Transferred land title, and sustainable use of lands and management of resources by First Nations, Inuit and Northerners
Comprises the following Program Activities (as per PAA):
| Financial Resources ($ millions) | Planned Spending | Total Authorities | Actual Spending |
|---|---|---|---|
| Certainty of Title and Access to Land and Resources | 106.1 | 99.0 | 27.1 |
| Responsible Federal Stewardship | 21.3 | 23.6 | 22.9 |
| First Nations Governance Over Land, Resources and the Environment | 67.2 | 90.3 | 87.9 |
| Northern Lands and Resources | 130.2 | 164.0 | 164.8 |
| Human Resources (Full-time Equivalents) | Planned | Actual | Difference |
|---|---|---|---|
| Certainty of Title and Access to Land and Resources | 77 | 48 | 29 |
| Responsible Federal Stewardship | 38 | 55.2 | 17.2 |
| First Nations Governance Over Land, Resources and the Environment | 157 | 230.8 | 73.8 |
| Northern Lands and Resources | 341 | 384.2 | 43.2 |
Note: As per Treasury Board Guidelines, the full-time equivalents shown here represent an estimate of resources devoted wholly to this Strategic Outcome plus a pro-rata share of Departmental Management and Administration (dollars and full-time equivalents) based on the department's actual spending. In some cases, this number may appear high due to the very nature of the department's business, that is, managing financial relationships with service delivery largely devolved to our partners.
This activity supports the conversion of land to reserve status (Additions to Reserve), promotes clarity of title through surveys and negotiated agreements in order to facilitate future land transactions, and supports the implementation of land transfers under Specific and Comprehensive Claims.
Deliverables and Time Lines – Expected Results and Outputs
Governance and sustainable use of lands, resources and environment by First Nations by implementing an effective Additions to Reserve (ATR) process with reasonable standards for all parties, while continuing to support the development of land and resources through the rapid handling of land transfer components of comprehensive, specific and other agreements.
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Extent to which clarity of title is achieved demonstrated by reduced number of challenges or disputes. | Reduced number of title challenges or disputes by March 31, 2006. | Clear land title for parties to comprehensive claims settlements was achieved both in relation to settlement lands, as well as broader settlement areas. In the case of settlement lands, title to more than 57,000 square kilometres of land was transferred to First Nation or Inuit parties in 2005–06. In 2005–06 greater clarity of title was also achieved in relation to more than 358,000 square kilometres of broader settlement area over which the parties reached agreement on the nature and extent of their respective rights and responsibilities. Resolution of comprehensive claims is a means of achieving clarity of title by obtaining certainty with respect to ownership, use and management of lands and resources through a negotiated settlement agreement. As a result, title-related disputes do not generally arise once settlements have been reached. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Area of First Nations and Inuit land base for which comprehensive claims settlements have been completed. | Transfer of land pursuant to agreements with Tlicho, Kwanlin Dun and Labrador Inuit Association by March 2006. | Pursuant to comprehensive claims settlements, a total of 57,336 square kilometres of land was transferred to First Nations and Inuit in 2005–06. This total included 39,000 square kilometres for Tlicho, 1,036 square kilometres for Kwanlin Dun, 15,800 square kilometres for Labrador Inuit Association, and 1,500 square kilometres for Carcross/Tagish. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Average time to finalize an ATR. | Decrease in average time to finalize an ATR. | Efforts in 2005–06 focused on developing the tracking systems and planning tools to improve efficiencies in the process and to measure the time taken to finalize an ATR. The vast majority of ATR activity occurs in Saskatchewan and Manitoba Regions. Saskatchewan Region currently has a planning system in place, and Manitoba Region began development in 2005–06 of a draft operational plan that is expected to be complete by December 2006. A new directive was also developed to increase the period of time for which environmental site assessments remain valid; this will significantly reduce the time required to convert land to reserve by reducing the need to update the assessments. Additional measures, including staff training, workshops with First Nations and municipalities, and more intensive planning with First Nations, were put in place in 2005–06 in a number of Regions. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Indicators will be developed based on the timeframe for each category of ATR. | Manual by March 31, 2006. | A First Nation ATR Planning Workbook was developed in 2005–06 as a guide for First Nations in completing an ATR. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| ATR tracking system. | System by March 31, 2006. | An initial system to track ATRs was established in 2005–06. Work is ongoing towards expanding the system and integrating it with other land management systems. Some Regions (Atlantic, Quebec, Ontario) have begun to populate an initial national ATR database established in 2005–06. Other Regions (Saskatchewan, Manitoba) will integrate their existing databases into the national system next year. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Differential benchmarks for each type of ATR. | Benchmarks by March 31, 2006. | In Manitoba Region, draft templates for benchmarks were developed to assist in project management with First Nations. The templates are to be finalized by late fall 2006. It is anticipated that national benchmarks will be developed when the national ATR tracking system is fully in place and the database is populated. |
Improvements to the ATR process were made, taking into account resources that were available. Better planning and the introduction of tools such as the First Nations ATR Planning Workbook, as well as continuing training and communication with stakeholders will assist over time in reducing timelines. The tracking system, when fully implemented, will enable the department to track its progress more clearly, to develop benchmarks, and to manage ATR proposals in a more timely manner.
