Project planning: Engaging with Indigenous Peoples

Engagement refers to ongoing efforts aimed at building trust. It is distinct from the legal duty to consult, although the two are highly complementary. Engagement includes open dialogue about mutual priorities, early information sharing and building relationships beyond a single project decision.

On this page

• Duty to consult and accommodate
• Best practices
  • Benefit of early engagement
  • Consultation protocols
  • Planning, communications and meetings checklist
  • Capacity and Participation funding
  • Documentation and validation
  • Ongoing engagement and project lifecycle management
  • Monitoring and follow-up
  • Communication of changes
  • Letters of support
  • Addressing concerns and developing accommodation measures
  • Record keeping
• Conclusion
• Contact us
• Related information

Duty to consult and accommodate

The Government of Canada has a constitutional duty to consult and, where appropriate, accommodate Indigenous Peoples when decisions may adversely impact Aboriginal or treaty rights.

This duty is triggered whenever a government action or decision could impact these rights, including authorizations under the Fisheries Act.

For the Fish and Fish Habitat Protection Program, this means that the duty to consult responsibilities must be met before:

• issuing Fisheries Act authorizations
• issuing Species at Risk Act permits
• entering into habitat banks
• environmental effects determinations
• other decisions taken by the Crown

Although the legal obligation to consult and accommodate rests with the Crown, as a project proponent, your activities can directly inform how Canada fulfills this duty. DFO may be able to rely on actions and steps undertaken by you — such as early engagement, information sharing, and records of engagement — to confirm if the Crown's duty has been met.

Your role is not just procedural, but also relational: fostering long-term, respectful relationships with Indigenous Peoples contributes to efficient project review. For Fisheries Act authorizations, this can be done well before DFO must ‘stop the clock’ to ensure the duty to consult has been met before issuing authorizations, greatly reducing the time to issue authorizations.

Best practices

• Engage early and maintain ongoing dialogue with Indigenous Peoples throughout the project lifecycle.
• Use clear, accessible and culturally appropriate materials tailored to community needs.
• Identify and respect the rights and interests of potentially impacted Indigenous Peoples.
• Collaborate to avoid, mitigate and offset adverse impacts on Indigenous rights.
• Document and validate all engagement activities and accommodation efforts thoroughly.
• Provide detailed Indigenous engagement information in your Fisheries Act authorization application.
• Work cooperatively with Fisheries and Oceans Canada (DFO) and respond promptly to information requests or more engagement needs.
• Recognize engagement as an ongoing process, including monitoring and follow-up post-approval.

Benefits of early engagement

• Reduces delays by identifying concerns before applications for authorization are submitted.
• Enables co-development of project designs, reducing potential adverse impacts.
• Builds trust and improves outcomes in multi-phase or long-term projects.
• Allows integration of Indigenous Knowledge early in planning.
• Supports efficient consultation processes by proactively addressing issues.
• For Fisheries Act authorizations, early engagement can:
  • greatly reduce the time to issue authorizations while DFO staff ensure the duty to consult has been met
  • proactively identify the concerns and priorities of Indigenous groups during the early development of project designs
  • reduce the risk of project redesign late in the authorization process
  • allow for cooperative development of offsetting measures, which may also reduce the risk of project delays, modification or redesign

While engagement does not replace consultation, DFO may consider early engagement records in its assessment of the adequacy and meaningfulness of consultation, when jointly validated with the Indigenous rightsholders.

Checklist

Planning

• Use the ATRIS to identify rightsholders and existing consultation protocols or ask the Indigenous rightsholders if they have a protocol.
• Collaboratively plan the process and communication methods with Indigenous rightsholders.
• Provide plain-language and accessible project information, diagrams and maps.
• Consider community capacity needs in reviewing and understanding information being provided.

Communication

• Ask about and respect community preferences for engagement (online portals, in-person and/or virtual meetings, phone, email, social media).
• Provide communities with clear and accessible information about the engagement process and the proposed activities.
• Consider community capacity constraints and competing priorities when scheduling engagement, regardless of whether the community is remote or urban.
• Be open, transparent and culturally aware (for example, offering tea instead of tobacco in Inuit communities, offer translation services to accommodate language preference).

During meetings

• Build flexible agendas.
• Listen actively.
• Consider different engagement tools and methods to facilitate open dialogue and feedback. Refer to the consultation protocol or ask Indigenous groups for their preference.
• Know and follow customs and protocols for hosting, meeting or ceremonies. If you are unsure, ask them!
• Support feedback loops: revise plans in response to input.
• When possible, consider in-person meetings and covering associated costs.
• Discuss potential ways to avoid, eliminate or minimize adverse effects to Aboriginal or treaty rights.
• Document the discussion.

After meetings

• Validate concerns and responses with communities.
• Keep Indigenous groups informed of how their input shaped decisions.
• Document and summarize all meetings, including unresolved concerns.
• Provide a “What We Heard” summary as soon as possible.

Documentation and validation

Throughout the engagement process, proponents should maintain open communication with DFO. When submitting a Fisheries Act authorization application, it is strongly recommended to include a comprehensive documentation of Indigenous engagement activities, including:

• the list of Indigenous groups engaged
• descriptions of potential adverse impacts and related concerns
• details of avoidance, mitigation or offsetting measures implemented or proposed
• summaries of outstanding issues and efforts to address them

DFO officials may require more information from proponents to satisfy regulatory and legal requirements. Prompt and cooperative responses from proponents can facilitate smoother and timelier reviews.

