Environmental Assessment and Saskatchewan’s First Nations: A Resource Handbook

The document serves as a resource for Saskatchewan's First Nations to navigate environmental assessments (EA), detailing the roles of government, proponents, and communities. It outlines the legal framework of the 'duty to consult' and provides practical strategies for participation, including funding sources and the preparation of Statements of Concern.

• Environmental Assessment (EA) is defined as a process to predict a proposed project's impacts on the natural environment and human society before implementation, aiming to avoid or minimize adverse effects.
• The 'duty to consult' is a legal obligation of the Crown to ensure that Aboriginal and Treaty rights are not infringed upon, a principle reinforced by several Supreme Court of Canada cases including Mikisew Cree First Nation v. Canada (2005) and Haida Nation v. B.C. (2004).
• The Government of Saskatchewan's interim guide for consultation with First Nations and Métis people identifies five key elements: notification, reasonable time for preparation, discussion of views, fair consideration by government, and reporting back on the chosen direction.
• Project proponents are responsible for developing the project proposal, conducting the Environmental Impact Assessment (EIA), writing the Environmental Impact Statement (EIS), and addressing Supplementary Information Requests (SIRs).
• First Nations can influence the EA process through several specific input opportunities: commenting on proposed Terms of Reference (pToR), submitting Statements of Concern (SoC), commenting on the EIS and technical reviews, and engaging in SIRs.
• Effective participation by First Nations requires internal capacity, including the hiring of staff to monitor development, the collection and storage of community-held knowledge, and the use of legal and technical expertise for negotiations and evaluations.
• Provincial EA in Saskatchewan is governed by The Environmental Assessment Act (1980) and is mandatory if projects trigger specific conditions such as impacts on rare environmental features or widespread public concern.
• Federal EA is governed by the Canadian Environmental Assessment Act (1995) and applies when federal decisions or approvals are required, utilizing four types of assessments: screenings, comprehensive studies, mediations, and panel reviews.
• Joint reviews occur when a project triggers both provincial and federal jurisdictions; in Saskatchewan, this is managed under the Canada‑Saskatchewan Agreement on Environmental Assessment Cooperation (2005).
• Participant funding is available from both provincial and federal sources to help First Nations cover expenses such as travel and expert fees; provincial grants are administered through the Government Organizations Act and typically capped at $50,000 without higher approval.

APA

Rust, C., & McLeod, B. (2008). Environmental Assessment and Saskatchewan’s First Nations: A Resource Handbook. International Institute for Sustainable Development. https://www.iisd.org/system/files/publications/environmental_assessment_sask.pdf

Chicago

Rust, Christa, and Brenda McLeod. Environmental Assessment and Saskatchewan’s First Nations: A Resource Handbook. International Institute for Sustainable Development, 2008. https://www.iisd.org/system/files/publications/environmental_assessment_sask.pdf.

Wikipedia

{{cite report |last1=Rust |first1=Christa |last2=McLeod |first2=Brenda |title=Environmental Assessment and Saskatchewan’s First Nations: A Resource Handbook |publisher=International Institute for Sustainable Development |date=27 June 2008 |url=https://www.iisd.org/system/files/publications/environmental_assessment_sask.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{rust2008environmental, author = {Rust, Christa and McLeod, Brenda}, title = {{Environmental Assessment and Saskatchewan’s First Nations: A Resource Handbook}}, institution = {International Institute for Sustainable Development}, year = {2008}, month = jun, url = {https://www.iisd.org/system/files/publications/environmental_assessment_sask.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }