Horizontal Initiatives 2011-12

Project management and Deputy Minister-level oversight is provided for over 60 major resource projects, including working with partners to identify and resolve issues that arise to ensure an efficient and effective review process;

Project Agreements that include target timelines, service standards and work plans are developed to ensure timely, integrated and well coordinated environmental assessment, regulatory decision-making and Aboriginal consultation for major resource projects;

Robust tracking, monitoring and reporting on major resource projects is undertaken to increase the level of transparency and accountability of the federal regulatory review process and to ensure adherence to target timelines and service standards;

Ongoing implementation of a consistent, whole of government approach to Aboriginal consultations;

Work with partners to strengthen northern regulatory regimes and to improve integration of federal and provincial review processes; and,

An evaluation of the early successes towards meeting the objectives of the MPMO Initiative is carried out and recommendations/ proposals are developed to improve program design.

Over the course of 2011-12, the MPMO worked in  close collaboration with federal regulatory departments and agencies to advance the development of a suite of legislative, regulatory and policy measures aimed at delivering predictable and timely project reviews; reduced duplication, strengthened environmental protection and enhanced Aboriginal consultations for major project reviews;

These measures were introduced through Budget 2012 as part of the Government’s plan for Responsible Resource Development that seeks to fundamentally modernize Canada’s regulatory system for major projects.

The MPMO is overseeing the federal regulatory review process for more than 70 major natural resource projects representing over $150 billion in potential new capital investment in communities across Canada. NRCan/MPMO also chaired monthly meetings of the Major Projects Deputy Ministers' Committee and supporting ADM and DG Committees to ensure timely resolution of project-related issues, and to advance new policies, procedures and analysis to further improve the performance of the federal regulatory system for major resource projects.

All MPMO projects undergoing a federal regulatory review are on track to have Project Agreements (PAs) signed by Deputy Heads.

The MPMO maintains a robust performance management system to ensure project reviews meet target timelines.

This includes:

• Project Agreements signed by federal Deputy Heads that contain milestones and target timelines for each project review;
• Publicly tracking/monitoring milestones through the MPMO Tracker website;
• Weekly and monthly reporting to Deputy Heads to ensure issues are effectively managed;

The whole-of-government approach to Aboriginal consultation under the MPMO Initiative continues to be strengthened and applied.

The federal-provincial-territorial ADMs’ Regulatory Reform Working Group, co-chaired by MPMO, delivered on key commitments made through the 2011 Annual Energy and Mines Ministers Conference. Through this mechanism, several pilot projects are being advanced to improve alignment of federal-provincial-territorial regulatory systems with the goal of putting in place a ‘one project, one review’ approach; and,

The MPMO also worked bilaterally with provinces to improve alignment of regulatory processes. To strengthen northern regulatory regimes, the MPMO supported Aboriginal Affairs and Northern Development Canada in the development of a suite of policy proposals to align policy approaches both North and South of the 60th parallel. The MPMO also supported the Northern Projects Management Office to improve the consistency of project management approaches both North and South of 60.

A horizontal evaluation of the MPMO Initiative was completed as a means of assessing and ensuring results-based performance across the Government of Canada and supporting continuous improvement of the federal regulatory system. Findings pointed to a clear on-going need for the Initiative as well as the central coordination function performed by the MPMO.  

The federal environmental assessment process and related Aboriginal consultation activities for major resource projects are managed in an effective and efficient manner.

Led the federal environmental assessment process for MRPs (with the exception of CNSC and NEB projects), and coordinated Aboriginal consultation activities with the EAs of these projects consistent with the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects and its Memorandum of Understanding, and the Updated Guidelines for Federal Officials to Fulfill the Legal Duty to Consult (2011).

Policies, procedures and guidance materials are developed for enhancing coordination and collaboration on high-quality, timely and predictable environmental assessment within the regulatory approval process; and,

Policies, procedures are developed to support the integration of Aboriginal Crown consultations in the environmental assessment and regulatory approval process.

Actively contributed to the evaluation of the MPMO Initiative and will collaborate on the implementation of the recommendations in fiscal years to come.

Developed and implemented a map-based technology using geographic information systems that incorporates information on Aboriginal groups (e.g., location of communities, traditional territories and land claims) to support the integration of Aboriginal consultation into the EA process;

Provided training on Aboriginal consultation and interest-based negotiation to both Agency and Government of Canada employees;

Created the Agency’s external web page on Aboriginal consultation;

In cooperation with federal departments and agencies involved in the MPMO Initiative:

• Developed new policies, processes, procedures and guidance materials on the integration of Aboriginal consultation in the environmental assessment and regulatory approval process, such as a policy framework to guide the activities of the Agency as Crown Consultation Coordinator for MRPs.

Developed guidance to support Canadian Wildlife Service involvement in the EA process for major resource projects.

