actively involved in the project, while others might simply wish to be kept informed of the project’s progress. Talk to the Indigenous groups and confirm their preference. 

It is also useful to consider the following:

• Location and proximity to the project area;
• Traditional activities, land and resource use and potential project impacts on these activities;
• Direct input from Indigenous group leaders and other group members;
• Methods of communications and information gathering;
• Level of interest /participation in other resource projects in the area; and 
• Perceptions of potential social or environmental impacts.

A good understanding of Indigenous group’s level of interest will help you design the appropriate level of engagement for your engagement plan. Potential levels of engagement include:

1. Low level of engagement – Strive to INFORM Indigenous groups of project plans and activities. 
2. Moderate level of engagement – Strive to MITIGATE INTERESTS AND CONCERNS.
3. High level of engagement – Strive for CONSENT.

Regardless of the level of interest determined by your engagement plan, be open to allowing for community input into your project plans and activities.

You have made contact, but you are not sure whether the Indigenous groups are interested in your project or in engaging with you. Some Indigenous groups may wish to be actively involved in the project, while others might simply wish to be kept informed of the project development. Talk to the Indigenous groups and confirm their preference. If it is still unclear, we recommend seeking further guidance from the Ministry of Energy, Mines and Petroleum Resources. 

It is also useful to consider the following:

• Location and physical proximity to the project area;
• Traditional activities, land and resource use and potential project impacts on these activities;
• Direct input from Indigenous group leaders and other group members;
• Methods of communications and information gathering; and
• Level of interest /participation in other similar projects in the area.

A greater degree of potential socio-environmental impacts and/or involvement of Indigenous leadership or community members indicate higher levels of interest. Knowing the level of interest will help you design an appropriate level of engagement for your plan:

1. Low level of engagement 
   • Strive to INFORM Indigenous groups of project plans and activities. 
   • Follow any available protocols from Indigenous groups. 
   • Notify Indigenous groups in writing and allow at least 30 days for a reply. 
   • Visit local Indigenous government offices if nearby exploration site. 
2. Moderate level of engagement
   • Strive to MITIGATE INTERESTS AND CONCERNS. 
   • Follow any available protocols from Indigenous groups. 
   • Notify Indigenous groups in writing and follow up with phone calls and emails to solicit replies. 
   • Meet with Indigenous government staff or leadership.
3. High level of engagement 
   • Strive for CONSENT. 
   • Follow any available protocols from Indigenous groups. 
   • Notify Indigenous groups in writing and follow up with phone calls and emails to solicit replies. 
   • Meet with Indigenous government staff or leadership.

Regardless of the level of interest determined by your engagement plan, be open to allowing for community input into your project plans and activities.

Reference: AME IRR Engagement Guidebook, Chapter 4

Integrate each Indigenous group’s preferences and protocols into your engagement plan. Discuss the draft plan with each group and adjust it accordingly based on their feedback. Ensure that all feedback is properly tracked in your consultation log. Make all your project staff aware of these communications preferences. If organizing open houses or any community events, reach out to community leaders in advance to confirm the Indigenous language interpretation requirements.

A critical aspect of any engagement plan is to understand, and appropriately use, an Indigenous group’s preferences for communications, including language. Groups may have their own customs, protocols or standards for how to address and communicate with their members. If none exist for your project’s interested groups, consider using other groups’ protocols as a guide. You may also wish to contact the local Ministry of Energy, Mines and Petroleum Resources and/or Ministry of Forests, Lands, Natural Resource Operations and Rural Development offices to obtain advice regarding protocols and processes for engagement. Strategic Engagement Agreements established between the Province and Indigenous groups can be found on BC Government page dedicated to Indigenous consultation and consultation agreements.  

Discuss your engagement plan draft with each group to confirm their preferences and adjust it accordingly to reflect their feedback. If organizing open houses or any community events, reach out to community leaders in advance to confirm the Indigenous language interpretation requirements. While English is widely spoken throughout Indigenous communities in BC, some interpretation services may be needed, especially if Elders are involved. Ensure that all project staff are aware of the communications preferences and protocols for each group. 