Ongoing engagement and project lifecycle management

Indigenous engagement is an evolving process that extends beyond initial approvals. Proponents should maintain respectful relationships with Indigenous groups throughout project construction, operation, monitoring and decommissioning phases. You may wish to keep DFO informed during ongoing engagement, and let the department know if issues arise related to fish and fish habitat that you are having difficulty resolving. You may reach out to DFO seeking ongoing direction on the adequacy of the process conducted and if further steps may be necessary.

Monitoring and follow-up

Monitoring impacts on fish and fish habitat, and communicating results with Indigenous groups, are key to adaptive management. Collaborative monitoring programs can empower Indigenous groups to actively participate in stewardship and provide ongoing feedback.

Communication of changes

If project modifications are needed in response to monitoring results or emerging concerns, proponents should continue engagement to discuss adjustments.

Letters of support

If Indigenous groups support your project, you may request a letter of support. Letters written by Indigenous groups and signed by Chiefs or authorized officials can assist DFO staff in their review and may significantly shorten review timelines. DFO assessors can reference these letters in their notification correspondence with Indigenous groups and use them to seek clarification if needed. Having a letter of support in advance is highly beneficial when project support has been expressed.

Addressing concerns and developing accommodation measures

Accommodation, where necessary, refers to the actions taken to avoid, mitigate or compensate for adverse impacts on Indigenous rights. The duty to accommodate is:

• part of the duty to consult
• ultimately rests with the Crown
• may be applied at the regulatory level (for example, as conditions in a Fisheries Act authorization)

The proponent may choose to address Indigenous concerns during the planning phase to take avoidance, mitigation and offsetting measures for their project to gain support from Indigenous groups. The aim is to address concerns raised during consultation, and may involve:

• project redesign or relocation
• seasonal timing adjustments for construction, operation or monitoring
• employment, training or cultural initiatives
• financial compensation or benefits agreements
• habitat restoration or offsetting measures

Importantly, if concerns are raised early, at the design stages of a project and addressed, then Crown consultation and project decision making become more efficient.

Record keeping

When Indigenous groups raise concerns:

• document each concern clearly
• work collaboratively to identify avoidance, mitigation or offsetting options
• if changes aren’t possible, provide transparent reasons why
• ensure accommodation measures are validated by the rightsholder group and shared with DFO

Accommodation measures must directly address impacts on rights to be relied upon by the Crown.

Conclusion

Proponents play a crucial role in ensuring that the approval process is as efficient as possible. They also play a vital role in advancing reconciliation, respecting Indigenous rights, and supporting DFO in fulfilling its constitutional duty to consult. While the Crown retains final responsibility, the quality and integrity of your engagement, and how you respond to Indigenous concerns, will significantly shape regulatory outcomes.
By following the guidance in this document, proponents can help:

• reduce delays in project reviews and support an efficient consultation process
• build lasting relationships with Indigenous Peoples
• support responsible project development

Key tips for proponents

• Start early: Engage Indigenous groups well before formal regulatory submissions.
• Listen and adapt: Understand community concerns and tailor your engagement methods accordingly.
• Be transparent: Share project information openly and communicate how concerns are addressed.
• Respect cultural protocols: Provide cultural awareness training for staff and use Indigenous languages where possible.
• Maintain thorough records: Keep detailed documentation of all interactions and outcomes.
• Collaborate continuously: Keep Indigenous groups informed throughout all project phases.
• Use available resources: Employ ATRIS, consultation protocols, and the DFO Concierge Service (for major projects) for guidance.
• Plan for monitoring: Involve Indigenous groups in post-construction monitoring and share findings.

Contact us

The DFO Concierge Service will support proponents of major projects by:

• offering a single point of contact in each region
• providing early guidance on Fisheries Act and Species at Risk Act requirements
• helping identify Indigenous rightsholders and local expertise
• supporting early and consistent engagement strategies
• flagging potential issues to streamline regulatory processes

For more help or information, contact your regional DFO office.

Related information

• Consultation and Accommodation Advice for Proponents, Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)
• Principles respecting the Government of Canada's relationship with Indigenous peoples, Justice Canada
• Backgrounder: United Nations Declaration on the Rights of Indigenous Peoples Act, Justice Canada
• United Nations Declaration on the Rights of Indigenous Peoples, 2007, United Nations
• Guidance: Indigenous Participation in Impact Assessment, Impact Assessment Agency
• Engagement guide: Co-developing federal distinctions-based Indigenous health legislation, Indigenous Services Canada
• Aboriginal Consultation and Accommodation - Updated Guidelines for Federal Officials to Fulfill the Duty to Consult - March 2011, CIRNAC
• Government of Canada and the duty to consult, CIRNAC
• Truth and Reconciliation Commission of Canada: Calls to Action 2015, National Centre for Truth and Reconciliation
• Major Projects Office, Government of Canada
• Indigenous Habitat Participation Program, DFO: funding for Indigenous communities to participate in the conservation and protection of fish and fish habitat
• Aboriginal and Treaty Rights Information System, CIRNAC