Summary of the Evaluation of the Indigenous Advisory and Monitoring Committees
Profile of the Indigenous Advisory and Monitoring Committees (IAMCs)
In 2016, the Government of Canada first announced the approval of both the Trans Mountain Expansion (TMX) project (twinning the existing Trans Mountain pipeline and expanding the Westridge Marine Terminal) and the Line 3 (L3) Replacement project (replacing the existing pipeline with a new pipeline built to modern specifications). Accompanying these announcements, the Minister of Natural Resources committed to greater Indigenous participation in the oversight of these energy projects, beginning with the establishment and co-development of an Indigenous Advisory and Monitoring Committee (IAMC) for each.
The two resulting IAMCs are unique and innovative joint Indigenous and government advisory bodies. While each IAMC is separate and distinct, they both include an Indigenous and Federal Government Co-Chair. Indigenous membership of the IAMCs is drawn from the list of First Nations and Métis Nation potentially impacted by each project. Natural Resources Canada (NRCan) co-chairs both IAMCs and acts as a Secretariat to support their operations, including administration of the IAMCs’ contribution funding programs. The Canada Energy Regulator (CER) is actively engaged in both IAMCs, including supporting the delivery of the IAMCs’ Indigenous Monitoring programs. Technical and scientific support is provided by NRCan, CER and, specific to IAMC-TMX, other federal departments involved in the major project (i.e., Fisheries and Oceans Canada [DFO], Canadian Coast Guard [CCG], Transport Canada [TC], and Environment and Climate Change Canada [ECCC]).
Critical to the establishment of the IAMCs was that Indigenous participation is without prejudice meaning that participation in the IAMCs by Indigenous members was not to be construed as either supporting or opposing these energy projects nor does it change the Government of Canada’s duty to consult.
The federal government has made a commitment to implement the IAMCs over the life cycle of the related energy projects. In 2016, the federal government allocated a total of $90.9 million (M) to support the two IAMCs over a six-year period, from 2016-17 to 2021-22. While beyond the scope of this evaluation, Budget 2022 allocated an additional $27.9M to NRCan to support the IAMCs over two years (2022-23 to 2023-24).
About the Evaluation
Led by NRCan’s Audit and Evaluation Branch (AEB), this evaluation used a participatory evaluation model which engaged key partners and stakeholders in the co-design and conduct of the evaluation. The evaluation was conducted by Innovation 7 (i7, an Indigenous-owned consulting firm specializing in program evaluation), guided by a Horizontal Working Group (HWG) composed of seven federal representatives and eight Indigenous Caucus representatives (all current or past members of the IAMCs). In addition to the HWG, the evaluators presented updates to a Horizontal Evaluation Working Group composed of evaluation staff in federal partner departments (i.e., NRCan, CER, DFO/CCG, TC, and ECCC).
Conducted in accordance with the TB Policy on Results, this evaluation responds to a commitment to the Treasury Board and adheres to section 42.1 of the Financial Administration Act. The evaluation covers the period from 2016-17 to 2020-21. The evaluation methods included a document and file review, close to 50 key informant interviews, 12 case studies and four IAMC-TMX regional engagement sessions. Data to inform findings was mostly collected between September 2021 and May 2022. As a result, the scope of the evaluation excludes consideration of more recent events and decisions with an implication on the design and delivery of the IAMCs (e.g., UN Declaration Action Plan released in June 2023).
The evaluation framework was based on the original funding approvals and the related logic model for the IAMCs initiative, with consideration for additional priority and outcome areas as identified by the HWG. Key evaluation questions were related to relevance and continued need, effectiveness, efficiency, and economy.
What the Evaluation Found
Building trust-based, respectful relationships through an appreciation of differing world views and a process of co-development is critical to the success of the IAMCs. Likewise, co-developed with participation from the Indigenous and Federal Caucuses of the IAMCs, this evaluation sought to balance and present the story of the establishment and implementation of the IAMCs as seen through these two very different world views and experiences.
Relevance
The evaluation found that the IAMCs are seen as an important step towards the achievement of the Government of Canada’s commitment to Reconciliation and are aligned with the United Nations (UN) Declaration on the Rights of Indigenous Peoples. They help support the federal government’s commitment to improve how potentially impacted Indigenous communities and Nations are involved in reviewing and monitoring major resource development projects.
