Regulatory and Permitting Efficiency for Clean Growth Projects
The Cabinet Directive on Regulatory and Permitting Efficiency for Clean Growth Projects focuses on the federal efforts needed to accelerate regulatory efficiency for clean growth projects. It is intended to help get clean growth projects built faster by accelerating decision-making related to these projects.
Section 1. Overview of CIRNAC's Role in Supporting Regulatory and Permitting Efficiency
CIRNAC supports the priorities of the government and the objectives of the Cabinet Directive on Regulatory and Permitting Efficiency for Clean Growth Projects during the project assessment process. This is accomplished by advancing support for a whole-of-government approach to consultation, accommodation and engagement with Indigenous Peoples through training, the use of the Aboriginal and Treaty Rights Information System, developing consultation protocols, providing subject matter expertise during environmental assessments, developing policy guidance, helping partner departments fulfill the legal duty to consult and informing them of Canada's relationship with Indigenous groups.
While the Minister of Northern and Arctic Affairs is responsible for certain pieces of northern resource management legislation and maintains decision-making roles for projects on federal lands, northern regulatory processes are largely led by co-management boards or territorial and Indigenous governments as a result of modern treaties and the ongoing devolution of land and resource management authorities.
Rooted in modern treaties, independent co-management boards comprised of members nominated or appointed by Indigenous, territorial, and federal governments lead northern impact assessment, water licensing, and some land use permitting processes. Depending on where a project is located and what interests are at stake, federal, territorial, and/or Indigenous governments then make decisions on board recommendations and are responsible for different elements of implementation. Outside of board-led processes, CIRNAC continues to administer federal lands in Nunavut and the Northwest Territories per the Territorial Lands Act, which governs the administration and disposition of lands and mineral rights.
CIRNAC also leads the Northern Regulatory Initiative under the Canadian Critical Minerals Strategy and the Northern Participant Funding Program. These programs are designed to advance regulatory efficiencies, inform decision-making, and support review processes by funding Indigenous governments and organizations to prepare for and participate in major project reviews. The Northern Regulatory Initiative also supports a) regional, baseline, and cumulative effects studies to help ensure projects are not delayed due to a lack of information, b) multi-party dialogues on regulatory priorities and actions, c) the participation of otherwise unfunded Indigenous governments and organizations in land use planning and project review processes, and d) work with the Canadian Northern Economic Development Agency (CanNor) to support project-specific consultation protocols that help to clarify and coordinate consultation actions. These all form key short- and long-term action items in Building Canada’s Clean Future: A plan to modernize federal assessment and permitting processes to get clean growth projects built faster (PDF).
Section 2. Results for Thematic Areas of the Cabinet Directive
Theme 1: Strengthening service standards
Results Achieved:
- In 2024–25, CIRNAC maintained high service standards, performing duties under northern resource management legislation within legislated timelines. While northern projects have not yet been added to the public Project Permit Dashboard, internal review management systems continue to track federal roles pertaining to northern impact assessments, water licenses, and land use permits.
- CIRNAC also supported check-ins and status reporting across regional offices where applicable, and regular updates to the Clean Growth Office on the status of northern clean growth projects and actions taken to advance regulatory efficiencies.
Theme 2: Providing timely guidance to proponents
Results Achieved:
- While independent resource co-management boards are responsible for guidance on impact assessment and water licensing information requirements, CIRNAC works with these boards, territorial and Indigenous governments, and industry representatives outside of project-specific proceedings to identify and fill information, data, and guidance needs. In 2024–25, this included support under the Northern Regulatory Initiative for: Indigenous-led regional, baseline, and cumulative effects studies; improved data and information availability among co-management boards; tools and templates to help small-scale mineral exploration companies enter the regulatory system; and reviews of board-led rules and/or guidelines for impact assessment processes.
- For example, to help ensure information required for assessment and permitting processes is in place, CIRNAC announced a $2.5M pilot initiative in 2024–25 to support 5 First Nation-led baseline and cumulative effects studies in priority areas for clean growth in the Yukon. These studies will help to reduce any delays in assessments or permitting created by a lack of information.
- In 2024–25, CIRNAC also supported work towards project-specific consultation protocols and cooperation agreements to help inform consultation, accommodation, and coordination actions and reduce duplication.
- In performing their functions under northern resource management legislation, the Minister of Northern and Arctic Affairs can be required to consider the importance of aspects such as the conservation of lands, waters, and wildlife. These legislated requirements help to ensure that project risks relative to Canada's climate action and biodiversity objectives are considered as a part of Ministerial decision-making.
Theme 3: Coordinating consultation with Indigenous Peoples
Results Achieved:
- In 2024–25, in response to commitments made in Budget 2024 to streamline regulatory processes and reduce consultation fatigue, CIRNAC engaged with Indigenous groups on improving Crown Consultation Coordination for non-designated projects south of 60° requiring multiple federal regulatory authorizations (e.g. permits). CIRNAC held discussions through 5 meetings with approximately 130 Indigenous individuals, including representatives from First Nations, Métis groups, and Inuit officials.
- Through this engagement, different opportunities were identified to strengthen the coordination of Crown consultation across federal departments and agencies in the Crown Consultation Coordination Engagement Summary. This includes areas of providing predictable funding, centralized tracking and monitoring, accountability in addressing accommodation measures, and coordinating access to federal decision-makers.
- In 2024–25, CIRNAC continued to work closely with CanNor to coordinate Crown consultation on major projects North of 60. CIRNAC relies on resource co-management board processes as the primary means to fulfill its Duty to Consult with Indigenous Peoples and, if appropriate, accommodate potentially adverse impacts to Aboriginal and/or Treaty rights.
- CIRNAC also supported the participation of otherwise unfunded Indigenous governments and organizations in early stages of board-led impact assessment processes and in subsequent regulatory processes. This funding helps to ensure that Indigenous participation in impact assessment and regulatory processes is effective and meaningful, in accordance with both modern treaties and the United Nations Declaration on the Rights of Indigenous Peoples.