Regulatory Improvement Initiatives Across Canada
Submission for the 2008 Energy and Mines Ministers' Conference
Prepared by the Energy and Mines Ministers Regulatory Performance Improvement Working Group June 2008
Available in PDF Format (517 KB)
Table of Contents
- INTRODUCTION
- SUMMARY LISTING
- GOVERNMENT OF CANADA
- GOVERNMENT OF BRITISH COLUMBIA
- GOVERNMENT OF ALBERTA
- GOVERNMENT OF SASKATCHEWAN
- GOVERNMENT OF MANITOBA
- GOVERNMENT OF ONTARIO
- GOVERNMENT OF QUEBEC
- GOVERNMENT OF NEW BRUNSWICK
- GOVERNMENT OF NOVA SCOTIA
- GOVERNMENT OF PRINCE EDWARD ISLAND
- GOVERNMENT OF NEWFOUNDLAND AND LABRADOR
- GOVERNMENT OF NUNAVUT
- GOVERNMENT OF THE NORTHWEST TERRITORIES
- GOVERNMENT OF YUKON
- INTERGOVERNMENTAL INITIATIVES
Introduction
To improve regulatory processes that affect Canadian mines and energy industries, federal, provincial and territorial Energy and Mines Ministers directed energy and mines officials to continue their joint efforts to identify and resolve systemic regulatory issues. In September 2007, Ministers across Canada agreed to share information regarding their jurisdictions' regulatory improvement initiatives.
The Regulatory Performance Improvement Working Group (RPI WG)1 was established in response to Ministers' direction that government officials work collaboratively with responsible authorities towards implementing a more streamlined, transparent, timely and certain regulatory regime. Each federal, provincial and territorial jurisdiction participating in the RPI WG was invited to contribute information on the initiatives under way or proposed by their respective government. These initiatives were consolidated into this Regulatory Improvement Initiatives Across Canada document for the purpose of sharing best practices and lessons learned.
As evidenced in the following report, a multitude of regulatory improvement initiatives are currently under way or planned across Canada. Some initiatives are energy- or mining-sector specific while others are wide-reaching with longer-term regulatory frameworks in mind. Viewed in their entirety, this collection of initiatives demonstrates an abiding commitment to improving the timeliness and predictability of regulatory approval processes at all levels of government in Canada. It should be noted that this collection of initiatives is an evergreen document and will be reviewed on a regular basis.
Summary Listing
INITIATIVE | Under Development | Implementation Initiated | Mines/ Energy Focus Yes/No |
---|---|---|---|
Government of Canada | |||
Major Projects Management Office and Capacity Funding | 2007 | Y | |
Cabinet Directive on Implementing the Canadian Environmental Assessment Act | 2005 | N | |
Determining Scope of Project for Major Development Proposals – An Interim Approach | 2006 | N | |
Cabinet Directive on Streamlining Regulation | 2007 | N | |
Community of Federal Regulators | 2005 | N | |
Core Curriculum for Federal Regulators – Canada School of Public Service (CSPS) | 2007 | N | |
Substitution Under the Canadian Environmental Assessment Act – Brunswick Pipeline Pilot Project | 2006 | N | |
Strategic Environmental Assessments | Y | N | |
Transport Canada's Proponents' Guide for Environmental Assessment | 2006 | N | |
Transport Canada's Minor Works Policies | Y | N | |
Fisheries and Oceans' Operational Statements | Y | N | |
Fisheries and Oceans' Fisheries Act Regulatory Improvement Initiatives | Y | N | |
Environmental Assessment Projects Committee | 2005 | N | |
Class Screenings Under the Canadian Environmental Assessment Act | 2003 | N | |
Aboriginal Consultation Policy | 2007 | N | |
Natural Resources Canada Aboriginal Consultation Policy | Y | N | |
Paper Burden Reduction Initiative | 2007 | N | |
Streamlining Amendments to the Metal Mining Effluent Regulations (MMER) | 2007 | Y | |
National Energy Board Streamlining Initiative | 2006 | Y | |
National Energy Board Risk-Based Life-Cycle Regulation | Y | Y | |
Aboriginal Affairs and Northern Development Canada – Northern Regulatory Improvement Initiative | Y | N | |
Aboriginal Affairs and Northern Development Canada – Amendments to the Northwest Territories and Nunavut Mining Regulations (Formerly Known as the Canada Mining Regulations) | 2007 | Y | |
Government of British Columbia | |||
British Columbia Regulatory Reform Initiative | 2001 | N | |
Oil and Gas Regulatory Improvement Initiative | 2008 | Y | |
FrontCounter BC | 2005 | N | |
BC Mining Plan Initiative – Protecting Workers, Protecting the Environment | 2006 | Y | |
BC Mining Plan Initiative – Collaborate on Environmental Challenges | Y | Y | |
BC Mining Plan Initiative – Lead in Environmental Standards and Practices | 2008 | Y | |
BC Mining Plan Initiative – Streamline Regulation | Y | Y | |
BC Mining Plan Initiative – Aggregate Business Strategy Review | 2007 | Y | |
BC Energy Plan Initiative – Hydrogen Regulatory Framework | 2008 | Y | |
BC Energy Plan Initiative – Improvements to the Utilities Commission Act | 2007 | Y | |
Energy Efficiency Standards Regulation | Y | Y | |
Independent Power Producers Office | Y | Y | |
BCUC Capital Expenditure Collar | 2007 | Y | |
The Canada-British Columbia Agreement on Environmental Assessment Cooperation | 2004 | N | |
Resource Management Coordination Project | Y | 2008 | N |
Government of Alberta | |||
Upstream Oil and Gas Policy Integration | Y | Y | |
Sustainable Resource and Environmental Management (SREM) | Y | N | |
Metallic and Industrial Minerals Mining Regulation | Y | Y | |
Land-Use Framework (LUF) | Y | 2008 | N |
Government of Saskatchewan | |||
Regulatory and Service Enhancement Initiative | 2006 | N | |
Oil and Gas Conservation Amendment Regulation | 2007 | Y | |
Institutional Controls Act | 2007 | Y | |
Review of Major Sectors Regulatory Processes Initiative | 2002 | Y | |
Best Management Practices for Mineral Exploration Initiative | Y | Y | |
Information Management Initiative | Y | N | |
Cost of Regulatory Delay Initiative | 2007 | Y | |
Crown Land Administration and Management System Initiative (CLAMS) | Y | N | |
One-Stop Web Site – BizPaL Initiative | 2007 | N | |
SaskGrid | 2006 | N | |
Promote Sharing of Environmental Monitoring Information | 2007 | N | |
New Environmental Management Approach to Achieve Compliance | Y | N | |
Amended Forest Regulations for Mineral Development in Far North | 2007 | N | |
Mineral Layer Parcel Identification – Petroleum Phase 1 | Y | Y | |
Regulatory Modernization Council | Y | 2008 | N |
Government of Manitoba | |||
Online Access to an Exploration and Mining Guide | Y | ||
National Orphaned/Abandoned Mines Initiative (NOAMI) | Y | Y | |
Classes of Development Regulation Amendments | 2007 | Y | |
Government of Ontario | |||
MOE – Environmental Assessment Improvements Initiative | 2006 | N | |
MOE – Amendments to the Electricity Projects Regulation, O. Reg. 116/01, and the Guide to Environmental Assessment Requirements for Electricity Projects | 2007 | Y | |
MOE – New Waste Management Projects Regulation, O. Reg. 101/07 | 2007 | N | |
MOE – Development of Codes of Practice | 2007 | N | |
MOE – Electricity Team | 2005 | Y | |
MOE – Energy and Infrastructure/Environment Information Exchange Meetings | 2004 | Y | |
MOE – Government Review Team Protocol | 2008 | N | |
MOE – Integration of Planning Processes | Y | N | |
MNR – ADMs Energy Implementation Committee | 2006 | Y | |
MNR – ADM Energy Policy Forum | 2005 | Y | |
MNR – Waterpower Industry Executive Dialogues | 2002 | Y | |
MNR – Renewable Energy Directors Committee | 2005 | Y | |
MNR – Inter-Ministerial Communications Strategy for Renewable Energy in Ontario | 2006 | Y | |
MNR – Amendments to Improve 2004 Waterpower Site Release and Development Review Policy | 2007 | Y | |
MNR – Tripartite Waterpower Working Group | 2004 | Y | |
MNR – Updating of MNR's Renewable Energy Internet, Intranet and Extranet, and Survey of Staff Training Needs | 2006 | Y | |
MNR – Review of Water Management Planning for Waterpower | Y | Y | |
MNR – Development Guidelines for Government Staff and Proponents to Mitigate Adverse Effects of Renewable Energy Projects | Y | Y | |
MNR – Policy/Procedural Guidance on Tax Holidays for Waterpower | Y | Y | |
MNR – Renewable Energy Information Sessions and Other Training Opportunities | 2007 | Y | |
MNR – Renewable Energy Science Strategy | Y | Y | |
OEB – Filing Requirements for Transmission and Distribution Applications | 2006 | Y | |
OEB – Increased Delegation of Board Authority for Approval of Non-Controversial Projects | 2006 | Y | |
OEB – Multi-Year Rate Setting | 2008 | Y | |
OEB – Application Process Standardization | 2007 | Y | |
OEB – Eliminate Requirement for Approvals for Gas Storage Contracts That Are Market Based | Y | Y | |
OEB – Develop Performance Metrics Specifying the Processing Time for Specified Applications | 2007 | Y | |
MNDM – Delegation of Authority for Decisions From Minister to Director – Environmental Assessment and Approvals Branch | 2007 | N | |
MNDM – Online Project Definition Template | 2008 | Y | |
MNDM – Online Practitioner's Guide | 2008 | Y | |
MNDM – First Nation's Location and Notification Tool | 2008 | Y | |
MNDM – Develop a "One-Window" Coordination Process to Assist Proponents | 2008 | Y | |
Government of Quebec | |||
Proposals to Modify the Environmental Impact Assessment Process | Y | N | |
Proposals to Make Environmental Regulations More Target-Based and Oriented Towards Market Mechanisms | Y | Y | |
Proposals to Better Integrate Consultation of Aboriginal Communities Into the Authorization Processes | Y | Y | |
Strategic Environmental Assessments on Marine Hydrocarbon Development Program | Y | Y | |
Draft Regulations on Air Pollution Control | 2006 | Y | |
Policy on Public Transit | Y | Y | |
Biogas Program | Y | Y | |
Regulations on Light-Duty Vehicle GHG Emissions | Y | Y | |
Quebec's Energy Authority (Régie de l'Énergie) | 2005 | Y | |
Government of New Brunswick | |||
Pipeline Act | 2005 | Y | |
Amendments to the Pipeline Act | Y | Y | |
Gas Distribution Act | 1999 | Y | |
Amendments to the Gas Distribution Act | 2005 | Y | |
Elimination of Regulatory Overlap and Duplication (Red Tape) With New Brunswick | Y | Y | |
Administrative Improvements to the Environmental Impact Assessment Process | 2004 | Y | |
Fire Prevention Act | 2008 | Y | |
Energy and Utilities Board Act | 2007 | Y | |
Energy Efficiency Act | Y | Y | |
Liquefied Natural Gas Regulatory Framework | Y | Y | |
Online Mineral Permits Information | 2006 | Y | |
Development of Industry Guidelines | 2006 | Y | |
Provision of Technical Information | Y | Y | |
Reduce Duplication in Regulatory Process | Y | Y | |
Provide Research Support | Y | Y | |
Develop a"One-Window" Process to Assist Proponents | 1988 | Y | |
Petroleum Act | 2007 | Y | |
Common Approach to Onshore Oil and Gas Regulation in Atlantic Canada | Y | Y | |
Government of Nova Scotia | |||
Better Regulation Initiative | 2005 | N | |
Online Access to Forms | 2007 | N | |
Mineral Rights Registry Automation | Y | Y | |
Upgrade Mineral Registry Map Projections | 2006 | Y | |
Nova Scotia Pay for Performance Board Members | 2005 | Y | |
Energy Efficient Appliances Act Update | 2008 | Y | |
EnerGuide 80 by 2011 | Y | Y | |
Development of a Modern Regulatory Approach | Y | Y | |
Frontier and Offshore Regulatory Renewal Initiative | Y | Y | |
Coordinated Regulatory Review Process – Deep Panuke | 2007 | Y | |
Development of a Regulatory Roadmap for Onshore Seismic Drilling and Offshore Renewable Energy Projects | 2007 | Y | |
Modernization of Nova Scotia's Onshore Energy Legislation and Regulations | Y | Y | |
Development of Procedures for Regulatory Development | 2007 | Y | |
Government of Prince Edward Island | |||
Government of Newfoundland and Labrador | |||
Mineral Exploration Standards for Labrador Inuit Lands | 2006 | Y | |
Red Tape Reduction Initiative | 2005 | N | |
Online Claim Staking | 2005 | Y | |
Online Exploration Approvals | 2007 | Y | |
Online Resource Atlas | 2008 | Y | |
Government of Nunavut | |||
Reduction of Barriers to Business Initiative | Y | N | |
Government of the Northwest Territories | |||
Review of Electricity Rates, Regulation and Subsidy Programs | 2008 | N | |
Government of Yukon | |||
Implementation of the Yukon Environmental and Socio-Economic Assessment Act (YESAA) Process | 2005 | N | |
Yukon Placer Authorizations | 2007 | Y | |
Integrated Regulatory Regime for Yukon Placer Mining | 2008 | Y | |
Integrated Resource Management Strategy | 2006 | N | |
Closure and Reclamation Policy and Guidelines | 2006 | Y | |
Intergovernmental Initiatives | |||
Federal/Provincial Agreements on Environmental Assessment Cooperation | Y | N | |
Canadian Council of Ministers of the Environment (CCME) Initiative | Y | N | |
BizPal | 2007 | N | |
Passport System of Securities Regulation | 2007 | N | |
Multi-Regulator Integrity Management Awareness Program | 2008 | Y | |
Coordinated Review Processes in the Atlantic Offshore | 2006 | Y | |
Non-Accord Offshore Management | Y | Y | |
Cooperation Plan for the Mackenzie Gas Project (MGP) | 2002 | Y | |
Atlantic Energy Roundtable (AER) | 2002 | Y | |
Frontier and Offshore Regulatory Renewal Initiative (FORRI) | 2005 | Y |
Government of Canada
Major Projects Management Office and Capacity Funding
Objective(s) To create a more accountable, predictable and timely regulatory review process that will facilitate investment and planning decisions and improve the competitiveness of Canada's resource industries.