Reference: AME IRR Engagement Guidebook: Chapter 4

Line cutting, camp building, road construction, diamond drilling and all other mechanized activities that cause ground disturbance will require a Notice of Work (NoW) permit. The NoW application and procedures can be found  in the Natural Resource Online Services portal on FrontCounter BC. As part of the NoW process, the BC Provincial government will consult with potentially impacted Indigenous groups on the proposed activities. Other regional offices will also be associated with the NoW process, including the Ministry of Forests, Lands, Natural Resource Operations and Rural Development. Depending on the scope of work and activities, other permits may also be required such as a Land Act Permit or a permit under the Water Sustainability Act.

Even though the BC government will consult with Indigenous groups as part of the NoW, it is good practice to also engage with Indigenous groups in advance of submitting the application so that any potential issues or concerns can be considered early on and incorporated into the workplan submitted with the NoW application. 

Tips:

• Ensure you are clear and concise when discussing each type and amount of ground disturbance with Indigenous groups. 
• Include a well-defined one-year plan. 
• Be prepared to share details of any mitigation measures for each type of disturbance, including restoration plans, archaeological surveys, cultural heritage assessment, and traditional land use studies. 
• Be open to feedback from each Indigenous group and incorporate feedback into exploration plans wherever possible. Ensure that all feedback and adjustments are properly tracked in your engagement records (more about recording engagement is included under question 14). 

Non-mechanized, early stage prospecting including soil sampling and airborne geophysical surveys do not require a Notice of Work (NoW) permit, however it is good practice to engage with Indigenous groups as early as possible. Even though a permit may not be required for the work you intend to undertake, it is important that you establish open lines of communication with Indigenous groups. You should inform each group of your activities and be open to incorporating feedback into your exploration plans. Ensure that all feedback and adjustments are properly tracked in your consultation logs (more about recording engagement is included under question 14).

Congratulations! You have made an important step towards building meaningful relationships with Indigenous groups based on open communication, trust, respect, recognition, and reconciliation. The following list of core competencies will help you determine whether you are fully equipped to initiate engagement activities or if any additional training may be needed. Your project leaders and staff should be able to understand:

• Correct terminology (e.g., First Nation, Inuit, Métis, Elders, traditional knowledge, etc.).
• Concepts of cultural awareness, cultural competency, cultural identity, cultural sensitivity, and cultural safety.
• The basis of Indigenous values and their relationship to land and nature.
• The diversity of Indigenous cultures, economies, and governance, while recognizing that there may be commonalities.
• The historical context and relationships between settlers and Indigenous peoples of Canada.
• The importance and significance of reconciliation.

As your next step, it may be worth requesting culture-specific training, if available, from each Indigenous group you expect to be working with.  

Cultural awareness training is a foundation for building meaningful relationships with Indigenous groups, based on open communication, trust, respect, recognition, and reconciliation. As a first step, we recommend that all project leaders and staff who will be working with Indigenous groups obtain training through certified training programs, if available. When choosing a program, ensure that content is created and/or validated by Indigenous authors. Your training should empower you to understand:

• Correct terminology (e.g., First Nation, Inuit, Métis, Elders, traditional knowledge, etc.).
• Concepts of cultural awareness, cultural competency, cultural identity, cultural sensitivity, and cultural safety.
• The basis of Indigenous values and their relationship to land and nature.
• The diversity of Indigenous cultures, economies, and governance, while recognizing that there may be commonalities.
• The historical context and relationships between settlers and Indigenous peoples of Canada.
• The importance and significance of reconciliation.

There are many organizations offering cultural awareness training. To determine which programs may be best for you, we recommend starting your research with WorkBC and the Mining Industry Human Resources Council. A search of internet resources will also yield useful results. You may also wish to research organizations that have already implemented comprehensive training programs for their employees such as the BC Government, the BC Provincial Health Authority, and the University of British Columbia, among others.

As your next step, consider requesting culture-specific training, if available, from each Indigenous group you expect to be working with.  

References: 

Understanding the historical legacy and concepts of reconciliation will help you better understand why engagement is such a critical dimension of resource development, including mineral exploration. As your next step, consider reviewing some of the following sources to help deepen your knowledge of reconciliation and inform your engagement planning. 

