We support the recommendation that legislation be amended to explicitly require assessment of any significant impacts on Indigenous peoples. Proponents of major resource projects, including many Business Council members, are keenly aware of the obligation to understand and be sensitive to the needs and expectations of Indigenous communities. Much progress has been made in recent years and companies are adopting strategies aimed at early engagement with local Indigenous communities and more active involvement throughout the life cycle of a project, through planning, design, construction and ongoing operation. Yet there are almost always questions that are vital to the interests of these communities that only governments can answer. Much more needs to be done to both reflect the principle of genuine consultation and to develop the capacity of Indigenous communities to participate actively and effectively in the regulatory process. Business is more than willing to do its part, but the fundamental responsibility is one that only governments, federal and provincial, can discharge. We are prepared to support the idea raised in the discussion paper, that a single government agency with increased capacity be given responsibility to coordinate consultation and accommodation.

The Supreme Court of Canada has recently provided further guidance on the scope of Indigenous consultation and accommodation. These cases again illustrate the importance of early engagement, that due consideration be given to the rights granted by treaties and that the degree of consultation and accommodation is related to the significance of the impact on recognized rights. They also underscore the proposition that while the proponent and the government must always consider ways to minimize the impact to the largest extent possible, the decision in the end is one governed by the overall public interest.