Activities Budget 2007 invested $150 million over five years to establish the Major Projects Management Office (MPMO) within Natural Resources Canada and enhance the scientific and technical capacity of key federal regulatory departments. The MPMO provides overarching management of the federal regulatory review process for major natural resource projects south of 60. The MPMO operates in close collaboration with other federal regulatory departments and agencies to identify areas where the efficiency and effectiveness of the regulatory system can be improved and to develop and implement new approaches to improve regulatory performance. Key activities include providing a single window into the federal regulatory system for all stakeholders, establishing project-specific service standards, measuring and reporting on performance, providing selective intervention to address key issues, and leading collaborative research to identify system improvements. The MPMO also provides strategic policy advice and support to the Major Projects Deputy Ministers' Committee, which has been established to provide broad oversight and direction for federal regulatory activities pertaining to major resource projects. New capacity funding provided through this initiative will ensure key regulatory departments are positioned to respond to the recent growth in the number of resource projects and better enable departments to meet their legal responsibilities for Aboriginal Crown consultations.
Energy/Mining Focus? Yes, its focus is on regulatory improvement for all major resource projects.
Implementation The MPMO officially "opened its doors" on February 26, 2008, and is now fully operational.
Results Since the MPMO opened its doors a year ago, new guidelines have been developed to improve process clarity, promote early engagement between project proponents and regulators, and ensure a coordinated federal approach throughout the entire review process; service standards have been established with target time lines for each major project review, reflected in interdepartmental project agreements provided to project proponents, and made available to the public; the initial building blocks, including improved governance, have been put in place for a whole-of-government approach to Aboriginal consultations for major resource projects; and, performance of federal reviews for projects under the MPMO initiative is being publicly tracked and monitored to ensure greater transparency and accountability.
Cabinet Directive on Implementing the Canadian Environmental Assessment Act
Objective(s) The Government of Canada is committed to ensuring that administration of the Canadian Environmental Assessment Act (the Act) results in a timely and predictable environmental assessment process that produces high-quality environmental assessments (EA) so that federal decisions about projects safeguard the environment and promote sustainability. This Directive creates a framework within which federal authorities can exercise their respective powers, duties, and functions under the Act.
Activities This Directive was issued by Cabinet in November 2005 and published on the Internet. See also initiative on Interim Approach to Scoping.
Energy/Mining Focus? No, this initiative is not specifically targeted at energy and mining projects; however, the Directive does apply to the sector.
Implementation November 2005, ongoing.
Results More systematic approach to federal delivery of high-quality EA in a predictable, certain and timely manner.
Determining Scope of Major Development Proposals – An Interim Approach
Objective(s) The Cabinet Directive on Implementing the Canadian Environmental Assessment Act (CEAA) provides a framework for determining the scope of projects within the CEAA's overarching context of ensuring the careful and precautionary identification of potential adverse environmental effects and means of mitigating them prior to federal decisions that would allow a project to proceed. In doing so, the Directive supports federal authorities in exercising their respective powers, duties and functions under the CEAA. The purpose of the Interim Approach is to provide guidance, for a specific category of development proposals, for applying the Cabinet Directive's scoping policy. It is aimed at facilitating consistency and timeliness for a type of scoping decision that, historically, has tended to be difficult and time-consuming.
Activities The Interim Approach was issued by the Environmental Assessment Projects Committee (EAPC) in December 2006 and published on the Canadian Environmental Assessment Agency's web site. Information and training sessions on implementing the Interim Approach have been provided for federal authorities across the country in the Spring 2007. An evaluation of the effectiveness of the Interim Approach after the first year of implementation is being finalized for consideration by EAPC. The report identifies lesson learned that will be of benefit to EAPC when considering revisions or adjustments to strengthen implementation.
Energy/Mining Focus? No, this initiative is not specifically targeted at energy and mining projects; however, the Interim Approach has been applied to major development proposals including energy and mine projects.
Implementation December 2006, ongoing.
Results Improved dialogue among federal authorities and with provincial counterparts on determining the federal scope of the project, leading to more timely and certain scoping decisions.
Cabinet Directive on Streamlining Regulation
Objective(s) This Directive commits the Government of Canada to protect and advance the public interest by working with Canadians and other governments to ensure that its regulatory activities result in the greatest overall benefit to present and future generations of Canadians. It replaces the Government of Canada Regulatory Policy (1999), and introduces several key improvements, including a more comprehensive life-cycle management approach with specific requirements for the development, implementation, evaluation and review of regulations; better performance measurement; coordination across jurisdictions; service standards; and reporting on results.
Activities This Directive was issued by Cabinet and published on the Internet. It applies to all departments and agencies involved in the federal regulatory process.
Energy/Mining Focus? No, this initiative is not specifically targeted at energy and mining projects.
Implementation April 1, 2007.
Results It is expected that this Directive will result in better Government of Canada regulatory performance.
Community of Federal Regulators
Objective(s) The Community of Federal Regulators (CFR) is a partnership between federal departments and agencies that have a regulatory role in maintaining and strengthening the health, safety, security, and prosperity of Canadians. It is a professional community of interest where federal regulators come together to build capacity by learning from each other and exchanging ideas and best practices.
Activities The CFR encourages horizontal cooperation among federal departments and agencies by providing opportunities for federal regulators to discuss issues of common concern. Some of these fora include the CFR Annual National Workshop and CFR regional workshops held across the country. The CFR also conducts research and documents regulatory best practices to serve as learning tools for the federal regulatory community. The CFR actively supports other learning initiatives, including the development of a core curriculum for regulators by the Canada School of Public Service and hosting armchair discussions.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects, but may be addressed through CFR events and activities.
Implementation An MOU was signed by 14 departments and agencies.
Results As set out in the CFR's 2007-2010 business plan, the community aims to develop federal regulators as a recognized and valued functional community that is proud of its contributions, values and ethics; create opportunities to identify, address, and manage horizontal issues that contribute to the effective implementation of the Cabinet Directive on Streamlining Regulations (CDSR); and encourage a regulatory community learning environment to build core competencies and capacity to achieve the regulatory objectives of the federal government.
Core Curriculum for Federal Regulators – Canada School of Public Service (CSPS)
Objective(s) The Core Curriculum for Federal Regulators is being developed to ensure that all members of the federal regulatory community have the skills, knowledge and competencies to meet their regulatory responsibilities and to support their career development. It provides a learning path that managers and regulators should use to develop personal learning plans. The program complies with and supports the principles underlying the Cabinet Directive on Streamlining Regulation.
Activities The Core Curriculum has been approved by the Regulatory Affairs Sector at Treasury Board Secretariat in 2007 and so far, a series of courses have been developed and offered at CSPS and as MOUs with departments and agencies. These courses are intended for all regulators across the federal government and from all regulatory functions:
- Introduction to Regulating (R001)
- Your Liability as a Regulatory (Duty of Care – R002)
- Regulatory Performance Measurement and Evaluation (R003)
- Cost-Benefit Analysis and Risk Assessment for Regulators (R004)
- Developing Effective Regulatory Impact Analysis Statements – RIAS (R005)
Energy/Mining Focus? No, this initiative is not specifically targeted at energy and mining projects.
Implementation 2007 and ongoing.
Results It is expected that this Core Curriculum will result in capacity building and career development for the federal regulatory community.
Substitution Under the Canadian Environmental Assessment Act – Brunswick Pipeline Pilot Project
Objective(s) In appropriate circumstances, use of the substitution provision (section 43) of the Canadian Environmental Assessment Act (CEAA) can allow for more efficient regulatory processes while achieving the objectives of the CEAA.
Activities The substitution provision of the CEAA was used for the first time, on a pilot basis, during the review of the Emera Brunswick Pipeline Project. The National Energy Board used its hearing process as a substitute for a panel review in order to meet the requirements of the CEAA. In addition, New Brunswick also collaborated to make this a one-window approach. An evaluation of the substitution as a pilot is being completed by the Canadian Environmental Assessment Agency.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects, although the Brunswick Pipeline Project was the first use of this initiative and is an energy project.
Implementation The decision to use a substituted process on a pilot basis was made in 2006. The National Energy Board released its environmental assessment report in 2007.
Results This initiative resulted in an accelerated timeline for the Brunswick Pipeline. The Canadian Environmental Assessment Agency has undertaken an evaluation of this pilot project to inform ongoing consideration of policy issues associated with the substitution. The evaluation framework was developed with input from the Regulatory Advisory Committee (including provincial, NGO, and industry representatives), and federal departments. The evaluation of the pilot substitution will be posted on the Canadian Environmental Assessment Agency's web site once completed.
Strategic Environmental Assessments
Objective(s) The Canadian Environmental Assessment Agency is working at several levels to explore opportunities for improving strategic environmental assessment (SEA) and the opportunities it may afford for improving and streamlining project specific EA and regulatory decisions.
Activities A sub-committee of the Minister of the Environment's Regulatory Advisory Committee was established to look at ways to improve SEA and make recommendations on, among other things, linkages between SEA and project EA. The Agency is leading a government-wide evaluation of the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, expected to be completed in June 2009, and working with other partners to explore the potential for regional-scale environmental assessment through two pilots (Beaufort Basin and Offshore Nova Scotia). The Agency has also participated in efforts to develop a common national understanding and methodological guidance for regional SEA through the Canadian Council of Ministers of the Environment.
Energy/Mining Focus? The two pilot regional-scale environmental assessments target the energy sector.
Implementation Ongoing.
Results N/A (too early to determine).
Transport Canada's Proponents' Guide for Environmental Assessment
Objective(s) Transport Canada recently developed a "Proponents' Guide for Environmental Assessment" to provide clear guidance to proponents and stakeholders about the environmental assessment process as it relates to transport issues and the approvals under the Navigable Waters Protection Act.
Activities The Guide was completed and published on the Transport Canada web site.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation 2006, ongoing.
Results It is expected that this Proponents' Guide will result in better-informed proponents and a more efficient assessment process.
Transport Canada's Minor Works Policies
Objective(s) Transport Canada has developed a series of Minor Works policy documents to streamline the regulatory review of the placement of certain low-risk works in, on, over, under or through navigable waters. Each policy outlines specific criteria for the placement, construction and marking of such works that proponents can follow without creating any incremental impediment to navigation and thereby avoid application and review by the Department. These policies reduce unnecessary delays when the outcome of review can be predetermined if followed. They allow the Department to focus its resources on higher-risk projects that are more meaningful to ensuring the ongoing safety of navigation in Canadian waterways.
Activities Eight Minor Works policies are currently in effect and have been printed in brochure format for public information and posted on the Departmental Internet site. Four more policies are in final development for implementation in Spring 2008.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Ongoing.
Results The number of routine, low-risk project applications has decreased since initial implementation of the program in Summer 2006. It is expected that further decreases will be realized as public awareness of the program increases and additional Minor Works policies are developed and implemented.
Fisheries and Oceans' Operational Statements
Objective(s) The Department of Fisheries and Oceans has developed a series of Operational Statements to streamline the regulatory review of low-risk activities. Each Statement outlines measures to follow in order to protect fish and fish habitat so that proponents can carry out an activity without a review from the Department. These Statements allow proponents to proceed without delay, reduce unnecessary red tape, and allow the Department to focus resources on reviewing high-risk activities that affect fish and fish habitat.
Activities Eighteen Operational Statements are currently in effect and have been published on the Department of Fisheries and Oceans web site.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Ongoing. New Operational Statements are being developed and will be posted on the web site.
Results The number of routine, low-risk referrals received by the Department has decreased since 2005-06 when the Statements were implemented. It is expected that referrals for low-risk activities will continue to decrease as public awareness of the Operational Statements increases.
Fisheries and Oceans' Fisheries Act Regulatory Improvement Initiatives
Objective(s) The Department is developing several tools to enable Fisheries Act regulatory decisions to be made more effectively in terms of conserving and protecting fish habitat and in a more efficient, timelier, consistent and transparent manner. These tools include establishing one-window arrangements with provincial regulators, standardizing the information needed to make Fisheries Act decisions, and the development of guidelines for integrating Fisheries Act requirements in industry best management practices and options to streamline the review of medium-risk development proposals.
Activities
- One-window delivery arrangements have been set up between departmental and provincial counterparts (New Brunswick, Prince Edward Island, Nova Scotia) to coordinate fish habitat protection requirements into one regulatory process. This collaboration greatly reduces duplicate paperwork and improves response times for proponents.
- A Guide on Preparing for Review Under the Habitat Protection Provisions of the Fisheries Act provides guidelines to standardize the baseline information that is needed to inform and expedite the Fisheries Act reviews and decisions and reduce requests for additional information.
- A Guide to Development of Best Management Practices clarifies the Department's requirements to protect fish and fish habitat for a given development activity or industry sector. Industry partners are encouraged to integrate these requirements into their best management practices applied to activities that have minimal impact on fish and fish habitat. Industry may follow the accepted practice without formal approval once the Department has endorsed the best management practice as low risk.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Ongoing. The Department is seeking to pursue one-window arrangements with other government departments (Environment Canada, Transport Canada) as well as with provinces, territories and municipalities, where applicable. The Guide on Preparing for Review under the Habitat Protection Provisions of the Fisheries Act will be released in fall 2007. The development of Industry Best Management Practices is ongoing. Ontario's Ministry of Transportation has developed technical guidelines endorsed by the Department; the Canadian Association of Petroleum Products (CAPP) developed the Watercourse Crossings guideline endorsed by the Department.
Results It is expected that referrals for low-risk activities will continue to decrease as Industry partners, stakeholders and other regulators become more aware of these regulatory improvement tools.
Environmental Assessment Projects Committee
Objective(s) The Canadian Environmental Assessment Agency chairs the Environmental Assessment Projects Committee (EAPC), with representation from Environment Canada, Fisheries and Oceans Canada, Health Canada, Transport Canada, and Natural Resources Canada (including the Major Projects Management Office). These federal authorities are routinely involved in environmental assessments of major projects and meet on a regular basis to discuss and implement processes and project-specific actions to encourage timely and predictable high-quality environmental assessments.
Activities Establish and direct the implementation of common strategies for addressing systemic operational issues that will produce concrete results in the field. Test innovative EA processes. Provide direction on the EAs of specific projects to ensure a whole-of-government approach when agreement cannot be reached at the regional and director levels. Agree on and oversee initiatives to strengthen the federal government's ability to deliver efficient and effective environmental assessment.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects; however, the EAPC mandate includes projects from the sector.
Implementation Ongoing.
Results Routinely providing project-specific and process guidance and direction to key federal authorities on federal delivery of high-quality environmental assessments in a predictable, certain and timely manner.
Class Screenings Under the Canadian Environmental Assessment Act
Objective(s) Environmental assessment of projects that are relatively routine or repetitive, with well-understood or predictable effects that can be readily mitigated, may be expedited through the use of class screening, rather than through individual project screenings.
Activities Projects that are good candidates for class assessment should be identified and brought to the attention of the Canadian Environmental Assessment Agency. There are two types of class screenings conducted: "model class screenings" and "replacement class screenings."
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Ongoing.
Results Assessment of repetitive projects pursuant to the Canadian Environmental Assessment Act has been expedited through the use of class screenings.
Aboriginal Consultation Policy
Objective(s) The Government of Canada is developing an Aboriginal consultation policy to ensure that it fulfils its legal obligations to Aboriginal communities whenever a Crown activity could potentially affect an Aboriginal right.