• Truth and Reconciliation Commission, Calls to Action 
• National Centre for Truth and Reconciliation
• What We Have Learned: Principles of Truth and Reconciliation
• Reconciliation Canada
• Draft Principles that Guide the Province of British Columbia’s Relationship with Indigenous Peoples.
• Good Practice Guide, Indigenous Peoples and Mining, International Council on Mining and Metals (ICMM) 
• Assembly of First Nations Report First Nations and Natural Resource Development: Advancing Positive, Impactful Change
• Natural Resources Canada Exploration and Mining Guide for Aboriginal Communities (community perspective)
• Prospectors and Developers Association of Canada, e3plus: A Framework for Responsible Exploration, Principles and Guidance Notes on Engagement

That’s great that you have done some initial research. When you start building your engagement plan, it will be helpful if you are comfortable in your knowledge and understanding of reconciliation and Indigenous peoples’ right to self-determination.

Having a good grasp of the values of reconciliation and concept of free, prior and informed consent (FPIC) will help ensure that your approach to engagement planning is based on equality, partnership, and recognition, which will, in turn, help build trust. 

Review of the following resources will deepen your understanding of these concepts and how they may be integrated into your engagement plan:

• United Nations Declaration on the Rights of Indigenous Peoples. 
• Reconciliation Canada.
• Truth and Reconciliation Commission, Calls to Action and What We Have Learned: Principles of Truth and Reconciliation
• Good Practice Guide, Indigenous Peoples and Mining, International Council on Mining and Metals (ICMM)
• Prospectors and Developers Association of Canada, e3plus: A Framework for Responsible Exploration, Principles and Guidance Notes on Engagement
• Draft Principles that Guide the Province of British Columbia’s Relationship with Indigenous Peoples
• Truth and Reconciliation, Indigenous Peoples Atlas of Canada 
• Assembly of First Nations Report First Nations and Natural Resource Development: Advancing Positive, Impactful Change

The Truth and Reconciliation Commission (TRC), established in 2015, offers the following definition:

…Reconciliation is about establishing and maintaining a mutually respectful relationship between Aboriginal and non-Aboriginal peoples in this country. In order for that to happen, there has to be awareness of the past, an acknowledgement of the harm that has been inflicted, atonement for the causes, and action to change behavior… 

Understanding the historical legacy of the colonial era and the values of reconciliation will help you deepen your knowledge of Indigenous rights, interests, and perspectives on resource development. 

This information will be critical in your engagement planning and will help ensure that your engagement is built on trust, equality, partnership, recognition, and reconciliation. As a first step, we recommend researching the following foundational documents:

• Truth and Reconciliation Commission’s Calls to Action.
• United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
• Good Practice Guide, Indigenous Peoples and Mining, International Council on Mining and Metals (ICMM)
• Prospectors and Developers Association of Canada, e3plus: A Framework for Responsible Exploration, Principles and Guidance Notes on Engagement
• Draft Principles that Guide the Province of British Columbia’s Relationship with Indigenous Peoples.
• Assembly of First Nations Report First Nations and Natural Resource Development: Advancing Positive, Impactful Change

References:

Excellent! Work with employment and/or economic development officers, Elders and other community leaders to understand existing capacity (e.g., skills inventory and availability) and raise awareness of any current or future project employment opportunities. Hiring members of Indigenous groups is a key element of building long-term relationships where impacted communities are direct beneficiaries, decision-makers and economic partners. By hiring Indigenous employees you will enrich your workforce, and support recognition and reconciliation. 

As your next steps, we recommend the following:

• Develop specific targets, measures, and budgets for Indigenous engagement, recruitment, and retention.
• Establish provisions for your contractors and subcontractors to give priority to Indigenous hiring.
• Perform a workplace diversity and inclusion audit and identify further gaps in Indigenous employment. Work with Elders and other leaders to develop strategies to fill those gaps.
• Explore existing programs or new partnership opportunities with local and regional education providers to develop training programs that will help develop long-term transferrable skills that will enhance the capacity of Indigenous members to participate in project employment opportunities. Examples of existing programs include the Centre of Training Excellence in Mining, ECO Canada, and Aboriginal Business and Entrepreneurship Skills Training, among many others.

The Aboriginal Human Resources Development Council of Canada’s Lessons Learned from Project Work may also prove useful in guiding the development of your Indigenous employment, training, and capacity-building plan.

