Phase II: [ Completed ]

Terms of Reference

The consultation will be conducted in two phases:

Phase one: [ Completed ]
Consisted of an initial public consultation where feedback was used by the MSC to develop recommendations for a vision for oil sands development and principles to assist in guiding future policy directions.
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Phase two:
MSC will incorporate the Panel information and other feedback to develop policy recommendations for implementation of the vision and principles. A component of phase two will have the findings of the MSC validated with First Nations and Métis groups who participated in the consultation to ensure that the recommendations presented to the Ministers of Energy, Environment and Sustainable Resource Development in June 2007, accurately reflect what was heard from the First Nations and Métis who participated in the consultation.
Final Reports >>

MISSION STATEMENT

The MSC/Panel will consult with stakeholders in an open and collaborative manner on oil sands development in Alberta. The scope of consultations will include social, economic, environmental and First Nation/Métis issues related to oil sands development. Recommendations in each phase and discussions of issues affected by oil sands development will be submitted to the Ministers of Energy, Environment and Sustainable Resource Development (the Ministers).

PURPOSE

The purpose of the MSC is:

• To be accountable for the overall consultation process and details, subject to ongoing guidance from the Ministers.
• To provide direction for the Panel to arrange public consultation and information sharing sessions in at least five locations in the province.
• To arrange for additional information and feedback capability.
• To identify further information, research or expert input required for a full understanding of issues by the MSC.
• To work towards consensus recommendations, direct issues to the Panel where it is believed consensus cannot reached and document diversity of views where consensus could not be reached.
• To hold a meeting of individuals considered to be leaders in oil sands areas on an oil sands vision and principles prior to completing the phase one of the report.
• To coordinate, consolidate, evaluate and submit recommendations, within the responsibility and jurisdiction of the province, to the Ministers.

SCOPE

The scope of the MSC work will include:

• Reviewing, discussing and deliberating existing information associated to social, economic, environmental and First Nation/Métis issues related to oil sand development.
• Directing the Panel on consulting with the stakeholders in the three oil sands areas as well as Calgary and Edmonton.
• Ensuring that all interested Albertans have a chance for input.
• Directing the Panel on holding public information sessions, meetings and/or workshops to gather input.
• Developing, a high level framework focusing on vision and principles during Phase one, for oil sands development in all three oil sands areas related to economic, environmental, social, and First Nations and Métis benefits and impacts that will contribute to shaping a provincial vision and principles for oil sands development.
• Developing further recommendations, during phase two, for implementation of the vision and principles. Phase two will be a more detailed approach and will look at strategies and actions to achieve the vision.
• Direct the Panel in holding additional open houses, public meetings, focused working groups or other events in order to receive feedback from stakeholders the MSC or Ministers determine to be of importance.
• Prepare to hold an Oil Sands Stakeholder’s Summit to gather input from leaders in oil sands development and test feedback already gathered from stakeholder meetings.

The scope of the MSC’s work will not include:

• Recommending changes to existing policy or regulations outside of the issues associated with oil sands development.
• Recommendations that may prejudice the rights of First Nations and Métis people.
• Recommendations on specific projects or applications.

RESPONSIBILITIES

Responsibilities of the MSC:

The MSC’s individual and collective responsibilities will include:

• Becoming informed about oil sands development issues in Alberta.
• Being informed about pertinent policies and regulations through attendance at committee meetings and participation in other related activities as required.
• Establishing working groups, if appropriate, to investigate, deliberate and draft alternatives and/or recommendations to address different sets of issues including:
  • determining working groups’ structure and terms of reference;
  • advising on composition; and,
  • assisting with recruitment of working group members when and if the MSC considers them advisable.
• Organizing the consultative processes through the following examples:
  • engaging their own organizations, organizations within their region and people from other regions to becoming informed about oil sands development and regulation and providing input to the work of the MSC and working groups;
  • promoting open and respectful exchanges of information, perspectives and knowledge relevant to responsible development of oil sands among Albertans, throughout the consultation process;
  • coordinating and providing oversight of the working groups’ activities to enhance the timeliness and quality of recommendations developed;
  • fostering the development of agreement among members of the MSC regarding issues to be addressed, using interest-based approaches to build agreement and resolve conflicts; and,
  • co-ordinating, consolidating and evaluating information received from different working groups in order to harmonize the recommendations made to the Ministers.
    
• Participating and attending meetings of the MSC, while listening to and respecting the opinions of their co-committee members.
• Assigning issues to the Panel for its consideration when the MSC feels that reaching consensus will not be possible.
• MSC members will represent, to the best of their abilities, the views of their constituents and communicate regularly with them to ensure that their interests are being fairly and adequately portrayed.

Responsibilities of the Panel:

The Panel’s individual and collective responsibilities will include:

• Conducting public outreach, including holding public meetings and workshops/information sessions and collecting public input.
• Attending the public meetings.
• Considering issues where the MSC has determined it cannot reach consensus and earnestly attempt to reach consensus recommendations for consideration by the MSC. If the Panel cannot reach consensus on an issue then the report back to the MSC will document the diversity of views heard.
• Providing input to the MSC for inclusion into the report to the Ministers.

