Closing the regulatory gap: revisions to the conventional practice of ex-post plans for EIAs to protect the valued components of Aboriginal peoples in Canada

Abstract

Aboriginal peoples have distinct perspectives and relationships with the terrestrial and aquatic settings and components that sustain cultural modes of life. Valued components derived from these cultural understandings are to be incorporated into environmental impact assessments (EIA) that occur in their respective territories. Despite this technical and legal basis, Aboriginal cultures are often inadequately accounted for in many ex-post plans of development activities and projects. This paper examines changes made to the regulatory requirements of an ex-post plan that involved Aboriginal peoples and a pipeline project located in north-east British Columbia, Canada. The research context and the revisions made to the conventional practice are presented, followed by a discussion of the possible broader implications for future EIAs. The study provides useful insights into the deficiencies of conventional practices and contributes to technical understandings in terms of integrating and protecting Aboriginal cultures through ex-post plans.