Indigenous Ministerial Arrangements Regulations
This regulatory initiative is part of the 2024-2026 Forward Regulatory Plan.
Enabling Acts
Description
The Canadian Energy Regulator Act (CER Act) came into force on August 28, 2019. The Indigenous Ministerial Arrangements Regulations are a feature of the CER Act that would enable the Minister to enter into arrangements with Indigenous governing bodies for carrying out the purposes of the CER Act, and may authorize any Indigenous governing body to conduct activities under the CER Act as outlined in the arrangement.
An Indigenous governing body is defined in the CER Act as a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.
As per Section 78 of the CER Act, the Governor in Council may make regulations respecting the Minister’s power to enter into arrangements, including regulations:
- respecting how they are to be entered into;
- respecting the circumstances under which they may be entered into;
- respecting their contents; and,
- varying or excluding any provision of this Act or a regulation made under it as that provision applies to the subject matter of the arrangement.
Regulatory cooperation efforts (domestic and international)
As part of the overall engagement efforts, NRCan staff are working closely with provincial and federal regulators with similar delegation programs to learn best practices and help inform regulatory development and implementation plans.
Potential impacts on Canadians, including businesses
The proposed regulations are expected to clarify how Indigenous jurisdictions’ involvement may be enhanced in the lifecycle oversight of federally regulated energy projects, as part of the Government of Canada’s efforts to advance reconciliation with Indigenous Peoples.
Engagement
IMARs is now undergoing its second phase out of its five-phased approach. In the summer of 2024, NRCan plans to engage with interested Indigenous groups to determine the extent to which Indigenous governing bodies want to be involved in the regulatory process. Further engagement in subsequent years is also planned as part of the regulatory design and development phases.
Information on when engagement opportunities will occur will appear on Natural Resources Canada’s Public consultations and engagements webpage and the Canada Energy Regulator's Consultation and Engagement webpage.
Departmental Contact
Jay Gerritsen, Director
Indigenous Ministerial Arrangements Regulations
Nòkwewashk [No-Kwe-washk]
Natural Resources Canada
Telephone: 343-596-9911
Email: jay.gerritsen@nrcan-rncan.gc.ca
Date First included in Forward Regulatory Plan
April 1, 2019
Consult NRCan’s acts and regulations web page for:
- a list of acts and regulations administered by NRCan
- further information on NRCan’s implementation of government-wide regulatory management initiatives
Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:
To learn about upcoming or ongoing consultations on proposed federal regulations, visit:
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