Drafted policies related to the issuance of permits under the Species at Risk Act, the Canada Wildlife Act and the Migratory Birds Convention Act.

Drafted guidance documents to facilitate the incorporation of wildlife considerations in federal environmental assessment processes for major resource projects.

Supported expert involvement with respect to hydrology, water quantity, hydraulics and water management in the regulatory review of major resource projects.

Supported EC's responsibilities associated with the International River Improvements Act (IRIA) by upholding standard operating procedures and policies for licensing.

Supported EC’s responsibilities in the EA process associated with the IRIA for major natural resource projects by providing guidance, processes and issues reviews; and providing comments on hydrology, water quantity and water management.

The department decided not to pursue amendments to the IRIA regulations at this time.

Environmental assessment and ecological monitoring

Departmental EA processes were streamlined to ensure efficiency and effectiveness of the MPMO regulatory process for major resource projects.

Regional offices were supported in the delivery of streamlining priorities for major resource projects via National Program liaison activities and coordination.
Coordinated EC's participation in the MPMO Initiative to meet established timelines and deliverables. Streamlined departmental EA processes, met established timelines and incorporated lessons learned from previous EA experience through workshops, post-project evaluations and contributions to operational policy statements.

Contributed to the interdepartmental impact analysis of Supreme Court decisions and supported related guidance on compliance.

Developed guidance, tools and training to support enhanced engagement in MPMO-track regulatory processes for major resource projects.

Worked with MPMO on the development of a Crown record management system. Followed established information monitoring and tracking procedures, systems, and databases for all MPMO projects.

Ensured timely regulatory decisions related to Ocean Disposal permitting.  Participated in regional networks to deal with existing and emerging marine and disposal at sea issues.

Environment Canada's involvement in the regulatory process for major resource projects was supported by guidance, including the issuing of its Guidelines for the Assessment of Alternatives for Mine Waste Disposal.

EC involvement in the regulatory process for major resource projects was supported by triage systems and Regulatory Impact Analysis development work for regulatory amendments for the MMER.

Regular, timely, strategic advice and training was provided on consultation and engaging Aboriginal groups throughout the regulatory process for major resource projects.

Supported RAs in engaging Aboriginal groups on major resource projects.  Provided strengthened and consistent capacity for Aboriginal consultation and engagement for major projects EA activities when requested by RAs.
Supported Environment Canada's participation on the Crown Oversight Committee and associated working groups on Aboriginal consultation.
Worked with MPMO on the development of a Crown record management system.

Provided advice, support and training on public participation and aboriginal consultations relating to major natural resource projects.

Continued participation in MPMO governance mechanisms (e.g., Major Projects Deputy Ministers’ Committee and supporting Director General and Assistant Deputy Minister level working groups, as well as interdepartmental project committees) in support of effective management of the federal regulatory system in relation to major natural resource projects

Provision of DFO technical capacity in the areas of the Fisheries Act, Species at Risk Act (SARA), Canadian Environmental Assessment Act (CEAA) and Aboriginal consultation activities relative to DFO’s regulatory decisions associated with major resource projects identified under this initiative.

Implementation of policies and approaches relative to major natural resource projects involving DFO.

Senior officials at Fisheries and Oceans Canada, including the Deputy Minister, have participated in MPMO governance mechanisms on an ongoing basis, in support of effective management of the federal regulatory system in relation to major natural resource projects, as well as in the areas of environmental assessment and Aboriginal consultation.

Both Habitat Management Program Policy and Habitat Management Operations continued to provide input to analyses of legislative, regulatory and policy issues associated with those areas relating to DFO mandates and responsibilities, as well as input to potential solutions.

Both operations and program policy provided input in relation to DFO mandates and responsibilities for discussions with provincial governments to identify means of coordination and cooperation to determine areas for improved efficiencies and effectiveness.

Habitat Management Operations continued to provide technical capacity for advice to proponents, regulatory partners and external stakeholders in support of regulatory reviews and related activities for major resource projects under the Fisheries Act, and the associated environmental assessment and Aboriginal consultation processes.

Habitat Management Operations continued to implement policies and approaches relative to major natural resource projects with a view to meeting the objective of completing regulatory reviews within a established timelines

Provision of input in the development and implementation of a whole-of-government strategy to modernize the federal regulatory review process;

Continued participation in MPMO governance mechanisms (e.g., Major Projects Deputy Ministers’ Committee and supporting Director General and Assistant Deputy Minister level groups, as well as interdepartmental working groups) in support of improving the federal regulatory system;

Provision of support to the development of policies and approaches led by the MPMO in relation to the areas of regulatory activities, environmental assessment and Aboriginal consultation; and

Communication of policies and approaches and where appropriate, integration of policies and approaches into DFO activities.

Habitat Management Program Policy provided strategic and policy input in support of the development of a whole-of-government strategy to modernize the federal regulatory review process, in particular, in relation to the Department’s mandates and responsibilities.  This included analyses of legislative, regulatory and policy issues associated with those areas relating to DFO mandates and responsibilities, as well as input to potential solutions.