Indigenous employment and procurement will contribute towards your project’s benefits sharing objectives. As a first step, we recommend that you communicate with each Indigenous group’s employment officer to determine whether community members have interest and capacity to engage and work on your project. You will want to do the following to aide in these conversations: 

• Prepare detailed job descriptions, including skills required.
• Advertise project employment opportunities using publicly available sources (websites, community bulletin boards, local employment offices, etc.) and by sharing with each interested Indigenous group. 
• Participate in career fairs. Ensure that your project has representation at career fairs held by each interested Indigenous group.

Depending on the stage of your exploration program, we also recommend that you consider the following:

• Develop specific targets, measures, and budgets for Indigenous recruitment and retention.
• Establish provisions for your contractors and subcontractors to give priority to Indigenous hiring.
• Perform a workplace diversity and inclusion audit and identify further gaps in Indigenous employment. Work with Elders and other leaders to develop strategies to fill those gaps.
• Partner with local and regional education providers to develop training programs that will help develop long-term transferrable skills that will enhance the capacity of the Indigenous group to take better advantage of the project’s employment opportunities. Examples of existing programs include the Centre of Training Excellence in Mining, ECO Canada, and Aboriginal Business and Entrepreneurship Skills Training, among many others.

The Aboriginal Human Resources Development Council of Canada’s Lessons Learned from Project Work may also prove useful in guiding the development of your Indigenous employment, training, and capacity-building  plan.

Reference: AME IRR Engagement Guidebook: Chapter 4

• Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) Indigenous business directory 
• Canadian Council for Aboriginal Business (CCAB) Membership Directory 

• Engage with Indigenous groups to get a better understanding of their capacity and level of interest in working on your projects. 
• Develop specific targets and measures for local and Indigenous procurement.
• Develop provisions for your contractors and subcontractors to give priority to local and Indigenous suppliers.
• Advertise procurement opportunities using publicly available sources, such as websites, community bulletin boards, local economic development offices and similar.

• Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)  Indigenous business directory 
• Canadian Council for Aboriginal Business Membership Directory 
• Indigenous Business and Investment Council
• Province of BC – Indigenous Organizations and Services
• Métis Nation BC Business Directory

• Identify local businesses and determine their capacity and level of readiness. If there are gaps, work with group leaders to obtain their recommendations on how these gaps may be filled through additional training or other initiatives.
• Develop specific targets for local and Indigenous procurement.
• Develop provisions for your contractors and subcontractors to give priority to local and Indigenous suppliers.
• Advertise procurement opportunities using publicly available sources such as, websites, community bulletin boards, local economic development offices and similar.

Great! It is important to have a plan for how to approach and resolve disagreements.  An easy to use, fair, and consistent process to address differences or disputes will help to strengthen your relationship with Indigenous groups and build your reputation as a socially responsible proponent.

An additional benefit of a formalized dispute resolution process is documentation. An integral part of setting up a dispute resolution process includes keeping good records of your engagement and the steps taken to resolve issues. Clear, consistent records of events will help you navigate regulatory processes and associated government consultation processes.

Key points to consider when developing a dispute resolution process include:

• Is your process clearly described and easy to understand and implement?
• Is it clear that there are no consequences or repercussions for Indigenous groups or individuals who choose to enter the process?
• Is your process generally consistent between different Indigenous groups (i.e., not seen to favour one)?
• Is the escalation process (i.e., how the issue moves up the chain of command if no satisfactory resolution is achieved) consistent and predictable?
• Do you have the best people in place to build and maintain relationships with Indigenous communities? Involving your best relationship-builders at the earliest stages of engagement and keeping them involved in the day-to-day communications can help prevent misunderstandings that can lead to disagreements. 
• What is your tolerance for no resolution (i.e., at what point will you “agree to disagree”)? This may be different for different types of issues.
• Are you able to share your intended process from the outset with the Indigenous group? This may help you build trust within a new relationship.
• Are you open to receiving feedback on your process from Indigenous groups (related to the question above)?
• Will you involve your CEO in the process on a regular basis? Sometimes, especially in larger companies, it can be advantageous to keep the CEO in reserve to deal with the biggest issues, and “chief-to-chief” discussions. Other times it is better, even essential, to launch a relationship by arranging “chief-to-chief” meetings at the beginning of your engagement process.

