What is the purpose of the Memorandum of Understanding?

The MOU is intended to clarify the roles and responsibilities of NRCan and the NWMO with respect to consultations with Aboriginal peoples, pursuant to the Government’s duty to consult, and accommodate if necessary, and the NWMO’s statutory obligations under the Nuclear Fuel Waste Act.

What are the NWMO’s obligations under the Nuclear Fuel Waste Act?

The NWMO is obliged under the Nuclear Fuel Waste Act to consult with Canadians and Aboriginal people throughout the implementation the Adaptive Phased Management (APM) approach — Canada’s safe, secure plan for managing nuclear fuel waste over the long term. It is also required to report to the Minister of Natural Resources on the results of its public consultations every three years.

What are the NWMO’s obligations under the MOU?

NWMO is responsible for:

• Continuing to work with Aboriginal peoples regarding NWMO’s work prior to the identification of a site for the Project;

• Informing Aboriginal peoples during engagement activities that the NWMO will keep the Crown informed on its engagement activities;

• Submit to NRCan, by March 31 of each year, a report outlining NWMO’s engagement activities with Aboriginal people for the previous year and an overview of its proposed activities for the upcoming year, as well as records supporting its activities related to Aboriginal engagement;

• Provide regular briefings to the NRCan on NWMO’s engagement activities;

• Maintain a record of the engagement activities NWMO carries out in relation to Aboriginal peoples prior to the identification of a site for the Project;

• Advising the Crown in a timely fashion of any concerns raised by Aboriginal peoples that appear to be beyond the Project and the scope and responsibility of NWMO; and

• After the site selection process has been initiated, providing the Crown with notice of communities that formally express interest in hosting the Project in a timely fashion.

What are NRCan’s obligations under the MOU?

NRCan is responsible for:

• monitoring engagement activities carried out by the NWMO in relation to Aboriginal people;

• assessing the need for consultations that may be necessary to meet the Government’s duty to consult;

• seeking assistance from other appropriate Government entities as required; and,

• keeping the NWMO informed of any interactions the Crown may have with Aboriginal people in relation to the NWMO’s work.

The Government has a legal duty to consult with Aboriginal people and accommodate, if required, when an Aboriginal treaty or right may be adversely affected by conduct contemplated by the Government.

How will NRCan oversee the engagement activities carried out by the NWMO in relation to Aboriginal people?

The Crown will monitor, review and provide feedback, if required, on the NWMO engagement activities with Aboriginal people throughout the implementation of the APM approach. Under the MOU, the NWMO will submit to NRCan, by March 31 of each year, a report outlining its engagement activities with Aboriginal people for the previous year and an overview of its proposed activities for the upcoming year, as well as records supporting its activities related to Aboriginal engagement. The NWMO will also provide regular briefings to the NRCan on its engagement activities.

Is there a requirement for NRCan to monitor what the NWMO is doing with regard to its early engagement with Aboriginal people?

Yes. NRCan is required to monitor and assess the NWMO’s plan toward implementing the Adaptive Phased Management (APM) approach, including its plan for consulting with Aboriginal people. As part of its review, NRCan will also look at whether there is a need for the Crown to supplement NWMO’s activities.

Does legislation require the NWMO to report on its consultation activities?

Yes. Pursuant to the Nuclear Fuel Waste Act, the NWMO is required to report in its triennial report the results of public consultations during three fiscal years, including an analysis of significant socio-economic effects of those activities on a community’s way of life or on its social, cultural or economic aspirations.

Memorandum of Understanding (MOU)