It can, for instance, apply from the point of strategic planning about development at a policy level through the process of issuing any individual license or permit through long term resource management tasks, and even to the point of dealing with decommissioning of a project which has affected Aboriginal rights.

At a minimum, there will be a duty to discuss important decisions which will affect Aboriginal rights or title in any way. In most cases, there will be a duty to a process which is significantly deeper than mere consultation. In very serious cases, the process may include the need for submissions from Aboriginal peoples, the guarantee of Aboriginal peoples' formal participation in the decision-making process, and written reasons for decisions which affect their rights. Although the First Nation does not have veto rights where the Aboriginal right or Aboriginal title is not proven, as noted earlier, the First Nation's consent may be required where their rights have been proven.