Evaluation of the Northern Regulation, Resources and Environmental Management Programs - Follow-up Report Status Update as of June 30, 2013

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Action Plan Implementation Status Update Report to the Evaluation, Performance Measurement and Review Committee - As of June 30, 2013

Northern Affairs Organization

Evaluation of the Northern Regulation, Resources and Environmental Management Programs
Approval Date: 24/02/12
Project Recommendations Action Plan Expected Completion Date Program Response
1. NAO take the measure to streamline the assignment of security deposits to ensure that fair and sufficient amounts are arrived at, such as legislative change to update maximum deposits, clarification of land and water components of securities, and consultations leading to jointly set deposit amounts for projects on Aboriginal-owned land. A working group has been established to examine issues surrounding reclamation security. Q1 2013 Status: Ongoing

Update/Rationale as of 30/06/2013:

The Nunavut securities working group continues to meet regularly and has developed a draft securities management agreement. The NWT working group continues to meet and are drafting regional operating procedures.

AES: Underway (In progress)
While a working group has been established, in reference to the original expected completion date, the required exercise is still underway and some achieved results (e.g. development of a draft securities management agreement) have been identified.
2. NAO continue its commitment to supporting regulatory processes in the North to ensure that environmental risks continue to be identified, adequate inspections of project sites are conducted and procedures are in place to communicate inspection results including compliance information, such that regulators have the information they need to manage an effective and adaptive strategy for mitigating environmental risk. NAO will define the term "compliance" and establish clear policy and procedures on how the various levels of compliance are to be reported to the Land and Water Boards and in the public realm. March 31st, 2012 Status: Ongoing

Update/Rationale as of 30/06/2013:

The term "compliance" has not yet been defined. AANDC inspectors continue to communicate regularly with Boards in respect to inspection reports.

AES: Pending Implementation
While NAO continues its commitment to supporting regulatory processes, so far no concrete activities have been undertaken with respect to the term "compliance" and the original expected completion date has passed.
3. NAO take steps to ensure that its managers, and future evaluations, have access to sufficient information to assess the adequacy of site inspections and compliance with the terms of leases, land use permits and water licenses. Information is available but not all of it electronically. It is not housed centrally as the Regions and Boards all have roles in the process and hold their own information. The Region will develop options for improving access to the information from the various authorities. March 31st, 2012 Status: Ongoing

Update/Rationale as of 30/06/2013:

Information related to inspection reports, results and compliance with terms and conditions are available, but not all of it is in a central database.

AES: Pending Implementation
So far as it relates to the original expected completion date and noting that structures/processes pre-existed, no concrete activities have been conducted/are evident with respect to the action plan.
4. NAO should work with other parties to address the issue of "orphan" and "out of scope" mitigation measures recommended by Boards. NAO will encourage Boards to direct mitigation measures to the appropriate regulatory authority and to ensure that mitigation measures are within the scope of the review process, to avoid "orphan" and "out of scope" measures. In addition, AANDC will review the issue of "orphan" mitigation measures and develop options that might address the issue. This work will be completed in the course of planned legislative and policy reviews of the regimes in each territory over the coming 2-3 fiscal years as part of the Action Plan to improve Northern Regulatory Regimes. March 31st, 2015  
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