--- title: Supporting indigenous communities with environmental management plans date: 2019-08-09T10:35:00-04:00 author: jessica napert canonical_url: "https://www.bbaconsultants.com/en-ca/publications/supporting-indigenous-communities-with-environmental-management-plans" section: Publications --- Indigenous rights were formally enshrined in Section 35 of Canada’s Charter of Rights and Freedoms, but the courts have come to clarify Indigenous rights and the government’s fiduciary duty to consult under the Constitution Act, 1982. 1. Internationally adopted by the General Assembly in 2007, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) set a benchmark for governments to employ when addressing Indigenous rights and title. Canada voted against the declaration largely because it is a natural resource economy. Recent governments, including the B.C. government and the Government of Canada, have come to understand the value of UNDRIP and have since drafted enabling legislation that is likely to pass. Governments for multiple jurisdictions are now committed to addressing the interests of Indigenous communities through reconciliation. Adopting and legislating UNDRIP comes with an obligation to uphold the internationally accepted notion of “free, prior, and informed consent” (FPIC). ## The role of environmental management plans Environmental management plans (EMPs) can allow Indigenous groups to best understand how their rights stand to be affected, both in terms of impacts and benefits. Plans are a key means of addressing social and ecological risk uncertainties associated with development proposals located on ancestral lands and within unceded traditional territories. An effective EMP addresses development activities during the project construction, operational, decommissioning and closure phases. It prescribes measures to avoid, mitigate or effectively manage residual effects to valued ecosystem components (VECs). Use of standard best management practices (BMPs) and best available technologies (BATs) is essential for environmental protection. When avoidance and mitigation measures are not sufficient to prevent residual effects, proponents must undertake legal responsibilities to compensate or offset residual effects. Monitoring is critical to all project phases. Developing uniquely structured EMPs also ensures community involvement in the decision-making process. This expertise in adaptive management employs various other disciplines during Crown consultation proceedings and proponent engagement processes through to project development activities. Indigenous communities help identify environmental risks so we can more rigorously examine the potential of VEC effects through focused monitoring and structured evaluation. What is learned through environmental monitoring under adaptive management principles fosters informed consent. This ensures projects move forward responsibly in a manner that benefits Indigenous communities while respecting their inherent rights and title. ## A seven-stage approach for seven generations Indigenous governing bodies are taking a more prominent role in setting project approval conditions within their territories. The language of UNDRIP and use of FPIC more directly considers the Indigenous view of sustainability under the principle of seven generations. Adaptive management is a seven-stage decision process to help Indigenous communities resolve uncertainties through scientific monitoring programs. Successful EMPs therefore involve a dynamic, iterative approach staged throughout project development phases: - Stage 1 – **Identify** risks to VECs through community workshops. - Stage 2 – **Establish** objective hypotheses for resolving uncertainties. - Stage 3 – **Monitor** VEC effects in response to project management actions. - Stage 4 – **Test** objective hypotheses with the VEC data. - Stage 5 – **Learn** from the results generated. - Stage 6 – **Adjust** based on what is learned and community input. - Stage 7 – **Repeat** the process until VEC risk uncertainties have been resolved. This approach facilitates learning and promotes continual involvement of Indigenous communities while advancing projects through a process of informed consent from community leadership. ## Conclusion Throughout Canada, BBA works with both its Indigenous and non-Indigenous clients to collaborate in mutually beneficial ways. As Canada moves forward on the path of reconciliation, BBA strives to improve its understanding of what matters to our valuable clients. Thanks to its work with Indigenous communities, the firm’s experts are able to see each project from various angles. This indispensable knowledge is applied to find solutions that benefit all parties. This content is for general information purposes only. All rights reserved ©BBA 1. ![Pr employee men vincent clement retouch web SQ LR BBA](https://www.assets.bbaconsultants.com/bba-production-assets/production/images/avatars/_size_avatar/204267/pr_employee_men_vincent-clement_retouch_web_SQ_LR_BBA.webp) Vincent Clément, P.Biol., RP.Bio., QAES Senior Environmental Professional Read bio [ ](https://www.linkedin.com/in/vincent-cl%C3%A9ment-2b503113/) **As a senior environmental consultant, Vincent Clément leverages 30+ years of expertise to secure energy and industrial projects** by ensuring regulatory compliance, reducing risk and optimizing performance. **Key expertise** - Coordination of environmental assessments, permitting and regulatory management - Environmental oversight during construction - Expertise in renewable energy, gas and industrial infrastructure - Member of the ASPB and CAB BC **Major achievements**: Implemented 150+ projects for the gas network, including construction oversight and managing strategic permits for renewable energy projects. **Approach and added value**: Vincent anticipates regulatory challenges to speed up commissioning, secure investments and guarantee project compliance. - [ 27 Jul 2026 Mining and Metals Early tailings decisions shape long-term mine performance - ![Geraldine Cosset](https://www.assets.bbaconsultants.com/bba-production-assets/production/images/avatars/_size_avatar/206707/Geraldine-Cosset.webp) - ![Jared Purdy](https://www.assets.bbaconsultants.com/bba-production-assets/production/images/avatars/_size_avatar/212424/Jared-Purdy.webp) ](https://www.bbaconsultants.com/en-ca/insights/early-tailings-decisions-shape-long-term-mine-performance "Early tailings decisions