Activities A policy framework is under development by Justice Canada and Aboriginal Affairs and Northern Development Canada. The Aboriginal Consultation and Accommodation Interim Guidelines for Federal Officials was published February 2008.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation 2008.
Results Effective Aboriginal consultation can ensure that regulatory processes related to mining projects are not delayed by unnecessary and costly litigation.
Natural Resources Canada Aboriginal Consultation Policy
Objective(s) Natural Resources Canada (NRCan) is currently developing an Aboriginal consultation policy to ensure that it fulfils its legal duty to consult and if appropriate accommodate Aboriginal groups whenever a Crown activity could potentially affect an Aboriginal right. The departmental policy will provide clear guidance on department responsibilities and clarify the relationship between federal tools and NRCan operations. It will promote cross-sectoral collaboration and information sharing, as well as better relations with Aboriginal groups.
Activities NRCan's Aboriginal consultation policy is currently under development and will be accompanied by a guidebook and tools to assist NRCan officials in fulfilling the legal duty to consult through the provision of a consistent but flexible departmental approach.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Initiative started in 2008, ongoing.
Results N/A
Paper Burden Reduction Initiative
Objective(s) The Paper Burden Reduction Initiative, led by the Minister of State for Small Business and Tourism and the Minister of Industry, is focused on reducing the administrative and regulatory burden on small- and medium-sized businesses. This initiative requires a one-time, 20 percent reduction of administrative or regulatory requirements stemming from selected statutes, regulations, and related policies, guidelines and forms with which businesses must comply.
Activities The baseline count of regulatory requirements was completed in the fall of 2007. Reductions were implemented or identified by November 2008. Complementary initiatives demonstrating how the Government of Canada is achieving the intent of this initiative will also be identified on an ongoing basis. This initiative applies to statutes administered by the following departments and agencies: Health Canada, the Canadian Food Inspection Agency, Industry Canada, the Canada Revenue Agency, Transport Canada, Finance Canada, Statistics Canada, Environment Canada, the Canada Border Services Agency, Fisheries and Oceans Canada, Natural Resources Canada, Human Resources and Social Development Canada, and Agriculture and Agri-Food Canada.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation April 1, 2007.
Results The overall objective of this initiative is to reduce "red tape" and improve the competitiveness of businesses in Canada.
Streamlining Amendments to the Metal Mining Effluent Regulations (MMER)
Objective(s) To reduce the time required to undertake MMER amendments relative to the proposed addition of new tailings impoundment areas to Schedule 2 of the Regulations. This objective must be undertaken in a manner that respects and aligns the requirements of the federal, provincial and territorial regulatory frameworks for regulatory decision-making. Discussions to allow this are ongoing.
Activities Working with federal government departments engaged in environmental assessments of mining projects to ensure that all necessary assessment work for federal decision-making is undertaken as an element of the EA process. Developing roles and responsibilities for the federal government authorities responsible for decision-making with respect to MMER amendments. Arranging for integration of required multi-stakeholder consultations on the proposed amendments into the EA process.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Fall 2007.
Results N/A (too early to determine).
National Energy Board Streamlining Initiative
Objective(s) To streamline both the application requirements and the assessment process for low-risk pipeline facilities involving less than 40 km of pipe while maintaining a desirable level of regulatory oversight. Other objectives are to reduce unnecessary time, resources and complexity for both industry and the regulator on small, routine pipeline facilities and to focus on areas of concern.
Activities "Point and click" web-based interface allows applicants to apply on-line by answering a series of questions and committing to certain design, activity and filing requirements. Applicants confirm that low-risk criteria apply in a number of areas (safety, environment, socio-economic, consultation, commercial, etc.). In the specific areas where there are issues or concerns, additional information is required and a further assessment is undertaken.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation The NEB launched the Online Application System (OAS) on June 23, 2008, after 22 months of design, development, engagement of industry stakeholders, and pilot testing.
Results Recent system statistics indicate that 24 pipeline companies have established OAS accounts, and that six applications have been filed with the NEB. Twelve more applications are underway on the system. Early feedback from industry customers is very positive, and indicates that the OAS is delivering the products and efficiencies that were targeted in the design. The OAS is part of the NEB's Quality Management System, and will be adaptively improved in response to customer feedback and the NEB's ongoing regulatory improvement work.
National Energy Board Risk-Based Life-Cycle Regulation
Objective(s) Determine and apply the level of appropriate National Energy Board (NEB) regulatory oversight based on risk within each phase of the infrastructure life cycle and base the level of regulatory oversight on company performance and risk factors related to safety, environmental protection, economic efficiency, and stakeholder engagement. Risk Based Lifecycle Regulation helps the NEB to focus resources and tools where they have the greatest impact on company and industry performance throughout the entire facility lifecycle.
Activities This initiative applies to every "interest area" the NEB has identified (i.e., safety, environmental protection, integrity, socio-economics, land matters, security, and emergency preparedness). The performance of every company regulated by the NEB is assessed through a variety of tools to allow the Board to focus its limited resources on higher-risk companies and projects. Tailored compliance plans are developed to align regulatory effort on the highest priority areas. Audits and inspections are carried out for companies and facilities that pose the highest risk.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation The NEB has implemented in the normal course of business, the risk-based lifecycle approach for planning the compliance oversight it undertakes in each fiscal year. Multiple projects with defined scope have been initiated to expand the approach to other interest areas as well as improve sustainability over the long term.
Results This integrated regulatory approach will be reflected in future results reported via the NEB's regular goal-based reporting mechanisms, including the Departmental Performance Report and Annual Report.
Aboriginal Affairs and Northern Development Canada – Northern Regulatory Improvement Initiative
Objective(s) 1) To review the regulatory system in the North and recommend improvements to the Minister of Aboriginal Affairs and Northern Development Canada.
Activities
- Report released on July 17, 2008.
- INAC received comments from stakeholders on the report.
- INAC preparing an Action Plan.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Ongoing.
Results N/A (too early to determine).
Aboriginal Affairs and Northern Development Canada – Amendments to the Northwest Territories and Nunavut Mining Regulations (Formerly Known as the Canada Mining Regulations)
Objective(s) Amend royalties and leasing provisions.
Activities Registered in Part 2 of Canada Gazette as SOR / 2007-273.
Energy/Mining Focus? Yes.
Implementation November 29, 2007.
Results N/A (too early to determine).
Government of British Columbia
British Columbia Regulatory Reform Initiative
Objective(s) Cross-government initiative that seeks to streamline and modernize British Columbia's regulatory environment, making sure public health, safety and the environment are protected.
Activities
The initiative is carried out through a five-component framework:
- Comprehensive baseline measure of regulatory burden (complete).
- Three-year Regulatory Reform Plans for each ministry (updated annually).
- Regulatory Reform Policy, to control structure and amount of new regulation.
- Performance measurement - development of regulatory reform targets and regular reporting on results to Cabinet and the public.
- Structure - a Regulatory Reform Office has been established to lead the Regulatory Reform Initiative and implement the government's strategies.
Energy/Mining Focus? No, this initiative is not specifically targeted at energy and mining projects.
Implementation June 2001. (Note: This commenced in 2001, but implementation is ongoing.)
Results In 2001, there were 383,660 regulatory requirements. By November 30, 2008, nearly 165,124 regulatory requirements have been eliminated across the Government of British Columbia. This represents a drop of 42.6 per cent over 2001 levels.
Oil and Gas Regulatory Improvement Initiative
Objective(s) Modernize and consolidate B.C.'s oil and gas regulatory framework to more efficiently and effectively enable regulation of an expanding onshore oil and gas industry, adapt regulatory provisions to recognize technological change, encourage the development of the unconventional natural gas resource, and ensure that social and environmental values are protected across all oil and gas activities.
Activities Regulations are under development through 2009.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulatory framework that governs the Province of British Columbia's onshore oil and gas industry.
Implementation The Act and Regulations are scheduled to be brought into force in 2009.
Results N/A.
FrontCounter BC
Objective(s) A single-window access initiative to streamline permitting and application processes that will expand services for natural resource businesses.
Activities FrontCounter BC offices have been set up in nine communities across the province. They provide general information and accept applications and fees for up to 100 permits, licences, tenures and related authorizations on behalf of government agencies such as the B.C. Ministry of Energy, Mines and Petroleum Resources. Services are also available via toll-free telephone and the Internet.
Energy/Mining Focus? While this initiative is not specifically targeted at energy or mining projects, FrontCounterBC chairs regional Independent Power Project Teams and facilitates coordinated review of Independent Power Producer project applications.
Implementation The first FrontCounter BC Centre opened in September 2005. Offices now exist in 9 communities across British Columbia, and virtual services are available.
Results N/A.
BC Mining Plan Initiative – Protecting Workers, Protecting the Environment
Objective(s) Recommended management practices that advocate safe, environmentally responsible and sustainable mineral resource development.
Activities Joint partnership with the Mining Association of British Columbia and the Association for Mineral Exploration British Columbia.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Developed a Mineral Exploration Handbook in March 2006; revisions were made in early 2008 and scheduled to be posted in Spring 2008.
Results Handbook for Mineral and Coal Exploration in British Columbia (143 pp. in web version).
BC Mining Plan Initiative – Collaborate on Environmental Challenges
Objective(s) Harmonize provincial and federal fish and habitat management.
Activities Work towards harmonizing Fisheries and Oceans Canada and provincial fish and habitat management to reduce duplication and overlap.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining and oil and gas projects.
Implementation In progress – may collaborate with the Major Projects Management Office (MPMO).
Results In progress.
BC Mining Plan Initiative – Lead in Environmental Standards and Practices
Objective(s) Build on world-class environmental and reclamation guidelines by continuing to examine regulatory requirements with industry, labour, First Nations, NGOs and others.
Activities Review relevant sections of the B.C. Mine Health, Safety and Reclamation Code.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation 2008.
Results Code amendments to reflect health and safety recommendations resulting from the Sullivan inquest were made in early 2008. Code amendments to reflect no staking reserves for uranium come into effect in May 2008.
BC Mining Plan Initiative – Streamline Regulation
Objective(s) Develop a simplified approach to multi-agency exploration and mining approvals.
Activities
- Ministry of Energy, Mines and Petroleum Resources acting as coordinating agency.
- Increase presence of online information related to mine permitting.
- Review existing regulatory requirements to find additional opportunities for appropriate reductions while ensuring the integrity of environmental, health and safety standards.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation
- 2008.
- In progress.
- In progress.
Results
- Completed new guidelines for the Terms of Reference and Guidelines for Regional Mine Development Review Committees. A new Guide to Mine Permit Applications is under review.
- New initiatives:
- New application (Notice of Work) for mineral exploration (under review for implementation in 2008).
- Revisions to aggregate permitting, policies, and BMPs (under review).
- ePermitting – coordination with other agencies to develop online permitting tools (under review).
- Inter-agency coordination activities include:
- EAO/CEAA Galore Creek Pilot (completed 2007).
- Multi-agency review of the policy approach to mine projects (meeting held December 2007 with additional work expected in 2008).
BC Mining Plan Initiative – Aggregate Business Strategy Review
Objective(s) Develop a procedural framework that will guide an improved and streamlined aggregate management plan for the benefit of citizens and industry and that will enhance the protection of both the public and worker health and safety.
Activities Existing aggregate policies and operations are being reviewed for streamlining opportunities with permitting and governance.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Fall 2007.
Results Incorporated into the Business Transformation Project – scheduled for completion in the fall of 2008.
BC Energy Plan Initiative – Hydrogen Regulatory Framework
Objective(s) Establish standards for product design requirements, permitting and approval processes.
Activities Phase 1 – research and consultation; Phase 2 – draft amendments to regulations that apply to hydrogen energy applications.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation April 2008.
Results Scheduled for completion in 2010.
BC Energy Plan Initiative – Improvements to the Utilities Commission Act
Objective(s) Ensure that public utilities and the British Columbia Utilities Commission can carry out their functions in accordance with government policies set out in the Energy Plan.
Activities Amend the Utilities Commission Amendment Act..
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation May 2008.
Results Legislative amendments came into force on May 1, 2008, that provide the British Columbia Utilities Commission with direction and clarity on decisions regarding utility plans, projects, rates and contracts. Utility initiatives must now address specific energy objectives such as: GHG reductions, conservation and efficiency, clean/renewable resource use, and transmission capacity.
Energy Efficiency Standards Regulation
Objective(s) Regulated energy efficiency standards are up-to-date and relevant to market trends and key policy drivers.
Activities This initiative implements regular updates of regulated energy efficiency standards for energy-using equipment and manufacturing building components under the Energy Efficiency Act. The next update is expected in 2009.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Ongoing.
Results All regulations are "Citizen Centred," resulting in energy and cost savings and improved environmental quality through lower greenhouse gas and local air emissions.
Independent Power Producers Office
Objective(s) Establish an Independent Power Producers (IPP) office to coordinate the IPP portfolio province-wide in support of the BC Energy Plan (2007), greenhouse gas reduction goals, and optimizing government resources.
Activities Standardizing, streamlining and prioritizing IPP permitting in B.C. in consultation with regional offices and ministries/agencies. Supporting the success of FrontCounter BC as a single entry point for IPP applications. Serving as an IPP permitting information resource centre for the IPP sector and provincial staff. Facilitating integrated regional IPP project reviews and resolution of issues through the establishment of Regional Independent Power Project Teams (RIPP) chaired by FrontCounterBC. RIPP Teams coordinate and prioritize review of IPP applications by provincial and federal agencies.
Energy/Mining Focus? Yes, the focus is to encourage the development of clean and renewable energy in the province.
Implementation The B.C. government established the IPP office in the 2008/2009 budget process as a pilot to assist ministries in responding to this emerging energy sector, confirming its operation in the 2009/2010 budget.
Results Manage the IPP caseload to enable focus on those IPP applications with the most likelihood of success. Improved tools and processes for IPP applications and government staff.
BCUC Capital Expenditure Collar
Objective(s) British Columbia Utilities Commission (BCUC) capital expenditures collar encourages greater cost control on energy projects and more innovative project management.
Activities Implement an expenditure collar (i.e., ± 10 percent of projected capital cost). If within 10 percent of budget, savings or additional costs are shared equally between company and ratepayers. If cost overrun is >10 percent, the company is responsible for additional costs. Focus on costs with management control (often considered in hearing).
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Used several times in 2007.
Results Incentive for aggressive management of capital costs. Reduced need for monitoring costs throughout construction. Fewer incidents of approved project ending up more costly than higher cost bids. Encourages provisions in supplier contracts to ensure on-time delivery.
The Canada-British Columbia Agreement on Environmental Assessment Cooperation
Objective(s) The Harmonization Agreement forms the basis for continued effective and efficient cooperation where federal and provincial environmental assessment legislation applies to the same project. The agreement preserves each government's authority and legislative requirements, and establishes one contact in each jurisdiction to coordinate consultation.
Activities The agreement describes principles and procedures for carrying out cooperative environmental assessments.
