Duty to Consult: Saskatchewan
Saskatchewan Ministry of Municipal Affairs
Duty to Consult with First Nations & Metis
Questions & Answers
Under The Planning and Development Act, 2007
1. Do municipalities have a duty to consult with First
Nations and Métis?
Whenever a municipality exercises its legal authority
in a way which might negatively impact on the
exercise of an Aboriginal or Treaty right, a duty to
consult with affected First Nations and Métis
communities will arise.
5. What are the consequences of failing to consult?
The failure to consult could result in a variety of
consequences, depending on the nature of the
government action contemplated. In the case of
legislation, it could be held to be invalid. In the case
of a project or development, it could be ordered to be
shut down or not permitted to proceed until
consultations have taken place. As well, the court
could require compensation to be paid. In other
words, failing to consult could have very serious