There is a continued and ongoing need for the IAMCs given the federal government’s commitment to implement the IAMCs over the life cycle of these energy projects. While approved in 2016, an extensive co-development process meant that the IAMCs were not fully operational until 2017. Additionally, the COVID-19 pandemic slowed the progress of the IAMCs towards achievement of expected results. Evidence indicates that both IAMCs are needed to continue to build capacity of potentially impacted Nations and communities. It takes time to support co-development and build positive, trust-based relationships. This reality needs to be reflected in the timelines when establishing similar committees in the future.
While the IAMCs remain relevant, there is room for adjustment and improvement in their design. However, there are differing visions on how the IAMCs need to evolve. Whereas some Federal Caucus members see the IAMC continuing to be implemented as outlined in the co-developed Terms of Reference (TORs) – at least until a new vision is jointly developed and endorsed – there is a desire among Indigenous Caucus members of both Committees for greater delegation of decision-making to the IAMCs and for a new power dynamic that reflects joint decision-making and sharing of authorities.
Departments are using a number of performance measures and indicators to track progress under the IAMCs, but these are focused on outputs (not outcomes) and results are not shared with the IAMCs. The IAMC logic model was not co-developed and was seen as needing to be updated to more accurately reflect the outcomes expected by potentially impacted Nations and communities.
Effectiveness
The goal of both IAMCs is to bring together Indigenous and federal leaders to provide advice to regulators and to monitor the respective energy projects, including increased Indigenous involvement in federal monitoring and oversight. The IAMCs were expected to form the basis of a new relationship between Indigenous peoples and the Government of Canada with respect to these energy projects.
The evaluation found that the IAMCs have effectively advocated for and advanced Indigenous concerns to the forefront of regulatory oversight of these large energy projects. They are viewed by the majority of both federal and Indigenous respondents as a significant improvement over how, historically, Indigenous peoples were consulted and engaged regarding large projects that impact their lands. Those interviewed identified how the IAMCs have led to changes in how the regulators work with impacted Nations and communities to improve the regulatory review process and oversight of these projects. As a result of the IAMCs, participating Indigenous leaders have increased comfort and confidence in the regulatory process. The creation of distinct Indigenous Monitoring programs is viewed as an essential component of the IAMCs as it has built capacity of potentially impacted communities to have their people on the ground monitoring the project and reporting back to community leaders and IAMC representatives. However, challenges exist in relation to the sustainability of these programs, including initial and continuous training and retention of Indigenous Monitors.
A commitment to co-development and senior level engagement underscored the establishment of the IAMCs and was critical to building trust-based relationships. The work of both committees has also led to stronger partnerships among the IAMCs, CER, NRCan, and the other regulatory departments. However, most members of the IAMCs’ Indigenous Caucuses are hesitant to presume that the increase in meaningful engagement realized to date by the IAMCs will continue for the life of the project based on what is seen as declining senior level engagement and the lack of long-term funding. Slower than expected implementation and the COVID-19 pandemic have limited the expansion to date of these partnerships at the community level.
The IAMCs are viewed to be an effective mechanism to support Indigenous engagement and the provision of advice and recommendations to federal regulatory bodies and decision-makers. The Indigenous Caucuses for both IAMCs have provided extensive advice and recommendations to the federal government, but they perceive the government responses received to have been too slow, with a negative impact on the trust-based relationships. The IAMCs’ TORs are unclear as to who has authority to make recommendations to government and how consensus is defined from the perspective of the IAMCs which may contribute to the delays in formulating formal responses from federal departments.
Regardless, Indigenous Caucus members and some federal leaders indicated that the IAMCs were effective in helping to address Indigenous concerns and have helped the projects progress at a pace faster than what would have been without the IAMCs. There is also some evidence that the IAMCs are helping to drive broader systemic change, including organizational change within the CER and consideration of expansion of the Indigenous Monitoring programs to other energy projects.
Efficiency and Economy of the IAMCs
The IAMCs are generally viewed as having the right composition and structure. There is evidence that processes and tools have been developed to support the IAMCs and that IAMC contribution agreements also supported projects designed to increase Indigenous access to information, tools and/or other resources regarding energy infrastructure development. However, more is required. To increase mutual understanding, Indigenous Caucus members may benefit from introductory training on the machinery of government while federal representatives may benefit from training in line with Call to Action #57 of the Truth and Reconciliation Commission and in understanding the impacts of inter-generational trauma.
