Government of Canada Policy

The Minerals and Metals Policy of the Government of Canada

V. Aboriginal Communities: Promoting Involvement in Minerals and Metals Activities

The Government acknowledges important Aboriginal concerns and interests that are related to mineral development, particularly:

a relationship between the political aspirations and rights of Aboriginal peoples and mineral development;
the significant potential contribution of exploration and mineral development to the economic well-being of Aboriginal peoples;
the potential adverse impacts of mineral development on the social structures of Aboriginal peoples; and
the potential contribution that information, including traditional knowledge, can make in relation to the planning and assessment of proposed projects.

The Government of Canada respects existing provincial, territorial and municipal mechanisms for mineral development. Within matters of federal jurisdiction, it promotes cost-effective regimes for the sustainable development of minerals and metals on lands under claim, settlement areas, and Indian reserves.

Federal policies vary depending on whether the mining development takes place on Indian reserves, lands involved in claims negotiations, other federal lands, or off-reserve provincial lands. When development occurs on Indian reserves, the Government, in carrying out its responsibilities under the Indian Act, has as objectives: a fair return to the First Nations from their minerals, protection of the environment, rehabilitation and restoration of the site for future generations, and First Nations involvement in projects, in keeping with their aspirations. Through mechanisms such as the First Nations lands initiative and the federal policy on the inherent right of self-government, the Government encourages First Nations control over reserve lands and resources.

The Government affirms its support for the timely resolution of land claims to remove uncertainty over the ownership and use of land and resources, and to encourage self-reliance by Aboriginal communities and promote their participation in economic opportunities.

The Government affirms
its support for the timely
resolution of land claims…

Off-reserve federal lands are located primarily in the Yukon and Northwest Territories. With respect to development on these lands, the Government recognizes Aboriginal concerns about the effect of mineral exploration and development on traditional lifestyles and the environment. It also recognizes the desire of Aboriginal peoples to be involved in decision-making, and to participate in the economic benefits derived from exploration and development activities. Subject to land claim settlements and territorial jurisdiction, the Government is of the view that these interests should be addressed through timely notification of developments and environmental assessment processes that identify and mitigate environmental concerns.

Where mineral development occurs on land under provincial jurisdiction, the federal government has an interest regarding the effect of these developments on federal lands, including Indian reserves, and on Aboriginal communities located outside federal lands. The federal government provides funding to Aboriginal communities to negotiate economic benefit agreements with developers.

The Government believes that collaboration between the industry and Aboriginal communities related to local mineral development should be encouraged. One mechanism for encouraging such collaboration is the Aboriginal Participation in Mining Sub- Committee of the Intergovernmental Working Group on the Mineral Industry (IGWG).

With respect to large-scale projects, where several government agencies – federal, provincial and/or territorial – and other stakeholders have an interest or responsibility, the Government supports the partnership approach described in this Policy in working with these parties to address major issues. Approaches that are tested and found to be successful in this context will be reviewed for their possible broader application.