WEBEQUIE FIRST NATION CONSULTATION AND ACCOMMODATION PROTOCOL 1.

0 Background Webequie First Nation (WFN) is committed to engaging in good faith with those who wish to access our traditional territory for the purpose of planning, managing, or developing our lands and resources. We have Aboriginal and Treaty Rights, Interests, and Values relating to lands and resources in our traditional territory and a responsibility to our future generations to ensure that our lands and resources will continue to sustain us until long after any development activities have come and gone. In the meantime, WFN aims to reestablish ourselves as a peoplestrong, healthy, and self-reliant who are connected to our lands and our culture. To that end, WFN wishes to ensure that any development activity in our traditional territory occurs in a coordinated and responsible manner that balances the benefits of development with the impacts to our lands and our community. 2.0 Purpose and Application This Protocol outlines how meaningful consultation and accommodation will take place for any of the Crowns proposed direction, decisions, and actions as well as any procedural aspects delegated to Project Proponents. It is supported by WFNs respectful understanding of the application of Canadian law, good governance and corporate social responsibility. A meaningful consultation and accommodation process provides WFN with clarity and certainty about how Aboriginal and Treaty Rights, Interests, and Values will be respected and protected and, if necessary, accommodated in relation to the Crowns proposed direction, decisions, and actions as well as any procedural aspects delegated to Project Proponent. In turn, the Crown and / or Project Proponent following this Protocol in good faith stand to gain support, consistency, and certainty from WFN with respect to the Crowns proposed direction, decisions and actions and any procedural aspects delegated to a Project Proponent. The consultation and accommodation process set out in this Protocol is intended: a) to develop WFN understanding and capacity to work towards identifying WFN impacts and infringement on its Aboriginal and Treaty Rights, as well as ascertaining WFN issues and interests in relation to the Crowns proposed direction, decisions, and actions and any proposed development activities on WFN historical, current, and future uses of lands and resources within our traditional territory, and; b) to agree on a jointly defined method to accommodate impacts and infringements of WFN Aboriginal and Treaty Rights and to accommodate WFNs interests and issues arising from the Crowns proposed direction, decision, and actions as well as any

Updated: November 23, 2011

proposed development activities on WFN historical, current, and future uses of lands and resources within their traditional territory. 3.0 Non-Derogation Nothing contained in this Protocol, nor the process or document derived from it, shall be construed so as to abrogate or derogate from WFN rights, regardless of whether such rights are recognized, established, or defined after this Protocol comes into effect. Nothing in this Protocol shall be construed so as to limit any consultation or accommodation obligation owed to WFN by the Crown or any Project Proponent. Notwithstanding anything in this Protocol, WFN retains the right, in relation to any of the Crowns proposed direction, decisions, or actions and to any development activity, to decide whether it supports a project, to comment to regulators, to participate in regulatory processes and hearings, to seek intervenor funding, or to challenge and seek remedies through court proceedings or judicial review. This Protocol is without prejudice to the rights of WFN to enter into negotiations with the federal or Ontario provincial governments or their branches, departments, or agencies which may deal with matters not triggering this Protocol, such as, but not limited to: a) co-planning, co-management, and co-jurisdiction arrangements on WFNs traditional territory b) the nature and extent of WFNs rights to hunt, fish, and trap for food, social, ceremonial, and commercial purposes c) self-government arrangements 4.0 WFN Consultation Principles The minimal standard for consultation with WFN must reflect the following principles: a. WFN views all proposed development activities occurring in WFN traditional territory as a reduction of traditional uses, practices, and customs, as well as an infringement of WFN rights to access the land and resources and to practice traditional modes of life; b. Activities or decisions that may infringe upon WFN Aboriginal and Treaty Rights, Interests and Values must not proceed unless there has been meaningful consultation and accommodation; c. WFN must be engaged at the earliest possible stages of project development and / or decision-making either by the Crown or the Project Proponent; d. Cultural, ceremonial and heritage impacts on WFN can only be determined by WFN;