Energy/Mining Focus? Yes, this agreement applies to energy and mining projects, as well as to other sectors.
Implementation Ministers' 1997 agreement was updated and renewed in 2004.
Results Approximately 70 percent of B.C. projects undergoing both a CEAA and provincial EA review are reviewed jointly with efforts to reduce overlap and duplication.
Resource Management Coordination Project
Objective(s) The Integrated Land Management Board (ILMB) is leading the Resource Management Coordination Project (RMCP) to coordinate natural resource management in the areas of sub-regional priority setting service plan alignment, staff and resource allocations, compliance and enforcement and First Nations consultation. This will result in expanded utility, efficiency and efficacy of government resources.
Activities The following three inter-agency teams have been struck at different levels in regional offices to identify opportunities for collaboration across provincial natural resource agencies, train existing staff and lead coordinating on major projects:
- Inter-Agency Directors Committee (IADC)
- Sub-Regional Management Committee (SRMC)
- First Nations Consultation Coordination Teams (FNCCT)
In addition, a specific initiative for coordinated compliance and enforcement related to IPPs was initiated in 2008/2009, and will continue to ensure improved enforcement activities.
Energy/Mining Focus? While this initiative is not specifically targeted at energy or mining projects, it does include a specific initiative for enforcement of activities related to IPPs. However, any gains in effectiveness that can be achieved through collaboration with other agencies will enhance governance for energy and mining projects.
Implementation Building on the success of the RMCP in targeted business areas, the ILMB Board of Directors is considering bolder transformation leading to broader operational integration. The IADC and SRMC leadership will develop and integrated business model that includes a clear long term vision, goals for the next 12-24 months and measures for assessing efficiency improvements.
Results Notable progress has been made in all sub-regions over the past year on cross-agency compliance and enforcement, and First Nations consultation coordination on major projects. Ministry representatives have participated in the FNCCTs, negotiations for Strategic Engagement Agreements, scoping for 4 Economic and Community Development Agreements, relationship building and information sharing.
Government of Alberta
Upstream Oil and Gas Policy Integration
Objective(s) To assess the current upstream oil and gas policies, legislation, and associated guidance documents; to identify integration opportunities and barriers; and to develop a framework for an improved integrated regulatory delivery system.
Activities
- A cross-Ministry project team led by Alberta Environment with Alberta Energy, Alberta Sustainable Resource Development, and the Alberta Energy Resources Conservation Board are partnering in project development and deliverables.
- Development of recommendations for an outcomes-based upstream oil and gas regulatory framework and integrated delivery model.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of upstream oil and gas energy projects; however, mineable oil sands projects are out of scope and other initiatives are addressing those issues.
Implementation October 2008.
Results Preliminary design of a new regulatory delivery model and a business case analysis to be used in the decision-making process for proceeding with implementation.
Sustainable Resource and Environmental Management (SREM)
Objective(s) To strengthen the ways in which Alberta Sustainable Resource Development, Alberta Environment, and Alberta Energy work together to become the best resource and environmental managers in the world.
Activities
- Cross-Ministry SREM Office established for two years to facilitate the implementation of Sustainable Resource and Environmental Management by Alberta Sustainable Resource Development, Alberta Environment, and Alberta Energy.
- Biweekly meetings of the Deputy Ministers of Alberta Sustainable Resource Development, Alberta Environment, and Alberta Energy.
- Biennial Joint Executive Committee meetings of Alberta Sustainable Resource Development, Alberta Environment, and Alberta Energy to evaluate and approve strategic deliverables.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Fall 2008.
Results
- Cross-Ministry Charter for Sustainable Resource and Environmental Management signed by the Executive Committees of Alberta Sustainable Resource Development, Alberta Environment, and Alberta Energy.
- Cross-Ministry policy integration framework developed for the three involved departments. Implementation plan currently under development.
- A Cross-Ministry SREM Strategic Plan is under development for the three involved departments.
Metallic and Industrial Minerals Mining Regulation
Objective(s) To ensure the province's regulatory regime for mining better meets the needs of the mineral industry and to better integrate the current processes and regulatory requirements into a single regulatory structure.
Activities Drafting is in progress on a new, consolidated regulation that will govern non-energy mining activities, including the approval process and ongoing operations. To provide direction in the development of the new regulation, consultations have been made with industry and an inter-agency committee.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Early 2009.
Results N/A (too early to determine).
Land-Use Framework (LUF)
Objective(s) The LUF is a cross-ministerial initiative that will set a provincial vision and outcomes for land use on both public and private land and outline a planning and decision-making framework that reflects provincial goals and priorities, achieving Alberta's long-term social, economic and environmental goals.
Activities Consultations included sector focus groups, stakeholder working groups, a cross-sector workshop, and public information and input sessions held in 15 locations across the province. As well, more than 3000 Albertans provided their input on land-use management issues by submitting completed Land-Use Framework workbooks. Drafting of the LUF is under way.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Fall 2008.
Results N/A (too early to determine).
Government of Saskatchewan
Regulatory and Service Enhancement Initiative
Objective(s)
- Enhance the business environment through regulatory, administrative, client service, policy, or other initiatives.
- Modernize the regulatory framework.
- Continue to protect the public's health and safety, workers, and the environment.
Activities
- Review of all regulations to ensure they meet the principles of good regulation.
- Sector working groups to identify and resolve regulatory barriers and opportunities to increase competitiveness.
- Annual public reporting.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Spring 2006.
Results N/A (too early to determine).
Oil and Gas Conservation Amendment Regulations
Objective(s) Provide a balanced approach to mitigating orphan wells and facility risk and liability, and provide more certainty to oil and gas investors.
Activities Conduct comprehensive consultations with oil and gas companies, associations, and stakeholders in the process of drafting new regulations.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Regulations drafted in spring 2007.
Results Amended regulations had the unanimous support of all three oil and gas industry associations.
Institutional Controls Act
Objective(s) Long-term management of mine sites with return to Crown land status following clean-up.
Activities Wide-spectrum consultations with industry and government combined with interjurisdictional research.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation March 2007.
Results Act and regulations enacted. They are the first of their type in Canada.
Review of Major Sectors Regulatory Processes Initative
Objective(s) To ensure the province's regulatory framework continues to meet the challenges of an evolving industry and to better align the framework with the province's economic, environmental and social objectives.
Activities To map out regulatory processes for major sectors of the economy, including mining and petroleum, and to identify specific issues.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy and mining projects.
Implementation Completed in 2002.
Results A regulatory review for the mining sector identified problems in the following general areas:
- Overlap and duplication.
- Lack of coordination within and between provincial government departments.
- Lack of guidelines to explain what actions industry is expected to take in a practical way.
- Difficulty in locating existing government information.
- Lack of technical/economic solutions for industry to meet government standards.
- Lack of technical information to judge industry proposals.
Best Management Practices for Mineral Exploration Initiative
Objective(s) To provide specific and easily understood guidelines and process to aid mineral exploration.
Activities Provide a set of 16 best management practices ranging from staking to camp setup and community engagement.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Ongoing and being updated.
Results Simplified the industry's understanding of the requirements to conduct exploration.
Information Management Initiative
Objective(s) Making existing government information more available.
Activities Geoportal to link existing information. Updating government data sets including mineral ownership and land restrictions.
Energy/Mining Focus? This makes all resources more available.
Implementation Ongoing.
Results To be available within a year.
Cost of Regulatory Delay Initiative
Objective(s) Determine cost of regulatory delay to government.
Activities Modeling of a hypothetical uranium mine to determine costs to government of a one-year regulatory delay.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Available in 2007.
Results A one-year delay has a cost of about $200 million to industry, $60 million to the provincial government and $40 million to the federal government.
Crown Land Administration and Management System Initiative (CLAMS)
Objective(s) Simplify the application for mineral rights and permits.
Activities Web enable the application of mineral registration, work permits, seismic permits, and potentially petroleum rights.
Energy/Mining Focus? The mining and energy sectors are important components.
Implementation Proposal.
Results For some components, it will reduce the time to issue rights and permits from months to weeks.
One-Stop Web Site – BizPaL Initiative
Objective(s) One-stop web site with information on business permits, licences and approvals required by all levels of government.
Activities Online customized information, based on responses to questions, on required permits, licences and approvals with links to more information for companies undertaking preliminary or advanced mineral exploration activities.
Energy/Mining Focus? The focus is on all business types; however, mineral exploration is an important industry sector added in 2007.
Implementation Implementation at the provincial and federal level is complete for Saskatchewan.
Results Mineral exploration businesses in Saskatchewan have access to comprehensive information (including costs, processes, online forms, inspections, etc.) about 67 potential federal, provincial and municipal permits, licences, registrations, leases, claims, guidelines, Best Management Practices, and other approval processes required to conduct exploration activities. Will save businesses significant time in navigating through the regulatory system.
SaskGrid
Objective(s) Allow government departments to reference and better manage Crown land for oil and gas, mining, etc.
Activities Develop a township fabric map for the province comprising surveyed (southern) and theoretic (northern) townships, and provincial legal subdivision coverage.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation December 2006.
Results Benefits oil and gas industry because many oil and gas leases are held at the legal subdivision level.
Promote Sharing of Environmental Monitoring Information
Objective(s) Implement a system for sharing environmental monitoring information that is received from federal, provincial, municipal, First Nations, and private sector programs.
Activities Evaluate and catalogue information, and make it accessible to authorized clients.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Spring 2007.
Results Draft report completed.
New Environmental Management Approach to Achieve Compliance
Objective(s) Encourage compliance while emphasizing performance and outcomes, rather than prescriptive regulation.
Activities Revise Saskatchewan Environment's legislative and regulatory framework in support of a new environmental management model that increases the range of tools to encourage compliance.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Initial risk assessment complete.
Results N/A (too early to determine).
Amended Forest Regulations for Mineral Development in Far North
Objective(s) Improve the opportunity for the mineral industry to expand its activity in Saskatchewan's far north.
Activities Amend regulations to address mineral developments and Orders in Council for contract approval and the operation of advisory committees.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Complete.
Results N/A (too early to determine).
Mineral Layer Parcel Identification – Petroleum Phase 1
Objective(s) Allow clients to easily identify the mineral layer parcels and which land titles relate to those parcels.
Activities Mineral Certification Priority Service, which offers tiered pricing depending on required turnaround times. Parcel Picture on Demand, which provides access to a GIS picture and data, linking the tile information to the parcel, with guaranteed turnaround times. Mineral Mapping Project, which will complete the Mineral Cadastral Ownership layer to 85 percent of the mineral ownership records.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy and mining projects.
Implementation N/A.
Results Resource-based customers, including the oil and gas industry, Saskatchewan Industry and Resources, and Information Services Corporation (land titles), will benefit through improved client service, time savings, and reduced paperwork.
Regulatory Modernization Council
Objective(s) The Regulatory Modernization Council (RMC) will guide and direct regulatory reform and business service priorities that will make it easier for businesses to do business and interact with government.
The Council will:
- Provide advice regarding proposed regulatory and service programs and policies;
- Make recommendations to the Enterprise Saskatchewan (ES) Board of Directors; and
- Assist the ES Board in monitoring progress towards meeting regulatory and service enhancement goals.
Activities The RMC might include:
- guiding the development of a single-window business portal;
- developing business service standards and codes of conduct;
- advising on a consultative regulatory registry for new and amended regulations;
- reviewing Saskatchewan's business fee structure and benchmarking those fees with those contained in other jurisdictions;
- evaluating current regulatory review processes like the Regulatory Impact Assessment and identifying any possible improvements;
- identifying potential opportunities to utilize alternative regulatory tools like performance-based regulations, self-regulatory frameworks, adopting standards and codes of practice, voluntary compliance, etc.;
- identifying opportunities to harmonize regulations and codes standards with other provinces and trading partners; and
- assessing opportunities to better coordinate Saskatchewan's regulatory reform and business service activities with federal government initiatives.
Energy/Mining Focus? This initiative is a government-wide action targeted at advancing business and economic development.
Implementation Summer 2008.
Results N/A (too early to determine).
Government of Manitoba
Online Access to an Exploration and Mining Guide
Objective(s) Improve access to government information regarding mineral exploration.
Activities Develop two web sites to provide improved information access.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving regulation of mining projects.
Implementation Completed.
Results
www.gov.mb.ca/stem/mrd/busdev/exp-guide/index.html
www.gov.mb.ca/iedm/mrd/busdev/exp-guide/index.html
National Orphaned/Abandoned Mines Initiative (NOAMI)
Objective(s) To become part of NOAMI.
Activities Discussions with federal/provincial/territorial partners regarding NOAMI.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Ongoing.
Results Ongoing.
Classes of Development Regulation Amendments
Objective(s) Streamline the process for alternative energy projects.
Activities Clarifying definitions and ensuring classifications are appropriate.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation May 2007.
Results Too early, ongoing. Another amendment will be proposed shortly to address wind issues.
Government of Ontario
Ministry of Energy and Infrastructure (MEI) – Proposed Green Energy Act (Bill 150)
Objective(s) Spark growth in clean and renewable sources of energy such as wind, solar, hydro, biomass and biogas in Ontario. Create the potential for savings and better managed household energy expenditures through a series of conservation measures.
Activities Following passage of the legislation, key activities would include:
- Creating a Feed-in Tariff that guarantees specific rates for energy generated from renewable sources
- Establishing the right to connect to the electricity grid for renewable energy projects that meet technical, economic and other regulatory requirements
- Establishing a one stop streamlined approvals process, providing service guarantees for renewable energy projects that meet regulatory requirements
- Implementing a 21st century "smart" power grid to support the development of new renewable energy projects, and prepare Ontario for new technologies like electric cars.
Energy/Mining Focus? Yes, this initiative will improve the regulation of renewable energy projects and increase energy conservation within the province.
Implementation Too early to determine.
Results N/A
Ministry of the Environment (MOE) – Delegation of Authority for Decisions From Minister to Director – Environmental Assessment and Approvals Branch
Objective(s) Delegation of authority from Minister to Director will allow faster decisions to be made on"bump-up" requests and voluntary agreements.
Activities Preparing Minister's statements to delegate decision-making authority for bump-up requests and voluntary agreements to the Director, Environmental Assessment and Approvals Branch, to allow faster decisions to be made.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Summer 2007.
Results N/A (too early to determine).
MOE Environmental Assessment Improvements Initiative
Objective(s)
- Revitalize the EA program - To ensure that proponents understand provincial rules for environmental planning and decision-making.
- Rebalance EA decision-making - To set out clear roles for all participants.
- Refocus the EA process - To ensure that the level of review and/or assessment reflects the potential that each proposal has to affect the environment (as defined by the Environmental Assessment Act).
The EA Improvements Initiative is focused on three priority sectors: energy, waste, and transportation/ transit. The proposed improvements will make the EA process more transparent and efficient for all stakeholders, allow for timelier approvals, achieve cost savings in the planning of projects, and protect the environment.
Activities
- Regulatory enhancements: Amending existing regulations under the Environmental Assessment Act (EAA) to allow faster decisions to be made (consists of various projects - see below).