This activity relates to the discharge of federal responsibilities to First Nations, including those under the Indian Act and the Indian Oil and Gas Act, and those requiring co-operation with and co-ordination by other government departments (e.g., Environment Canada). This activity also involves the remediation of contaminated sites on lands under federal jurisdiction, and the collection and management of Indian Moneys derived from land and resource activities.
Deliverables and Time Lines – Expected Results and Outputs
Governance and sustainable use of lands, resources and environment by First Nations by improving the legislative and regulatory framework, while effectively managing reserve lands, resources and revenues held in trust.
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Level of remediation activity and number of processes. | Increased level of remediation activities on contaminated sites over 2004–05 levels. | At this time, the level of expenditures in the areas of assessment and remediation is used as a proxy for the level of activity indicator and target for this expected result. In 2005–06, expenditure on assessment increased significantly, from $1.3M in 2004–05 to $5.0M in 2005–06. The level of expenditures for remediation of contaminated sites remained relatively constant at $9.7 M, compared to 2004–05 expenditures of $9.6M. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Reduction in Class 1 and Class 2 contaminated sites. | 10 percent decrease in Class 1 and Class 2 contaminated sites by March 31, 2006. | A reduction of 19.6% in liabilities of Class 1 and Class 2 contaminated sites was achieved by March 31, 2006. |
Note: The Canadian Council of Ministers of the Environment's (CCME) National Classification System for Contaminated Sites is a method for evaluating contaminated sites according to their current or potential adverse impact on human health and the environment.
A permanent classification is assigned to each site at the time it is assessed for contaminants.
Class 1 represents those sites for which action is required. Class 2 represents those sites for which action is likely required.
Other classes are Class 3 - Action May Be Required, and Class N - Action Not Likely Required.
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Extent of use of Specific Purpose Expenditure Trust (SPET). | Take-up of new provisions by March 31, 2006. | The SPET policy was developed as an optional capital moneys management policy, and made available to First Nations in May 2006. Since that time, a number of First Nations have expressed initial interest in SPET. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Implementation of the new SPET Policy. | SPET Policy finalized by April 30, 2005. | As noted above, the SPET Policy was finalized and made available to First Nations in May 2006. |
It is understood that an important goal is to ensure that INAC's responsibilities with respect to land and environmental management are being met. Continued implementation of the Environmental Stewardship Strategy, and assessment and remediation of contaminated sites on reserve, are means to this end.
By developing a flexible capital moneys framework, First Nations can strengthen governance and sustainability of their reserve lands by optimizing economic development opportunities through greater multi-year planning and accessibility to capital funds. The Specific Purpose Expenditure Trust will provide First Nations with greater flexibility to access and administer their own capital moneys by allowing private trusts to hold these funds, which can then be released to be spent for a specified community purpose.
Taken together, these accomplishments contribute to a modern land and environment management regime and to responsible federal stewardship. These initiatives aim to ensure that INAC's internal processes, as well as the management tools available to First Nations, yield decisions that are consistent with responsible stewardship principles.
Under this activity, the Department supports First Nations governance over land, resources and the environment, through legislative and regulatory development, implementation of sectoral governance initiatives such as those pursuant to the First Nations Land Management Act (FNLMA) and the First Nations Oil and Gas and Moneys Management Act (FNOGMMA), and the development of professional and institutional governance capacities.
Deliverables and Time Lines – Expected Results and Outputs
Governance and sustainable use of lands, resources and environment by First Nations by fostering strengthened land management competencies and professional skills in First Nations, supporting the development of sectoral institutions and professional associations, and working jointly to create and implement modern enabling legislation to allow First Nations to assume control over lands and resources under sector-specific arrangements.
