Proponent-led Consultation

The legal duty to consult is an obligation that rests with the Crown; however, the law permits the Crown to delegate procedural aspects of consultation to project proponents. A proponent is defined as: an entity or person who is either seeking a Crown decision related to land and natural resource management or seeking an approval from the Alberta Energy Regulator (AER) under the specified enactments. Proponent-led consultation is the term used to describe a proponent who is carrying out procedural aspects of consultation delegated to them by the Crown.

In general, procedures that may be delegated to a proponent include:

  • Providing First Nations and/or Metis Settlements with plain language information on project scope and location.
  • Identifying potential short and long-term adverse project impacts.
  • Meeting with First Nations and/or Metis Settlements to discuss their concerns.
  • Developing mitigation strategies to minimize or avoid adverse impacts.
  • Implementing mitigation measures, as directed.
  • Creating a consultation record for Alberta, First Nations and/or Metis Settlements, including information on how specific concerns regarding adverse impacts have been addressed.

Proponents that have been delegated procedural aspects of consultation or are contemplating seeking a Crown decision/AER approval related to land and natural resource management are encouraged to review the Government of Alberta’s policies and guidelines, as well as the Government of Alberta’s Proponent Guide.

Activities administered by the Alberta Energy Regulator
Proponents seeking regulatory approval from the Alberta Energy Regulator (AER) for activities falling under the specified enactments can use the Electronic Disposition System to submit:

  • a Pre-consultation Assessment Request (used to determine whether consultation will be triggered by a proposed activity/project), and
  • an Adequacy Assessment Request (used to determine whether proponent-led consultation is or is not adequate).

Activities administered by Alberta Environment and Parks
Proponents seeking regulatory approval from Alberta Environment and Parks (AEP) for activities falling under Water Act or Environmental Protection and Enhancement Act must apply directly to AEP for consultation requirements.

Proponents seeking regulatory approval from AEP for activities falling under the Public Lands Act (except for agricultural dispositions) may continue to use the Electronic Disposition System to seek consultation requirements. Proponents seeking regulatory approval for an agricultural disposition must apply directly to AEP for consultation requirements. Proponents seeking more information are advised to contact the appropriate AEP regional office.

Activities administered by Alberta Agriculture and Forestry
Proponents seeking regulatory approval from Alberta Agriculture and Forestry (AAF) for activities failing under the Forests Act must apply directly to AAF for consultation requirements. Proponents seeking more information are advised to contact the appropriate AAF regional office.