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 consequences.