It is important to have a plan for how to approach and resolve disagreements.  An easy to use, fair, and consistent process to address differences or disputes will help to strengthen your relationship with Indigenous groups and build your reputation as a socially responsible proponent.

The plan should be succinct and easy to understand and implement.

Formalizing a mechanism to resolve disagreements is often not considered until later stages of project development, for example when negotiating a formal agreement such as a communication protocol, capacity funding agreement, or economic benefit agreement. Often these sorts of agreements will include a clause outlining a need or commitment to establish a dispute resolution process. 

While disagreements are not common early in the engagement process, an easy to use, fair, and consistent process to address differences or disputes will help you understand and resolve potential problems sooner. It will also encourage you to keep good records of engagement and document how issues raised are addressed. Clear, consistent records of events can help you to better navigate regulatory processes and associated government consultation processes.

Key points to consider when developing a dispute resolution process:

• The process should be clearly described and easy to understand and implement.
• The process should generally be consistent between different Indigenous groups (i.e., so you are not seen to favour one over others).
• The escalation process (i.e., how the issue moves up the chain of command if no satisfactory resolution is achieved) should be consistent and predictable.
• Your team’s best relationship-builders should be involved at the earliest stages; keeping those people involved in the day-to-day communications can help to prevent misunderstandings that can lead to disagreements. 
• Determine your tolerance for no resolution (i.e., at what point will you “agree to disagree”?). This may be different for different types of issues.
• You may wish to share your intended process from the outset with the Indigenous group if your company policies allow it; this may help you to build trust within a new relationship.
• If you do share it, you should be open to receiving feedback on your process from the Indigenous group.
• Determine if you will involve your CEO in the process on a regular basis. Sometimes, especially in larger companies, it can be advantageous to keep the CEO in reserve to deal with the biggest issues, and “chief-to-chief” discussions. Other times it is better, even essential, to launch a relationship by arranging “chief-to-chief” meetings at the beginning of your engagement process.

Excellent! While there is no legal requirement or obligation for proponents to provide capacity funding¹ to Indigenous groups, it is in your interest to ensure that they are able to engage with you.

Some potential costs that Indigenous groups might incur to engage with you include: 

• Staff time (e.g., natural resources manager or lands manager) spent reviewing documents and communicating with you.
• Other office resources (e.g., admin time, printing and scanning documents, etc.) related to reviewing your project, scheduling meetings, sending correspondence, etc.
• Travel (time and costs) to attend meetings with you.
• Time spent by community knowledge holders (e.g., Elders) to provide feedback on your project area and potential concerns (this is often addressed via “honouraria” or per diems).

Providing a reasonable level of funding to these groups may assist your engagement process by allowing them to dedicate staff and/or time to review and discuss your project. For more advanced, larger exploration projects in communities with little to no capacity, it may be reasonable to provide funding for the Indigenous group to contract third-party experts to assist them with their review of project documents.

Some Indigenous groups have developed their own engagement guidelines or policies, which may include fees and/or per diems expected from proponents at certain engagement stages. Most Indigenous groups who have such policies will let you know when you first approach them. Make sure you know their fees and budgets before drafting your overall engagement budget. 

It can be a challenge to determine what is reasonable in terms of reimbursing an Indigenous group for the costs they incur engaging with your project. 

You may wish to consider the stage of your project, scale of your exploration program, volume of information being sent by you to the Indigenous group regarding your project, and ability of your budget to cover such costs. It is important to negotiate a succinct capacity funding agreement that clearly describes deliverables and formalizes any such payments you may make.

If you are aware of other proponents working in the vicinity, consider reaching out to them to inquire if they have any recent experience with the Indigenous group, and whether they are aware of any specific communication protocols and/or fees. This may assist you in determining reasonable budget allocations.

Proponents have varying levels of capacity, both in terms of staff and financial resources. Smaller junior explorers often have limited resources to support capacity funding programs. It is still possible to undertake a meaningful engagement program even if you are not able to cover all of an Indigenous group’s anticipated engagement costs. Being open with the Indigenous group about the stage and scale of your project (and the exploration process in general) will help them understand your own financial limitations.

