Proposed Indigenous Ministerial Arrangements Regulations – Phases of engagement

In 2022 to 2023, Natural Resources Canada (NRCan), conducted Phase 1 Early Touch-Base sessions with Indigenous groups, landowner groups, and the Canada Energy Regulator (CER)’s Indigenous Advisory Committee to inform the development of an engagement strategy. The subsequent four phases are described in the following outline.

1. Phase 1: Early Touch-Base (2022)

   Status: Completed

   Inform Indigenous groups, landowner groups, the CER Indigenous Advisory Committee, and CER-regulated companies about the development of an engagement strategy.

2. Phase 2: Engagement and Regulatory Design (2024 to 2025)

   Status: In progress

   To determine the extent to which Indigenous governing bodies want to be involved in the regulatory development process and the overall considerations to help inform the development of regulations.

   Identify Indigenous governing bodies (on a distinctions-basis) who are interested in participating in engagement sessions to develop the proposed IMARs

   • Promotion of the proposed IMARs development process through emails/letters, NRCan website, CER website, word of mouth, through other government departments, conferences, and social media
   • Application process for recipients as part of participant funding
   • Review of received applications
   • Completed Contribution Agreements
   
   

   Initiate engagement sessions

   • Meet with Indigenous groups, in-person or online
   • Compilation of What we heard reports
   • Regular meetings with CER and NRCan UNDA-I Team to keep them informed on progress
   
   

   Regulatory Proposal

   • Development of a Regulatory Proposal
   • Continuous analysis of consistency with the UN Declaration as per Section 5 of the UN Declaration Act, consult with Indigenous groups on findings for the proposed regulations
   • Presentation to NRCan and CER senior management
   
   

   Completion of Phase 2 to help inform Phase 3

   • Validate Regulatory Proposal and What we heard report(s) with Indigenous groups
   • Translation and publication of final What we heard report and Regulatory Proposal
   • Presentation to NRCan and CER

3. Phase 3: Regulatory Development (2025 to 2026)

   To draft the proposed Indigenous Ministerial Arrangements Regulations in accordance with Government of Canada requirements.

   Further engagement with Indigenous groups and other stakeholders based on feedback received in Phase 2

   • Refined Regulatory Proposal
   
   

   Departmental analysis and Triage approval

   • Complete Triage template
   • Get approval from the Treasury Board Secretariate (TBS) on Triage, as well as agreement on level costs impacts
   
   

   Conduct impact assessments for Canadians as part of regulatory development process

   • Complete Regulatory Impact Analysis Statement (RIAS) template
   • Get approval from TBS on RIAS template
   
   

   Begin drafting regulations with Department of Justice (DoJ)

   • Draft regulations based on feedback received in Phase 2
   
   

   TBS approval of draft regulations and review by Privy Council Office and DoJ

   • Draft regulations completed
   • Receive Blue Stamp
   
   

   Completion of Phase 3 to help inform Phase 4

   • Presentation to Indigenous groups, NRCan and CER senior management

4. Phase 4: Wrap up (2026-2027)

   Completeness and coming into force of the Indigenous Ministerial Arrangements Regulations.

   Publication of proposed regulations

   • Canada Gazette, Part I
   
   

   Conduct analysis of feedback received

   • Updating regulations
   • Keep Indigenous groups, NRCan and CER senior management informed of feedback
   
   

   Approvals

   • Governor in Council approval of regulations
   
   

   Final regulations completed

   • Canada Gazette, Part II

5. Phase 5: Administrative process for arrangements (2027 to 2028)

   To ensure the administrative process is established for the Minister of Energy and Natural Resources Canada to enter into arrangements with Indigenous governing bodies, at the discretion of the Minister.

Contact us

For additional information on the proposed IMARs or to submit comments in writing, please send an email to Indigenous Ministerial Arrangements Regulations at: imar-rama@nrcan-rncan.gc.ca.