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Development of new Indigenous Ministerial Arrangements Regulations
Natural Resources Canada (NRCan) is developing new regulations to enhance the participation of Indigenous Peoples in the life-cycle oversight of federally regulated energy projects in Canada. NRCan is seeking the participation of Indigenous Peoples and other interested parties in shaping these new regulations.
The proposed Indigenous Ministerial Arrangements Regulations would:
- provide the authority for the Minister of Natural Resources to enter into arrangements with Indigenous governing bodies for carrying out the purposes of the Canadian Energy Regulator Act (CER Act) and
- allow an Indigenous governing body to exercise powers or perform duties and functions that are specified in the arrangement
NRCan is leading the development of the proposed regulations and is working closely with our federal partners, namely the Canada Energy Regulator (CER) and the Impact Assessment Agency of Canada, as well as Indigenous Peoples and other interested parties.
The proposed regulations would build on the collaborative activities that are already underway between the Government of Canada, the CER and Indigenous Peoples to enhance the role of Indigenous Peoples throughout the life cycle of energy projects.
There will be five phases of engagement to allow Indigenous Peoples, other interested parties and the public to provide feedback on the development of the proposed regulations throughout the regulatory development process.
Engagement and/or comment periods will occur at each of the five phases of engagement on the proposed regulations:
Phase 1 Early Touch Base
- Knowledge sharing on how to engage and any initial considerations related to the proposed Regulations
- Development of an engagement approach
Phase 2 Early Engagement
- Engagement on the proposed Regulations
- Participant funding to support participation
- Regulatory requirement: Formal public engagement period
Phase 3 What We Heard
- Confirmation of what was heard in early engagement
- Continued engagement
Phase 4 Canada Gazette, Part I / Implementation Framework
- Continued engagement on the proposed Regulations and the supporting implementation framework
- Regulatory requirement: Canada Gazette, Part I
Phase 5 Wrap-up
- Engagement on the final “What We Heard” report
- Release of the supporting implementation framework
- Regulatory requirement: Canada Gazette, Part II
The proposed regulations will be developed over the course of several years. This webpage will be updated with additional information on each phase of engagement as the regulatory development process progresses. Please revisit this webpage regularly for updates.
CURRENT – Phase 1 Early Touch Base
Engagement with Indigenous Peoples and other interested parties is a key priority. Make a difference in energy regulation in Canada by participating in Phase 1 Early Touch Base.
NRCan has prepared a Handbook on the proposed Indigenous Ministerial Arrangements Regulations that provides high-level information on the regulations and asks Indigenous Peoples to share knowledge on how they would like to be engaged throughout the regulatory development process. In addition, NRCan is seeking any initial considerations that should be explored during the development of the proposed regulations from Indigenous Peoples and other interested parties.
To participate in an engagement session or to provide written comments, please email us at Indigenous Ministerial Arrangements Regulations. We would appreciate receiving your written comments by October 31, 2022.
Goal of proposed regulations
The goal of the proposed Indigenous Ministerial Arrangements Regulations is to enrich collaborative, meaningful and inclusive Indigenous involvement in the oversight of federally regulated energy projects under the Canadian Energy Regulator Act.
The proposed regulations will be developed in accordance with the Treasury Board of Canada’s Cabinet Directive on Regulation, which sets out the expectations and requirements for the development, management and review of federal regulations.
- Indigenous Ministerial Arrangements Regulations
- Forward Regulatory Plan
- Canadian Energy Regulator Act
- Canada Energy Regulator