Updated: November 23, 2011

e. Webequie First Nation must have the capacity to be consulted by the Crown or Project Proponent, as well as have the capacity to consult its membership. WFN expects that the proponent and / or the Crown will support a full and meaningful participation in the consultation process; f. Adequate time must be allowed for full and meaningful consultation with WFN. Time will be a required factor in order to build trust, understanding, relationship, and consensus with some initiatives. g. Participation agreements, resource sharing agreements, and other interim measures by themselves do not discharge the Crown from its legal duty to consult and accommodate Webequie First Nations Rights, Interests, and Values; h. Engagement in a consultation process does not indicate that WFN agrees to or supports a proposed activity or decision; i. Consultations must be conducted with WFN elected Council, or such representatives that they may appoint. The WFN Council has the primary responsibility for participating in consultations and negotiations and must be the point of first contact. While all WFN members are to be informed and engaged about the impacts to their Rights, Interests, and Values, consultation is not to be conducted by the Crown and / or proponent directly with individual WFN members; j. While the Crown may delegate procedural aspects of the consultation and accommodation process to a Project Proponent, it is expected that the Crown will remain engaged, provide an oversight role over the entire process, and will continue to discharge its duty to consult and accommodate, and; These principles represent the minimum acceptable level of consultation in order for consultation to be meaningful and for proper accommodation measures to be identified. Webequie FN may adapt or change consultation processes and procedures to meet specific needs in any given case. 5.0 Responsibilities Responsibility of the Crown Fundamentally, it is the responsibility of the Crown to uphold the Honour of the Crown, and fulfill its duties towards WFN with respect to protecting and accommodating Aboriginal & Treaty Rights, Interests, and Values. In practice and in the context of any proposed planning or development activities that may impact the traditions, customs, and practices of WFN, this entails: Actively participating in, and abiding by the terms of, the consultation and accommodation process set out in this Protocol; Acting with integrity, fairness, and in good faith, when dealing with WFN; Updated: November 23, 2011 3

Providing full and on-going disclosure of information with respect to the Crowns direction, decision, and actions or any procedural aspects delegated to Project Proponents as it relates to proposed development activities; Providing full and on-going disclosure of information with respect to the Crowns direction, decision, and action or any procedural aspect delegated to a Crown agency, Crown corporation or municipality as it relates to proposed planning activities; Providing early and on-going opportunities for WFN to voice its concerns and issues as it relates to their Aboriginal and Treaty Rights, Interests, and Values; Ensuring that support and capacity for WFN exist to understand what is being proposed by the Crown or Project Proponent, to undertake consultation activities, and to have the ability to engage and respond effectively and adequately; Consulting with an intention of identifying the impacts and infringements to WFNs and WFN's interests and issues caused by the Crowns direction, decision, and actions in order to accommodate them, and; Ensuring the consultation and accommodation process is coordinated amongst all levels of government and across government ministries, Crown agencies and Crown corporations.

Responsibility of the Project Proponent Proponents, by virtue of having specific knowledge of project activities, may have been delegated procedural aspects of consultation by the Crown and are expected to collaborate with the Crown in the provision of project information to WFN. The information must be clear, accurate, complete, and in plain language. Proponents have a social responsibility and business interest in engaging WFN in meaningful consultation about any proposed development activities that may have an impact or infringe on WFNs Aboriginal and Treaty Rights, Interests, and Values. WFNs support for such proposed development activities is an important component of project feasibility and corporate social responsibility, specifically for achieving a social license to operate. Project Proponents are therefore urged to engage in meaningful consultation by: Actively participating in, and abiding by the terms of, the consultation and accommodation process set out in this Protocol; Acting in good faith when engaging with WFN; Providing full and on-going disclosure of information to WFN with respect to the project of interest and its potential impacts; Providing early and on-going opportunities for WFN to voice its concerns and issues as it relates to their Aboriginal and Treaty Rights, Interests, and Values; Ensuring that support and capacity for WFN exist to understand what is being proposed by the Project Proponent, to undertake consultation activities, and to have the ability to engage and respond effectively and adequately; Consulting with an intention of identifying the impacts and infringements to WFNs and WFN's interests and issues caused / created by the Project Proponents activities in order to accommodate them;

Updated: November 23, 2011

Building trust, capacity, and confidence to create collaborative arrangements with respect to accommodation measures, and; Seeking out opportunities to increase WFNs beneficial participation in the proposed development.