In addition, the majority of those interviewed for this evaluation noted that the IAMC Secretariat is not operating optimally. It has experienced a high level of turnover, including staff in the Grants & Contributions (G&Cs) unit (responsible for close to 75% of NRCan’s planned expenditures). Use of temporary staffing measures and a lack of forward planning that allocates resources (money and staff) to priorities may limit the ability of the Secretariat to fully support the expectations of the IAMCs’ Indigenous Caucuses. Given these challenges, the IAMC-TMX Indigenous Caucus would like the Secretariat positioned structurally outside of government, reporting directly to the Indigenous Caucus. Indigenous Caucus members of the IAMC-Line 3 also support a separate Secretariat, but not necessarily outside of government. There is also a desire among Indigenous Caucus members – particularly from the IAMC-TMX – for stronger governance processes and practices, knowledge management of IAMC documents, and delegations of authorities and decision-making. Deficiencies in this area may have led to inefficiencies caused by decisions being revisited when there are changes in leadership.
Over the first five years of operation (2016-17 to 2020-21), the federal government underspent on the IAMCs by approximately $7M. This is largely attributed to delays in establishing the Committees, COVID-19, and various factors contributing to a slower than expected distribution of G&Cs (e.g., awareness or capacity of communities to apply for funds, administrative barriers, etc.). The IAMCs were granted flexibility to reprofile unspent funds to future fiscal years. While related results are outside the temporal scope of this evaluation, financial data indicates that in 2021-22, actual spending by both NRCan and CER exceeded planned expenditures.
The current lack of long-term funding for the IAMCs was found to limit the ability of the Committees to make more strategic investments and is perceived by Indigenous Caucus members to be undermining trust in the federal government’s continued commitment to support the Committees. While recent changes have been made, Indigenous Caucus members of the IAMC-TMX also perceived that the administration of the G&Cs continues to be inefficient and paternalistic, and not reflective of commitments to Reconciliation and self-determination.
Recommendations
The following provides a summary of the evaluation’s recommendations. Full text of each recommendation is found in Appendix A.
- Undertake strategic discussions to seek agreement on the vision for the IAMCs going forward, including areas for shared decision making and future co-development.
- Continue to evolve and develop more sustainable Indigenous Monitoring programs for the IAMCs, ensuring consistency in pay, continued investment in skills development, and managing the expectations of Indigenous Monitors as to the sustainability of these positions.
- In the spirit of a commitment to the life of the project, it is recommended that each IAMC develop a long-term strategic plan which identifies its vision, ultimate outcomes, and strategic priorities focused on the longer-term nature of these projects.
- Initiate discussions regarding longer term funding arrangements such as the establishment of the IAMCs as an ongoing initiative with permanent funding or longer term (e.g., 10-year) contribution funding.
- Develop a shared definition for “consensus” in relation to advice and recommendations to government and the conditions for the government’s responses, as well as a formal process to support the intake and tracking of IAMC advice and recommendations to government.
- Conduct a governance review to identify and prioritize IAMC governance policies, procedures and practices that require strengthening and develop a plan to address any gaps. Further, it should ensure that all information related to the IAMCs’ operations are located on an accessible and shared drive and Committees are provided with regular financial updates.
- Ensure the Indigenous Caucuses are effectively resourced to undertake in-person and virtual engagement with members of the potentially impacted Nations and communities.
- Determine where the IAMC Secretariat should be placed to ensure effective operations and results achievement. Should the decision be made to continue with the Secretariat housed within government, develop a staffing plan for the Secretariat (including the G&Cs unit) with the required positions, levels, competencies and skills to support each IAMC.
- Review from an Indigenous lens, co-develop and reframe the IAMC logic model as required. This review should seek agreement on the IAMCs’ expected outputs and outcomes, key performance indicators and timing for data collection to inform ongoing monitoring and evaluation, and future evaluation framework.
- Monitor and report on the economic benefits that are realized by potentially impacted Indigenous Nations and communities from these large energy projects.
Management Response and Action Plan
A Message from the Chairs of the Indigenous Caucus, IAMC-TMX and IAMC-Line 3
“We have to prepare ourselves for a lifetime of protecting.”
John Etzel, TSAWOUT First Nation
Elders Panel, IAMC-TMX Line-Wide Gathering, November 7, 2023
We are pleased to provide comments for the Management Response and Action Plan (MRAP) to the Evaluation for the IAMCs on major projects. Although the IAMCs focus on condition compliance for different projects, and involve different regulators, the framework of federal laws, regulations and policies that govern oversight of project construction and operation are common to both – in fact, all – projects involving federal regulation.
