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Horizontal initiatives

Horizontal initiative Reporting for 2019-20 Departmental Results Report: MPMOI (Final Year of Reporting)


Name of horizontal initiative

Major Projects Management Office Initiative (MPMOI)

Lead department

Natural Resources Canada (NRCan)

Federal partner departments

  • Impact Assessment Agency of Canada (IAAC)
  • Fisheries and Oceans Canada (DFO)
  • Transport Canada (TC)
  • Environment and Climate Change Canada (ECCC)
  • Indigenous Services Canada (ISC) and Crown Indigenous Relations and Northern Affairs Canada (CIRNAC))

Non‑federal and non‑governmental partners

Not applicable

Start date of the horizontal initiative

Original funding allocation start/end date: 2007-12
First renewal allocation start/end date: 2012-15
Second renewal allocation start date: April 1, 2015.

End date of the horizontal initiative

March 31, 2020

Description of the horizontal initiative

Established in 2007 to improve the performance of the review process for major natural resource projects, the MPMOI was a horizontal initiative across 12 federal departments and agencies. The Initiative was renewed in 2015 for $135 million over five years to ensure: that Canada remains a competitive and attractive location to invest; high environmental standards are upheld; and meaningful Indigenous consultations are conducted. The Major Projects Deputy Ministers' Committee served as the governance body for the implementation of the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects.
This initiative ended March 31, 2020.

Governance structures

The Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects established the governance framework for federal departments and agencies to facilitate the effective, coordinated and concurrent discharge of their statutory duties, functions and obligations related to the regulation of major resource projects. It encouraged them to work together to identify areas where the federal regulatory system can be improved, and to drive system-wide improvements to the accountability, transparency, timeliness and predictability of the federal regulatory system for major resource projects.
The Minister of Natural Resources was the lead minister for the MPMOI. He worked with his counterparts to report to Cabinet on improvements to the federal review process and reports to Parliament and the public through NRCan’s Annual Report.
The Major Projects Deputy Ministers' Committee governed the Initiative, providing direction to resolve project and policy matters in keeping with the Cabinet Directive. Members included Deputy Minister level representatives from: NRCan (Chair), DFO, ECCC, CIRNA, ISC, CEAA, Transport Canada, Health Canada, Justice, Privy Council Office, Canadian Northern Economic Development Agency, Canadian Nuclear Safety Commission, and the National Energy Board (NEB).
Interdepartmental working groups of MPMOI partners at the Assistant Deputy Minister and working levels met regularly to advance the coherent delivery of the MPMO mandate.

Total federal funding allocated (from start to end date) (dollars)

$366,000,000 (since inception in 2007)

Total federal planned spending to date (dollars)

$342,000,000 (since inception in 2007 to March 31, 2019)
$27,000,000 (for FY 2019/20)

Total federal actual spending to date (dollars)

$328,481,176 (since inception in 2007 to March 31, 2019)
$23,575,234 (for FY 2019/20)

Date of last renewal of the horizontal initiative                             

April 01, 2015

Total federal funding allocated at the last renewal and source of funding
(dollars)

$135,000,000 – Supplementary Estimates

Additional federal funding received after the last renewal (dollars)

Not applicable

Funding contributed by non‑federal and non‑governmental partners (dollars)

Not applicable

Fiscal year of planned completion of next evaluation           

An evaluation of the initiative was conducted in 2018-19.
The report is expected in 2020-21.

Shared outcome of federal partners

Improved performance of the federal review process for major resource projects in support of sustainable resource development in Canada, and regulatory decisions that hold the confidence of Canadians.

