Backgrounder - Action Plan To Improve Northern Regulatory Regimes

Canada's North has seen a surge of economic activity in recent years as the world turns its attention to the region's abundant supplies of minerals, metals, oil and gas. This opportunity has the potential to generate unprecedented economic and social benefits for Northerners, Aboriginal peoples and all Canadians. At the same time, increased economic development will cause new pressures on the region's ecosystems and traditional lifestyles. 

In some Territories, the evolving regulatory regimes are currently incomplete or need adjustment. Differences between and within Northern jurisdictions with responsibility for resource development often translates into regulatory processes that are confusing and counterproductive. Currently, the regulatory processes are complex, costly, unpredictable and time consuming.

This has become a barrier to economic investment in the North and economic growth for Canada. The Government of Canada recognizes that North's regulatory regimes must be more effective, predictable and provide greater certainty.

Canadians – especially Northerners and Aboriginal peoples – have made it clear they expect their government to respect existing land claims, and to strike the right balance between maximizing economic opportunities and protecting the environment.

Key Elements of the Action Plan

The Action Plan will complete and strengthen current regulatory regimes in the North and will focus on three elements that will:

• Provide more efficient and effective processes;
• Enhance environmental stewardship; and
• Reflect a strong Aboriginal voice.

This Action Plan builds on the Government of Canada's efforts to create a strong and prosperous North that realizes its resource potential while safeguarding the environmental health and heritage of the region. It is a key step forward in implementing the Northern Strategy announced in 2009.

Through this year's Jobs and Growth Budget, the Government has committed $11 million over two years to streamline the regulatory regimes in the North and $8 million over two years to support community-based environmental monitoring.

Efficient and Effective Processes

Streamlining the regulatory regimes and removing barriers to investment will support economic growth and provide opportunities for Northerners. Changes to regulatory regimes will be made in consultation with the North's leaders to determine how best to modernize the legislation while, at the same time, respecting the comprehensive land claims agreements.  In the NWT, the Minister has appointed a Chief Federal Negotiator to lead consultations and negotiations on structural changes to the Land and Water Boards as part of the work to amend the Mackenzie Valley Resource  Management Act, Northwest Territories Waters Act and Territorial Lands Act.

The proposed legislation actions under the Plan are:

Northwest Territories

• Amend the Mackenzie Valley Resource Management Act
• Modernize the Northwest Territories Waters Act and Territorial Lands Act
• Develop surface rights legislation for the NWT

Nunavut

• Finalize the proposed Nunavut Planning and Project Assessment Act

Yukon

• Conduct a tripartite review of the Yukon Environmental and Socio-Economic Assessment Act. Legislative amendments to the Act may be required, pending the outcomes of the review

Enhancement of Environmental Stewardship

In order to strengthen Canada's environmental stewardship, the Action Plan will enhance community-based environmental monitoring programs currently in place across the North. Effective monitoring programs will lead to sound economic development decisions benefitting Northerners, proponents and regulators alike. To achieve this goal, the Government of Canada will invest in the Northwest Territories Cumulative Impact Monitoring Program and the Nunavut General Monitoring Program.

A Strong Voice for Aboriginal Northerners

The Government of Canada has built a solid foundation of strong relationships with Aboriginal people in the North, based on the negotiation and implementation of comprehensive land claims. The Government will continue to consult and work in partnership with Aboriginal people and Northerners to make the needed improvements to the regulatory regimes and secure economic prosperity for Aboriginals and Northerners.

Land claims agreements throughout the North define the modern relationship between the Crown and Aboriginal peoples. This has resulted in a shared approach to the management of natural resources and the integration of meaningful Aboriginal consultation including input into land use planning, regulatory decisions, and various regulatory processes such as environmental assessment.

Changes to the current legislative framework and regulatory processes, including Land and Water Board restructuring in the NWT, will take place while respecting comprehensive land claims agreements and the Crown's duty to consult Aboriginal peoples where appropriate.