Understanding Opportunities for Meaningful Engagement in Water Power Licensing

We examine current legislated clauses related to engagement in hydropower licensing across Canada with the intent of identifying better practices. Data collection involved a literature review to identify criteria for meaningful engagement and a legislative analysis to determine the extent to which current legislation requires these practices in hydropower licensing and renewals. We found that most licensing processes across Canada do not meaningfully engage those affected by hydroelectric projects. Legislative processes in Yukon and Northwest Territories have the highest standards of engagement, including mandatory public hearings for all license applications. None of the processes in Canada appear to include clauses directed specifically at engaging Indigenous Peoples, including relational processes and inclusion of traditional knowledge, although four include reference to upholding Section 35 of the Constitution, treaties, and land claims agreements. Legislation should be updated to provide more opportunities for public engagement and to uphold Indigenous rights and state obligations; subsequent legislative and regulatory reform must be undertaken through collaborative processes with Indigenous governments and Peoples so that those directly affected by hydro development are able to participate in future licensing processes in a meaningful way.