Responsibilities of Webequie First Nation As an expression of its ultimate responsibility to protect its Aboriginal and Treaty Rights, Interests, and Values and to further the sustainability of its people, WFN will fulfill the following responsibilities as set up in this Protocol by: Actively participating in, and abiding by the terms of, the consultation and accommodation process set out in this Protocol, including those terms in projectspecific arrangements; Acting in honour and good faith when dealing with the Crown and Project Proponents; Suggesting to the Crown or the Proponents methods and capacity supports required by WFN; Sharing information provided by the Crown and Proponents in plain language about the proposed direction, decision, and actions or development activity with its membership, where possible; Providing assistance and / or advice in gathering views and perspectives of its members on the proposed direction, decision, and action or development activity, where possible; Proposing collaborative arrangements to deal with accommodation measures, and; Suggesting opportunities to increase beneficial participation from a proposed development. 6.0 Triggers for the Protocol The Duty to Consult may be triggered by the Crowns direction, decisions, and actions that have the potential to adversely impact the exercise of Aboriginal and Treaty rights and the pursuit of traditional practices and customs that are an integral part of the distinctive culture of WFN. The decisions and actions that will be assessed for potential consultation obligations and accommodation measures, include, but are not limited to, the following: Legislation, Regulation, Policy and Strategic Plans: Creating a new or amended piece of legislation, regulation, policy or strategic plan that may have the effect of limiting or altering the use of WFN traditional lands and resources. Fish and Wildlife Management: A decision that may limit or alter the quality and quantity of fish and wildlife or the right of access to these traditional resources.

Updated: November 23, 2011

Resource Extraction: A decision related to the harvesting and processing of natural resources or the permitting and licensing of surface lands for extraction and production of minerals within WFN traditional territory. Land Designations: Any action that has the effect of restricting the use of unoccupied lands and other lands to which there is a right of access. Land Use Planning: Land use planning activities that provide a long-term framework for decisions on how land and resources will be protected, managed, or developed. Lease, Grant or Sale of Unoccupied Land: Decisions related to the long-term lease, granting or sale of unoccupied land. Changes to Public Access: A decision that will have the effect of changing public access to WFNs lands and resources or cultural practices. Environmental Approvals: A decision where an activity has the potential to negatively impact the environment or traditional activities.

7.0 Consultation and Accommodation Process WFN must determine the extent and nature of potential impacts and infringements of WFN's Aboriginal and Treaty rights and interests. It is not up to the Crown and / or the Proponent alone to determine potential impacts and infringements on WFN's Aboriginal and Treaty Rights, Interests, and Values. The depth of consultation to be undertaken will be related to the seriousness of the potential impacts and infringements on WFN's Aboriginal and Treaty rights and interests.

7.1 Notification Before any activity or decision is commenced or approved, and early in the consideration or planning cycle, the Crown and / or Proponent must notify and inform WFN of any intentions and provide WFN with detailed information regarding the proposed direction, decisions, and actions. The Notice should be a letter that includes: Key Proponent / Crown contact names, roles, and contact information A statement of the type of the direction, decision, and action being considered A brief summary of the details of the proposed project or the matter to be decided, such as the nature, scale, and size of the activity General location of proposed activity demarcated on an approximately scaled topographic map Proposed date of entry and duration of activity Proposed mode of access into WFN traditional territory

Updated: November 23, 2011

A summary of anticipated, identifiable impacts of the decision or project A description of any process, activities, timelines, or limitations associated with the decision or the project in plain language Regulatory approvals required A list of reports and studies that the Crown or Proponent will prepare for WFN to understand the proposed activity Plans for terminating the activity, site restoration, and exiting the traditional territory