Some examples of ways to balance capacity challenges of both an Indigenous group and a proponent include:

• Travelling to the Indigenous group’s location/office to meet and exchange information about the project, rather than asking them to travel.
• Holding in-person meetings whenever possible to present and discuss new project information, rather than sending large documents with requests for review and comments by a certain date.
• Ensuring that proponent representatives who attend such meetings are knowledgeable about the project, potential effects and mitigation measures, and can speak in plain language without industry jargon.
• Working with community representatives to schedule a public meeting at a time when most community members should be able to attend, and providing catering for a meal, if possible.
• Showing an openness to discuss and negotiate future funding or economic agreements if the project progresses to a later stage of exploration where budgets might allow additional room for this. 
• Considering other ways to increase capacity and/or training in the community within your project budget, such as provision of job opportunities for community members on the exploration team, and/or contract opportunities for local, qualified Indigenous-owned businesses (e.g., catering, expediting, core boxes, etc.).

¹ This discussion is specific to considering funding for engagement activities directly between a proponent and an Indigenous group; consultation processes conducted by government during a regulatory/permitting process, while they may be informed by the proponent’s engagement activities, are separate and should not be funded by proponents; any funding requests to respond to a government consultation process should be directed to government to address.

While there is no legal requirement or obligation for proponents to provide capacity funding² to Indigenous groups, it may be useful to consider, especially when working with groups with capacity challenges. Capacity challenges can include a lack of knowledge or experience with the mineral exploration industry, a shortage of employees dedicated to reviewing natural resource project proposals, and/or a lack of financial capacity to support community members or representatives to attend project-related meetings. Remote communities may have additional challenges, such as inconsistent internet connectivity (making electronic engagement on project documents difficult and time-consuming), and difficulty travelling to meetings. 

When you ask an Indigenous group to engage with you on your project, they may incur costs such as:

• Staff time (e.g., natural resources manager, lands manager, or contracted subject matter expert) spent reviewing documents and communicating with you.
• Other office resources (e.g., admin time, printing and scanning documents, etc.) related to reviewing your project, scheduling meetings, sending correspondence, etc.
• Travel (time and costs) to attend meetings with you.
• Time spent by community knowledge holders (e.g., Elders) to provide feedback on your project area and potential concerns (this is often addressed via “honouraria” or per diems).

Providing a reasonable level of funding to these groups may assist your process of engagement by allowing them to dedicate staff and/or time to review and discuss your project. For more advanced, larger exploration projects in communities with little to no capacity, it may be reasonable to provide funding for the Indigenous group to contract third-party experts to assist them with their review of project documents.

Smaller junior explorers often have limited resources to support capacity funding programs. It is still possible to undertake a meaningful engagement program even if you are not able to cover all of an Indigenous group’s anticipated engagement costs. Being open with the Indigenous group about the stage and scale of your project (and the exploration process in general) will help them understand your own financial limitations.

Some examples of ways to balance capacity challenges of both an Indigenous group and a proponent include:

• Travelling to the Indigenous group’s location/office to meet and exchange information about the project, rather than asking them to travel.
• Holding in-person meetings whenever possible to present and discuss new project information, rather than sending large documents with requests for review and comments by a certain date.
• Ensuring that proponent representatives who attend such meetings are knowledgeable about the project, potential effects and mitigation measures, and can speak in plain language without industry jargon.
• Working with community representatives to schedule a public meeting  at a time when most community members should be able to attend, and providing catering for a meal, if possible.
• Being open to discuss and negotiate future funding or economic agreements if the project progresses to a later stage of exploration. 
• Considering other ways to increase capacity and/or training in the community within your project budget, such as provision of job opportunities for community members on the exploration team, and/or contract opportunities for local, qualified Indigenous-owned businesses (e.g., catering, expediting, core boxes, etc.).

Some Indigenous groups have developed their own engagement guidelines or compensation policies, which may include fees and/or per diems expected from proponents at certain stages of engagement. While it may be reasonable to expect reimbursement of time and resources used by staff or other representatives of the Indigenous group on your project, some proponents may need assistance in determining what amount is reasonable depending on the circumstances. 

You may wish to consider the stage of your project, scale of your exploration program, volume of information being sent by you to the Indigenous group regarding your project, and the ability of your budget to cover such costs. It may also be useful to consider negotiating a succinct capacity funding agreement that formalizes any such payments you may make, and other responsibilities expected by each party of the other (e.g., review of materials within a certain time frame). 

