Section 3: Duty to Consult with StakeholdersUnder the Policy Advocacy Act of 2019, all government agencies and departments are required to consult with stakeholders when developing policies and regulations. Stakeholders include individuals, organizations, and groups that may be affected by the policy or have an interest in the issue. The consultation process must be transparent and inclusive, allowing for feedback and suggestions from all stakeholders. Failure to comply with this provision may result in legal action against the agency or department.

Section 3 of the Policy Advocacy Act of 2019 outlines the duty of government agencies and departments to consult with stakeholders when developing policies and regulations. This provision aims to ensure that the interests and concerns of all stakeholders are taken into account when making decisions that may affect them.

The consultation process must be transparent and inclusive, allowing for feedback and suggestions from all stakeholders. This means that agencies and departments must provide stakeholders with relevant information about the proposed policy or regulation, as well as sufficient time to review and provide feedback. Agencies and departments must also consider the feedback received from stakeholders before making a final decision.

Failure to comply with this provision may result in legal action against the agency or department. In some cases, stakeholders may challenge the validity of a policy or regulation if they were not adequately consulted during the development process.

There have been several cases that have addressed the duty to consult with stakeholders. In Haida Nation v. British Columbia (Minister of Forests), the Supreme Court of Canada held that the duty to consult with Indigenous groups is a constitutional obligation that arises when the government has knowledge of potential Indigenous rights or title claims. The court emphasized that the duty to consult requires a meaningful dialogue between the government and Indigenous groups, and that the ultimate goal is to reach a mutually acceptable agreement.

In Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, the Supreme Court of Canada reiterated the importance of the duty to consult with Indigenous groups, stating that it is an essential component of reconciliation between Indigenous peoples and the Crown. The court emphasized that the duty to consult requires a flexible and responsive approach that takes into account the unique circumstances of each case.

In addition to Indigenous groups, other stakeholders may also have a legal right to be consulted during the policy development process. In Friends of the Oldman River Society v. Canada (Minister of Transport), the Supreme Court of Canada held that the government has a duty to consult with stakeholders who may be directly affected by a proposed policy or regulation. The court emphasized that the duty to consult requires a meaningful dialogue between the government and stakeholders, and that the ultimate goal is to ensure that the decision-making process is fair and transparent.

Other relevant cases include Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), Tsilhqot’in Nation v. British Columbia, and Clyde River (Hamlet) v. Petroleum Geo-Services Inc., which have all addressed the duty to consult with Indigenous groups in the context of resource development projects.

In conclusion, Section 3 of the Policy Advocacy Act of 2019 establishes the duty of government agencies and departments to consult with stakeholders when developing policies and regulations. Failure to comply with this provision may result in legal action against the agency or department. There have been several cases that have addressed the duty to consult with stakeholders, including Indigenous groups and other directly affected parties. The duty to consult requires a meaningful dialogue between the government and stakeholders, with the ultimate goal of ensuring that the decision-making process is fair and transparent.