Common use of Aboriginal Rights and Interests Clause in Contracts

Aboriginal Rights and Interests. The Joint Review Panel shall accept as part of its record and review information from Aboriginal groups related to the nature and scope of asserted or established Aboriginal or treaty rights in the area of the project, as well as information on the potential adverse environmental effects that the project may have on asserted or established Aboriginal or treaty rights, and information regarding any measures proposed to avoid or mitigation potential adverse effects of the project on asserted or established Aboriginal or Treaty rights. The Joint Review Panel may also receive information provided in this regard by other participants, federal authorities or government, and provincial departments or government. The Joint Review Panel shall consider:  Evidence presented by participants concerning any potential project effects to asserted or established Aboriginal or treaty rights, such as: o Any potential effects on current uses of lands and resources by Aboriginal persons for traditional purposes; o Any effects (including the effects related to increased access and fragmentation of habitat) on hunting, fishing, trapping, cultural and other traditional uses of the land (e.g. collection of medicinal plants, use of sacred sites), as well as related effects on lifestyle, culture, health and quality of life of Aboriginal persons; o Any effects of alterations to access into areas used by Aboriginal persons for traditional uses; o Any adverse effects of the project on the ability of future generations to pursue traditional activities or lifestyle; o Any effects of the project on heritage and archaeological resources in the project area that are of importance or concern to Aboriginal groups;  Evidence presented by participants concerning the measures proposed to manage, mitigate and compensate any identified effects on asserted or established Aboriginal rights and interests. For the purposes of its report, the Joint Review Panel shall document claims of Aboriginal or treaty rights as presented by participants and consider the effects of the project on the Aboriginal or treaty rights so presented. The Joint Review Panel may use this information to make recommendations that relate to the manner in which the project may adversely affect the Aboriginal or treaty rights asserted by participants. The Joint Review Panel shall reference in its report: o the information provided by participants regarding the manner in which the project may adversely affect asserted or established Aboriginal or treaty rights; and o the information provided by participants regarding the strength of claim in respect of Aboriginal or treaty rights asserted by a participant, including information about the location, extent, bases and exercise of those asserted Aboriginal or treaty rights in the area of the project. The Joint Review Panel, based on its assessment of the environmental effects of the project, may recommend measures to mitigate any adverse environmental effects caused by the project that could adversely impact or infringe on those potential or established Aboriginal or treaty rights that were identified. The Joint Review Panel is not required by these Terms of Reference to make any determinations as to: o the validity of Aboriginal or treaty rights asserted by a participant or the strength of such claims; o the scope of the Crown’s duty to consult an Aboriginal group; or o whether the Crown has met its respective duties to consult or accommodate in respect of rights recognized and affirmed by section 35 of the Constitution Act, 1982. Nothing in these Terms of Reference limits the application of section 21 of XXXX or Part 2 of the Administrative Procedures and Jurisdiction Act to the AER, and the Joint Review Panel (in its capacity as a division of the AER) remains at all times subject to the requirements of those provisions, and is entitled to exercise the powers under Part 2 of the Administrative Procedures and Jurisdiction Act, including but not limited to section 13 thereof.

