Consultation Requirements for Environmental Assessments
Consulting Canadians on matters of interest and concern to them is an important part of good governance, sound policy development and decision-making. In accordance with the Canadian Environmental Assessment Act and its regulations, Environmental Assessments (EAs) provide opportunities for public participation in activities undertaken by potential licensees and/or CNSC, including Aboriginal consultations.
The general principles of the duty to consult and accommodate were laid out in 2004 and 2005 by the Supreme Court of Canada in the Haida, Taku River and Mikisew Cree decisions. The duty to consult is founded on the honor of the Crown, which requires that the Crown (or an agent of the Crown) consult with and, if required, accommodate the interests of the Aboriginal peoples when the Crown is aware of real or asserted existence of an Aboriginal or treaty right; and contemplates a decision that might adversely affect the exercise of that right. The scope of consultation is proportionate to the asserted Aboriginal or treaty right and the impact of the potentially adverse effect upon it. Please see Aboriginal Consultation and Accommodation - Updated Guidelines for Federal Officials to Fulfill the Duty to Consult - March 2011.
As an agent of the Crown, the Canadian Nuclear Safety Commission (CNSC) must take into consideration the honor of the Crown when making regulatory decisions that may impact aboriginal rights.
Read more about the CNSC’s commitment to Aboriginal consultation.
If you or your community would like to learn more about the EA process, please send an email to EA@cnsc-ccsn.gc.ca or contact CNSC’s Environmental Assessment Division at 1-800-668-5284.