ENGAGEMENT FRAMEWORK Clause Samples
ENGAGEMENT FRAMEWORK. Background. This Appendix provides guidance to Provincial Agencies for proposing the appropriate engagement level for assessing the potential impacts of a Proposed Activity on Kitselas’ Aboriginal Interests and may also be used to identify the appropriate engagement level for assessing impacts, including activities outside of the Kitselas Territory that may impact Kitselas Aboriginal Interests. Proposed Engagement Levels. Provincial staff will in good faith refer to the assessment criteria and the activity table described below for guidance when determining the proposed engagement level for a Proposed Activity. Engagement Levels. The engagement levels contemplated in the Agreement will be as follows: Level 0 – No Engagement (No Notification): Activities with negligible potential impact or that are not associated with a provincial statutory decision. Provincial Agencies are not required to refer these Proposed Activities to Kitselas, though summary information may be provided upon request. No timelines.
Level 1 Notification Post Decision: Activities with low potential impact. Provincial Agencies are required to notify Kitselas as soon as possible following the decision. No timelines. Level 2 – Notification: Information regarding a Proposed Activity is shared with Kitselas before British Columbia makes a land and resource decision. Kitselas will respond within a ten day time-frame to indicate that Level 2 is acceptable and to provide readily available information on Kitselas’ Aboriginal Interests in the application area, after which no further engagement is required. If ▇▇▇▇▇▇▇▇ is of the view that the Proposed Activity requires further discussion, there is an opportunity to elevate the engagement level. Timelines – 10 days in total. Level 3 – Standard: Information regarding a Proposed Activity is shared with Kitselas before British Columbia makes a land and resource decision. Discussions occur between the representatives via phone, e-mail or in-person within a streamlined timeframe using information available within the application. Either Party may propose to change the engagement level by providing a reasonable rationale for the change. Timelines – 30 days total. Level 4 – Complex/Deep: Information is shared with Kitselas before British Columbia makes a land and resource decision. The process includes the same Consultation Process. The Co-chairs may by mutual agreement adjust any timelines on a specific consultation.
ENGAGEMENT FRAMEWORK. 6.1. The Parties acknowledge that until this Agreement is amended as per section 6.2, the administrative procedures outlined out in section 5.0, in addition to the process in Appendix E, will comprise the preliminary Engagement Framework.
6.2. Within 90 Business Days of the Effective Date, the Working Group will negotiate and attempt to reach agreement on amendments to the preliminary Engagement Framework, herein the Amended Engagement Framework.
6.3. The Amended Engagement Framework referenced in section 6.2 will include the following:
a) the respective roles and responsibilities, including respective decision-making authorities, of the PRRO and the First Nations with respect to the administration of Referrals and the provision of final Responses to Referrals;
b) an Engagement Matrix and the process steps and protocols to be followed for different engagement levels;
c) an administrative process for new, replacement, renewal and amendment Applications; and
d) the preferred standards for sharing information and the contents of a Referral package.
6.4. The Province will continue to follow the process steps for engagement outlined within the “Updated Procedures for Meeting Legal Obligations When Consulting First Nations, May 7, 2010” until the Parties agree to the effective date of the Amended Engagement Framework.
ENGAGEMENT FRAMEWORK. The Parties agree that the Engagement Framework generally contains three ways of determining the Engagement Levels for consultation and engagements on decisions and activities covered by this Agreement:
ENGAGEMENT FRAMEWORK. 5.1 The Clearinghouse will facilitate engagement between the Provincial Agencies and the Nanwakolas First Nations in accordance with the Engagement Framework in respect of an Application for decision received by a Provincial Agency under any of the legislation referred to in Appendix C.
5.2 If a Provincial Agency determines it is required to consult with a Nanwakolas First Nation(s) on a proposed decision under any of the legislation referred to in Appendix C that is applicable to, or has potential effects on Section 35 Rights within, the Traditional Territories and that decision is not triggered by an Application, the Provincial Agency will deal with the matter for the purposes of this Agreement, and will engage with the Nanwakolas First Nations through the Clearinghouse in accordance with the Engagement Framework, as if the matter was subject to an Application. For greater certainty, for the purposes of implementing the Engagement Framework, those types of proposed decisions requiring engagements with the Clearinghouse are to be interpreted as Applications, and the engagement provisions respecting Applications will apply in all respects to those proposed decisions.
5.3 The Parties acknowledge that engagements and consultation between the Provincial Agencies and the Nanwakolas First Nations facilitated through the Clearinghouse in accordance with the Engagement Framework will constitute the processes by which Provincial Agencies intend to fulfill consultation obligations owed to the Nanwakolas First Nations with respect to Section 35 Rights. For greater certainty, the processes may provide the means through which potential accommodation options may be identified and implemented as appropriate.
ENGAGEMENT FRAMEWORK. 2.1. The Parties will use the Engagement Framework in Table 1 of this Schedule to guide Engagement on potential Land and Resource Decisions and the Engagement Framework will be implemented upon the Implementation Date.