Compendium of Indigenous Consultation and Engagement Practices

Since the CNSC started offering participant funding for meetings between Indigenous groups and staff in 2015, the CNSC has funded more than 36 meetings. CNSC staff have received positive feedback that the funding process is efficient and effective. In addition, five IK studies are currently being funded under the CNSC’s PFP.

As shown in Figure 2 below, in the past two years, the PFP awarded over $1,500,000 to eligible recipients with over 60% of the funding going towards Indigenous communities. During this time, funding awards to Indigenous groups have ranged anywhere from $1,000 to support a one-day meeting, to over $200,000 for an IK study. Since the inception of the program, the CNSC has seen a steady increase in requests for funding from Indigenous groups.

As requested, CNSC staff provide timely information and expertise to the Commission at public meetings that are not focused on licensing decisions, such as those for annual updates on the performance of the nuclear sector through RORs. Participant funding is made available to potentially interested Indigenous groups, members of the public and stakeholders to review each ROR and to intervene in the public meeting.

For each ROR, CNSC staff proactively identify and notify potentially interested Indigenous groups of the report, the opportunity to participate, and the availability of participant funding. In addition, the CNSC has recently allowed Indigenous intervenors (and not other intervenors) the opportunity to make oral presentations in cases where oral presentations were not otherwise part of the process. Whereas Indigenous intervenors previously had to ask for special permission to present orally, the CNSC now offers this option in recognition of the Indigenous oral tradition for sharing knowledge.

This process provides interested Indigenous groups an opportunity to review the CNSC’s regulatory oversight and performance of the nuclear sector in Canada and to provide comments directly to CNSC staff and the Commission on an annual basis, outside of more formal Commission hearings that focus on specific licensing decisions.

The CNSC is a quasi-judicial tribunal and an Agent of the Crown, which means that in parallel to contemplating licensing decisions, the Commission determines if any duty to consult has been met in respect of the decision. Through its approach to Indigenous consultation for licensing decisions with the potential to impact Indigenous and/or treaty rights, CNSC staff identify and encourage potentially affected and interested Indigenous groups to participate in the Commission hearing. Indigenous participation at hearings gives the Commission and all participants an opportunity to hear and meaningfully respond to issues or concerns.

Commission hearings also provide an opportunity for potentially affected and interested Indigenous groups to directly challenge what CNSC staff or licence applicants (proponents) have submitted to the Commission (in Commission member documents). During the public hearings, the Commission members ask questions of staff, the proponent and Indigenous groups, and all responses form part of the public record. As part of its decision, the Commission is able to place conditions on a licence, issue recommendations to licensees, or direct CNSC staff with respect to continued Indigenous consultation, engagement and/or implementation of accommodation measures such as mitigation of effects, pursuit of long-term relationship agreements, and/or Indigenous involvement in ongoing environmental monitoring and follow-up programs.

Where appropriate, Commission proceedings open with a culturally appropriate Indigenous ceremony and recognition of the local traditional or treaty territory. Commission hearings have also been translated into local Indigenous languages, such as Dene and Cree.

Commission public hearings are webcast live. Based on the Commission’s hearing procedures, participants can intervene in writing, in person or via telephone or videoconference where available.

Commission hearings form an important part of the CNSC’s approach to Indigenous consultation and engagement and provide a transparent, thorough and meaningful way for Indigenous groups to be involved in the regulatory review process for major nuclear facilities.

Commission hearings also form an important aspect of the CNSC’s consultation process as part of the duty to consult and, where necessary, accommodate.

In addition to licensees’ regulated environmental monitoring programs, the CNSC established the IEMP to verify that the public and environment around CNSC-regulated nuclear facilities are not adversely affected by releases to the environment from a nuclear facility. This verification is achieved through independent sampling of environmental media in publicly accessible areas around nuclear facilities and analysis by the CNSC’s independent laboratory. The sampling program and results are posted on the CNSC’s interactive IEMP Web page.

The CNSC understands that environmental protection and monitoring are important to Indigenous peoples and have actively engaged potentially interested Indigenous communities with respect to the IEMP. The CNSC’s Participant Funding Program is made available to Indigenous communities to assist them in participating in the IEMP.

Prior to each sampling campaign around a CNSC regulated facility, CNSC staff sends a notification to potentially interested Indigenous communities to inform them of planned sampling activities and invite input and/or suggest a meeting to provide more information on the program. Recently, Indigenous communities have collaborated with CNSC staff on the selection of sampling locations and other considerations, and have also been provided with honoraria to directly accompany CNSC staff during sampling activities.

CNSC staff also encourage communities to provide feedback on the program and input into future sampling campaigns so that CNSC can incorporate, to the greatest extent possible, sampling locations, environmental media and foodstuffs that are important to Indigenous peoples. This is a unique program that contributes to building trust between the CNSC and Indigenous communities.

Conducting outreach and engagement activities on a regular basis, outside of a formal regulatory process helps to build relationships, trust and helps CNSC staff learn more about the history, rights, interests, and culture of Indigenous groups with an interest in CNSC-regulated facilities.

Upon invitation, CNSC staff will participate in community events and workshops, including opportunities to provide CNSC’s "Meet the Regulator" presentations. For example, the CNSC has participated in annual tours of Indigenous communities in northern Saskatchewan along with CNSC licensees.

Proactively, CNSC staff are embarking on a long-term Indigenous engagement strategy under which the CNSC is initiating regular structured dialogue, supported by terms of reference, when appropriate, for long-term relationship agreements with Indigenous groups with a direct interest in CNSC-regulated facilities.

CNSC staff have received a number of requests to participate in community events. As a result of their participation in these events and activities, CNSC staff have received feedback from Indigenous communities that they appreciate it when they participate in their community events and visit on a regular basis. The view is that it demonstrates that CNSC staff care about the relationship with their community.

As it is currently still being developed, it is too early to know if the long-term Indigenous engagement strategy is effective. However, identified Indigenous groups have provided positive early feedback on the strategy’s approach and intent.

The CNSC has a dedicated team of approximately six full-time equivalent employees with expertise in Indigenous consultation and engagement policy and operational practices.

The role of the Indigenous relations team is to provide strategic advice to CNSC staff on the duty to consult and any associated accommodation considerations, as well as practices required for upholding the honour of the Crown and for building positive relationships with Indigenous groups with respect to the regulated activities.

In addition, the Indigenous relations team coordinates and conducts engagement and supports consultation activities along with other CNSC experts and project officers, and it is actively involved in licensing and environmental assessment review processes including answering questions before the Commission tribunal. The team also develops policy and guidance to ensure that CNSC’s Indigenous engagement and consultation practices stay effective and relevant. Upon request, experts from the team identify or provide training opportunities and information on Indigenous consultation, history, culture and rights to CNSC staff, management and the Commission.

The CNSC also has a strong governance structure for oversight and alignment, including a director-general level steering committee (Indigenous Relations Steering Committee) that meets regularly to discuss policy and operational matters with respect to Indigenous relations.

Having a dedicated team of experts and strong governance structure helps to ensure consistency and a high standard of Indigenous consultation and engagement activities across the organization.