Performance indicator(s)

See Horizontal Results Table below

Target(s)

See Horizontal Results Table below

Data source and frequency of monitoring and reporting

See Horizontal Results Table below

Results

See Horizontal Results Table below

Expected outcome of non‑federal and non‑governmental partners

Not applicable

Name of Theme

Not applicable

Theme outcome

Not applicable

Theme performance indicator(s)

Not applicable

Theme target(s)

Not applicable

Theme data source and frequency of monitoring and reporting

Not applicable

Theme results

Not applicable

Performance highlights

A new impact assessment and regulatory regime (as per Bill C-69 and Bill C-68) came into force on August 28, 2019, making changes to the legislative cornerstone of the MPMOI.  The new regime includes four pieces of legislation: the Impact Assessment Act (IA Act) replaces the former Canadian Environmental Assessment Act (CEAA 2012); the Canadian Energy Regulator Act (CER Act) replaces the former National Energy Board Act (NEB Act); Bill C-69 amended the Navigation Protection Act and renamed it as  the Canadian Navigable Waters Act (CNWA); Bill C-68 amended the Fisheries Act.
As such, a focus of activity for 2019-20 was engaging Canadians and Indigenous Peoples on proposed legislative, regulatory and policy reforms, and ensuring readiness for coming into force of the new legislation and a smooth transition to the new regime.
This work was supported by a temporary DM subcommittee, the DM steering Committee for Impact Assessment Implementation, which met from Fall 2018 until coming into force of the new system in late August 2019.The DM subcommittee met regularly to address issues related to the transition to and implementation of the new impact assessment and regulatory process.
With the coming into force of Bill C-69 and implementation of the Impact Assessment Act, the Impact Assessment Agency of Canada (IAAC) was created to lead all federal impact assessments and be the sole Crown consultation coordinator for federal projects assessed under the new impact assessment regulatory processes. This consolidated responsibilities that were formerly distributed across agencies and departments into a single place. IAAC is now responsible for leading a horizontal initiative - Funding for the Implementation of the new Impact Assessment and Regulatory Processes - that addresses the activities linked to the new impact assessment processes.
During 2019-20, at the time of transition to the new impact assessment processes, there were approximately 94 major resource projects in the assessment and regulatory system relevant to the MPMOI. The MPMOI continued to ensure there was effective coordination and concurrent discharge of statutory duties, functions and obligations related to the regulation of these projects.  

Contact information

Sebastien Labelle, Director General
Major Projects Management Office
Natural Resources Canada
580 Booth Street, 12th Floor
Ottawa, ON K1A0E4

Key Objective Area (KOA) 1: Environmental Assessment/Regulatory Review, Decision Making and Post-Approval Follow-Up and Compliance Monitoring (Scientific/Technical Expert Capacity; Proponent Support and System Integration; Policy and Reporting; Legal Services)Footnote 1

Note: Some of these resources reported under KOA #1 (related to the four business lines listed above) may also support KOA #2 (Indigenous consultation).

Table 1a: Horizontal Initiative Activities and Financial Information


Federal organization

Link to the department’s Program Inventory

Horizontal initiative activities

Total federal allocation (from start to end date) (dollars)

2019-20                  Planned spending (dollars)

2019-20 Actual spending (dollars)

IAAC

Environmental Assessment Delivery

Determining whether an EA is required, undertaking analysis of potential impacts of a designated project  on the environment and Indigenous rights and treaty rights, undertaking Indigenous consultations, preparing EA decision statements, and compliance and enforcement.

34,042,953

6,756,692

5,830,660

Environmental Assessment Policy

Supporting development of horizontal policies or procedures and developing and implementing ongoing improvements to the EA process for major projects.

3,562,295

712,459

258,705

DFO

Fish and Fish Habitat Protection Program (formerly Fisheries Protection Program)

Providing information or knowledge on fish, fish habitat, and aquatic species at risk in support of EAs, applying regulatory review and permitting processes under the Fisheries Act and Species at Risk Act, supporting development of horizontal policies and procedures and ensuring departmental implementation of ongoing improvements to the review process for major projects.

26,436,064

5,264,420

4,596,154

NRCan

Major Projects Management Office Initiative

Providing a single window for proponents and overarching management of major project reviews and providing horizontal leadership across the federal government to advance improvements to the major project review process.