Aboriginal Rights and Interests. The Joint Review Panel shall accept as part of its record and review information from Aboriginal groups related to the nature and scope of asserted or established Aboriginal or treaty Treaty rights in the area of the projectProject, as well as information on the potential adverse environmental effects that the project Project may have on asserted or established Aboriginal or treaty Treaty rights, and information regarding any measures proposed to avoid or mitigation mitigate the potential adverse effects of the project Project on asserted or established Aboriginal or Treaty rights. The Joint Review Panel may also receive information provided in this regard by other participantsthe Proponent, interested parties, federal authorities or government, and provincial departments or government. The Joint Review Panel shall consider:  Evidence presented by participants concerning any potential project effects to asserted or established Aboriginal or treaty rights, such as: o Any potential effects on current uses of lands and resources by Aboriginal persons for traditional purposes; o Any effects (including the effects related to increased access and fragmentation of habitat) on hunting, fishing, trapping, cultural and other traditional uses of the land (e.g. collection of medicinal plants, use of sacred sites), as well as related effects on lifestyle, culture, health and quality of life of Aboriginal persons; o Any effects of alterations to access into areas used by Aboriginal persons for traditional uses; o Any adverse effects of the project on the ability of future generations to pursue traditional activities or lifestyle; o Any effects of the project on heritage and archaeological resources in the project area that are of importance or concern to Aboriginal groups;  Evidence presented by participants concerning the measures proposed to manage, mitigate and compensate any identified effects on asserted or established Aboriginal rights and interests. For the purposes of its report, the Joint Review Panel shall document claims of Aboriginal or treaty rights as presented by participants and consider the effects of the project on the Aboriginal or treaty rights so presented. The Joint Review Panel may use this information to make conclusions and recommendations that relate to the manner in which the project Project may adversely affect the Aboriginal or treaty rights asserted by participants. The Joint Review Panel shall reference in its report: o the information provided by participants regarding the manner in which the project may adversely affect impact asserted or established Aboriginal or treaty rights; and o the information provided Treaty rights as described by participants regarding the strength of claim in respect of Aboriginal persons or treaty rights asserted by a participant, including information about the location, extent, bases and exercise of those asserted Aboriginal or treaty rights in the area of the projectgroups. The Joint Review Panel, based on its assessment of the environmental effects of the projectProject, may recommend measures to mitigate any adverse environmental effects caused by the project Project that could adversely impact or infringe on those potential asserted or established Aboriginal or treaty Treaty rights that were identified. The Joint Review Panel is shall summarize in its report: o the information provided regarding the manner in which the Project may adversely impact asserted or established Aboriginal or Treaty rights; and o where appropriate, the information on the potential infringement that the Project may cause on asserted or established Aboriginal or Treaty rights. The Joint Review Panel may, where appropriate, provide recommendations on any additional measures to mitigate potential adverse impacts to asserted or established Aboriginal or Treaty rights. The Joint Review Panel shall not required by these Terms of Reference to make any determinations as to: o the validity of asserted or established Aboriginal or treaty Treaty rights asserted by a participant an Aboriginal group or the strength of such claims; o the scope of the Crown’s duty to consult an Aboriginal group; or o whether the Crown has met its respective duties to consult or accommodate in respect of rights recognized and affirmed by section 35 of the Constitution Act, 1982; or o any matter of Treaty interpretation. Nothing in these Terms of Reference limits the application of section 21 of XXXX or Part 2 of the Administrative Procedures and Jurisdiction Act to the AER, and the Joint Review Panel (in its capacity as a division panel of the AERAER hearing commissioners) remains at all times subject to the requirements of those provisions, and is entitled to exercise the powers under Part 2 of the Administrative Procedures and Jurisdiction Act, including but not limited to section 13 thereof.

Aboriginal Rights and Interests. The Joint Review Panel shall accept as part of its record and review information from Aboriginal groups related to the nature and scope of asserted or established Aboriginal or treaty rights in the area of the project, as well as information on the potential adverse environmental effects that the project may have on asserted or established Aboriginal or treaty rights, and information regarding any measures proposed to avoid or mitigation potential adverse effects of the project on asserted or established Aboriginal or Treaty rights. The Joint Review Panel may also receive information provided in this regard by other participants, federal authorities or government, and provincial departments or government. The Joint Review Panel shall consider:  • Evidence presented by participants concerning any potential project effects to asserted or established Aboriginal or treaty rights, such as: o Any potential effects on current uses of lands and resources by Aboriginal persons for traditional purposes; o Any effects (including the effects related to increased access and fragmentation of habitat) on hunting, fishing, trapping, cultural and other traditional uses of the land (e.g. collection of medicinal plants, use of sacred sites), as well as related effects on lifestyle, culture, health and quality of life of Aboriginal persons; o Any effects of alterations to access into areas used by Aboriginal persons for traditional uses; o Any adverse effects of the project on the ability of future generations to pursue traditional activities or lifestyle; o Any effects of the project on heritage and archaeological resources in the project area that are of importance or concern to Aboriginal groups;  • Evidence presented by participants concerning the measures proposed to manage, mitigate and compensate any identified effects on asserted or established Aboriginal rights and interests. For the purposes of its report, the Joint Review Panel shall document claims of Aboriginal or treaty rights as presented by participants and consider the effects of the project on the Aboriginal or treaty rights so presented. The Joint Review Panel may use this information to make recommendations that relate to the manner in which the project may adversely affect the Aboriginal or treaty rights asserted by participants. The Joint Review Panel shall reference in its report: o the information provided by participants regarding the manner in which the project may adversely affect asserted or established Aboriginal or treaty rights; and o the information provided by participants regarding the strength of claim in respect of Aboriginal or treaty rights asserted by a participant, including information about the location, extent, bases and exercise of those asserted Aboriginal or treaty rights in the area of the project. The Joint Review Panel, based on its assessment of the environmental effects of the project, may recommend measures to mitigate any adverse environmental effects caused by the project that could adversely impact or infringe on those potential or established Aboriginal or treaty rights that were identified. The Joint Review Panel is not required by these Terms of Reference to make any determinations as to: o the validity of Aboriginal or treaty rights asserted by a participant or the strength of such claims; o the scope of the Crown’s duty to consult an Aboriginal group; or o whether the Crown has met its respective duties to consult or accommodate in respect of rights recognized and affirmed by section 35 of the Constitution Act, 1982. Nothing in these Terms of Reference limits the application of section 21 of XXXX or Part 2 of the Administrative Procedures and Jurisdiction Act to the AER, and the Joint Review Panel (in its capacity as a division of the AER) remains at all times subject to the requirements of those provisions, and is entitled to exercise the powers under Part 2 of the Administrative Procedures and Jurisdiction Act, including but not limited to section 13 thereof.