Officials at Fisheries and Oceans Canada, including the Deputy Minister, have participated in MPMO governance mechanisms on an ongoing basis, in support of effective management of the federal regulatory system in relation to major natural resource projects, as well as in the areas of the Fisheries Act, Species at Risk Act,environmental assessment and Aboriginal consultation.

Habitat Management Program Policy provided ongoing support and advice on the development of policies and approaches led by the MPMO in relation to regulatory activities (including the Fisheries Act and Species at Risk Act),environmental assessment and Aboriginal consultation.  This included input in relation to DFO mandates and responsibilities for discussions with provincial governments to identify means of coordination and cooperation to determine areas for improved efficiencies and effectiveness.

Policies and approaches were communicated in a timely manner and were fully integrated in Departmental planning and reporting processes.

Provision of legal support to Justice litigators for hearings before boards, tribunals and courts; and,

Identification of legal issues/risks associated with ongoing implementation of the MPMO initiative and development of proposed positions/options to address issues/risks.

Provided legal advice and support of DFO's input to MPMO to operationalize the Initiative.

Legal Services provided legal support to Justice litigators on an ongoing basis for hearings before boards, tribunals and courts.

As part of the Department’s integrated risk management approach, MPMO-related legal risks are identified on an ongoing manner and integrated into the Integrated Risk Management Framework on a yearly basis. Strategies to mitigate risks and issues are addressed by the Habitat Management Program with the support of Legal Services.

EA, Regulatory permitting and monitoring exercises carried out in a more timely and effective manner;

Increase capacity for Northern boards to carry out environmental assessment and regulatory responsibilities in a timely and effective manner;

Section 35 Aboriginal  Consultation carried out effectively and efficiently; and,

Northern partners participate in process to strengthen Northern EA and Regulatory regimes

Conducted land and water use inspections in the NWT to enforce permits and conditions on major projects.

Boards used resources to update their strategic plan, operating guidelines, rules of procedures documents and upgrade their website.

Funding supported an FTE at the Mackenzie Valley Land and Water Board to enable it to better meet its Aboriginal consultation responsibilities.

Funding provided was used towards participation in the continued work of the six different land and water working groups.

Provide funding support to regulatory boards in the Northwest Territories to allow them to better meet their aboriginal consultation, regulatory permitting and environmental assessment responsibilities with respect to major resource projects;

Improve the transparency and accountability of the federal regulatory review process through increased oversight and regular monitoring, tracking and reporting on progress against commitments in Project Agreements;

Provide Aboriginal consultation information services and support to the Major Projects Management Office and all other federal partners;

Provide funding support to First Nations communities to build capacity to better equip them to coordinate and to participate in major resource development projects.

Provided funding support to regulatory boards in the Northwest Territories to allow them to better meet their Aboriginal consultation, regulatory permitting and environmental assessment responsibilities with respect to major resource projects.

Supported the plan for Responsible Resource Development in the initial and implementation phases.  AANDC LEMB as the Responsible Authority (RA) for the Northern Gateway Pipeline Project and pursuant to the Project Agreement has met the established timelines and service standards.

Regional Environmental Operations and Headquarters staff worked with the Aboriginal Consultation and Accommodation Unit on project files in order to support project and issues management. 

Provided funding to support First Nation communities in building capacity to better equip them to coordinate and participate in major resource development projects and related legislative changes.  The BC Region received $170K to build awareness with respect to resource development and the regulatory process in relation to areas with high resource development activity.  Approximately, $40K went to the Canadian Environmental Assessment Agency to support the Aboriginal Funding Envelope in relation to Northern Gateway.

TC (headquarters and regional staff) to participate in working groups to assist with the creation and approval of key documents, processes and tracking systems required to operationalize the MPMO office; and, TC to participate in projects in the MPMO process.

TC (headquarters and regional staff) to participate in working groups to assist with the creation and approval of key documents, processes and racking systems required to operationalize the MPMO office;

TC to work on departmental processes to ensure MPMO processes are applied in an efficient manner internally; and,

TC to participate in projects in the MPMO process.

TC has established a national MPMO committee in order to ensure that MPMO processes are applied internally in an efficient manner and that advice to the Associate Deputy Minister is provided in a timely and coordinated manner; and
Funding received was used in order to increase capacity for technical review of environmental assessments for major resource projects. 

To support corporate involvement; and

To develop procedures for and participate in consultation with Aboriginal groups.

TC's Aboriginal Consultation Unit assisted in implementing Aboriginal consultation for MPMO projects.  TC has also developed Aboriginal Consultation and Accommodation Guidelines, tools and training materials; and

TC liaises with the MPMO and other government departments in implementing a whole-of-government approach for Aboriginal Consultation.