Evaluation of the Northern Regulation, Resources and Environmental Management Programs - Follow-up Report Status Update as of December 31, 2013

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Action Plan Implementation Status Update Report to the Evaluation, Performance Measurement and Review Committee - As of December 31, 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

As of 31/12/2013:

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

AES: Recommend to close.
Structures and processes are in place and some achieved results have been identified. With regional operating procedures being drafted, recommend to close. Close.
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

As of 31/12/2013:

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

AES: Ongoing.
While some structures and processes are in place, so far there is no tangible result. Work is still ongoing.
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

As of 31/12/2013: (Ongoing)

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: Ongoing
While some structures and processes are in place, so far there is no tangible result. Work is still ongoing.
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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