- Operational enhancements: Developing and implementing procedures, guidance, and training to strengthen the conduct of EAs (consists of various projects - see below).
- Policy development: Developing policy options to redefine how the EA program is delivered and managed.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects. It relates to the broad EA program.
Implementation Various (ranges from November 2006 to 2008).
Results N/A (too early to determine).
MOE – Amendments to the Electricity Projects Regulation, O. Reg. 116/01, and the Guide to Environmental Assessment Requirements for Electricity Projects
Objective(s) As part of the overall EA Improvements Initiative, the Ministry is proposing improvements to the existing environmental assessment requirements for electricity projects to clarify and remove duplicate provisions, update the requirements, and add provisions to address new technologies.
Activities Proposed amendments to O. Reg. 116/01 and revisions to the companion Guide to Environmental Assessment Requirements for Electricity Projects to be posted on the Environmental Bill of Rights Environmental Registry for public comment.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Environmental Bill of Rights posting of proposed improvements currently on hold.
Results N/A (too early to determine).
MOE – New Waste Management Projects Regulation, O. Reg. 101/07
Objective(s) The Waste Management Projects Regulation will make the environmental assessment process for waste management projects clear, consistent and transparent for municipalities, the private waste industry, and the public.
Activities As part of the overall EA Improvement Initiative, the Ministry has made a new Waste Management Projects Regulation, O. Reg. 101/07, under the Environmental Assessment Act. The regulation classifies waste projects based on the type of waste, the size, and in some cases, the ability to generate electricity.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects. The regulation sets out EA requirements for waste thermal treatment facilities that generate electricity.
Implementation O. Reg. 101/07 made in March 2007.
Results N/A (too early to determine).
MOE – Development of Codes of Practice
Objective(s) Codes of practice will provide clear direction and guidance on key aspects of Ontario's EA program and roles of all participants.
Activities Developing five prescriptive codes of practice and one guide as follows:
- Terms of Reference (ToR) Code of Practice;
- Mediation Code of Practice;
- Consultation Code of Practice;
- Individual EA Code of Practice;
- Class EA Code of Practice;
- Guide on Federal-Provincial EA Coordination.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects. Several of the codes will assist proponents of electricity projects and the public and agencies reviewing these projects.
Implementation Various (ranges from June 2007 to December 2007). Four of the Codes were approved in May 2007. Remaining Codes were approved October 2008 and publicly released November 2008.
Results N/A (too early to determine).
MOE – Electricity Team
Objective(s) The Ministry is supporting the Ontario government's goal to increase the supply of electricity from new renewable and clean energy projects by ensuring that any environmental assessment and approval requirements for energy projects proceed in a timely manner while maintaining environmental protection.
Activities The Ministry has formed an Electricity Team to ensure timely application reviews for new electricity projects in the province. A priority is placed on these projects and internal process changes have been put in place to expedite application review.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Electricity Team formed in April 2005.
Results Since the Team was formed, over 70 government-supported electricity projects have completed all EA and MOE approval requirements. The Team is currently (March 2009) tracking an additional 85 government-supported electricity projects that are actively pursuing EA and/or MOE approval requirements.
MOE – Energy and Infrastructure/Environment Information Exchange Meetings
Objective(s) The Ministry arranges and chairs quarterly energy/environment information exchange meetings to facilitate sharing of information and initiatives related to energy/electricity projects and environmental approvals among provincial ministries.
Activities Quarterly meetings to update other provincial ministries on ongoing and potential future initiatives related to energy/electricity projects and environmental approvals. Ministries represented include: Energy and Infrastructure, Environment, Natural Resources, Municipal Affairs and Housing, and Agriculture, Food and Rural Affairs.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Energy and Infrastructure/Environment Information Exchange Group formed in November 2004.
Results Feedback has been that this is a useful forum for exchanging information and staying informed about the many ongoing and potential future initiatives related to energy/ electricity projects and environmental approvals in the various ministries.
MOE – Government Review Team Protocol
Objective(s) The Protocol will provide Ministry expectations to the Government Review Team on how to review environmental assessment documents.
Activities Protocol has been completed.
Energy/Mining Focus? Will assist the broader EA program; may assist with the government review of major transmission facility EAs.
Implementation Summer 2008.
Results N/A (too early to determine).
MOE – Integration of Planning Processes
Objective(s) An inter-ministerial working group has been struck to look at ways of integrating various planning processes, specifically with respect to establishing the need or rationale for a project and examining the alternatives to a project.
Activities Developing an Options Paper.
Energy/Mining Focus? Will assist the broader EA program; may assist with the government review of major transmission facility EAs.
Implementation Spring 2009.
Results N/A (too early to determine).
Ministry of Natural Resources (MNR) – Waterpower Industry Executive Dialogues
Objective(s) To provide a forum for government and industry executives to discuss issues affecting the development of waterpower in Ontario (led by MNR and the Ontario Waterpower Association).
Activities Meetings held twice a year. Representation from key Ontario government ministries and agencies, and the federal government, e.g., MNR corporate, policy and field services executives, Finance, Energy and Infrastructure, Environment, Aboriginal Affairs, Ontario Power Authority, Independent Electricity System Operator, and Fisheries and Oceans Canada.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation 2002.
Results The executive dialogue has proven to be an effective form for discussing issues, concerns and possible solutions, and for informing policy and program development. Participation has gradually expanded to include more ministries and agencies, reflecting its growing importance as an opportunity for information exchange.
MNR – Renewable Energy Directors Committee
Objective(s) To provide a forum for senior management in Ontario government ministries to discuss strategic policy issues related to renewable energy.
Activities Meetings every six to eight weeks.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation 2005.
Results The committee is a useful forum for discussing and exchanging information on government initiatives, coordinating action and problem solving.
MNR – Inter-Ministerial Communications Strategy for Renewable Energy in Ontario
Objective(s) In support of the proposed Green Energy Act (Bill 150) and in co-operation with MEI, to provide clear messages to Ontarians about the benefits of renewable energy. To clarify MNR's role in renewable energy approvals on Crown land and serve as the basis for helping people appreciate and embrace renewable energy projects.
Activities Collaboration to create:
- Provincial renewable energy communications working group
- Products to raise the profile and increase understanding e.g. – inter-ministerial Renewable Energy web site, Power of Water vignettes.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Inter-ministry renewable energy communications working group two-day session (March 2008) to set collaborative strategy. Engage the Ontario Waterpower Association and the Waterpower Working Group in production and distribution of meaningful tools.
Results Renewable energy web site; the development of one-window access to Ontario government role in renewable energy, to educate and engage the public, and to help industry engage local communities; release by June 2009. Provincial renewable energy display; June 2008 World Wind Energy conference, with ongoing use (e.g. Ontario Waterpower Association Conference (Oct. 2008, 2009). The Power of Water; series of four 5-minute vignettes on the history of waterpower in Ontario, how waterpower works, community benefits, and the future of waterpower in Ontario. Aboriginal Community Guide to Waterpower; a 50-page overview of the many considerations involved in the development of a waterpower project including site viability, business models, environmental considerations and transmission.
MNR – Amendments to 2004 Waterpower Site Release and Development Review Policy
Objective(s) To reduce complexity, costs and administrative burden to industry, Aboriginal communities and MNR staff associated with releasing waterpower opportunities located on Crown land up to 10 MW.
Activities Amendments such as: a) non-competitive release process increased from 1 MW to 10 MW, aligning with Ontario Power Authority's Standard Offer Program threshold; b) enhanced process for screening sites prior to awarding opportunities; c) better environment for fostering business-to-business relationships between industry and Aboriginal communities; and d) early public notification to help proponents identify interested parties more quickly.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation May 21, 2007.
Results Amendments to the Waterpower Site Release and Development Review Policy and Procedure have been well-accepted and effectively adopted by staff and proponents alike.
MNR – Amendments to 2005 Windpower Site Release and Development Review Policy
Objective(s) To reduce complexity, costs and administrative burden to industry and MNR staff associated with releasing windpower opportunities located on Crown land.
Activities Major amendments to the site release process included:
- Removing the 20-day holding period for overlapped applications and implementing a stricter "first-come, first-serve" process to provide for streamlining
- Removing the 3-application limit
- Moving the site testing ahead of achieving Applicant-of-Record status in the process
- Early public notification to help proponents identify any affected parties more quickly.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation February 2008.
Results Amendments to the Windpower Site Release and Development Review Policy and Procedure were rolled-out in 2008 and have been effectively adopted by staff and proponents alike.
MNR – Tripartite Waterpower Working Group
Objective(s) To provide a forum for MNR, the waterpower industry and Aboriginal communities and organizations to review experience and ways for improving the implementation of the Waterpower Site Release and Development Review Policy; to foster collaboration and cooperation and to raise awareness and understanding of the value of waterpower and build capacity within the participating groups.
Activities The Waterpower Working Group (WPWG) meets 6-8 times per year in person and by teleconference to: track policy implementation; to have industry and Aboriginal representatives discuss interests and opportunities for mutual gain (i.e., ways for achieving policy objective of sharing project benefits with local Aboriginal communities); and to discuss needs and ways for addressing them, e.g., capacity building. The WPWG develops an annual business plan and budget is supported financially by the ministries of Natural Resources, Energy and Infrastructure, Aboriginal Affairs and by the Ontario Waterpower Association.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy (waterpower) projects and on building opportunities for Aboriginal communities to participate in these projects.
Implementation November 2004.
Results The WPWG has been a very important forum for government, industry and First Nations to discuss and resolve issues, as a basis for building acceptance and support for moving forward with the redevelopment and development of new waterpower facilities in Ontario. Over 70 Aboriginal communities have participated in workshps to-date. The WPWG provided crucial advice to help update MNR's Waterpower Site Release and Development Review Policy, has sponsored 3 "Building Capacity Together" workshops, and is currently developing an "Aboriginal Community Guide to Waterpower" and 4 short introductory video vignettes on waterpower for public distribution.
MNR – Updating of Renewable Energy Internet, Intranet and Extranet
Objective(s) To provide more comprehensive information about MNR and other agencies' roles and responsibilities in renewable energy development and opportunities in Ontario. To provide efficient access to ministry policies, procedures and forms that govern the Crown land site release and development review process. Significant changes anticipated in light of the proposed Green Energy Act (Bill 150).
Activities
- Internet site: refreshed to improve public accessibility; linked renewable energy to climate change and other MNR resource management initiatives; host to the Winpower and Waterpower resource atlases.
- Intranet: quick access to information and tools on renewable energy provided to staff.
- Extranet: hosts resources which guide developers through the Crown land renewable energy project application process.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Internet: Summer 2008; Intranet: Due for refresh in Winter 2009; Extranet: Ongoing since May 2007.
Results The Internet has been corporately refreshed. Extranet: Key mechanism for disseminating information to industry clients and other interested parties about opening of windows of opportunity; a key medium for business service delivery. MNR has almost 2000 subscribers to the Extranet.
MNR – Review of Water Management Planning for Waterpower
Objective(s) To improve the effectiveness and efficiency of the planning process for setting and regulating flows and levels at Ontario waterpower facilities. To ensure planning process fairly considers all values affected by planning, e.g., natural environment and socio-economic, including waterpower as a GHG offset and contribution to reliable supply of electricity (system flexibility).
Activities Joint MNR-Ontario Waterpower Association-led review of Water Management Planning Guidelines for Waterpower, and results applied to >70 Water Management Plans.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Fall 2008.
Results Workshop with industry was held July 2007; a report is being prepared to summarize workshop findings.
MNR – Development Guidelines for Government Staff and Proponents to Mitigate Adverse Effects of Renewable Energy Projects
Objective(s) To provide state-of-the-art criteria and guidelines for the review and approval of waterpower and wind power projects, and ways for mitigating the adverse effects of projects on natural and socio-economic values. Improve the quality of data to support decision-making.
Activities Updating Criteria and Guidelines for Review and Approval under the Lakes and Rivers Improvement Act; preparation of guidelines for mitigating effects of windpower on birds and bats; preparation of guidelines for mitigating effects of waterpower development on aquatic ecosystems and socio-cultural and economic values; improvements to Natural Heritage Information Centre rare species database to inform decision-making for siting wind power projects.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Ongoing.
Results Criteria and Guidelines for Review and Approval under the Lakes and Rivers Improvement Act and guidelines for mitigating effects of waterpower development on aquatic ecosystems and socio-cultural and economic values have now been prepared. Natural Heritage Information Centre rare species database has been upgraded to inform decision-making for siting wind power projects. Provided guidance and achieved a common understanding of the required bird and bat studies.
MNR – Gross Revenue Charge Policy and Procedural for Waterpower
Objective(s) To establish clear, efficient, effective guidance for proponents and to determine the eligibility for relief from liability to pay the Gross Revenue Charge for either new, redeveloped and upgraded waterpower stations.
Activities Development of Gross Revenue Charge (GRC) policy, procedure and implementation of the application review process. MNR determines proponent's eligibility for 100 percent or marginal tax deduction depending upon project type. Proponents may receive notices at planning stage (interim determinations) to help inform project development and project financing, with appeal process for decisions.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Fall 2008.
Results Applications are being accepted and processed using the new GRC policy and procedure.
MNR - Renewable Energy Science Strategy
Objective(s) To reduce the uncertainty and associated risk in meeting objectives related to the development and operation of renewable energy facilities, including clarity regarding regulatory oversight.
Activities Build knowledge; develop tools/methods/models to aid program implementation, and effective transfer of knowledge, tools and methods through communication and training.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation June 2008.
Results Strategy has been released and is being implemented.
Ontario Energy Board (OEB) – Filing Requirements for Transmission and Distribution Applications
Objective(s) Establish Board filing requirements for rate applications and for leave to construct applications.
Activities Review by electricity transmitters and distributors in the province - approval by the Ontario Energy Board.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation November 2006.
Results In use - for filing electricity rate and leave to construct applications - provides detailed descriptions of types of information and level of detail required to file such applications.
OEB – Environmental Guidelines for Hydrocarbon Projects
Objective(s) New edition of Environmental Guidelines to reflect changes to review procedures and to update legislative changes.
Activities Review by other government agencies and gas distributors in the province; approval by the Ontario Energy Board.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation September 2009.
Results New edition to reflect changes in process and procedure: for applications for leave to construct new pipeline and gas storage facilities; provides detailed descriptions of types of information and level of detail required to file such applications.
OEB – Increased Delegation of Board Authority for Approval of Non-Controversial Projects
Objective(s) Reduce approval times by reducing the workload on board members and senior management to concentrate on larger and sometimes controversial issues; also reduces timelines for administrative reviews.
Activities Review of application types that are eligible for delegation - ensure that there are guidelines in place for the delegated authority in order to make decisions on applications.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation December 2006.
Results In use for all licensing applications, for all franchises and certificates of public convenience and necessity.
OEB – Multi-Year Rate Setting
Objective(s) Allows for long-term planning horizons by regulated utilities and encourages investment in critical infrastructure.