19,068,524

3,932,642

3,853,628

TC

Environmental Stewardship of Transportation

Providing information or knowledge on transportation-related environmental impacts during the EA process.

6,920,099

1,384,020

1,286,020

Marine Safety (Navigation Protection Program)

Providing information or knowledge on impacts to navigable waters during the EA and regulatory permitting processes and developing and implementing ongoing improvements to the review process for major projects.

4,858,921

971,784

455,027

ECCC

Habitat Conservation and Protection

Providing expertise on wildlife and habitat during the EA and regulatory permitting processes.

2,442,362

488,472

489,478

Hydrological Services

Providing expertise on hydrologic, water quantity and hydraulic impacts during the EA process.

531,142

106,228

53,718

Environmental Assessment

Providing information or knowledge on environmental impacts during the EA process and developing and implementing ongoing improvements to the review process for major projects.

2,128,549

425,709

543,981

Climate Change Adaptation

Providing information or knowledge on hydrological and climate change impacts during the EA process.

531,142

106,228

95,432

 Substances and Waste Management

Providing information or knowledge on mining and processing during the EA and regulatory permitting processes.

2,545,149

509,029

501,285

Clean Growth and Climate Change

Substances and Waste Management
Air Quality

Providing support on climate modeling and GHG gas emissions during the EA process.

693,487

138,697

172,025

CIRNAC and ISC

Petroleum and Minerals (CIRNAC NAO)

Providing information or knowledge on land management and Indigenous title and consultation in the North during the EA process and developing and implementing ongoing improvements to the review process for major projects.

1,607,852

323,853

234,961

 

Strategic Partnerships (ISC LED)

Implementing ongoing improvements to the review process for major projects.

872,034

188,261

572,227

 

Land and Economic Development Services (ISC LED)

Providing information or knowledge on land management and Indigenous title and consultation during the EA process and developing and implementing ongoing improvements to the review process for major projects.

2,193,009

431,296

68,968

Total for all federal organizations

 

 

108,433,582

21,739,790

19,012,269

Table 1b: Performance information


Name of theme

2019--20                 Expected results

2019-20            Performance indicators

2019-20 Targets

Date to achieve target

2019-20 Actual results

Environmental Assessment/Regulatory Review, Decision Making and Post-Approval Follow-Up and Compliance Monitoring

1. Timely EA and regulatory decisions for major projects

1.a Percentage of major project EAs that meet legislated timelines (CEAA, NEB, CNSC reviews).

1.a 100% of major project EAs meet legislated timelines (CEAA, NEB, CNSC reviews).

Annual

1.a. 100% of EAs conducted by CEAA, NEB and CNSC adhered to legislated timelines.

 

1.b Percentage of major project regulatory permitting processes that meet their service standards or regulated timelines.

1.b  90% of major project EAs meet service standards; and 100% meet regulated timelines.

1.b. As of March 31, 2020, for major projects:

  • 100% of EAs met service standards and regulated timelines;
  • 100% of regulatory decision making  processes under the Fisheries Act met regulated timelines;
  • 100% of regulatory permitting under ECCC met regulated timelines; and,
  • 100% of permitting processes under the Explosives Act met regulated timelines.

 

2. Federal roles and responsibilities for major project reviews are clear and predictable

2. Percentage of major project reviews for which the MPMOI has set out clear and predictable federal roles and responsibilities.

2. MPMOI has set out clear and predictable federal roles and responsibilities for 100% of major project reviews.

2. As of coming into force of the new impact assessment and regulatory processes, the MPMOI had 94 projects under its management and oversight. All projects met the target. Results can be attributed in part, to projects receiving one-on-one guidance from the MPMO throughout all stages of the project review process.
Project issues were tracked on a regular basis and summaries of project issues were regularly shared with MPMO DM and ADM Committee members for their discussion and resolution.

 

3. Improved performance of the federal review process for major resource projects in support of sustainable resource development in Canada, and regulatory decisions that hold the confidence of Canadians.

3. Percentage of resource development project decisions on target as per timelines.

3. 100% of major resource projects EA and regulatory decisions involving multiple federal departments/agencies are completed within the legislated timelines.

