Duty to consult advice for a project proponent
Advice on how and when to consult and accommodate First Nations and Métis communities on a project that may affect their rights.
What is included
- Explains the Crown's duty to consult and accommodate in your situation
- Reviews project notices and consultation records
- Prepares consultation responses and protocols
- Negotiates impact benefit, revenue-sharing or participation agreements
- Advises on challenging inadequate consultation
What is not included
- Historical, genealogical or other research reports, and other disbursements
- Appeals, or court proceedings not covered by the lawyer's written retainer
- Work outside the scope in the lawyer's written retainer
Who this service is for
- First Nations receiving project or permit notices
- Project proponents in mining, energy and infrastructure
- Communities negotiating benefit or partnership agreements
Information to have ready
- 1Project notices and consultation correspondence
- 2Existing protocols or agreements
- 3Maps and information on affected lands and rights
- 4Community decisions or resolutions
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $400–$850/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Who owes the duty to consult?
The Crown, federal or provincial, though procedural parts are often delegated to project proponents. It arises when the Crown is considering conduct that may adversely affect established or asserted Aboriginal or treaty rights.
Is an impact benefit agreement required by law?
Not always, but they are common for major projects. The terms are negotiated, so careful drafting matters for the community and the proponent.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Government processes and timelines are outside the lawyer's control
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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