Aboriginal Rights and Interests. The Joint Review Panel shall accept as part of its record and review information from Aboriginal groups related to the nature and scope of asserted or established Aboriginal or treaty rights in the area of the project, as well as information on the potential adverse environmental effects that the project may have on asserted or established Aboriginal or treaty rights, and information regarding any measures proposed to avoid or mitigation mitigate the potential adverse effects of the project on asserted or established Aboriginal or Treaty rights. The Joint Review Panel may also receive information provided in this regard by other participantsthe Proponent, interested parties, federal authorities or government, and provincial departments or government. The Joint Review Panel shall consider:  • Evidence presented by participants concerning any potential likely project effects to asserted or established Aboriginal or treaty rights, such as: o Any potential effects on current uses of lands and resources by Aboriginal persons for traditional purposes; o Any effects (including the effects related to increased access and access, fragmentation of habitathabitat and displacement of the exercise of traditional activities) on hunting, fishing, trapping, cultural and other traditional uses of the land (e.g. collection of medicinal plants, use of sacred sites), as well as related effects on lifestyle, culture, health and quality of life of Aboriginal persons; o Any effects of alterations to access into areas used by Aboriginal persons for traditional uses; o Any adverse effects of the project on the ability of future generations to pursue traditional activities or lifestyle; and o Any effects of the project on heritage and archaeological resources in the project area that are of importance or concern to Aboriginal groups;  . • Evidence presented by participants concerning the measures proposed to manage, mitigate and compensate any identified effects on asserted or established Aboriginal rights and interests. For the purposes of its report, the Joint Review Panel shall document summarize claims of Aboriginal or treaty rights as presented by participants and consider the effects of the project on the Aboriginal or treaty rights so presentedrights. The Joint Review Panel may use this information to make recommendations that relate to the manner in which the project may adversely affect the Aboriginal or treaty rights asserted by participantsrights. The Joint Review Panel shall reference in its report: o the information provided by participants regarding the manner in which the project may adversely affect asserted or established Aboriginal or treaty rights; and o the information provided by participants regarding the strength of claim in respect of Aboriginal or treaty rights that were asserted by a participantan Aboriginal group, including information about the location, extent, bases and exercise of those asserted Aboriginal or treaty rights in the area of the project. The Joint Review Panel, based on its assessment of the environmental effects of the project, may recommend measures to mitigate any adverse environmental effects caused by the project that could adversely impact or infringe on affect those potential asserted or established Aboriginal or treaty rights that were identified. The Joint Review Panel is not required by these Terms of Reference to make any determinations as to: o the validity of asserted Aboriginal or treaty rights asserted by a participant or the strength of such claims; o the scope of the Crown’s duty to consult an Aboriginal group; or o whether the Crown has met its respective duties to consult or accommodate in respect of rights recognized and affirmed by section 35 of the Constitution Act, 1982. Nothing in these Terms of Reference limits the application of section 21 of XXXX or Part 2 of the Administrative Procedures and Jurisdiction Act to the AER, and the Joint Review Panel (in its capacity as a division panel of the AERAER hearing commissioners) remains at all times subject to the requirements of those provisions, and is entitled to exercise the powers under Part 2 of the Administrative Procedures and Jurisdiction Act, including but not limited to section 13 thereof.