Activities Approval of incentive regulation or performance-based regulation for gas utilities.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Five-year plan effective January 2008 to December 2012.
Results N/A.
OEB – Application Process Standardization
Objective(s) To streamline regulatory process, reducing cycle times and therefore costs to participants and staff.
Activities Standard forms and information requirements for applications. If information requirements are not met, application is considered incomplete. Automated hearing process including transcripts that can be annotated as they are occurring. Electronic filing by virtually all parties. Use Internet aggressively for live communications.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Forms for license applications and standardized information requirements for other application types. Ongoing.
Results Reduced review/processing times and reduced risk to applicants that applications information will be incomplete.
OEB – Electronic Filings and Access to Evidentiary Record
Objective(s) To streamline the regulatory process, reducing cycle times and therefore costs to participants and staff.
Activities Automated hearing process including transcripts that can be annotated as they are occurring. Show exhibits electronically in hearing so all parties can follow. Electronic filing by virtually all parties. Use Internet aggressively for live communications.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Ongoing.
Results Time saving for hearings and processing of the application; greater accessibility to hearing and regulatory process.
OEB – Eliminate Requirement for Approvals for Gas Storage Contracts That Are Market Based
Objective(s) The Board determined that there is a competitive market for certain aspects of natural gas storage and is refraining from regulatory oversight of those aspects deemed to be competitive.
Activities No approvals or Board review required from competitive gas storage activities.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Ongoing.
Results Reduced hearings and regulatory oversight.
OEB – Develop Performance Metrics Specifying the Processing Time for Specified Applications
Objective(s) Regulatory certainty and efficiency.
Activities This is an expansion of the types of applications that are subject to performance metrics (i.e., well drilling, license types).
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Ongoing.
Results Efficient processing of application.
Ministry of Northern Development and Mines (MNDM) – Online Project Definition Template
Objective(s) To help proponents develop a better understanding of the potential scope of their project and of the possible information needs of regulators when reviewing it, and to optimize and speed up the regulatory response.
Activities Create an online/downloadable Project Definition Template that proponents can discuss and complete with provincial Mineral Development Officers. The template, once completed, can be re-submitted in hard copy or digitally and used within government to help optimize government's advice/response to the proponent.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy and mining projects.
Implementation January 2008.
Results N/A (too early to determine).
MNDM – Online Practitioner's Guide
Objective(s) To help proponents understand, in plain language, how to navigate Ontario's mineral sector permits and approvals system and to encourage proponents to start thinking early about the scope of the issues related to permitting their planned project.
Activities Create an online/downloadable guide for proponents.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation January 2008.
Results N/A (too early to determine but some very positive verbal feedback is being reported from some clients).
MNDM – First Nation's Location and Notification Tool
Objective(s) To assist First Nation communities to understand what exploration/mining activity is occurring on the land and to assist explorers and miners to understand the extent of potentially impacted FN communities.
Activities Issue quarterly maps and reports to FN communities throughout Ontario illustrating the location of claim-staking activity in their regions. Issue lists of potentially affected FN communities to newly recorded mineral claim holders.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation First quarter of 2008.
Results N/A (too early to determine).
MNDM – Develop a "One-Window" Coordination Process to Assist Proponents
Objective(s) Improve service delivery standards for mineral sector proponents through greater coordination of involved regulatory agencies within government. Make the process more transparent and understandable to mineral sector proponents.
Activities Create a working framework that clearly articulates the roles, responsibilities and expectations of involved government ministries and agencies in the mineral sector permits and approvals process.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Second to third quarter of 2008.
Results N/A (too early to determine).
Government of Quebec
Proposals to Modify the Environmental Impact Assessment Process
Objective(s) To simplify and make more efficient the environmental impact assessment process, by various measures and by better scoping and targeting requirements with respect to the type of project and potential impacts.
Activities The proposals have been developed by the Ministère du Développement durable, de l'Environnement et des Parcs, and have been submitted to the ministerial authorities.
Energy/Mining Focus? No, this initiative does not specifically target energy and mining projects.
Implementation Too early to be determined. Also, there will be many dates, since some measures require only administrative changes, others require some regulatory adjustments, and some options would require legislative adjustments.
Results N/A.
Proposals to Make Environmental Regulations More Target-Based and Oriented Towards Market Mechanisms
Objective(s) The Ministère du Développment durable, de l'Environnement et des Parcs, has undertaken a complete revision of the Environment Quality Act to adapt it to reflect the new approaches to environmental protection.
Activities A discussion paper has been produced and a consultative group has advised the Minister.
Energy/Mining Focus? Yes, targets all sectors, both for existing facilities and for the monitoring of new projects.
Implementation To be determined.
Results
Proposals to Better Integrate Consultation of Aboriginal Communities Into the Authorization Processes
Objective(s) Integrate consultation and accommodation of Aboriginal communities in relation to initiatives that may affect their rights.
Activities In connection with environmental assessments and the issuing of various authorizations, the Aboriginal communities may be consulted to various extents at various stages in the process.
Energy/Mining Focus? Yes, most of the energy-related projects, particularly the hydro-electric and wind turbine projects, are targeted by these consultations.
Implementation Under way.
Results
Strategic Environmental Assessments on Marine Hydrocarbon Development Program
Objective(s) Better understand the marine environment to better reconcile oil and gas exploration and development with marine species protection, and harmonize that exploration and development with, among other things, commercial fishing and marine mammal observation tourism.
Activities Production of a study and guide for better reconciling oil and gas exploration and development with marine species protection and other uses of the environment.
Energy/Mining Focus? Yes, marine oil and gas exploration and development (Gulf of St. Lawrence).
Implementation Dates of the various stages have yet to be determined.
Results Production of the study and guide by a consulting firm.
Draft Regulations on Air Pollution Control
Objective(s) Replacement of the Quality of the Atmosphere Regulation with regulations on air pollution control (Règlement sur l'assainissement de l'atmosphère).
Activities Revise all the air emissions standards on the basis of the various sectors and introduce ambient air standards.
Energy/Mining Focus? Yes, all sectors producing or using hydrocarbons or other fuels.
Implementation Draft regulations were published in 2005-2006, and comments and opinions were submitted to the Ministère du Développement durable, de l'Environnement et des Parcs. Adoption of the regulations to come.
Results
Policy on Public Transit
Objective(s) Implementation of the Quebec policy on public transit (Politique québécoise du transport collectif).
Activities Putting in place seven assistance programs.
Energy/Mining Focus? Improving the energy efficiency of road transportation and reducing greenhouse gas emissions.
Implementation Under way.
Results To come.
Biogas Program
Objective(s) The biogas program (Programme Biogaz) is designed to provide financial support for projects to capture and eliminate or upgrade biogases from landfill sites.
Activities The program targets biogas development projects designed to replace or avoid use of a greenhouse-gas-emitting energy source at landfills.
Energy/Mining Focus? Reduction of greenhouse gases and availability of an alternative fuel.
Implementation Under way.
Results
Regulations on Light-Duty Vehicle GHG Emissions
Objective(s) Adoption of strict standards for motor vehicle emissions.
Activities
Energy/Mining Focus? Energy efficiency, reduction of GHG and air emissions in general.
Implementation To come.
Results
Quebec's Energy Authority (Régie de l'Energie)
Objective(s) To improve communication and trust between regulated companies and stakeholders in order to reduce regulatory complexity and shorten timelines, to improve the regulatory process, and to discuss possible solutions for specific issues.
Activities Each year a one-day facilitated workshop is held to address:
- What should the Régie do to improve regulatory processes?
- What are you ready to do to help the Régie achieve these goals?
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Commenced in 2005.
Results Improved communication between stakeholders. Greater level of trust between regulated entities and intervenors. Improvement in regulatory processes. Feedback from stakeholders on Régie processes.
Government of New Brunswick
Pipeline Act
Objective(s) Provide a clear and modern regulatory environment for new pipeline projects planned for New Brunswick.
Activities New Pipeline Act.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation 2005.
Results The Pipeline Act consolidates and modernizes previous pipeline safety legislation under a single act and creates a common, integrated, multi-disciplinary regulatory approval process for pipeline projects. It expands the scope of coverage to include pipelines carrying gas for export.
Amendments to the Pipeline Act
Objective(s) Streamline permitting of pipelines in petroleum field operations and clarify certain sections of the Act.
Activities Amendments to the Pipeline Act. Discussions are planned between the Energy and Utilities Board and Department of Environment, with participation of the Department of Natural Resources and external stakeholders.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Legislative amendments are planned for early 2010.
Results Amendments being proposed aim to create a more efficient, streamlined Act.
Gas Distribution Act
Objective(s) To update, expand and consolidate the Province's laws on gas distribution and regulation previously found in the Gas Distribution Act (1981), Pipe Line Act, Public Utilities Act, Underground Storage Act and Municipalities Act.
Activities New Gas Distribution Act.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation 1999.
Results The Act consolidated and modernized previous legislation under a single act and was created to reflect the path New Brunswick had initiated with respect to development of a natural gas infrastructure.
Amendments to the Gas Distribution Act
Objective(s) Reduce the regulatory burden on the province's developing natural gas distribution system.
Activities A series of amendments were made to the Gas Distribution Act (1999) that came into force in 2005.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Fall 2005.
Results The mandatory seven-year review of the province-wide distribution company was removed to allow the Energy and Utilities Board to use discretion regarding the frequency of reviews. Flexibility was added to allow amendments/updates to franchise agreements to reflect changes in the operating environment, e.g., market conditions, insurance requirements, etc.
Elimination of Regulatory Overlap and Duplication (Red Tape) Within New Brunswick
Objective(s) Eliminate elements of duplication and overlap of legislative requirements that exist between different government departments and at different levels of government.
Activities During the drafting of the new Petroleum Act, significant effort was made to eliminate those tasks that were already being done by other provincial departments. Efforts continue to eliminate duplication and overlap with respect to agencies such as District Planning Commissions.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of resource projects.
Implementation This activity is ongoing, with no specific date set for completion.
Results Good progress made with departments such as Environment, Public Safety, the Workplace Health, Safety and Compensation Commission (WHSCC), and the Energy and Utilities Board (EUB). Other areas still require work such as the rural and district planning commissions.
Administrative Improvements to the Environmental Impact Assessment Process
Objective(s) To provide better information to the public and stakeholders on the Environmental Impact Assessment (EIA) process, to promote public contribution to the EIA process, and to enhance the turnaround time for the EIA process to the extent within the control of the Department.
Activities Amendments have been made for:
- An enhanced website, a revised guide to the EIA process and a new brochure.
- Minimum standards for proponent-sponsored public involvement are now required by the Department to ensure that opportunities for public involvement are provided by proponents, for all registered projects within 60 days of project registration.
- A revised and enhanced Registration Guide, 17 Sector-specific supplements to the generic Registration Guide.
- A renewed Memorandum of Understanding between Project Assessment Branch and the Technical Review Committee, reinforced authority for the Department's Project Managers and provision for pre-submission consultation between proponents and the review committee in advance of formal registration.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy and mining projects.
Implementation November 2004.
Results In terms of the transparency initiative, by the fact that there is an enhanced web site, updated registration guide, and required public outreach with every registration, it can be concluded that the results of this initiative have improved the transparency of the EIA process for New Brunswick. In terms of the streamlining initiative that included a renewed MOU and pre-submission consultation, an internal 90 to 120-day turnaround time target has resulted in an increased turnaround of registrations. For projects that were registered in 2005, approximately 75 percent of the projects met the internal turnaround time target, and for those that did not, the reasons were outside the control of the Department.
Fire Prevention Act
Objective(s) To ensure that only licensed people will be allowed to install or alter oil burning systems.
Activities Amendments to the Fire Prevention Act were completed in the fall of 2007 to make oil burner mechanic trade compulsory. The N.B. Department of Public Safety is now in the process of preparing the necessary regulatory changes for consideration by government.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy and mining projects.
Implementation Summer 2009.
Results Results are intended to be increased safety and efficiency of oil burning devices and fewer spills due to improper installation of petroleum storage tanks.
Energy and Utilities Board Act
Objective(s) To consolidate and modernize legislation.
Activities New Energy and Utilities Board Act drafted.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation January 2007.
Results The Energy and Utilities Board Act replaced the Public Utilities Act (which came into force in 1911). Regulatory elements that were common to multiple sectors such as natural gas distribution, electricity and pipelines, were consolidated into the Energy and Utilities Board Act.
Energy Efficiency Act
Objective(s) To modernize legislation and to update energy efficiency regulations to eliminate the least efficient equipment from the market with an aim to reduce energy consumption and associated air emissions.
Activities The New Brunswick Energy Efficiency Act (1992) provides authority to regulate minimum energy efficiency levels in energy using equipment or equipment affecting the use of energy and is under review. Updates may be proposed to the regulated minimal energy efficiency levels in energy-using equipment or equipment affecting the use of energy.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Legislative amendments are being considered for early 2010.
Results Updates to the regulated energy efficiency level standards of energy-using equipment or equipment affecting the use of energy. Changes will contribute to New Brunswick's environmental and economic objectives by decreasing energy use, greenhouse gas emissions and energy costs for consumers.
Liquefied Natural Gas Regulatory Framework
Objective(s) Assess and implement a model framework to address specialized regulatory requirements for the operation of an LNG storage and regasification facility.
Activities Discussions between the Department of Energy, the Department of Public Safety, the Department of Environment, the Department of Post-Secondary Education, Training and Labour, WorkSafe NB and an independent consultant.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Assessment was completed in the fall of 2008. No LNG specific amendments were necessary.
Results Intended to provide improvements to the regulated environment for LNG operations, permitting greater predictability, best industry practices, and certainty for the operator of an LNG facility to meet compliance standards.
Online Mineral Permits Information
Objective(s) To reduce process uncertainty, thereby resulting in less wasted time and effort on the part of both industry and regulators.
Activities Clear explanation on Department of Natural Resources web site of:
- Required steps in applying for exploration and mining permits,
- Nature of information sought under provincial legislation.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation 2006.
Results Positive feedback from industry on information provided online.
Development of Industry Guidelines
Objective(s) To reduce process uncertainty, thereby resulting in less wasted time and effort on the part of both industry and regulators.
Activities Guidelines for exploration activities.
Guide to mine approval process, incorporating:
- Guide to drafting a reclamation plan (completed).
- Guide to drafting a feasibility study (pending).
Links to Department of Environment EIA requirements, Watercourse and Wetland Alteration permitting requirements.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation 2006.
Results Too early to determine.
Provision of Technical Information
Objective(s) Assist in the drafting of mining lease applications.
Activities Geological maps and databases available, GIS system and electronic resource allocation and minerals management system now under development.
Energy/Mining Focus? Yes, this initiative is targeted at improving energy and mining projects.
Implementation 2008.
Results In progress.
Reduce Duplication in Regulatory Process
Objective(s) To reduce process uncertainty, thereby resulting in less wasted time and effort on the part of both industry and regulators and to reduce/eliminate duplication.
