Ministry of Indigenous Affairs

Norfolk County is seeking provincial collaboration to streamline and reduce the costs of Indigenous consultation requirements for cemetery development, while continuing to uphold its commitment to respectful engagement with First Nations communities.

Cemeteries' Duty to Consult

Where we're at

Norfolk County fully respects and upholds the duty to consult with Indigenous communities, particularly with the two First Nations with whom we regularly engage in matters concerning land use and cultural heritage. However, the consultation requirements associated with cemetery development and ground disturbance (e.g., digging and site preparation) have led to significant and rising costs for the County.

Norfolk asks the Province:

• To explore a more coordinated and cost-effective approach to fulfilling consultation obligations. Specifically, we recommend:
  • Funding Support or Cost-Sharing: For municipalities undertaking projects requiring repeated consultation, particularly for essential public services like cemeteries.
  • Dedicated Regional Liaison Support: Establishing a regional or shared provincial staff position to act as a liaison between municipalities and Indigenous communities. This would streamline communication, ensure consistency, reduce duplication, and lower overall costs for municipalities and First Nations.
  • Provincial Guidance and Tools: Develop clear, standardized protocols and templates for duty-to-consult processes in municipal infrastructure and land development projects. At the moment, municipalities are being asked to enter into agreements with First Nations regarding archeological work conducted in connection with development applications, with no understanding of the implications of such agreements. Best practices must be developed and shared broadly with municipalities, and subject matter experts should be made available to advise municipalities.