7.2 Initial Contact Proponent Early in any project planning cycle and as soon as a Proponent is considering a project, the Proponent must contact and notify WFN by letter containing the information set out in the Letter of Notification in section 7.1 WFN will generally respond within 30 business days to the request for an initial meeting, and will arrange for the meeting at a location agreeable to both parties. If such a response does not occur within the aforementioned time period, the Proponent cannot assume that WFN has no concerns with the Proposed Activity or Project and will need to contact WFNs designated person(s) to determine if the notification has been received. WFN will inform the Proponent ahead of time if it is their expectation that the Proponent will cover any of WFNs expenses for this initial meeting. Prior to the initial meeting, the Proponent will be requested to forward a workplan of their proposed project as well as any publicly known / available history of activities for the project site. More than one meeting may be required for meaningful engagement to occur between WFN and the Proponent, in particular to understand the scope and implications of the proposed activities. The Crown Before any development project or decision is commenced or approved, and early in the consideration or planning cycle, the responsible agency of the Crown must notify and inform WFN of the proposed project or decision by way of letter containing the information set out in the Letter of Notification in section 7.1 In most cases, WFN will confirm their notification of such letters within 30 business days. If such confirmation does not occur within the aforementioned time period, the Crown representatives need to contact WFNs designated person(s) to determine if the notification was received. Updated: November 23, 2011 7

7.3 Initial Determination and Notification of First Nation Interests If WFN believes that the proposed direction, decision, or activity will not impact its Aboriginal and Treaty Rights, then WFN will notify the Crown or Proponent by Letter of its support and any associated conditions. This letter will generally be issued within 30 days from receipt of the Crowns notification letter, if this is the case, at which point the consultation and accommodation process would then be considered completed. WFN shall respond to the Crowns Letter of Notification within 30 days, indicating whether the proposed direction, decision, or activity has a potential impact on WFN's rights or interests. If WFN feels that the proposed direction, decision, or action has the potential for serious impact on WFNs Aboriginal and Treaty Rights, Interests, and Values, then additional steps in the consultation and accommodation process will be required, as outlined below. 7.4 Preparation and Implementation of a Project-Specific Consultation Workplan and Budget (if required). In the event that WFN identifies potential impacts and infringements on its Aboriginal and Treaty Rights, Interests, and Values within its traditional territory, then it will require further information, engagement, expertise, and / or time to analyze the information prior to providing their response. WFN will also require additional resources of either the Crown or the proponent to conduct its review and analysis of the proposed project or decision. It is at this point that WFN may seek to establish a mutually agreeable projectspecific consultation workplan and budget with the Crown and / or Proponent. The process for this will be as follows: a) WFN will notify the Crown and the Proponent that a project-specific consultation workplan and budget is required and will describe its initial needs for further clarification, expertise, time, and/or financial resources to participate meaningfully in the consultation process; b) WFN will prepare a draft project-specific workplan and budget for supporting WFNs meaningful participation in the consultation process and provide it to the Crown and / or Proponent for review; c) WFN will arrange a meeting at a mutually agreeable time and location with the Crown and / or Proponent to discuss and agree upon the terms of the consultation workplan and budget. Further meetings may be required if no agreement can be reached at this point, and the additional costs will added to the consultation budget; d) Upon reaching an agreement on the terms of a project-specific consultation workplan and budget, the Crown and / or Proponent will prepare and send a final version to all parties to the agreement, including WFN, and; e) The final consultation workplan and budget are implemented and amended periodically as required.

Updated: November 23, 2011

The consultation workplan may consist of any of the following elements, as applicable: a list of contact persons for all parties to ensure proper, consistent, and effective communication; information requirements of WFN, whereby the formats, content, and timing of information delivery is culturally appropriate; information required from WFN, how it should be collected and provided; requirements of WFN for expertise, when it is required; consultation and, possibly, negotiation meetings, their location, formats, participants, goals, and timing; internal community consultation requirements, their location, formats, goals, participants, and timing; WFNs requirements for commenting on and participating in Environmental Assesments and / or other regulatory processes related to the development project or decision, and; mechanisms for implementation, monitoring, and follow up related to the environmental effects during the life of the project development. The budget may consist of any of the following elements, as applicable to the scale, size, and complexity of the project: costs to collect, copy, translate, and disseminate information; expert fees and expenses; expenses for WFN representatives; meeting costs, and; internal community consultation costs.

