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The Policy contemplates the creation ofdetailed Consultation Guidelines which areexpected to provide further guidance as tothe Policy’s application, but as of April 2014they had not yet been released.In New Brunswick, the official Duty toConsult Policy, released by the provincialgovernment in November 2011, providesthat “the Government of New Brunswick willconsult with First Nations before an actionor decision is taken that may adverselyimpact Aboriginal and treaty rights”, as persection 35 of the Constitution Act, 1982.This policy is based on five governingprinciples for consultation, namely integrityand good faith, mutual respect, thegovernment’s duty to consult, reciprocalresponsibility, and transparency andaccountability. This policy alsocomplements the Mi'kmaq, Maliseet, andProvince of New Brunswick RelationshipBuilding Bilateral Agreement, which wassigned on June 22, 2007, which provides aframework for the Aboriginal communities ofNew Brunswick and the provincialgovernment to deal with issues, includingdevelopment, in a mutually respectful,productive manner.There is currently an Interim ConsultationPolicy in Nova Scotia, released on June 19,2007 and intended to govern theconsultation work of provincial governmentdepartments. This interim policy applieswhere Aboriginal title, Aboriginal rights,and/or treaty rights are claimed. A final,more comprehensive policy was expected in2013 but as of April 2014 had not yet beenreleased.In the meantime, there are three otherdocuments that third parties should considerwhen about to embark on projects thatcould affect Aboriginal groups:The Memorandum of Understandingbetween Canada and Nova Scotia,signed in October 2012, whichaffirms federal-provincial plans tocooperate on matters regardingconsultation;The 2010 Terms of Reference for aMi’kmaq-Nova Scotia-CanadaConsultation Process, between theMi’kmaq of Nova Scotia asrepresented by the ThirteenMi’kmaw Saqmaq, Nova Scotia, andCanada and establishing an optionalbut preferred consultation process;andThe Proponents’ Guide: The Role ofProponents in Crown Consultationwith the Mi’kmaq of Nova Scotia,which was most recently revised in2012.This Guide advises project proponents,identified as including “private industry,consulting firms, government departmentsand municipalities,” on how to fulfill theprocedural aspects of consultation that maybe delegated to them in accordance with thecase law on duty to consult (but is notmeant to take the place of legal advice). It isclear that the provincial Crown maintainsultimate responsibility for the consultationprocess. The Guide stipulates that it will beespecially relevant for proponentsundertaking an Environmental Assessmentunder the Regulations to the EnvironmentAct, but will also apply more generally.The Guide sets out four principles ofengagement – “mutual respect”; “earlyengagement”; “openness andtransparency”; and “adequate time toreview/respond” – and outlines six steps ofengagement for proponents: notifying therelevant Mi’kmaq communities beforebeginning the project; providing as muchAboriginal Law 156