Some explorers in Yukon have expressed frustration and confusion around the lack of clarity on the meaning of engagement, with whom to engage, how the process fits with Crown Consultation, and what the desired end results should be from the process. The exploration industry also is required to deal with the capacity issues within First Nation communities to participate in the engagement process and consultation programs. The minerals industry is also required to demonstrate an active and comprehensive engagement and consultation process for project approvals and to meet policy requirements in areas such as Corporate Social Responsibility (CSR) and for managing project related risks.
Across Canada, there are a number of common concerns for explorers and mining companies:
- The ways in which the Crown identifies communities to be consulted and managing change in the guidance provided to companies (i.e. differences between communities identified by federal versus provincial/territorial governments);
- Clarifying the role of governments in consultation, as well as appropriate roles of the mineral industry in engaging with communities;
- Assigning responsibility for the costs related to building and supporting Aboriginal capacity to participate in consultation;
- Establishing and adhering to timelines for consultation and decision-making;
- Assessing the adequacy of consultation;
- Accommodation:
- Establishing when it is required, in what form and who is responsible;
- Addressing the apparent lack of distinction between financial arrangements undertaken as part of the consultation and accommodation process, versus arrangements between companies and communities made to support community development and Aboriginal participation in the minerals industry.