WFN expects the Crown and the Proponent, if applicable, to abide by the terms of the final consultation workplan and budget. WFN will in turn abide by said terms. 7.5 Assessment and Statement of Impact (if required) Once information about the project is fully disclosed and, if applicable, the consultation workplan and budget has been finalized to WFNs satisfaction, WFN will carry out an assessment and issue a statement of the impacts on Aboriginal and Treaty Rights, Interest, and Values that will be caused by the proposed project or decision. 7.5.1 The WFN designated person(s) will prepare a Community Impact Statement which will include the following: a) sufficient information from the Proponent and / or Crown agency to properly understand the project and its potential impacts to the land and water; b) location of the project site or activity area on WFN Land Use Planning maps;

Updated: November 23, 2011

c) a preliminary determination on the likelihood of whether the project will either on its own, or cumulatively, have impacts on WFN cultural, ecological, economic, social, and traditional values; d) a preliminary determination on the likelihood of whether the project will either on its own, or cumulatively, have impacts to WFN Landuse Planning Areas, and; e) a preliminary determination on whether the project is consistent with WFN policies, processes, or Land Use Planning designation, and if there any identification of the potential impacts and violations. 7.5.2 The WFN designated person(s), as part of the preparation of the Community Impact Statement, will make best efforts meeting with potentially affected WFN landuse, trappers, harvesters, elders, and families to inform and seek input to the Community Impact Statement. 7.5.3 The WFN designated person(s), as part of the preparation of the Community Impact Assessment, will seek technical advice when necessary. 7.5.4 Once the Community Impact Assessment is completed, WFN members will be informed through a community meeting to discuss the Community Impact Assessment, as well as to solicit input on accommodation measures. Once recommendations on the Community Impact Assessment have been provided, the designated person(s) will provide a written response to the Proponent and / or Crown agency. 7.5.5. The written response will recommend conditional support, full support, rejection, or changes to the project. The written response may also include terms and conditions to protect WFN interests, requiring the Proponent to agree to the terms and conditions before any work can begin on the project. The terms and conditions could include further studies to be completed prior to work commencing. 7.5.6 If terms and conditions are provided to the Proponent or if further information is required, the designated person(s) may: a) request more information from the proponent; b) obtain technical advice, and; c) meet with the proponent to obtain information or discuss the terms and conditions.

Updated: November 23, 2011

10

8.0 Negotiations and Accommodation The determination of whether accommodation is necessary and the particular form it will take is dependent on the outcome of the consultation process. The evaluation to determine the accommodation process will include: any information in the Letter of Notification information learned during the consultation process information contained in the Community Impact Statement preliminary assessment of impact and infringement on WFN's Aboriginal & Treaty Rights, Interests, and Values any mitigation measures that have been employed by government and / or the proponent relating to the proposed activity.

Accommodation normally involves mitigation for adverse impacts or effects but may also include compensation for situations where mitigation measures are insufficient and there is a reasonable probability of permanent or ongoing infringement. Mitigation measures aim at minimizing or averting adverse impacts by changing or amending the proposed plan or action. In the event that a plan or development requires alteration or additional measures, the proponent will be responsible for the costs. Given that WFN members continue to subsist by hunting, trapping, fishing, and harvesting within their traditional territory, the likelihood is high that any proposed development activities will either result in a loss of use of land, loss of access to exercise a right, or a reduction of traditional uses, practices, and customs. In instances when a proposed decision and action result in significant, unavoidable infringements or impacts, accommodation can also aim at promoting the broader interests of WFN community and could involve seeking a compromise while attempting to harmonize conflicting landuse interests through a negotiated agreement that would include compensation in some form. The final phase of the Consultation and Accommodation Process will involve the negotiation of an agreement that will embody the terms and conditions to allow a certain set of activities to proceed. If the activities comprise a major resource development project, then there may be a requirement to ratify an agreement between the Proponent and WFN through a community vote. It is expected that any negotiated agreement between WFN and a Proponent will be consistent with the WFN Lands and Resource Policy and the WFN Community-Based Landuse Plan.

9.0 Implementation, Monitoring, and Follow Up The success of a consultation and accommodation process will be realized in the implementation, monitoring, and follow-up phase. The Proponent or Crown will discuss with WFN an implementation plan, including the monitoring of the project to ensure that commitments are fulfilled, including ongoing follow -up.

Updated: November 23, 2011

11

The Proponent or Crown will maintain continued contact with WFN throughout the life of the project to ensure that any new developments or impacts on WFN Aboriginal and Treaty rights are dealt with promptly and properly.

Updated: November 23, 2011

12