Engagement Framework

Mandate

On February 6, 2018, the Government of Canada introduced proposed amendments to restore lost protections and incorporate modern safeguards into the Fisheries Act. On June 21, 2019, amendments to the Fisheries Act received royal assent. The new provisions and stronger protections better support the sustainability of Canada’s aquatic resources for future generations. 

On August 28, 2019, the modernized fish and fish habitat protection provisions of the Fisheries Act came into force. New regulations, policies, and guidance are needed to support implementation of these modernized provisions. Fisheries and Oceans Canada (DFO) launched multi-year engagement with Indigenous Peoples, partners, and key stakeholders on the development of products that support the implementation of these provisions and to reinforce DFO’s commitment to govern with openness, effectiveness, and transparency. 

DFO is committed to achieving reconciliation with Indigenous Peoples through a renewed, nation-to-nation, government-to-government, and Inuit-Crown relationship based on recognition of rights, respect, co-operation, and partnership as the foundation for transformative change.

Preface

To support the multi-year engagement plan, the Fish and Fish Habitat Protection Program (FFHPP) at DFO has drafted an Engagement Framework (referred to as “the Framework”), which builds upon current modes of communication to formulate an approach to engage more meaningfully. 

In Fall 2020, FFHPP distributed a survey in order to plan meaningful engagement activities. The survey was distributed to Indigenous Peoples, partners, and stakeholders, and asked organizations to provide feedback on:

• past engagement efforts;
• level of interest by product;
• capacity to engage due to COVID-19; and
• preferred methods of engagement.

A total of 165 responses were received and considered in the development of the approach and initial concepts. At the time, COVID-19 was expected to impact peoples’ ability to participate in engagement.

• Approximately half the respondents felt COVID-19 would impact their ability to engage; 
• 57% preferred to be engaged virtually; and
• 22% preferred to be engaged in-person. 

The first engagement wave began in December 2020 and introduced proposed concepts that would be core to the Framework. A survey was used to gauge the effectiveness and appeal of the engagement approach and platform. 

Participants evaluated the effectiveness of engagement materials and engagement activities in order to determine what works best. Participants preferred meetings and interactive sessions for both learning and providing input, however favoured traditional discussion papers and fact sheets to receive background information. Participants also shared insight suggesting the Framework should take into account:

• relationship building, including one-on-one regional engagement and meetings; and 
• the use of designated DFO regional liaison staff for Indigenous communities.

The feedback received has been considered in the development of the Framework and continues to improve the engagement approach.

Purpose of Engagement Framework

The FFHPP wants to engage in a way that is meaningful, consistent, and predictable with parties interested in our activities, including Indigenous Peoples, partners, and stakeholders. Engagement will focus on topics related to the FFHPP’s mandate and role, beyond engaging on specific project reviews. This engagement will contribute to strong, inclusive and effective policies, regulations, guidance and associated actions, that will in turn, conserve and protect fish and fish habitat for future generations. 

The Engagement Framework builds upon existing engagement approaches, Indigenous engagement considerations, Modern treaty requirements, and the Government of Canada Engagement Principles and Guidelines. The framework has been developed to support better policy and product development through transparent engagement.

General Engagement Approach

Engagement is a term used to describe any process that involves meaningful dialogue with Indigenous Peoples, partners, and stakeholders and can range from providing information to formal consultation. Engagement helps build the foundation of a positive, long-term relationship between the Government and external parties. It involves initiating and maintaining ongoing, open dialogue on issues of mutual interest, enabling the sharing of information and development of mutual understanding. Engagement provides opportunities for others to communicate their priorities and interests to the Government. 

Indigenous Consultation is generally a time-limited process to seek feedback from an Indigenous community on a proposed project, activity, decision, or plan that could have an impact on the community, their rights or their interests. Consultation may be required to fulfill legal obligations, including the legal duty to consult, related to Aboriginal and treaty rights protected under section 35 of the Constitution Act, 1982. There are three elements required for the legal duty to consult to arise:

1. contemplated Crown conduct;
2. potential or established Aboriginal or treaty rights; and
3. potential adverse impact on these rights.

Note: In some modern treaties, the treaty itself may specifically require consultation with specific elements for consultation (i.e. specific topics and with whom to consult).

A general external engagement approach is necessary throughout various stages of the product development cycle (Figure 1), depending upon the engagement intensity (Table 1). Engagement has been organized into “Engagement Waves”. In the context of this document, an Engagement Wave is a collection of multiple policies, guidance or other products, which FFHPP is seeking input from Indigenous Peoples, partners, and stakeholders that are released in a given year. This better organizes the engagement for multiple products.

Indigenous Engagement

The Government of Canada has indicated that “No relationship is more important to Canada than the relationship with Indigenous Peoples. Our Government is working together with Indigenous Peoples to build a nation-to-nation, Inuit-Crown, government-to-government relationship – one based on respect, partnership, and recognition of rights[1].” To support these relationships, FFHPP has identified as a key step[2] to advance reconciliation with Indigenous Peoples to “Involve Indigenous groups in the development and implementation of new policy, program, and operational initiatives in relation to fish and fish habitat conservation and protection”. Irrespective of its Crown consultation obligations, the FFHPP will undertake engagement activities with Indigenous Peoples on the conservation and protection of fish and fish habitat that run concurrent with general engagement activities, and undertake complementary approaches beyond those noted in the Engagement Framework, as needed.

Engagement Continuum

Engagement is designed and implemented according to the complexity, importance, and timeline of the product. Based on these elements, each topic will fit into one of three engagement “intensities” (sharing, working together, entrusting) along an engagement “continuum” (Table 1). Engagement is focused on engaging with Indigenous Peoples, partners, and stakeholders who are interested in getting involved, gaining a better understanding of the products under development, and sharing insights and comments with us. DFO recognizes its unique and special relationship with Indigenous Peoples; as such, Indigenous considerations are core and guide complementary strategies and approaches that may be required.

Table 1. Engagement Continuum

Engaging at Different Product Development Stages

There are 6 stages to a product’s development: Planning; Shaping; Drafting; Reviewing; Finalizing; and Implementing. Figure 1 outlines how we engage at different product development stages, depending on the engagement continuum. The engagement continuum intensity relates to predictable points of engagement throughout the product development cycle (indicated by the outlined text in Figure 1).  This provides standardized yet customizable combinations of engagement tools, and incorporates standard feedback or follow-up methods. 

Figure 1. Engaging at different Product Development Stages.

 

Continual Improvement

DFO is committed to ongoing engagement with Indigenous Peoples, partners, and stakeholders; striving for transparency and cooperation to build trusting, long-term relationships. To encourage a high quality and quantity of meaningful participation in engagement events, the engagement wave and individual events, we are seeking feedback on your engagement experience. A survey will be available at www.talkfishhabitat.ca and will remain available to continuously gather feedback on your engagement experience.