Indigenous Ministerial Arrangements Regulations
This regulatory initiative is part of the 2022-2024 Forward Regulatory Plan.
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.
Regulations respecting the Minister’s power to enter into arrangements would include:
- How they are to be entered into;
- The circumstances under which they may be entered into;
- Their contents; and,
- The variances or exclusions of any provision or regulation made under the CER Act.
Regulatory cooperation efforts (domestic and international)
As part of the overall engagement efforts, departmental staff are consulting 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 infrastructure, as part of the Government of Canada’s efforts to advance reconciliation with Indigenous Peoples.
Phase 1 Early Touch Base engagement on the proposed Indigenous Ministerial Arrangements Regulations launched at the end of July 2022. Indigenous Peoples and other interested parties have until October 31, 2022 to participate. Additional information and the Phase 1 Early Touch Base Handbook can be found on the Development of new Indigenous Ministerial Arrangements Regulations webpage.
Information on when consultation 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.
Ian Fall, Director, CER Regulatory Policy
Natural Resources Canada
Telephone: (343) 543-7361
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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