Duty to Consult

The Ministers of Municipal Affairs and the Minister of First Nations and Métis Relations would like to note that The Government of Saskatchewan Guidelines for Consultation with First Nations and Métis People: A Guide for Decision Makers, originally released in June 2006, is now under review.  Until such time that a new approach is approved, this document, Interim Government of Saskatchewan Guide for Consultation with First Nations and Métis People, will serve to guide government employees and decision makers. The intent of the guide is to reflect, in a practical way, the minimum legal requirements governments should follow when consulting with First Nations and Métis in circumstances where actions contemplated may adversely affect Treaty or Aboriginal rights.

See "Related Documents" below to see the Frequently Asked Questions for Duty to Consult.

The Interim Guide is designed to facilitate consultations between provincial Ministries and Aboriginal communities but also have relevance at the municipal level.

Some municipal land use decisions have the potential to impact Treaty or Aboriginal rights. In such cases, The Interim Guide may be used to assist Councils in required consultations with impacted First Nations and/or Métis communities. Examples of such land use decisions may include, but are not limited to:

• new resource based industrial or commercial ventures
• residential development along fish-bearing lakes, and
• new development near Crown land or parkland.

For general questions on The Interim Guide and its implementation or for additional copies of the guide, contact First Nations and Métis Relations.

The Interim Guide can be found online here.

Detailed questions on the need to consult in a particular circumstance and the general responsibility of municipalities should be directed to your municipal solicitor.