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Number of First Nations interested in sectoral self-government. | More First Nations interested in sectoral self-government. | Significant interest was generated against two sectoral governance initiatives in 2005–06 – the First Nations Land Management Act (FNLMA) and the First Nations Oil and Gas and Moneys Management Act (FNOGMMA) Fifty-two First Nations are currently interested in joining the FNLMA. These are additional to the 45 current participating First Nations, of which 18 are operational and 27 are developmental. FNOGMMA came into effect on April 1, 2006. In 2005–06, INAC continued work with three pilot First Nation proponents (Blood, Siksika and White Bear), and they are anticipating community ratification in late 2006–07. The legislation provides for other First Nations to enter into FNOGMMA once the first three have membership ratification votes. Six other First Nations (Carry the Kettle, Sunchild, Alexander, Thunderchild, Onion Lake and Dene Tha) have expressed interest in opting into FNOGMMA. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Number of First Nations with trained personnel ready to manage a variety of land and environment authorities. | Up to 15 new First Nations by March 31, 2006. | Eighteen First Nations are now operational under FNLMA, up from sixteen in 2004–05. Activities undertaken to support transferring departmental authorities and responsibilities under FNOGMMA included:
|
| Number of First Nations developing their own land codes under FNLMA. | Up to 15 new First Nations by March 31, 2006. | Twenty-seven First Nations are in the process of developing their own land codes under FNLMA. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Number of First Nations that have successfully completed professional competency programs, such as the Reserve Land and Environment Management Program (RLEMP). | 50 First Nations operational and/or trained by March 2007. | By March 2007,16 First Nations will be operational and an additional 22 First Nations will have completed a portion of the training. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| First Nations participation in land and environment management programs and initiatives. | Complete design of training and development stage by March 31, 2005. Program roll-out by April 1, 2006. |
The training component of RLEMP was substantively completed in 2005–06. The pilot which began in 2005–06 will continue into 2006–07, with the expected official roll-out of the program by April 2007. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Number of First Nations-led initiatives under way. | Treasury Board Submission for authority by September 2005. | Treasury Board authorities were renewed in March 2005, and a strengthened management framework for Professional and Institutional Development was successfully implemented. These standardized processes helped strengthen First Nations and Inuit community governance through over 150 initiatives, in areas such as by-laws, elections, training, strategic plans, leadership and financial management. |
The coming into effect of the First Nations Oil and Gas and Moneys Management Act, the piloting of the new Reserve Land and Environmental Management Program and the expansion of First Nations under the First Nations Land Management Act allow participation of a growing number of First Nations in sectoral governance initiatives, and constitute significant milestones in INAC's ongoing efforts to put in place a full suite of sectoral options for First Nations governance over land, resources and the environment. Individual First Nations may choose to exercise these options at their discretion, when the time is right for them and according to their particular needs. The collaborative approach taken in the development of these options and the capacity development that they involve will ensure over time that more and more First Nations benefit from them.
Supports the sustainable development of the North's natural resources emphasizing improved environmental management and stewardship, including the clean-up of contaminated sites, expanding the knowledge base for sound decision-making and improving the effectiveness of the northern regulatory environment.
Deliverables and Time Lines – Expected Results and Outputs
Governance and sustainable use of lands, resources and environment by Northerners.