shape long-term mine performance") - [ 02 Jul 2026 Mining and Metals Python: A key tool for data analysis in mineral processing - ![Charles Blais](https://www.assets.bbaconsultants.com/bba-production-assets/production/images/avatars/_size_avatar/211197/Charles-Blais.webp) - ![Juan Pablo Vergara](https://www.assets.bbaconsultants.com/bba-production-assets/production/images/avatars/_size_avatar/211266/Juan-Pablo-Vergara.webp) ](https://www.bbaconsultants.com/en-ca/insights/python-a-key-tool-for-data-analysis-in-mineral-processing "Python: A key tool for data analysis in mineral processing") - [ 19 Jun 2026 Mining and Metals Speed is earned early in projects - ![Mm employee men jean lheureux retouch web SQ LR BBA](https://www.assets.bbaconsultants.com/bba-production-assets/production/images/avatars/_size_avatar/204266/mm_employee_men_jean-lheureux_retouch_web_SQ_LR_BBA.webp) - ![Mm employee men benoit richard retouch web SQ LR BBA](https://www.assets.bbaconsultants.com/bba-production-assets/production/images/avatars/_size_avatar/203602/mm_employee_men_benoit-richard_retouch_web_SQ_LR_BBA.webp) ](https://www.bbaconsultants.com/en-ca/insights/speed-is-earned-early-in-projects "Speed is earned early in projects") - [ 17 Jun 2026 Industrial data platforms: building a solid foundation to optimize your operations - ![Pierre Boucher](https://www.assets.bbaconsultants.com/bba-production-assets/production/images/avatars/_size_avatar/2671/Pierre-Boucher.webp) Pierre Boucher, P.Eng. Senior Engineer, Operational Technology and Infrastructure ](https://www.bbaconsultants.com/en-ca/insights/industrial-data-platforms-building-a-solid-foundation-to-optimize-your-operations "Industrial data platforms: building a solid foundation to optimize your operations") [ See all ](https://www.bbaconsultants.com/en-ca/insights "Go to Publications listing page") Let’s think it further together [ Contact us ](https://www.bbaconsultants.com/en-ca/contact) Indigenous rights were formally enshrined in Section 35 of Canada’s Charter of Rights and Freedoms, but the courts have come to clarify Indigenous rights and the government’s fiduciary duty to consult under the Constitution Act, 1982. 1. Internationally adopted by the General Assembly in 2007, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) set a benchmark for governments to employ when addressing Indigenous rights and title. Canada voted against the declaration largely because it is a natural resource economy. Recent governments, including the B.C. government and the Government of Canada, have come to understand the value of UNDRIP and have since drafted enabling legislation that is likely to pass. Governments for multiple jurisdictions are now committed to addressing the interests of Indigenous communities through reconciliation. Adopting and legislating UNDRIP comes with an obligation to uphold the internationally accepted notion of “free, prior, and informed consent” (FPIC). ## The role of environmental management plans Environmental management plans (EMPs) can allow Indigenous groups to best understand how their rights stand to be affected, both in terms of impacts and benefits. Plans are a key means of addressing social and ecological risk uncertainties associated with development proposals located on ancestral lands and within unceded traditional territories. An effective EMP addresses development activities during the project construction, operational, decommissioning and closure phases. It prescribes measures to avoid, mitigate or effectively manage residual effects to valued ecosystem components (VECs). Use of standard best management practices (BMPs) and best available technologies (BATs) is essential for environmental protection. When avoidance and mitigation measures are not sufficient to prevent residual effects, proponents must undertake legal responsibilities to compensate or offset residual effects. Monitoring is critical to all project phases. Developing uniquely structured EMPs also ensures community involvement in the decision-making process. This expertise in adaptive management employs various other disciplines during Crown consultation proceedings and proponent engagement processes through to project development activities. Indigenous communities help identify environmental risks so we can more rigorously examine the potential of VEC effects through focused monitoring and structured evaluation. What is learned through environmental monitoring under adaptive management principles fosters informed consent. This ensures projects move forward responsibly in a manner that benefits Indigenous communities while respecting their inherent rights and title. ## A seven-stage approach for seven generations Indigenous governing bodies are taking a more prominent role in setting project approval conditions within their territories. The language of UNDRIP and use of FPIC more directly considers the Indigenous view of sustainability under the principle of seven generations. Adaptive management is a seven-stage decision process to help Indigenous communities resolve uncertainties through scientific monitoring programs. Successful EMPs therefore involve a dynamic, iterative approach staged throughout project development phases: - Stage 1 – **Identify** risks to VECs through community workshops. - Stage 2 – **Establish** objective hypotheses for resolving uncertainties. - Stage 3 – **Monitor** VEC effects in response to project management actions. - Stage 4 – **Test** objective hypotheses with the VEC data. - Stage 5 – **Learn** from the results generated. - Stage 6 – **Adjust** based on what is learned and community input. - Stage 7 – **Repeat** the process until VEC risk uncertainties have been resolved. This approach facilitates learning and promotes continual involvement of Indigenous communities while advancing projects through a process of informed consent from community leadership. ## Conclusion Throughout Canada, BBA works with both its Indigenous and non-Indigenous clients to collaborate in mutually beneficial ways. As Canada moves forward on the path of reconciliation, BBA strives to improve its understanding of what matters to our valuable clients. Thanks to its work with Indigenous communities, the firm’s experts are able to see each project from various angles. This indispensable knowledge is applied to find solutions that benefit all parties. This content is for general information purposes only. All rights reserved ©BBA