Activities In discussion with provincial planning commissions to eliminate duplication in permitting process and possibly conflicting requirements of local and provincial legislation.
Energy/Mining Focus? Yes, this initiative is targeted at improving energy and mining projects.
Implementation 2008.
Results In progress.
Provide Research Support
Objective(s) Improve or meet regulatory requirements.
Activities Indirect support through programs such as Mine Environmental Neutral Drainage (MEND) and NOAMI.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Ongoing.
Results In progress.
Develop a "One-Window" Process to Assist Proponents
Objective(s) Guide proponents through regulatory process.
Activities Standing Committee on Mining and the Environment, which comprises representatives from the Department of Natural Resources, Department of Environment, and Environment Canada to present a one-window to applicants.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Began in 1988.
Results Provides guidance to proponents regarding process and required elements of applications. Results in less wasted time and effort on the part of both industry and regulators.
Petroleum Act
Objective(s) With regard to the exploration and development of petroleum resources, develop comprehensive legislation that is streamlined and transparent. Be less prescriptive, relying on good industry practices through reference to established guides and standards.
Activities New Petroleum Act drafted, regulations in progress.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Petroleum Act received Royal Assent on May 30, 2007. Will be proclaimed when regulations have been finalized, expected before the end of 2008.
Results N/A (too early to determine).
Common Approach to Onshore Oil and Gas Regulation in Atlantic Canada
Objective(s) Develop regional policy to allow streamlining and harmonization of onshore oil and gas legislation.
Activities Dialogue has been undertaken with representatives of the Atlantic provinces in an effort to move towards a regional approach - creating a uniform set of guidelines and/or policies to attract petroleum resource exploration and development.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Early stages, no date set.
Results N/A.
Government of Nova Scotia
Better Regulation Initiative
Objective(s)
- Reduce the effort for business to comply with regulations;
- Improve quality of regulations;
- Increase compliance with regulations;
- Report and demonstrate progress.
Activities
- Provide a baseline inventory and consistent approach for tracking progress;
- Help government understand the impact of paperwork on business (including the cumulative impact of multiple departments);
- Competitiveness and Compliance Initiative;
- Small Business Solutions Initiative.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Spring 2005, reduce paperwork burden 20 percent by 2010.
Results N/A (too early to determine).
Online Access to Forms
Objective(s) To ensure that government clients have easy access to prescribed forms required to do business with government.
Activities Putting digital versions of forms on-line for download by clients.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation 2007.
Results Digitally acquired forms are now widely used, particularly in the mineral rights registry.
Mineral Rights Registry Automation
Objective(s)
To transfer the mineral rights registry from a paper-based to a fully digital system.
To provide clients with on-line, remote access to claim staking and maintenance.
Activities Completing a detailed model of information flow and business practice for the registry. Contract to develop software has been let and development is in progress.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Fall 2008.
Results In progress.
Upgrade Mineral Registry Map Projections
Objective(s) Bring mineral claims maps into conformity with map projections in use elsewhere in the province and to allow mineral claims information to be easily compared with other map-based information (e.g., land registry). Upgrade base from NAD27 to NAD83.
Activities Extensive consultations with clients to inform them of the impacts on their existing claims. Production of a new set of claims maps on the NAD83 projection.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation 2006.
Results Successfully completed, few complaints from mineral rights holders were easily dealt with; general approval for updated map system.
Nova Scotia Pay for Performance Board Members
Objective(s) To encourage timely, efficient and cost-effective regulation and to encourage excellence by Board members.
Activities Up to 15 percent of income is based on performance (20 percent the organization, 80 percent the individual). Individual criteria include timeliness of decisions, excellence in decision writing and hearing administration, organization and efficiency, leadership, collegiality, and the highest standard of ethical behaviour. Has an impact on following year salary level.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Commenced fall 2005.
Results Improvement in timeline for decisions. Buy-in from stakeholders, including government.
Energy Efficient Appliances Act Update
Objective(s) To ensure that Nova Scotia's Energy Efficient Appliances Act is aligned with the federal act and to ensure appliances manufactured/sold in Nova Scotia meet a minimum efficiency level.
Activities Review existing federal and provincial energy efficiency regulations. Update Nova Scotia regulations to align with other jurisdictions.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation January 2008.
Results N/A.
EnerGuide 80 by 2011
Objective(s) To require that all new single family homes be built to meet EnerGuide 80 designation by 2011 and to provide builders, homeowners and developers with clear guidelines with regard to energy efficiency in new home construction.
Activities Draft legislation that will include mandatory EnerGuide labelling by January 2008. Initial consultation with builders, developers and municipal governments.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation January 2011.
Results N/A.
Development of a Modern Regulatory Approach
Objective(s) To develop energy legislation that consolidates existing legislation consistent with a modern regulatory approach.
Activities Working with technical experts to ensure the province's regulatory approach is consistent with best practices in other parts of Canada and protects the public interest in Nova Scotia. Consulting with stakeholders. Identifying and analyzing policy issues. Review the draft Act, related regulations, codes of practice, guidelines, and policy documents.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving legislation and regulations administered by the Department of Energy.
Implementation Ongoing.
Results Draft Act created; review of best practices and experience with energy legislation in relevant jurisdictions. It is anticipated to result in modern regulatory policy practice and drafting approaches; the advice of key energy stakeholder groups in Nova Scotia; the advice of energy experts including those in the Nova Scotia government.
Frontier and Offshore Regulatory Renewal Initiative
Objective(s)
- Renewing and modernizing frontier and offshore petroleum regulations.
- Reviewing all frontier and offshore regulations with the aim of applying the principles of "goal-oriented" regulation.
Activities
- Drafting new Drilling and Production Regulations in a goal-oriented style to replace the current Drilling Regulations and the Production and Conservation Regulations;
- Established a Seismic Statement of Practice for Geophysical Operations in the offshore that allows regulators the flexibility to change provisions without the need for regulatory amendment.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation 2008-2009.
Results N/A (too early to determine).
Coordinated Regulatory Review Process – Deep Panuke
Objective(s) Concurrent environmental and technical review processes; efficient and effective regulatory process; federal-provincial coordination.
Activities Energy was involved in the development of a generic coordinated Regulatory Review Process with federal and provincial regulators. The Department of Energy worked with the federal government and the regulators to apply the streamlined process and integrate environmental assessment with the regulatory approvals for the Deep Panuke offshore gas project.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving regulation of energy projects.
Implementation 2005-2007.
Results Improved process timelines from 30 months to 11 months.
Development of a Regulatory Roadmap for Onshore Seismic and Drilling
Objective(s) Will provide industry (business) with the requirements to ensure their applications are complete upon submission. This will guarantee that time is not wasted clarifying missed information. Establishes multi-jurisdictional, coordinated approach to regulatory of energy projects.
Activities Development of Regulatory Roadmap and Guidance Notes for developers.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Seismic and Drilling, February 2009.
Results N/A (too early to determine).
Modernization of Nova Scotia's Onshore Energy Legislation and Regulations
Objective(s)
- Consistent, modern regulatory approach;
- Move towards goal-oriented regulation.
Activities The Department of Energy is currently working to reduce prescriptive requirements and minimize overlap/duplication. Pipeline and drilling and production legislation and regulations are currently being updated consistent with government and departmental objectives with respect to the Better Regulation Initiative. Work is being undertaken to harmonize the Nova Scotia regime to make it consistent with neighbouring provinces and incorporate best industry practices.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation Pipeline 2008-2009, Drilling and Production 2009-2010
Results N/A (too early to determine).
Development of Procedures for Regulatory Development
Objective(s) Department of Energy developed procedure to provide greater clarity to staff and establish a step-by-step process for regulatory issue analysis; it creates a consistent and thorough approach to regulatory development.
Activities
- Prioritizing and Planning;
- Stakeholder engagement;
- Minimizing overlap and duplication;
- Informed decisions – based on science, stakeholder and legal input;
- Focuses on outcomes/performance objectives.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation October 2007.
Results N/A (too early to determine).
Government of Prince Edward Island
Prince Edward Island has no significant regulatory improvement initiatives under way.
Government of Newfoundland and Labrador
Mineral Exploration Standards for Labrador Inuit Lands
Objective(s) To meet requirements of the Labrador Inuit Land claim settlement for joint provincial-Inuit approval of exploration on Inuit-owned lands.
Activities
- Standards negotiated and passed into law March 31, 2007, provided for joint approval system.
- Since then, all exploration projects on Labrador Inuit Lands have had to receive approval under the Standards.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Initiative started late 2006, completed March 2007.
Results Provision of a clear set of requirements and approval procedures for exploration on Labrador Inuit Lands. Exploration on these lands has surged in 2007.
Red Tape Reduction Initiative
Objective(s) To reduce administrative and regulatory inefficiencies while maintaining high standards, a level playing field for businesses, and improve the efficiency and effectiveness of government services to citizens.
Activities
- Red Tape Reduction Task Force established in 2005.
- Inventory of regulations compiled in 2005.
- Work ongoing to meet reduction targets.
Energy/Mining Focus? No (government-wide).
Implementation 2005.
Results 32 percent total reduction achieved by March 31, 2009, thus exceeding the 25% target within the timeframe of the Red Tape Reduction initiative. The total for the Mines and Energy branches is 12% to date.
Online Claim Staking
Objective(s) To reduce client time and cost needed to acquire mineral licences, and to reduce government administration costs.
Activities Newfoundland and Labrador claims staking now entirely Internet based through the Mineral Rights Administration (MIRIAD) system, which provides real-time claim acquisition with fees paid through e-commerce system.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation The system was launched on February 28, 2005.
Results Major reduction in time and travel cost for clients who previously had to travel to St. John's to acquire claims.
Online Exploration Approvals
Objective(s) To decrease time taken to screen applications for exploration approvals, and facilitate the completion and screening of applications for all permits and approvals required for an exploration program. Currently, time-frames can be prolonged due to the need for circulation of e-mails and paper documents to referred agencies. The system will provide an internet portal for a one-window to provide exploration program details and complete applications for all permits required for mineral exploration projects.
Activities Detailed analysis of business rules, administrative procedures, information, and data requirements for:
- Online submission of detailed information describing planned exploration activities, including GIS-based map locations.
- Referral and Input of comments from other government and Aboriginal agencies.
- Issuance of approvals and conditions to client.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation 2009.
Results Design and development started during first quarter 2009; funds for implementation were requested in the 2008-2009 budget. Funding was committed for 08/09 and 09/10.
Online Resource Atlas
Objective(s)
- To provide mineral claim and geoscience information through the Department of Natural Resources web site.
- To reduce conflicts between mineral exploration, protected areas, and other resource users.
Activities
- Atlas was created in 2000, but has been steadily improved. Mineral claims can be superimposed on geoscience and mineral occurrence layers derived from GIS map server. Claims and geoscience databases can be accessed through query tools. Also serves as information base for MIRIAD on-line claims staking system.
- Current focus is on adding other resource and land-use information such as protected areas, sensitive wildlife areas, municipal, plans, etc.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation 2008.
Results Atlas works together with on-line staking system to allow clients to make fully informed decisions on acquisition of mineral claims.
Government of Nunavut 2
Reduction of Barriers to Business Initiative
Objective(s)
- Removal of barriers will help improve the business environment in Nunavut; and
- Streamline licensing, permits and fees, and revise unnecessary regulations.
Activities The territorial government worked to create a framework for a collaborative across-the-board review of industry-specific licensing and permitting requirements.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation The initiative was launched in 2005 and after several successful projects the initiative is currently inactive.
Results Several barriers to starting up new businesses have been successfully removed, allowing a more accessible business environment in Nunavut. Further, activity has been streamlined to remove unnecessary burdens for entrepreneurs. Specific results include:
- Revision to business development programs and contribution programs;
- Compilation of a comprehensive directory and listing of business programs and resources;
- Programs for follow-up, streamlining, and standardization of payment processing;
- 'Seven Steps to Help You to Start Your Business' guide for new entrepreneurs;
- 'Doing Business with the Government of Nunavut' guide.
Nunavut Land Use Planning and Impact Assessment Act
Objective(s) Develop legislation that incorporates land use planning into impact assessments in an effort to increase clarity and transparency during the Environmental Assessment process.
Activities The Government of Canada, Government of Nunavut, Nunavut Tunngavik Incorporated, Nunavut Impact Review Board, and Nunavut Planning Commission have been collaborating to develop legislation that consolidates land use planning and impact assessment.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects, but it should be noted that the majority of projects that will be affected by this legislation will be mining and energy related.
Implementation Discussions began in 2001 and are nearing completion.
Results N/A (too early to determine).
Nunavut Land Use Plan
Objective(s)
- Streamline land use planning within Nunavut by developing a territory-wide land use plan; and
- Avoid piecemeal land use planning by replacing the current North Baffin and Keewatin Land Use Plans with a single land use plan that includes regional components.
Activities The Nunavut Planning Commission, in collaboration with the Government of Nunavut, Nunavut Tunngavik Incorporated, and Aboriginal Affairs and Northern Development Canada, is creating a territory-wide land use plan that will include regional components for the Qikqtaaluk, Kivalliq and Kitikmeot regions.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation The initiative was launched in January 2009 and is expected to be completed by February 2011.
Results N/A (too early to determine).
Amendment to the Nunavut Land Claims Agreement that Eliminates Triggering the Canadian Environmental Assessment Act
Objective(s) Eliminate duplication of efforts by the Nunavut Impact Review Board and the Canadian Environmental Assessment Agency during environmental assessment reviews.
Activities The Nunavut Land Claims Agreement was amended in May 2008 to remove the application of the Canadian Environmental Assessment Act within the Nunavut Settlement Area. This avoids unnecessary duplication during the environmental assessment process by utilizing a one project – one EA approach to project assessment.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects, but it should be noted that the majority of projects that will be affected by this amendment will be mining and energy related.
Implementation The amendment went into effect on May 29, 2008.
Results N/A
Independent Review of Nunavut's Regulatory and Permitting Process
Objective(s)
- Commission an independent review of Nunavut's regulatory and permitting processes, and
- Identify ways to make the regulatory system in Nunavut more efficient and effective.
Activities The Government of Nunavut commissioned an independent review of the regulatory and permitting process in Nunavut as it relates to mineral exploration and development. The Government of Nunavut is now prepared to coordinate a workshop with Nunavut Tunngavik Incorporated and the Nunavut Region of Aboriginal Affairs and Northern Development Canada in an effort to discuss the review and determine implementation strategies for identified recommendations.
Energy/Mining Focus? Yes, this initiative was focused directly on reviewing the regulatory and permitting process for mineral exploration and development in Nunavut.
Implementation The review took place in 2008, with a report released in August, 2008.
Results The review concluded with a report delivered to the Government of Nunavut. This report will be reviewed in the proposed workshop where recommendations will be identified and begin to be implemented.