3. 100% of major resource projects EA and regulatory decisions involving multiple federal departments/agencies adhered to legislated timelines.
Projects with EA decisions in 2019-20 include:

  • Trans Mountain Expansion Project
  • Newfoundland Orphan Basin Exploration Drilling Project
  • Eastern Newfoundland Offshore Exploration Drilling Project
  • Jeanne D'Arc Basin Exploration Drilling Project
  • Goliath Gold Mine
  • Blackwater Gold Project
  • Flemish Pass Exploration Drilling

 

4. Integrated and robust advice supports improvements to the major project review process

4. MPMO DMs are satisfied or very satisfied with how advice is advanced on horizontal issues.

4. 70% of MPMO DMs are satisfied or very satisfied with how advice is advanced on horizontal issues.

4. An evaluation of the Major Projects Management Office Initiative (MPMOI) conducted in 2018-19 found evidence that the Initiative, and the Major Projects Management Office in particular, have contributed to horizontal and system-level policy coordination amongst federal departments. Interviews conducted as part of the evaluation process with MPMO DMs highlighted whole of government coordination as a strength.

 

5. High quality EAs

5.1 Proportion of relevant federal departments providing information/knowledge/advice to CEAA for standard EAs.

5.1 100% of relevant federal departments provide information/ knowledge/advice to CEAA for standard EAs.

5.1 In accordance with section 20 of the Canadian Environmental Assessment Act, 2012, federal departments must make available to the Agency expert knowledge and information. During the 2019-20 fiscal year, 100% of federal departments provided information and knowledge into the environmental assessment process as required.

 

5.2 Proportion of relevant federal departments participating in CEAA Review Panel/NEB/CNSC public hearings.

5.2 100% of relevant federal departments participate in CEAA Review Panel/NEB/CNSC public hearings.

5.2. During the 2019-20 fiscal year, 100% of relevant federal departments participated in CEAA Review Panel/NEB/CNSC Public Hearings. Review panel public hearings were held for the following projects:

  • Roberts Bank Terminal 2 project
  • Milton Logistics Hub

 

5.3 Percentage of projects undergoing follow-up and monitoring for which CEAA received a report during the reporting period that indicated that the mitigation measures set out in the EA decision statement would effectively address the environmental effects of the project.

5.3 90% of projects undergoing follow-up and monitoring for which CEAA received a report during the reporting period that indicated that the mitigation measures set out in the EA decision statement would effectively address the environmental effects of the project.

5.3.  100% of projects undergoing follow-up and monitoring for which CEAA received a report during the reporting period indicated that the mitigation measures set out in the EA decision statement effectively address the environmental effects of the project.

 

5.4 Percentage of projects where adaptive management measures undertaken by the proponent and reported to CEAA led to effectively addressing the environmental effects of the project.

5.4 90% of projects where adaptive management measures undertaken by the proponent and reported to CEAA led to effectively addressing the environmental effects of the project.

5.4 Adaptive management measures effectively address environmental concerns for 100 % projects.

 

 

 

 

 

Key Objective Area (KOA) 2: Indigenous ConsultationFootnote 2

Table 2a- Horizontal Initiative Activities and Financial Information

Federal organizations

Link to department’s Program Inventory

Horizontal Initiative activities

Total federal allocation (from start to end date) (dollars)

2019-20                  Planned spending (dollars)

2019-20 Actual spending (dollars)

DFO

Fisheries and Fish Habitat Protection Program (formerly Fisheries Protection Program)

Supporting consultations during EAs and undertaking consultations in relation to regulatory decisions under the Fisheries Act and Species at Risk Act to meet duty to consult obligations.

6,558,190

1,311,638

1,099,095

TC

Environmental Stewardship of Transportation

Supporting consultations during EAs to meet duty to consult obligations.

