A number of First Nation governments have specific laws or policy documents that spell out their expectations. These documents are found in full on the Guide website.
Eight of the Yukon First Nations with Modern treaties have guides or policies that industry would be wise to understand when developing their approaches to engagement. In addition to being informed on their treaties, Self-government Agreements and constitutions, the following are other guides important for industry to review.
Vuntut Gwitchin First Nation: Based on its powers, the VGFN Government has established the Vuntut Gwitchin Government Oil and Gas Engagement Policy (2017) with provisions on engagement and consultation. Although the focus is the oil and gas industry, it clarifies what VGFN views as essential to engagement with its Government and citizens. As this document is undergoing citizen review and because it applies to the oil and gas industry, it is important to discuss with VGFN its appropriate application to mineral exploration in the VGFN Traditional Territory. The link on the Guide website will give access to the revised Policy when it is approved by citizens at some point in the future.
The VGFN Traditional Territory is also covered by the “Final Recommended North Yukon Land Use Plan NICHIH GWANAŁ’IN • LOOKING FORWARD” (2009). This is a Plan that will have ongoing significant impact on how the three governments (First Nation, territorial and federal) and assessment and regulatory bodies (for instance YESAB and the Water Board) treat the assessment and regulatory processes in this region.
Tr'ondëk Hwëch'in First Nation: The THFN provides exploration companies with a number of documents that inform good engagement and consultation in their Traditional Territory. The “Tr’ondëk Hwëch’in Mining Mandate November 2011”, the “Tr’ondëk Hwëch’in Best Practices for Heritage Resources, March 2011” and the “Mining Engagement Flowchart” are useful. It is important to note that THFN is undertaking consultations with citizens to update both the Mining Mandate and its Heritage Resources documents. In addition, the Flowchart is considered dated. Therefore, it is important for an exploration company to open discussions with THFN at an early stage to ensure that they have the latest requirements that apply to work in THFN Traditional Territory. Also, the links on the Guide website will provide the most up to date version of these documents.
These documents are to be considered for engagement relating to hard rock exploration and do not apply to placer mining in THFN Traditional Territory.Individuals undertaking placer exploration are encouraged to discuss the THFN rights, interests, and concerns directly with First Nation representatives so as to ensure a comprehensive understanding of the expectations prior to planning a placer related project.
The THFN Aboriginal Mining Guide: How to negotiate lasting benefits for your community, published by the Canadian Centre for Community Renewal in collaboration with Tr’ondëk Hwëch’in and the Canadian Northern Economic Development Agency, can also assist in an understanding of the First Nation’s interests where engagement is concerned.
Teslin Tlingit Council: The “Teslin Tlingit Council Mining Policy” (2008) provides guidance to industry. However, the document is now dated, and TTC asks that it not be relied upon as a reflection of its current requirements. Links on the Guide website will be updated to capture the most recent version of this and other informative documents.
In addition, TTC has commenced community discussions on the development of a sub-regional land use plan associated with land activities and rights along the Alaska Highway corridor through its Traditional Territory, and this planning initiative may have an impact on the exploration industry when implemented.
Kwanlin Dün First Nation: The Kwanlin Dun First Nation Lands and Resources Act is of particular importance to industry. In addition to this law, it is of note that the Government is conducting extensive citizen consultation to deal specifically with engagement and consultation on lands, resources and heritage interests in their Traditional Territory.
Kluane First Nation: An important law that applies to lands owned by the KFN is the Lands and Natural Resources Act. The Act provides for consultation with citizens, and also the process for land use planning that will apply to KFN Settlement Lands.
KFN’s “Proponent’s Engagement Guide” (draft 2012) provides useful information as a starting point to engagement. Information regarding the First Nation’s interest in negotiating three levels of agreement with exploration companies is provided (Memorandum of Understandings for early stage activities, Exploration Agreements for more advanced projects, and Impact Benefits Agreements for advanced exploration projects).
KFN has partnered with the Yukon Government and Yukon Geological Survey to enhance the geologic understanding of their Traditional Territory with an Aeromagnetic Survey.
First Nation of Na-Cho Nyak Dun: NND has a Lands and Resources Act that applies on Settlement lands. In addition, there are two documents the First Nation asks exploration companies use as a starting point for their relationship with them. The first is the “Cooperative Engagement Process for Economic Activities Proposed in the Traditional Territory of the First Nation of Na-Cho Nyäk Dun” (2008) and the second, “Guiding Principles towards Best Practices Code for Mineral Interests” (2008).
NND has a history of successful engagement with exploration and mining companies, which provides a solid foundation for future projects. As a part of their General Assembly, companies are invited to attend Industry Day and make presentations and answer questions from citizens.
NND is also contemplating the establishment of a sub-regional land use planning process along the Stewart River. This may impact development and trigger engagement to discuss potential impact of movement through the corridor, or exploration activities that take place in the corridor.
Champagne & Aishihik First Nations: CAFN has two Acts that apply to their Category B lands. The Traditional Activities Protection Act protects traditional activities and provides permitting authority for its “Mineral Industry Code For Quartz and Coal Activity”. Both the Act and the Code are in revision. The Lands Act provides for surface permits such as camps. Updated versions of these documents will be uploaded to the Guide website or links will be provided.
The Mineral Industry Code (MIC) combines the traditional governance practice of relationship building through annual pre-season and post-season meetings, with the conventional permitting process. Together they create a land management system that gains the benefits of both systems. The MIC provides direction for exploration work within the Traditional Territory and on Category B Settlement Land.
Carcross/Tagish First Nation: The CTFN Land Interest Act applies to Settlement lands. This is supported by the Land Management Board Regulation (2014) which sets up a Board with responsibility for the use and disposition of Settlement Land. Although its main role is implementation of the Land Claim Agreement, the Board also engages with outside interests.
To assist the exploration industry in how to engage, it is useful to consider CTFN’s “Land Management Policy” (2012). In addition, the mandate given to the Heritage, Lands and Natural Resources Department through the “Priorities Letter: Heritage, Lands, and Natural Resources” (2017) is useful to understand the First Nation perspective on development. With a holistic orientation, it calls on the department “…to protect the environment, health, education and aboriginal rights of our people; to continue to preserve and protect our culture, traditions and languages; to protect and develop our natural resources and strengthen our economy and the government of the Carcross/Tagish First Nation for our future generations.”