Consultation with aboriginal communities
 17. (1) A person who proposes to engage in a renewable energy project shall, in accordance with subsection (1.1), distribute the following to each aboriginal community mentioned in subparagraph 5 ii of subsection 15 (6): 1. A draft of the project description report prepared in accordance with Table 1. 2. Any information the person has regarding any adverse impacts that the project may have on constitutionally protected aboriginal or treaty rights that the community may have identified as being adversely impacted by the project. 3. A summary of each of the following documents in respect of which information is being requested under paragraph 4: i. All documents required under this Part to be submitted as part of the application, other than the consultation report prepared in accordance with Table 1 and the documents described in clauses 22 (a), 23 (3) (a) and 28 (3) (b) and (c). ii. All documents that are to be submitted as part of the application for the purposes of obtaining an exemption from a provision of Part V, other than the documents described in clauses 37 (2) (b) and (c), 38 (2) (b) and (c), 41 (5) (b) and (c) and 43 (3) (b) and (c). 4. A written request that the aboriginal community provide in writing any information available to the community that, in its opinion, should be considered in preparing a document summarized under paragraph 3, and in particular, any information the community may have about any adverse impacts that the project may have on constitutionally protected aboriginal or treaty rights and any measures for mitigating those adverse impacts.  O. Reg. 359/09, s. 17 (1); O. Reg. 521/10, s. 10 (1, 2); O. Reg. 195/12, s. 11; O. Reg. 333/12, s. 3. (1.1) The drafts, information and documents mentioned in subsection (1) shall be made available, (a) if section 16 applies, before drafts of document are made available under subsection 16 (5); or (b) if section 16 does not apply, at least 30 days before an application for the issue of a renewable energy approval is made to the Director.  O. Reg. 521/10, s. 10 (3). (2) A person mentioned in subsection (1) shall communicate with each aboriginal community regarding, (a) any constitutionally protected aboriginal or treaty rights that the community has identified as being adversely impacted by the renewable energy project; and (b) measures for mitigating any adverse impacts referred to in clause (a), including any measures identified by the community.  O. Reg. 359/09, s. 17 (2). (3) Subject to subsection (4), this section does not apply in respect of a proposal to engage in a renewable energy project in respect of a Class 2 wind facility.  O. Reg. 359/09, s. 17 (3). (4) If the Director is of the opinion that any consultation in addition to consultation required under subsection (2) is necessary to assess whether the project may have any adverse impacts on constitutionally protected aboriginal or treaty rights and any measures for mitigating those adverse impacts, the Director may, by written notice to a person mentioned in subsection (1), require the person to conduct consultation with any aboriginal community specified by the Director.  O. Reg. 359/09, s. 17 (4).