2,750,420

550,084

508,954

 

ECCC

Environmental Assessment

Supporting consultations during EAs and undertaking consultations in relation to regulatory decisions under the Fisheries Act, the Migratory Birds Convention Act, the Species at Risk Act and the International River Improvements Act to meet duty to consult obligations.

2,463,524

492,708

264,364

CIRNAC and ISC

1.2.3  Consultation and Accommodation (CIRNAC Implementation Sector)

Providing early engagement and developing partnerships in the project development stage and prior to a major project reviews, and analyzing economic development opportunities respecting major projects

1,462,443

297,682

297,682

 

 

Providing information, analysis, training and guidance on issues to facilitate a whole-of-government approach to consultations

1,257,368

254,847

226,131

 

4.3.1 Petroleum and Minerals
(CIRNAC NAO)

Providing early engagement and developing partnerships in the project development stage and prior to a major project reviews, and analyzing economic development opportunities respecting major projects

921,294

185,375

209,742

Total for all federal organizations

 

 

15,413,239

3,092,334

2,605,968

Table 2b: Performance Information

Name of theme

2019-20 Expected results

2019-20
Performance indicators

2019-20 Targets

Date to achieve target

2019-20 Actual results

Indigenous Consultation

1. Indigenous consultation activities for major projects are fulfilled in a consistent, adequate and meaningful manner, and meet the Crown's legal duty to consult.

1.1 Percentage of major project reviews that have an Aboriginal consultation work plan

1.1 100% of major project reviews with a Crown consultation component that have an Indigenous consultation work plan.

Annual

1.1. During 2019-20, 7 major projects entered the regulatory permitting phase of the project review process (see list below). 100% of these projects had an Indigenous consultation plan.

  • Trans Mountain Expansion Project
  • Newfoundland Orphan Basin Exploration Drilling Project
  • Eastern Newfoundland Offshore Exploration Drilling Project
  • Jeanne D'Arc Basin Exploration Drilling Project
  • Goliath Gold Mine
  • Blackwater Gold Project
  • Flemish Pass Exploration Drilling

 

 

1.2 Percentage of major project reviews for which DOJ, when requested, assesses the legal risk arising as a result of federal consultation efforts as low to medium.

1.2 100% of major project reviews for which DOJ, when requested, assesses the legal risk arising as a result of federal consultation efforts as low to medium.

1.2. 1 of the 7 projects that entered the regulatory permitting phase of the project review process in 2019-20 had a legal risk assessment conducted. Of these, 100% had a legal risk assessment of low to medium.

 

 

 

1.3 Percentage of legal challenges to major project reviews (including Aboriginal consultation) where the Crown is not successful.

1.3 Decreasing trend of legal challenges to major project reviews (including Indigenous consultation) where the Crown is not successful

1.3. There was 1 legal challenges for the 7 projects that entered the regulatory permitting phase process in 2019-20. The Crown was not successful in defending this challenge. .

 

 

Internal Services (IS)


Federal Organization

Total Allocation (from start to end date) (dollars)

2019-20 Planned spending (dollars)

2019-20 Actual spending (dollars)

IAAC

2,989,207

530,849

319,970

DFO

2,005,746

423,942

423,942

NRCan

1,337,021

267,358

267,358

TC

2,970,560

594,112

594,112

ECCC

1,164,645

232,929

232,929

CIRNAC and ISC

686,000

118,686

118,686

Total for all federal organizations

11,153,179

2,167,876

1,956,997

Total MPMOI Spending (Theme 1, Theme 2, and IS)


Federal Organization

Total Allocation (from start to end date) (dollars)

2019-20 Planned spending (dollars)

2019-20 Actual spending (dollars)

IAAC

40,594,455

8,000,000

6,409,336

DFO

35,000,000

7,000,000

6,119,191

NRCan

20,405,545

4,200,000

4,120,986

TC

17,500,000

3,500,000

2,844,113

ECCC

12,500,000

2,500,000

2,353,212

CIRNAC and ISC

9,000,000

1,800,000

1,728,397

Total for all federal organizations

135,000,000

27,000,000

23,575,234

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