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Downward trend in Crown contingent and long-term liabilities. | Ongoing in 2005–08 with one major site fully remediated by 2008. | On-going work in the areas of site assessment and remediation are ensuring that risks to human health and the environment are managed effectively. Liability remains relatively stable at approximately $1 billion while sites are being assessed, however over the long-term liability will decrease as more sites reach active remediation. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Finalized project description for Giant Mine pending environmental assessment and licensing approvals. | 2005–06. | The Giant Mine Project Description was finalized by the Department and consultations are on-going pending regulatory review. |
| Finalized water licence and land use permit for Colomac Mine. | March 2005. | Completed |
| Site clean-up completed, confirmatory sampling completed, and long-term monitoring initiated at Resolution Island. | Site remediation completed 2005; demobilization of heavy equipment 2006; long-term monitoring (25 years) commences 2007–08. | Remediation at Resolution Island was completed and heavy equipment demobilization underway with long-term monitoring program initiated. Site clean-up for Resolution Island was completed at the end of the 2005 season. The Nunavut Regional Office is currently working on the demobilization of heavy equipment from the Island. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Completion of public consultations on the strategy. Implementation of the strategy on a site-by-site basis. |
Public consultations completed in 2004. Implementation of strategy to commence with the start of the 2005 clean-up season. |
The Nunavut Regional Office has completed a strategy and plan for the clean-up of high-risk, high-priority contaminated sites on Crown Land in Nunavut. The Regional Office also conducted a number of information and consultation sessions in several communities during the winter of 2005–06. A component of these consultations focussed on a discussion of proposed project plans and possible contracting opportunities for local residents and firms. Implementation of the strategy has commenced with one project completed and three others underway in the Baffin Island Region and additional projects planned for the coming years. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Demonstrated use of information, knowledge and tools by targeted community. | No environmental assessment reports or water licences modified or rejected. | Two environmental assessments were completed in the NWT. The assessments were for North American General Resources Corporation - Wool Bay Exploration Drilling, and Canadian Zinc Corporation - Prairie Creek Phase 2I Exploration Drilling. Both reports were modified. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Scientific information used in the assessment and regulatory review of northern energy development projects. | Annual reports for research projects completed at the end of fiscal years 2004–05, 2005–06 and 2006–07. | Research projects are underway in support of the environmental assessment and regulatory review of the MGP and oil and gas activities in the NWT. These include: pipeline stream crossings project; permafrost and terrain conditions across the treeline, Mackenzie Delta region; aerial photography of the Mackenzie Valley and Delta for the development of a digital elevation model; non-renewable resource assessments in support of the NWT Protected Areas Strategy; development of a cumulative effects database and regional Plans of Action; and regional geoscience studies and petroleum potential, Peel plateau and plain project in cooperation with Geological Survey of Canada. The Pipeline Readiness Office, NWT region supports community based research projects and headquarters provides coordination internally and across science departments. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Regular meetings are held, which INAC will continually attend. | Ongoing 2005–08. | Two meetings held to gain collaboration of industry in development of departmental initiatives focussing on improving northern regulatory regime. The Nunavut Regional Office co-chaired meetings of a Nunavut subcommittee of IGOC. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Expanded geoscience coverage. | Ongoing 2005–08. | In the NWT, 400,000 new acres were staked. This equals a minimum commitment $830K in exploration investment. In Nunavut, see aeromagnetic survey below. |
| Existing data compiled and digitized. | $2-million dollar aeromagnetic survey project in partnership with Natural Resources Canada, the Qikiqtaani Inuit Association and the Canada-Nunavut Geoscience Office, completed by spring 2005. | The aeromagnetic survey project in the South Baffin area was completed during the year. The Nunavut Regional Office digitized all geoscience assessment reports received through prospecting permits and provided access to these reports to the public through an on-line portal delivered in collaboration with the Canada Nunavut Geoscience Office. |
| Existing collaborative projects with partners enhanced. | Development of geoscience databases related to Geographic Information Systems, mineral assessment digitization and Landsat 7 data collection. Work will commence in 2005–06. | The Nunavut Regional Office continues to work in partnership with the Canada-Nunavut Geoscience office on a number of initiatives including the creation of a website portal. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Information on cumulative effects are being generated in a systematic manner. | Implementation of the Slave Geological Province Plan of Action for Cumulative Effects completed by 2007–08; development of the Nunavut General Monitoring Program under way. | The Nunavut Regional Office is continuing work with the Nunavut Planning Commission on the development of a Nunavut General Monitoring Program. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Updated national hydrometric agreement between Environment Canada and the Territories finalized. | March 2006. | Final draft of the agreement is awaiting provincial/ legal reviews. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Federal departments delivering initiatives in celebrating International Polar Year. | Strategy developed by spring 2006; initiatives commencing by early 2007. | Funding announced for Canada's participation in International Polar Year. A plan is in place for the science and research program, communications and outreach, training and capacity building, and other activities to support International Polar Year and its follow-up, from 2006–07 to 2011–12. The three regional offices are facilitating collaboration between the Nunavut IPY Node (the Nunavut Research Institute) and the IPY Secretariat for the implementation of IPY. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| All stakeholders understand the regulatory process and requirements; 75 percent are satisfied that the regulatory regime is fair and timely. | Stakeholder survey into understanding of and satisfaction with the regulatory regime by 2007. | The resource management regime has been improved through a number of initiatives such as development of reports on best practices for institutions of public government, board training needs assessment, and development of board orientation materials. A stakeholder survey to be conducted in the NWT only has not been undertaken to-date. INAC continued its regulatory review of the Frontier Lands Petroleum Royalty Regulations. The objective of the regulatory review is to ensure royalty accountability, assurance, and administrative efficiency prior to and during what is expected to be an exceptional period of growth in northern petroleum development. INAC, as part of its regulatory review, consulted with key stakeholders including Northern Aboriginal groups, territorial governments, and industry. Through the consultations, INAC strengthened its relationship with the three stakeholder groups, clarified the intent of the regulations, and received stakeholder comments on the proposed changes to the regulations. INAC will continue to involve stakeholders to ensure a balanced regulatory regime is maintained that takes into consideration the interests of all stakeholders. The Nunavut Regional Office is working with Territorial regulatory partners to streamline access to regulatory land use processes in the Territory. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Calls for nomination are conducted in the Beaufort Delta, Central MacKenzie Valley and Arctic Islands of Nunavut. | Ongoing 2005–08. | Calls for Nomination in all three areas were conducted with postings received for the Beaufort Sea-Mackenzie Delta and Central Mackenzie Valley areas. This was followed by Calls for Bids which closed in May 2006. A total of $70.7 million was received for the six parcels in the Central Mackenzie Valley while the two parcels in the Beaufort Sea-Mackenzie Delta were acquired by industry for $51.7 million. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Reviews of applications addressing regulatory and environmental requirements. | Throughout the 2005–06 period. | The overlap and duplication in departmental interventions was eliminated and the presentations to the ongoing review panel's work were coordinated. |
| Northerners (percent) participating in environmental assessment and regulatory processes. | Increased participation in selected processes over prior years. | The Nunavut Regional Office continued to lead federal participation in environmental assessment and regulatory processes in Nunavut. The Regional Office led Federal participation in two environmental assessments for major mining projects in 2005–06. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Submission of a water licence recommendation to the Minister of Indian Affairs and Northern Development by the Nunavut Water Board (NWB) and land leases to the Tahera Corporation by INAC (Jericho mine). | Water licence recommendation to be submitted to the Minister by NWB in early 2005. Land leases to be issued to Tahera in early 2005. | The mine was commissioned in early 2006 reaching target production in the second quarter. Nunavut's first diamond mine is expected to produce 500,000 carats per year over nine years. The Nunavut Regional Office issued land leases to Tahera for their Jericho diamond mine project and has worked closely with Tahera and the Nunavut Water Board to resolve all outstanding regulatory issues relating to the project's water license. Moreover, the Regional Office has coordinated the conduct of inspections of the mine site with the Water Board to help facilitate compliance with the project's water license. |
| Successful completion of scoping exercise and commencement of environmental assessment phase with the receipt of the Draft Environmental Impact Statement, to be submitted by the proponent (Bathurst Road and Port). | Commencement of mining operations in 2006–07. | The scoping exercise has been completed. The proponent has yet to submit its Draft Environmental Impact Statement. The project does not include a mining component. The project is currently on-hold. The Nunavut Regional Office continues to facilitate the refinement of a proposal for the Bathurst Road and Port Project. The proponent has not yet decided to proceed with environmental assessment for the project. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| New regulations approved. | Ongoing 2005–08. | The Nunavut Regional Office continued its work on developing Nunavut water regulations. |
| Indicators | Targets/Timing | Actual Results |
|---|---|---|
| Annual meeting of northern mines Ministers. | Ongoing 2005–08. | A Northern Mines Ministers conference was planned but was postponed due to conflicting Ministerial schedules. A new date has not been scheduled. |
| Regular meeting of the IGOC. | Ongoing 2005–08. | Two IGOC meetings were held in 2005–06. A collaborative approach was adopted with industry through IGOC for their involvement in department's regulatory review and improvement initiatives. The Nunavut Regional Office attended the annual meeting of the Northern Mines Ministers. The Nunavut Regional Office attended and co-chaired the Industry Government Overview Committee meetings. |
The Northern Contaminated Sites Program ensures that past environmental legacies are addressed in a manner that is supportive of the principles of sustainable development with socio-economic benefits accruing to our northern and Aboriginal stakeholders and continuous environmental improvements.
A strategic, comprehensive and collaborative approach to improving the regulatory system will result in a clear, timely, transparent and predictable regime, while ensuring that the impacts that will result from increased resource development in the territory are managed.
By increasing INAC's environmental and resource-based information, knowledge and tools, the Department is helping to ensure sound resource management decisions are made in a timely manner. The number and scale of project proposals in the north is steadily increasing. In order to respond, INAC has had to increase its capacity and expertise in these areas to facilitate the sustainable development of the North's natural resources.