Scholar John Gaventa, in his writing on “Finding the Spaces for Change: A Power Analysis”, speaks to three types of spaces: closed, invited, and created. For Indigenous peoples, regulatory oversight of major projects occurs primarily in closed spaces: there is little to no active participation by Indigenous people. Occasionally, we see invited spaces: Indigenous people may participate, but only by invitation of Crown decision-makers. In invited spaces, Indigenous peoples are given limited or no opportunity to co-design or shape the space in which participation happens. Despite best intentions, the IAMCs largely function as invited spaces, because change in regulatory frameworks only happens according to federal priorities and timelines.
Both of our respective Caucuses have continuously made clear the desire to build created spaces: where Indigenous led decision-making takes place in spaces created by Indigenous peoples. This goal is articulated throughout the Evaluation Report.
Our MRAP response is we need to do more, be more and be better in building created spaces for Indigenous expertise and excellence in oversight of major projects. This is the mandate we have from communities across the pipeline and marine shipping routes impacted by the TMX and Line 3 projects. We have repeatedly heard from communities that they do not have trust in oversight of major projects unless Indigenous peoples are involved, every step of the way.
A regulatory system is weak if it does not inspire trust. We will continue working with federal regulators to identify gaps in regulatory systems, where Indigenous regulatory authorities could complement or provide alternatives to existing federal frameworks. We look forward to the work ahead.
Raymond Cardinal
Chair, Indigenous Caucus
Indigenous Advisory and Monitoring Committee on Trans Mountain
Richard Aisaican
Chair, Indigenous Caucus
Indigenous Advisory and Monitoring Committee on Line 3
The following provides a summary of the management actions planned in response to the evaluation’s recommendations. Full text of each management action is found in Appendix A.
Text version
The figure provides a summary of the management actions planned in response to the evaluation’s recommendations, presented against different milestones. This information is as presented in the following table.
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Completed: 2022-23 |
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Planned or Completed: 2023-24 |
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2024-25 |
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Target Completion of MRAP |
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Recommendation 1: It is recommended that each IAMC, led by the co-chairs, undertake strategic discussions to seek agreement on the vision for the IAMCs going forward, including areas for shared decision making and future co-development. This vision should drive discussions on the most appropriate model for each IAMC, including the expected participation and senior level commitment from each participating federal department, and changes should be reflected in the TOR as required. | Management agrees. The development of the future vision of Line 3 and TMX IAMCs is underway. Discussions will continue, including regular engagement and outreach events with leadership from impacted nations. The action plan in response to Recommendation 1 is as outlined below. Target Completion: November 2024 (target date to validate the vision with Communities at Line Wide Gatherings) |
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Recommendation 2: It is recommended that CER, in conjunction with the IAMCs, continue to evolve and develop more sustainable Indigenous Monitoring programs for the IAMCs, ensuring consistency in pay, continued investment in skills development, and managing the expectations of IMs as to the sustainability of these positions. | Management agrees with the recommendation to evolve and co-develop the IM profession. It is essential that the development of Indigenous Monitoring as a profession remain within the purview of Indigenous Subject Matter Experts. The CER aims to collaborate effectively by cultivating and sustaining relationships and providing long-term opportunities for Indigenous Monitors. Furthermore, the CER supports the IAMCs in establishing parallel relationships with other government departments to expand the scope of Indigenous Monitoring. The action plan in response to Recommendation 2 is as outlined below. Target Completion: March 2025 |
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Recommendation 3: It is recommended that the IAMCs and federal government develop a shared definition for “consensus” in relation to advice and recommendations to government and the conditions for the government’s responses, as well as a formal process to support the intake and tracking of IAMC advice and recommendations to government (e.g., acknowledging receipt of advice/recommendations; clarifying areas where the IAMCs can provide advice/recommendations; a commitment to the timelines for the government to respond to IAMCs’ advice/recommendations once received; and finally tracking of response back to the IAMCs). | Management agrees. As part of strategic plan development (recommendation #4), both L3 and TMX IAMCs will articulate the long-term strategy, which will help guide the advice. This will include actions in response to Recommendation 3 as outlined below. Target Completion: November 2024 (target date to validate with Communities at Line Wide Gatherings) |
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Recommendation 4: In the spirit of a commitment to the life of the project, it is recommended that each IAMC develop a long-term strategic plan which identifies its vision, ultimate outcomes, and strategic priorities focused on the longer-term nature of these projects. These long-term strategic plans should each be supported by a five-year investment plan and annual work plans that identify priorities, commitments and expected outcomes based on approved funding levels, as well as the allocation of resources to deliver on the annual plans. | Management agrees. In response to Recommendation 4, both the TMX and Line 3 IAMCs are having long-term strategic planning discussions as part of planning for work over the next five years. The action plan in response to Recommendation 4 is as outlined below. Target Completion: November 2024 (target date to validate with Communities at Line Wide Gatherings) |
