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

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Action Plan Implementation Status Update Report to the Evaluation, Performance Measurement and Review Committee - As of March 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  
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: Underway

As of 31/03/2013

In Nunavut a contract was awarded on January 25, 2013 to develop policies, procedures and guidelines for the Nunavut Regional Office’s compliance and enforcement unit. A draft report was received before March 31, 2013.

In NWT, a field operations directive has been developed and is currently out for consultations. The directive will guide the next steps on reporting the appropriate information to the land and water boards.

AES: Underway (In progress)
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 Regional will develop options for improving access to the information from the various authorities. March 31st, 2012 Status: Underway

As of 31/03/2013

The Nunavut Regional Office continues to engage external partners including Boards. Inform processes in place to ensure Regulators have access to information.

The Northwest Territories regional office reviewed options for information sharing which would involve an integrated database approach as well as the development of MOUs and protocols for information sharing.

Note that responsibility for inspections in the Northwest Territories is being devolved to the Government of the Northwest Territories as of April 1, 2014.

AES: Underway (In progress)
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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