Government of the Northwest Territories
See Government of Canada – Aboriginal Affairs and Northern Development Canada for regulatory improvement initiatives related to resource development currently under way in the Northwest Territories. The Government of the Northwest Territories (GNWT) is committed to regulatory improvement and views the devolution of authority for lands and resources from the federal government as an important step in improving regulatory effectiveness in the Northwest Territories. Below is an example of an initiative currently under way that is designed to ensure the electricity system in the N.W.T. reflects the unique nature of the N.W.T. market and the operating realities in the north.
Review of Electricity Rates, Regulation and Subsidy Programs
Objective(s)
- Streamline complex electricity regulation and rate-setting process to reduce overall system costs.
- Review electricity subsidies to ensure residents have equitable access to affordable, reliable power.
Activities The GNWT is undertaking a detailed review of the current quasi-judicial process that sees 33 individual electricity rate zones for the 33 N.W.T. communities, many of which have populations under 1000.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation The Electricity Review was launched in 2008 and is expected to be completed by late 2009.
Results N/A (too early to determine).
Government of Yukon
Implementation of the Yukon Environmental and Socio-Economic Assessment Act (YESAA) Process
Objective(s)
- To ensure that projects are undertaken in accordance with principles that foster beneficial socio-economic change without undermining the ecological and social systems on which communities and their residents, and societies in general, depend;
- To ensure that the assessment process is conducted in a timely, efficient and effective manner that avoids duplication; and
- To provide certainty to the extent practicable with respect to assessment procedures, including information requirements, time limits and costs to participants.
Activities
- Development of detailed rules for the assessment process to provide certainty with respect to procedures, information requirements, timelines, and costs to participants.
- Establishment of a web site registry to enable the efficient dissemination of information between the assessor, government agencies, the proponent, and the public, and provide transparency and accessibility in the assessment process for all participants.
- Regular interagency meetings to address process issues as they emerge and facilitate communications between YESAA assessors and regulators from all levels of government (federal, territorial and First Nation).
- A decision body forum consisting of Yukon government, all federal agencies, and FNs with settled land claims agreements meets three to four times per year to discuss emerging and government-to-government relationships as they pertain to YESAA.
- A five-year review of the entire assessment process has been initiated, including the statute, regulations, rules and procedures. Results will be used to improve the process and to incorporate the experiences gained during the start-up years.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation November 2005.
Results
- Nearly 400 projects have been assessed under the YESAA process, including a major mine and a transmission project.
- Considering that this is a new process for the Yukon (YESAA has been operational for less than two years) and is a significant change to how projects have been assessed in the Yukon, the first years of implementation have gone smoothly.
- Assessors continue to adhere to specific timelines for various steps in the assessment process.
Yukon Placer Authorizations
Objective(s)
- Clear pre-determined standards that will provide certainty to industry and regulators.
- Encourage regulatory streamlining, make regulatory decision-making transparent and predictable.
- Facilitate a balance between the objectives of conservation and protection of fish and fish habitat, and a sustainable placer industry.
Activities
- Consultations with First Nations, mandated boards, stakeholders and other interested parties, and the public are nearing completion.
- Final decisions on implementation, informed by extensive consultations, to be made during fall 2007 in time for 2008 season.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Will replace the existing Yukon Placer Authorization in late 2007.
Results
- Adaptive management approach to managing effluent discharges and fish habitat on a watershed (instead of creek-by-creek) basis.
- Strict discharge standards, relative to the sensitivity of habitat.
- Ongoing monitoring to ensure management objectives for fisheries are being met, with mechanisms for corrective action.
- Roles of regulators will not change.
Integrated Regulatory Regime for Yukon Placer Mining
Objective(s)
- Integrates the regulatory requirements of the three levels of government.
- Provides greater certainty for placer mining operations by setting clear, pre-determined regulatory requirements for the better protection of fish habitat.
Activities
- Establishes a single-window approach through a secretariat.
- A watershed focus on setting sediment discharge standards and other requirements to ensure a healthy aquatic system.
- Uses a risk-based approach, careful watershed monitoring, adaptive management, and strong compliance and enforcement.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation Spring 2008.
Results N/A.
Integrated Resource Management Strategy
Objective(s) Internal to the Yukon Government - Streamlines the project review process by addressing internal policies and legislation gaps, and establishes better collaboration between government departments.
Activities Project management process that assists mining companies in their efforts to secure permits for development proposals by assigning project coordinators to individual projects to assist with the reviews and timely resolution of issues. Deputy Minister's Oversight Committee consisting of representatives from the departments of Energy, Mines and Resources, and Environment, as well as the Executive Council Office, to provide advice and decisions on major mine projects.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Spring 2006.
Results Ongoing. Project coordinators are currently assigned to four major projects (Ketza, Division Mt., Tagish Lake Gold, Carmacks Copper). The Deputy Ministers Oversight Committee meets quarterly or more often if issues arise.
Closure and Reclamation Policy and Guidelines
Objective(s) Requires mining companies to plan for and finance the costs of restoring land used for mining to former or other productive uses, encourages early reclamation and closure planning, recognizes progressive reclamation, and minimizes public risk.
Activities
- Ensure every mine has a reclamation and closure plan that has been approved by the Yukon government before development proceeds.
- Determine the form and amount of security, to be provided by the mine operator, to cover the full amount of outstanding mine reclamation and closure liability.
- Issue a Certificate of Closure when mine development or production is terminated and the Yukon government is satisfied that the mine operator has complied with all licence conditions.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of mining projects.
Implementation January 2006.
Results Ongoing. Guidelines are pending (2008). The reclamation and closure sections of a mine's production licence, as well as the security requirements, are based on the reclamation and closure policy.
Intergovernmental Initiatives
Federal/Provincial Agreements on Environmental Assessment Cooperation
Objective(s) Federal/provincial environmental cooperation agreements have been signed with most provinces, with the exception of Atlantic provinces. When federal and provincial environmental assessment processes both apply to the same project, these agreements enable both governments to utilize public resources more efficiently through a single cooperative assessment.
Activities Cooperative federal/provincial assessments have been conducted.
Energy/Mining Focus? No, this initiative is not specifically targeted at mining projects; however, many mineral projects have been subject to cooperative environmental assessments.
Implementation Ongoing.
Results Public resources have been used more efficiently through cooperative assessments. Proponents receive coordinated EA process and technical/scientific information requirements from both governments.
Canadian Council of Ministers of the Environment (CCME) Initiative
Objective(s) CCME is addressing a broad range of issues associated with the completion of provincial and federal environmental assessments (EA) in Canada, including process inefficiencies, overlapping mandates and responsibilities, lack of timeliness, differing criteria triggering EAs, and a need to look to broad strategic regional EAs.
Activities An environmental assessment task group (EATG), co-chaired by Manitoba, British Columbia and the Canadian Environmental Assessment Agency, has produced two discussion papers; one on one-project-one environmental assessment and the other on regional strategic environmental assessment (RSEA). The one-project-one environmental assessment paper describes proposed long term actions for including a range of models including coordination, joint process, delegation and substitution to pursue the goals of certainty, efficiency, predictability and timeliness in the statutory regimes of each jurisdiction. The RSEA paper outlines a proposed conceptual that will support cumulative effects management and will support the EATG work of developing a common understanding and methodological guidance for RSEA. The task group will prepare final recommendations for Ministers in 2009.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Launched in fall of 2006, final recommendations to Ministers in 2009 and implementation beyond.
Results While the results may be too early to determine, the desired outcome for CCME's work in EA is that decisions on environmental assessments for projects are made in a certain, predictable, efficient and timely fashion, while safeguarding the environment.
BizPal
Objective(s) BizPaL is a web-based service that allows business clients to easily generate a customized list of the permits and licences they require from all levels of government by answering some simple, generic questions about the business. The objectives of BizPal are to:
- Reduce the time and effort required for developers and entrepreneurs to identify required business permits and licences; and
- Increase compliance.
Activities Implement an interactive web site that provides customized information on business permits and licences required from all levels of government.
Energy/Mining Focus? No, this initiative streamlines access to information on permits, licences and other regulations for all business types.
Implementation NRCan has completed the mapping of "federal" regulatory requirements of key natural resource sectors and has made this information available in the BizPaL system. British Columbia, Saskatchewan and Yukon have their mineral exploration requirements online and are working to include all natural resource requirements. As provincial/territorial partners map and input their regulatory information, clients are able to access both federal and provincial/territorial information directly trhough the BizPal service. It is expected that the regulatory requirements of all levels of government be made available through BizPal within the coming year. Eleven provinces/territories and over 200 municipalities participate in BizPaL.
Results Positive feedback received from business and government. Will save businesses significant time in navigating through the regulatory system in jurisdictions where implemented.
Passport System of Securities Regulation
Objective(s) Increase harmonization and reduce duplication between jurisdictions.
Activities Implement a"one decision" system of securities regulation whereby a market participant would have access to the capital markets in multiple jurisdictions by dealing with the regulator in its principle jurisdiction.
Energy/Mining Focus? No, this initiative is not specifically targeted at improving the regulation of energy and mining projects.
Implementation Draft regulatory instruments published for comment in 2007.
Results N/A (too early to determine).
Multi-Regulator Integrity Management Awareness Program
Objective(s) To reduce the number of integrity and safety-related incidents on oil and gas pipelines, to improve education and awareness amongst pipeline owners and operators and ensure that regulatory requirements for Integrity Management Systems are well understood, and to communicate to industry that there is a high degree of cooperation and intelligence sharing between agencies.
Activities This is a joint initiative between the BC Oil and Gas Commission, National Energy Board, Saskatchewan Energy and Resources, and the Manitoba Public Utilities Board. Other regulators may also join. A series of workshops will be provided to educate, communicate common requirements, and address specific industry issues.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving safety regulation of oil and gas pipelines.
Implementation Commencing May 2008.
Results Workshops were held in Fort St. John, Victoria, Winnipeg, Regina and Estevan, with good representation from industry, service providers and the public. A review of the work to date is planned.
Coordinated Review Processes in the Atlantic Offshore
Objective(s) Two Memoranda of Understanding on effective, coordinated and concurrent environmental assessment and regulatory processes were signed in 2006 by all regulators and environmental assessment authorities with responsibilities related to offshore petroleum development projects in Accord areas. The agreements ensure that the environmental and regulatory reviews proceed concurrently rather than sequentially. This is expected to result in important time savings and efficiencies without compromising on public interest objectives.
Activities The streamlined process is to be implemented as large-scale offshore development projects are brought forward by industry. The MOU was recently applied to the Deep Panuke Offshore Natural Gas Project.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving regulation of offshore hydrocarbon development projects.
Implementation 2006 – ongoing.
Results Application of the MOU to the Deep Panuke project resulted in better regulatory coordination, information-sharing, and shared targets for approval timeframes. The project is expected to receive all approvals within 11 months, consistent with timelines in international jurisdictions. The NEB approved the Deep Panuke marine pipeline portion of the project in September 2007.
Non-Accord Offshore Management
Objective(s) Development (in concert with the federal government, Prince Edward Island, New Brunswick, and Quebec) of a management regime to allow for the exploration, development and production of petroleum in adjacent offshore areas.
Activities Initial discussions held leading to New Brunswick appointing a committee tasked with negotiating an MOU with Canada to facilitate offshore management regime.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving safety regulation of energy projects.
Implementation To be established through negotiation.
Results N.B. negotiating committee established.
Cooperation Plan for the Mackenzie Gas Project (MGP)
Objective(s) Intended to coordinate regulatory processes pursuant to the Inuvialuit Final Agreement, the Mackenzie Valley Resource Management Act and the Canadian Environmental Assessment Act. The objectives are:
- To coordinate the regulatory reviews of the MGP;
- To avoid unnecessary duplication and seek process efficiency in the regulatory review of the project;
- To contribute to clarity, certainty and timeliness in the review process; and
- To enhance public participation.
Activities Reduced the number of public hearings required by the regulators and provided for concurrent, instead of sequential Joint Review Panel (JRP) and National Energy Board hearings.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of an energy project.
Implementation Signed in 2002.
Results While held as a good example of a one-window approach, there are some areas for future improvement:
- All regulators signed the agreement, but it is not binding, so if any feel their legal responsibilities are not met through the JRP process they could embark on their own process;
- There have still been delays partly attributable to standard regulatory inefficiencies caused by jurisdictional confusion and capacity issues (as well as proponent preparedness and planning issues);
- There have also been delays due to the length of time taken by the JRP to conduct its hearing and produce its report, now expected to be approximately 4 years. The NEB and northern regulators cannot proceed until the JRP report has been released (expected early December 2009);
- The Coop Plan was also challenged by the Dene Tha' based on governments' failure to consult with them in developing the Plan. The courts have agreed, causing additional delays.
Atlantic Energy Roundtable (AER)
Objective(s)
- Achieve greater regulatory efficiency;
- Encouraging increased investment and local involvement in the offshore areas.
Activities
- Developing effective, transparent and efficient regulatory systems consistent with those in other similar international jurisdictions.
- Increasing value for the Atlantic Region and Canada by enhancing local service and supply companies' understanding of opportunities in the offshore and building capacity to respond to those opportunities.
- Reducing exploration and development costs in Atlantic Canada to enhance the investment attractiveness of this region.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation 2002.
Results MOU on concurrent environmental assessment and regulatory processes for offshore developments; developing a Seismic Statement of Practice to set baseline environmental protection requirements and as a mitigative measure for offshore seismic programs, resulting in flexibility and predictability; elimination of the regulatory requirement to flow test the first exploration well on a geological structure; first wells in an offshore area released from a detailed comprehensive study to a screening process under federal environment legislation; and the modernization of offshore regulations to performance (goal-oriented) based regulations (See FORRI, a direct extension from AER).
Frontier and Offshore Regulatory Renewal Initiative (FORRI)
Objective(s)
- Working towards renewing and modernizing frontier and offshore petroleum regulations to ensure that Canada remains competitive with international regulatory requirements, and to enable the sector's continued growth and contribution to the economy;
- Renew all frontier and offshore regulations toward a "goal-oriented style" with management system requirements, to ensure that operators proactively identify hazards and manage risks and ensure safety, protection of the environment and prevention of waste of oil and gas resources.
Activities On April 18, 2009, a major milestone was achieved. Proposed goal oriented Drilling and Production Regulations were published in the Canada Gazette, Part I for a 45-day public comment period. These regulations are a modernization and amalgamation of two existing regulations and expected to come into effect in late 2009.
Energy/Mining Focus? Yes, this initiative is specifically targeted at improving the regulation of energy projects.
Implementation 2009.
Results Drilling and Production Regulations: pre-publication of modernized and goal-oriented regulations in the Canada Gazette, Part I.
1The RPI WG replaces the former Council of Energy Ministers (CEM) Regulatory Effectiveness Working Group and the Canadian Mines Ministers Intergovernmental Working Group on the Mineral Industry (IGWG) Sub-Committee on Regulatory Effectiveness.
2Mineral exploration and development are regulated by INAC (see Government of Canada – Aboriginal Affairs and Northern Development Canada for additional regulatory improvement initiatives currently under way in Nunavut).
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