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Recommendation 5: It is recommended that NRCan initiate discussions regarding longer term funding arrangements such as the establishment of the IAMCs as an ongoing initiative with permanent funding or longer term (e.g., 10-year) contribution funding. Alternative funding arrangements would be required should a decision be made to move the IAMC Secretariat to an external, Indigenous led body. | Management agrees. Impacted Nations have expressed their long-term goal of establishing a financially independent Indigenous Energy Regulator, supported by implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA). Governance discussions will inform measures to be written into IAMC Terms and Conditions for Grants and Contributions in the future. Exploratory steps in response to Recommendation 5 are as outlined below. Target Completion: June 2024 |
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Recommendation 6: It is recommended that NRCan, in collaboration with the IAMCs, conduct a governance review to identify and prioritize IAMC governance policies, procedures and practices that require strengthening and develop a plan to address any gaps. Further, it should ensure that all information related to the IAMCs’ operations are located on an accessible and shared drive and Committees are provided with regular financial updates. The latter would require all participating departments to consistently track and report at least annually on their IAMC spending, progress on results and barriers to results achievement. | Management agrees. In response to recommendation 6, both Line 3 and TMX IAMCs will complete a review of Committee and Subcommittee governance policies, procedures, and practices, identifying strengths and opportunities for improvement, and making updates to IAMC policies, procedures, Terms of Reference, Program Terms & Conditions, and other measures as needed to better align with priorities. | Leads:
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Government funding decisions expected in April 2024 will inform governance discussions. Target Completion: March 2027 |
Recommendation 7: The IAMCs’ purpose, work, and funding opportunities need to be more effectively communicated to potentially impacted Nations and communities. Therefore, NRCan should ensure the Indigenous Caucuses are effectively resourced to undertake in-person and virtual engagement with members of the potentially impacted Nations and communities. | Management agrees. In 2022, both IAMCs adopted a more responsive funding model that supports increased capacity for Indigenous Caucus staffing and outreach programs for Indigenous Caucus to have meaningful communication with potentially impacted communities. Strategic and adaptive use of social media and other technical tools will continue to be used to enhance the awareness of the IAMCs among impacted nations. The plans for both IAMCs to implement decisions in Budget 2024 will be co-developed. This will confirm costs, timeframe, and inform future planning decisions. | Leads:
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Recommendation 8: NRCan should undertake discussions with IAMC members to determine where the IAMC Secretariat should be placed to ensure effective operations and results achievement. Should the decision be made to continue with the Secretariat housed within government, it is recommended that NRCan, in discussion with IAMC members, develop a staffing plan for the Secretariat (including the G&Cs unit) with the required positions, levels, competencies and skills to support each IAMC. In staffing the Secretariat, preference should be given to Indigenous employees. Given the long-term nature of these Committees, NRCan should seek approval to staff the Secretariat using permanent staffing measures. | Management partly agrees. In response to Recommendation 8, NRCan will continue to develop effective Secretariat teams through the attraction, recruitment, retention, and development of staff for this unique work. Preference will be given to Indigenous employees. The IAMCs, as part of the overall governance review within long-term strategic planning for the IAMCs, will examine the implications and resources required for an externally placed Secretariat, with clear roles and responsibilities (see Recommendation #5). | Leads:
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Recommendation 9: It is recommended that NRCan, working with representatives of each IAMC, review from an Indigenous lens (e.g., Indigenous world views), co-develop and reframe the IAMC logic model as required. This review should seek agreement on the IAMCs’ expected outputs and outcomes, key performance indicators and timing for data collection to inform ongoing monitoring and evaluation, and future evaluation framework. | Management agrees. The action plan in response to Recommendation 9 is as outlined below. Target Completion: November 2025 (target date to validate the IAMC logic model with Communities at Line Wide Gatherings) |
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Recommendation 10: It is recommended that NRCan monitor and report on the economic benefits that are realized by potentially impacted Indigenous Nations and communities from these large energy projects. | Management partially agrees. Financial reporting that is meaningful and accessible is what nations are asking for, however, total economic benefits that are realised by potentially impacted Indigenous Nations are often included in confidential agreements between the proponent and the Nation. It may be possible to compel proponents to share the number of agreements, but this may not meet the expectations of potentially impacted nations. Management actions in response to Recommendation 10 are as outlined below. Target Completion: December 2025 following all departments finalizing and securing approval for implementations plans following Government funding decisions expected in 2024. |
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