ABORIGINAL CONSULTATIONS. Should there be any legal duty on the part of the Ultimate Recipient to consult or to accommodate Aboriginal groups with respect to the SJE Project or should other federal consultation requirements be found to have any application to the SJE Project, the Ultimate Recipient agrees that: No site preparation, vegetation removal or construction will occur for a SJE Project and Canada has no obligation to pay any Eligible Expenditures that are capital costs, as determined by Canada, until Canada is satisfied that any legal duty to consult, and where appropriate, to accommodate Aboriginal groups or other federal consultation requirements, have been met and continues to be met. If required, Canada must be satisfied that:
a) Aboriginal groups have been notified and, if applicable, consulted;
b) If applicable, a summary of consultation or engagement activities has been provided, including a list of Aboriginal groups consulted, concerns raised, and how each of the concerns have been addressed, or if not addressed, an explanation as to why not;
c) Accommodation measures, where appropriate, are being carried out by the Ultimate Recipient and these costs may be considered Eligible Expenditures; and
d) Any other information has been provided that Canada may deem appropriate.
ABORIGINAL CONSULTATIONS. The Recipient agrees that: No site preparation, vegetation removal or construction will occur for a Project and Canada has no obligation to pay any Eligible Expenditures that are capital costs, as determined by Canada, until Canada is satisfied that any legal duty to consult, and where appropriate, to accommodate Aboriginal groups or other federal consultation requirements, have been met and continues to be met. If required, Canada must be satisfied that:
a) Aboriginal groups have been notified and, if applicable, consulted;
b) If applicable, a summary of consultation or engagement activities has been provided, including a list of Aboriginal groups consulted, concerns raised, and how each of the concerns have been addressed, or if not addressed, an explanation as to why not;
c) Accommodation measures, where appropriate, are being carried out by the Recipient and these costs may be considered Eligible Expenditures; and
d) Any other information has been provided that Canada may deem appropriate.
ABORIGINAL CONSULTATIONS. The Parties are committed to a “Whole of Government” approach to Aboriginal consultations in the context of major resource projects to ensure that Aboriginal groups are sufficiently consulted, and where appropriate accommodated, when the Government of Canada contemplates actions that may adversely affect established or potential Aboriginal and treaty rights. To the extent possible, and with CEA Agency coordination during the EA Phase, the Parties and the Provincial Review Committee established under Section 22 of the JBNQA (COMEX) shall work together towards a coordinated approach for Aboriginal consultations. Following the EA phase, the responsibility for Aboriginal consultations shall be transferred from the CEA Agency to an RA for the regulatory phase. The Crown shall take into account the consultation efforts of the Province and the Proponent, to the extent possible, to meet its duty to consult. Where applicable, the terms and conditions of all existing agreements or protocols between the Crown and Aboriginal groups shall be complied with and followed. The Aboriginal consultation roles and responsibilities are identified in Xxxxx XXX.
ABORIGINAL CONSULTATIONS. Canada has determined that there is a legal duty to consult Aboriginal groups on the Project. The Recipient agrees that no site preparation, vegetation removal, or construction of the Project will occur, and Canada has no obligation to reimburse Eligible Expenditures, until Canada is satisfied that:
a) Aboriginal groups have been consulted;
b) A summary of consultation or engagement activities has been provided, including a list of Aboriginal group(s) consulted, concerns and issues raised, and the position(s) of the Aboriginal group(s);
c) Accommodation measures, where appropriate, are being implemented by the Recipient and these costs may be considered Eligible Expenditures; and
d) any other information has been provided that Canada may deem appropriate.
ABORIGINAL CONSULTATIONS. 2.1 Conditional commitment
a) The Recipient acknowledges that Canada's contribution is conditional upon Canada satisfying itself that any legal obligation to consult with, and where appropriate, accommodate Aboriginal groups has been met.
b) The Recipient acknowledges that Canada must be satisfied that the obligation as set out above continues to be met throughout the duration of the Project, and that if, as a result of changes to the Project or otherwise, Canada should determine that further consultation is required, the Recipient agrees, to work with Canada to ensure consultation, and if appropriate, accommodation obligations are met to Canada's satisfaction.
