Section 1 definition of "dispute resolution facilitator" BEFORE amended by 2026-13-1(a), effective April 16, 2026 (Royal Assent).
"dispute resolution facilitator" means an individual appointed under section 5 (1);
Section 1 definitions of "issue resolution protocol" and "leadership table" were added by 2026-13-1(b), effective April 16, 2026 (Royal Assent).
Section 1 definition of "participating Indigenous nation" BEFORE amended by 2026-13-1(c), effective April 16, 2026 (Royal Assent).
"participating Indigenous nation" means an Indigenous nation that provides notice to the chief executive assessment officer under section 14 (1) and has not, in relation to a project, been provided a notice by the chief executive assessment officer under section 14 (2);
Section 1 definitions of "technical table", "United States Federal Register", "United States list" and "United States tribe" were added by 2026-13-1(d), effective April 16, 2026 (Royal Assent).
Section 5 BEFORE repealed by 2026-13-2, effective April 16, 2026 (Royal Assent).
Dispute resolution facilitators
5 (1) Subject to regulations made under subsection (4) (a), the minister, after considering a recommendation, if any, of an Indigenous nation, may appoint individuals to facilitate the resolution of disputes in relation to a matter referred to in subsection (2).
(2) A participating Indigenous nation or the chief executive assessment officer may refer one or more of the following matters to a dispute resolution facilitator:
(a) a matter pending decision under section 14 (2), 17, 18, 19, 28 or 29;
(b) the provision of a notice under section 14 (1);
(c) any other prescribed matter.
(3) On completion of a facilitation, a dispute resolution facilitator must provide a report to the participants and to the applicable of the chief executive assessment officer or the minister.
(4) The Lieutenant Governor in Council may make regulations respecting the powers and duties of dispute resolution facilitators under this Act, including, without limitation, regulations respecting the following:
(a) qualifications of individuals who may be appointed under subsection (1);
(b) the powers and obligations of a dispute resolution facilitator to manage a referral made to the facilitator;
(c) matters that a dispute resolution facilitator must consider before making a report;
(d) referrals to a dispute resolution facilitator;
(e) the time by which a dispute resolution facilitator must complete a facilitation and provide a report.
(5) If a matter pending decision is referred to a dispute resolution facilitator,
(a) a decision on the matter may not be made under the applicable section until after the facilitator has provided a report, and
(b) if the participating Indigenous nation requests that the chief executive assessment officer take part in the dispute resolution process, the chief executive assessment officer must take part in the process.
(6) Despite subsection (2), an Indigenous nation that has provided notice under section 14 (1) may refer to a dispute resolution facilitator a matter pending decision under section 14 (2).
(7) A report of a dispute resolution facilitator is not to be taken as guiding
(a) the chief executive assessment officer or minister respecting a project not addressed in the report, or
(b) a decision maker under another enactment.
(8) This section is not to be taken as limiting any right a participating Indigenous nation may have to seek a remedy from a court.
(9) For certainty, nothing in this section, nor anything done under this section, abrogates or derogates from the rights recognized and affirmed by section 35 of the Constitution Act, 1982.
Section 14 (1) BEFORE amended by 2026-13-3(a), effective April 16, 2026 (Royal Assent).
(1) Within 80 days of the first day of publication of the initial project description, an Indigenous nation may provide notice to the chief executive assessment officer that the Indigenous nation intends to participate in the assessment of the project.
Section 48 (1) (a) BEFORE amended by 2026-13-5, effective April 16, 2026 (Royal Assent).
(a) costs of participating in an assessment, including participating in proceedings under section 5;
Section 75 (1) BEFORE amended by 2026-13-7, effective April 16, 2026 (Royal Assent).
(1) Any Indigenous knowledge of an Indigenous nation that is provided in confidence to the minister, the ministers, the chief executive assessment officer or a dispute resolution officer under this Act is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.
Heading, "Transitional Provisions" was added before section 78 by 2026-13-9, effective April 16, 2026 (Royal Assent).
Section 79 BEFORE self-repealed by 2018-51-79(4), effective December 16, 2022 [3 years after s. 79 coming into force].
Regulations to deal with transitional matters and difficulties
79 (1) Despite this or any other Act, the Lieutenant Governor in Council may make regulations as follows:
(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act;
(b) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of more effectively bringing this Act into operation;
(c) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any difficulties encountered in bringing this Act into effect, including, without limitation, provisions making an exception to or a modification of a provision in this Act or another enactment or providing for the application of an enactment;
(d) resolving any errors, inconsistencies or ambiguities arising in this Act.
(2) A regulation under subsection (1) may be made retroactive to a specified date that is not earlier than the date this section comes into force and, if made retroactive, is deemed to have come into force on the specified date.
(3) To the extent of any conflict between a regulation under subsection (1) and this Act or another enactment, the regulation prevails.
(4) This section and any regulations made under it are repealed 3 years after the date this section comes into force.