Evaluation of the Northern Regulation, Resources and Environmental Management Programs - Follow-up Report Status Update as of June 30, 2014

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Action Plan Implementation Status Update Report to the Evaluation, Performance Measurement and Review Committee - As of June 30, 2014

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: Completed - Closed

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: Closed.
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: On track

Update/Rationale:
As of 31/03/2014:

In NWT, AANDC implemented a risk assessment and management framework and completed risk assessment profiles for all sites having a land disposition or a water licence. The Department has taken significant steps to track the rates of compliance through the inspection reporting and risk assessment application. Necessary steps were also taken to ensure funding is allocated to accomplish the required frequency of inspections. With devolution that took place on April 1, 2014 there will be no further activity from the NWT region.

In Nunavut, AANDC developed a risk management framework for inspections of lands and waters under leases and licences, including compliance and enforcement procedures and guidelines. Final approval of the framework is pending (target approval early May).

AES: Recommendation Ongoing. Recommend to close NWT portion. NU, underway

With April 1, 2014 devolution to NWT, further activity is not expected in the NWT region. In NU, structures and processes are in place and some achieved results have been identified. A timetable is in place for full implementation of the action item (in progress).

NU Update:
Status: Completed - Closed

Update/Rationale:
As of 30/06/2014:

AANDC developed a risk management framework for inspections of lands and waters under leases and licences, including compliance and enforcement procedures and guidelines.

AES: Closed.
All aspects of the action item as described in the action plan have been fully implemented. Structures and processes are in place to address the related recommendation.
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: Completed - Closed

As of 31/03/2014:

With devolution taking place as of April 1, 2014 there will be no further activity from the NWT region.

The Nunavut Regional Office (NRO) has completed a Business Opportunity Proposal for an integrated resource management database which would improve the NRO's data collection, and allow for improved tracking, monitoring, and sharing of information.

AES: Closed
With April 1, 2014 devolution to NWT, further activity is not expected in the NWT region. In NU, achieved results have been identified; recommend to close. Close.
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 Status: Completed - Closed

As of 30/06/2014:

In Nunavut, project certificate provisions have been included in the Nunavut Planning and Project Assessment Act, which will come into force upon Order in Council.

In the NWT, development certificate provisions have been incorporated into the Mackenzie Valley Resource Management Act and will come into force upon Order in Council.

In Yukon, this has not been raised as a problem because the current process under the Yukon Environmental and Socio-economic Assessment Act already addresses this issue.

AES: Closed.
All aspects of the action item as described in the action plan have been fully implemented. Structures and processes are in place to address the related recommendation.
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