Responsibilities of MSC Chair:

The Chair will:

• Clarify the province’s expectations of the MSC.
• Act as liaison between the Ministers and the MSC.
• Facilitate and coordinate meetings to ensure the MSC remains on topic with their discussions and adheres to the terms of reference.
• Test for agreement when necessary.
• Participate in meetings as a MSC member.
• Request logistical support and resources when requested by the MSC.

Responsibilities of Panel Chair:

The Panel Chair will:

• Co-ordinate activities of the Panel including hearing submissions and comments on issues and summarizing the information.
• Chair the public meetings.
• Facilitate and co-ordinate meetings to ensure the Panel remains on topic with their discussions and adheres to the term of reference.
• Test for agreement when necessary.
• Report to MSC on Panel activities and information collected from public forums.
• Participate in Panel meetings.

Responsibilities of Secretariat:

The Secretariat, drawn from government staff, will:

• Provide necessary background information to the MSC to ensure an adequate understanding of existing policy, regulations and legislation regarding oil sands development.
• Ensure MSC members receive meeting minutes and other supporting documentation in a timely manner.
• Provide logistical support for organizing meetings, public sessions, Panel meetings, etc.

RELEASE OF INFORMATION

All documents prepared by the MSC and Panel are considered to be under the custody and control of the province unless otherwise specified.

These documents are solely for the use of the MSC, Panel and the province during each phase. Release of the documents will occur after committee approval is given or otherwise specified by the Ministers.

All internet responses will be in a publicly available forum.

All documents will be subject to access and privacy provisions of the Freedom of Information and Protection of Privacy Act.

FIRST NATION AND MÉTIS OIL SANDS CONSULTATION

Preamble

Phase one of the oil sands consultation will take the form of a high level vision and principles exercise. The First Nations and Métis consultation at this level of engagement is based on “good government” consultation as opposed to consultation that leads to the avoidance or mitigation of possible infringement to treaty and constitutional rights. In this regard, the MSC and Panel will receive First Nations and Métis input that will contribute to shaping a provincial vision and principles for oil sands development.

Phase two will be a more detailed approach and will look at strategies and actions to achieve the vision. At this phase, the consultation process may be altered for First Nations and Métis. The alteration will depend on the nature of the findings in phase one and whether the province believes that the strategies and action plans being considered infringe on the constitutionally protected rights of First Nations and Métis. The findings of the MSC will also be validated with First Nations and Métis groups who participated in the consultation.

Process

The Panel will meet with First Nations and Métis in the Fort McMurray, Cold Lake and Peace River areas during their visits to those communities to receive input from all stakeholders in the communities. First Nations and Métis will be encouraged to participate in public sessions in order for all stakeholders to understand and consider First Nation and Métis views around the vision and principles.

The First Nations consultation process will be further facilitated by Government of Alberta Cross-ministry First Nations consultation staff. The consultation staff will liaise with and support the 23 First Nations located in the three oil sands areas with adequate notice, necessary information and available resources to be able to participate. Alberta will consider utilizing existing First Nations technical resources to assist First Nations in developing their input during the strategies and action plans stage.

Findings from the Vision and Principles Phase

Feedback received from First Nations and Métis by the Panel will be incorporated into the Panel reports submitted to the MSC. The MSC interim report, due in November 2006, will attempt to merge, where aligned, First Nation and Métis input with that of general stakeholders. However, the MSC interim report may also contain separate recommendations relating to First Nation and Métis visions and principles.

Consultation with First Nations at the vision and principles phase is not intended to fulfill Alberta’s consultation obligations regarding any specific oil sands development and will not abrogate nor derogate a First Nation’s treaty and constitutional rights.

Findings in the Strategy and Action Plan Phase

The general consultation process will continue in spring 2007 and will look at strategies and action plans to achieve the vision. At this point the MSC, in consultation with the province, will determine the most appropriate approach for First Nation and Métis consultation to carry forward to the strategy and action plan phase.

It is accepted that, if proposed strategies and action plans could lead to possible infringement of treaty and constitutional rights, separate consultation with affected First Nations will occur in a manner that is consistent with the province’s policy commitment to consult with First Nations.

Consultation with Métis will occur consistent with the province’s consultation policies in place at that time for that purpose.

Validation Phase

The MSC will validate its findings with the First Nations and Métis who participated in phase one and two by indicating what was heard from First Nations and how that input was addressed in their findings.

TIMEFRAME

Phase one: [ Completed ]

Public meetings are expected to be complete near the end of September 2006. The Stakeholder’s Summit is expected to be held in mid-October 2006.

All recommendations are expected to be forwarded to the Ministers by the end of November 2006.
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Phase two:
The findings of the MSC will be validated to ensure that the recommendations presented to the Ministers at the end of June 2007, accurately reflect what was heard from the First Nations and Métis who participated in the consultation.
All recommendations are expected to be forwarded to the Ministers by the end of June 2007.

STRUCTURE AND REPORTING OF THE COMMITTEE

MULTI-STAKEHOLDER COMMITTEE

*Chair of MSC and Panel are to be the same individual.