Dispute resolution with First Nations

Current legislative framework under the Environmental Assessment Act

The EAO seeks consensus with First Nations at key points in the environmental assessment process. There may be times at decision points within the environmental assessment process where, despite efforts of First Nations and the EAO to reach consensus, consensus is not reached. 

Under the current legislation, the opportunity for First Nations and the EAO to enter into an Issue Resolution Protocol helps with issue resolution throughout an environmental assessment. The intention is for the Issue Resolution Protocol to provide clarity on roles, expectations and pathways for issue escalation and closure, reducing the need for dispute resolution during an environmental assessment. However, dispute resolution is available in relation to key decisions in early phases of an environmental assessment, where it may be most effective.

Issue Resolution Protocols and dispute resolution provide for a collaborative and principled process to resolve issues and disputes consistent with the United Nations Declaration on the Rights of Indigenous Peoples. 

Pathway to Revising Dispute Resolution under the Environmental Assessment Act

Dispute Resolution has been the first area of focus for the EAO’s legislative review of the Environmental Assessment Act. Experiences with dispute resolution processes showed that while it has the potential as a valuable tool, the intended outcomes were not being met. For additional background, see a summary of dispute resolution processes carried out to date.

To develop proposed amendments to the Environmental Assessment Act, between October 2025 and early February 2026, the EAO consulted and cooperated with First Nations, and engaged with proponents and industry, on policy development to address challenges that  emerged through the implementation of the dispute resolution framework. The following policy development process followed a step-wise method informed by the Interim Approach to implementing section 3 of the Declaration Act. Each step incorporated input gathered at the previous step and was supported by materials shared and posted on the EAO’s Act review website. Four steps (rounds) were undertaken and focused on:

• Round 1: Problem statement and discussion questions
• Round 2: Early policy ideas
• Round 3: Proposed policy direction to achieve desired outcomes
• Round 4: EAO’s intentions for legislative and regulatory revisions

Engagement included virtual sessions, written submission and bi-lateral meetings.

As the EAO developed revisions to the dispute resolution provisions of the Environmental Assessment Act, we engaged:

• 42 First Nations, 4 Indigenous governing bodies and 2 First Nations organizations (series of online sessions and bilateral meetings, received 26 written submissions)
• Representatives of 2 proponents of projects that went through dispute resolution during their assessment (online session)
• Representatives of approximately 30 associations and firms in the business and industry sector (online session, received one written submission)

Taking all the feedback that was received into account, the EAO worked with First Nations partners to co-develop the amendments which received royal assent on April 16, 2026.