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INTEGRATED PEST MANAGEMENT PROGRAM

Draft Guidelines for First Nations Consultation


When the Integrated Pest Management Act (IPMA) and Regulation (IPMR) was introduced in December 2004, the provincial government made a commitment to develop and implement procedures for First Nation consultation. Appropriate consultation is necessary when industry or government agencies develop plans for pest management activities that may potentially adversely impact First Nations' rights or title interests.

As a first step, the Ministry of Environment has prepared interim draft guidelines that are now to be used by pest managers as guidance when First Nations consultation is required. These draft guidelines are largely based on previous requirements for First Nations consultation under the former Pesticide Control Act.

These are interim draft guidelines because the Ministry is commencing a process to work together with both First Nations and industry to develop the most appropriate consultation procedures under the IPMA. The new procedures could result in revised guidelines, amendments to the IPMR or both.

While the above process is underway, the Ministry asks that proponents (persons who prepare Pest Management Plans, and give the Ministry Pesticide Use Notices or who apply for licenses or permits) use the interim Draft Guidelines when pest management activities are in areas where a First Nation asserts aboriginal interests or has treaty rights. The Ministry will monitor industry use of the guidelines. In instances where aboriginal interests or treaty rights might be adversely impacted by pest management activities under the IPMA, the Ministry will assess the proponent's conduct and fulfillment of the consultation steps in the guidelines.


PROPOSED PROCESS FOR REVIEW WITH FIRST NATIONS AND INDUSTRY STAKEHOLDERS

The proposed process for finalizing the First Nations consultation procedures is as follows:

    1. In April 2006, letters were sent out to all First Nations and to industry stakeholders (including holders of permits, licences and pest management plans) to describe the process.
    2. May 2006, the Ministry will start communications with First Nations to ask who would like to be involved in the process and in what manner (such as through meetings or written comments).
    3. May - September 2006, industry proponents will review and use ('test-drive') the Interim Draft Guidelines.
    4. In October through December 2006, the Ministry will organize meetings with First Nations representatives and with industry stakeholders.
    5. January or February 2007, it is hoped that revised draft consultation procedures can be sent out to First Nations and industry stakeholders for review and comment.
    6. By April 2007, it is hoped the consultation procedures can be finalized.

     

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    The Ministry would appreciate comments, particularly in respect of:

    • advice on the process described above;
    • interest in being involved in developing revised procedures; or
    • initial comments on the enclosed Interim Draft Guidelines. There will be additional opportunities to comment in the Fall of 2006.


    Comments may be sent by email to the Administrator, Integrated Pest Management Act at:

    LegReview@Victoria1.gov.bc.ca.

    Comments may be sent by mail to the following address:

    Administrator, Integrated Pest Management Act
    Ministry of Environment
    PO Box 9342 Stn Prov Govt
    Victoria B.C. V8W 9M1

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