Most Indigenous groups who have engagement or compensation policies will let you know upon initial communication with you. If you wish to prepare an initial engagement budget prior to contacting them, you can check if the group has their own website; many do, and they may have engagement and communication information housed there (some even post their policies). While the absence of such information on their website does not mean a group does not have such a policy, it is a good place to start seeking information to inform your engagement plan and budget. 

If you are aware of other proponents working in the same vicinity, you may wish to consider reaching out to them to inquire if they have any recent experience with the Indigenous group, and whether they are aware of any specific communication protocols and/or fees.

² This discussion is specific to considering funding for engagement activities directly between a proponent and an Indigenous group; consultation processes conducted by government during a regulatory/permitting process, while they may be informed by the proponent’s engagement activities, are separate and should not be funded by proponents; any funding requests to respond to a government consultation process should be directed to government to address.

References:

• Notifications to Indigenous groups of the project’s initial information and progress; 
• Discussions of the project’s activities with the Indigenous groups, any issues and concerns raised, and any commitments made to address them.

It is common, especially at the beginning of an engagement process, for Indigenous groups to tell a proponent that they only consult with the Crown. If that happens, you should let the Indigenous group know you understand it is government that is responsible for consultation and explain that your role as the proponent is one of information sharing and relationship building. It is important to keep track of this information sharing and of any concerns and issues raised.

In order to keep clear records of communication and so that all engagement is documented, you should assign a member of your company to record and keep track of all forms of communication and interactions that might be considered engagement.

The government undertakes its duty to consult Indigenous groups through its referral process before exploration activities can take place. During this process, information submitted in the Notice of Work (NoW) application is distributed to the identified Indigenous groups and government ministries for consultation and input. Consultation activities and outcomes, including the procedural elements of consultation efforts made by proponents, are considered by the Ministry of Energy, Mines and Petroleum Resources when deciding whether to issue a NoW permit, and with what conditions. Projects that do not require a NoW permit will also benefit from strong record keeping. 

Reference: AME IRR Engagement Guidebook, Chapter 4.

Great! Records of Indigenous engagement are a critical part of most licensing processes as well as non-regulated exploration activities. Some common tools for tracking engagement include simple spreadsheet or database programs or specifically designed engagement software. Regardless of the type of template, ensure that it includes the following entries at a minimum:

• Date
• Name of the Indigenous group
• Name of Indigenous persons or representatives involved in the engagement
• Name of company personnel or representatives involved in the engagement  
• Type of contact (e.g., email, meeting, Chief and Council meeting, teleconference, cultural or community event, site visit, etc.). 
• Summary of discussion
• Concerns and issues raised
• Mitigation measures discussed
• Follow-up required and whether issues were resolved or addressed.

Ensure that staff are trained in the use of all information templates and tracking tools. Record every interaction, specify issues, corporate responses, and commitments. Keep copies of all hard and electronic communications following a formalized records and retention policy (including data back-ups).

Interactions with Indigenous groups may include in-person meetings, site visits, phone calls, emails, letters, faxes, and any other means of communication. These interactions are a critical part of most licensing processes as well as non-regulated exploration activities. 

Some common tools for tracking engagement include simple spreadsheet or database programs or specifically designed engagement software. If the Indigenous groups are expected to use the software, ensure that they have been trained in its use. Regardless of the type of template, ensure that it includes the following entries at a minimum:

• Date
• Name of Indigenous persons or representatives involved in the engagement
• Name of company personnel or representatives involved in the engagement  
• Type of contact (e.g., email, meeting, Chief and Council meeting, teleconference, cultural or community event, site visit, etc.). 
• Summary of discussion
• Concerns and issues raised
• Mitigation measures discussed
• Follow-up required and whether issues were resolved or addressed.

Alternatively, you may wish to utilize a template provided by the Province such as the Proponent tracking template for Indigenous consultation or template in the Government of BC Guide to Involving Proponents When Consulting First Nations. 

Ensure that staff are trained in the use of all information templates and tracking tools. Record every interaction, specify issues, corporate responses, and commitments. Keep copies of all hard and electronic communications following a formalized records and retention policy (including data back-ups).

References: