Memorandum of Cooperation Between the Canadian Northern Economic Development Agency, Northern Projects Management Office and Federal Departments/ Agencies with Regulatory Responsibilities in the Territories

This Memorandum of Cooperation (MOC) is between:

Northern Projects Management Office (NPMO), Canadian Northern Economic Development Agency, as represented by the President of the Canadian Northern Economic Development Agency ("CanNor")

And

Crown-Indigenous Relations and Northern Affairs Canada as represented by the Deputy Minister of the Department of Crown Indigenous Relations and Northern Affairs ("CIRNAC");

Environment and Climate Change Canada, as represented by the Deputy Minister of the Department of Environment ("ECCC");

Fisheries and Oceans Canada and the Canadian Coast Guard, as represented by the Deputy Minister of the Department of Fisheries and Oceans and the Canadian Coast Guard ("DFO");

Health Canada, as represented by the Deputy Minister of the Department of Health (“HC”);

Natural Resources Canada, as represented by the Deputy Minister of the Department of Natural Resources ("NRCan");

Parks Canada, as represented by the Chief Executive Officer of the Parks Canada Agency (“PC”); Transport Canada, as represented by the Deputy Minister of the Department of Transport ("TC");
Canadian Nuclear Safety Commission, as represented by the President of the Canadian Nuclear Safety Commission ("CNSC"); and

Canada Energy Regulator, as represented by the Chief Executive Officer of the Canada Energy Regulator ("CER").

Hereafter, collectively, the "Participants".

The Participants may, from time to time, designate additional Departments / Agencies to be recognized as “Participants” under this MOC, or exempt any Departments / Agencies from the application of this MOC.

1. 0 Objectives

The MOC provides a mechanism for the Participants to work together recognizing that effective interdepartmental cooperation will strengthen the effectiveness, inclusiveness and transparency of the federal government in discharging its responsibilities to balance the social, economic and environmental goals of the environmental impact assessment process in the three territories. This will be done in the context of reconciliation and evidence based decision making leading to:

1. effective and efficient federal participation;
2. increased transparency;
3. enhanced efficiency; and,
4. improved Indigenous, industry and public confidence.

This MOC is to be read and interpreted in a manner consistent with all applicable statutes, regulations and rules of natural justice and does not create any new legal powers or duties, or fetter in any way, the jurisdiction, powers and duties of the Participants.

In particular, this MOC outlines the services NPMO will provide as a neutral and impartial coordinator to Responsible Ministers in exercise of their responsibilities in northern environmental assessment/environmental impact review and regulatory processes.

The signatory departments agree to support NPMO in their delivery of these services.

This MOC comes into effect upon the date of signing by all Participants and shall be reviewed every five years, unless any one or more Participants request to an earlier revision or amendment.

2. 0 Application of the MOC

2.1 This MOC will apply to the Participants primarily in respect of major projects in which more than one federal department or agency participates in any of the following environmental assessment/environmental impact review processes required for major projects to proceed:

1. In the Yukon, a Screening by the Executive Committee of the Yukon Environmental and Socio-economic Assessment Board ("YESAB"), or a Review by a Panel of YESAB, a Joint Panel or a Review Panel, pursuant to the Yukon Environmental and Socio-economic Assessment Act ("YESAA");
2. In the Inuvialuit Settlement Region within the Northwest Territories and Yukon Territory (as defined in the Inuvialuit Final Agreement ("IFA")), a public review by the Environmental Impact Review Board and/or a joint panel review under the IFA and/or an environmental assessment/impact and regulatory review process or a panel review under the Impact Assessment Act (“IAA”);
3. In the Mackenzie Valley within the Northwest Territories (as defined in the Mackenzie Valley Resource Management Act ("MVRMA")), an environmental assessment/impact and regulatory review process by the Mackenzie Valley Environmental Impact Review Board ("MVEIRB") or an environmental impact review by a panel of the MVEIRB or a joint panel review pursuant to the MVRMA; or
4. In Nunavut, a review of a project under either the Nunavut Land Claim Agreement (“NLCA”) or the Nunavut Planning and Project Assessment Act (“NuPPAA”) whether that review is conducted by the Nunavut Impact Review Board (“NIRB”) or a federal environmental/ impact assessment panel.

2.2 The Participants may, from time to time, designate additional projects or classes of projects to be subject to the application of this MOC, or exempt any Project or classes of projects from the application of this MOC.

2.3 At the request of one or more department, NPMO may be asked to provide coordination services to assist the federal participation in regulatory licensing and permitting processes in the three territories.

3.0 Governance Structure, Roles and Responsibilities

3.1 Governance Structure

The Participants agree that:

1. NPMO will convene and coordinate Project-specific Working Groups to work within the environmental assessment/impact review and/or regulatory boards’ work plans and timelines, provide tools to facilitate federal participation, and establish process milestones leading to a Ministerial decisions at the beginning of the environmental assessment/ impact review and regulatory permitting processes of a Project. NPMO will continue to convene and coordinate until a final Ministerial decision is made following an impact review or regulatory process;
2. Project-specific Working Groups will identify and seek to resolve issues with impact review and regulatory processes, develop recommendations for federal positions, and ensure the timely provision of technical and regulatory advice to the impact review and regulatory boards;
3. NPMO will convene Territorial Project Committee meetings on a quarterly basis to assist in implementing this agreement and reaching consensus on processes, tools and procedures to support federal coordination;
4. NPMO will convene the Interdepartmental Director General Committee meetings, as deemed necessary, to discuss major projects and collectively address any issues brought to the committees by working groups that could influence the efficiency, scientific rigor or effectiveness of northern environmental assessment/impact review and regulatory permitting processes being conducted for these projects;
5. NPMO will convene quarterly ADM meetings (or as recommended by the Interdepartmental DG Committee) to discuss the status of major projects subject to northern environmental assessment/environmental impact review and regulatory permitting processes and resolve any issues not resolved by the Director General Committee;
6. NPMO will convene ad hoc Deputy Minister Committee meetings; and
7. NPMO will prepare and provide project/issues updates with input from the Participants to the Impact Assessment Act Committee and the NPMO Director General, Assistant Deputy Minister and Deputy Ministers' Committees.

3.2 Process for Resolving Issues

The Participants will make every reasonable effort to agree on the interpretation and application of this MOC as it relates to federal participation in the environmental assessment/environmental impact review and regulatory permitting processes for major projects and seek to resolve cooperation or governance and/or other project coordination issues at the Territorial Project Committee or Project-specific Working Group level.

When needed, the NPMO Director General will convene the Interdepartmental Director General Committee to resolve any issues. As a next recourse, unresolved issues will be brought to the attention of the Assistant Deputy Ministers, through an ad hoc meeting of the relevant federal Departments or Agencies. As a final recourse, disputes and unresolved issues will be elevated to the ad hoc meeting of Deputy Ministers of the relevant federal Departments or Agencies.

3.3 Roles and Responsibilities of the NPMO and Federal Departments/Agencies

3.3.1 NPMO was created to help improve the timeliness, effectiveness and transparency of the environmental assessment/impact and regulatory review process for major resource and infrastructure projects in the three territories. It does this by:

1. Providing information to industry, proponents and northern Indigenous organizations on environmental assessment and regulatory processes;
2. Coordinating the work of federal regulatory Departments and Agencies in the three territories; and
3. Acting as the Crown consultation coordinator during environmental assessment/impact review for major projects coordinated through NPMO in the North.

3.3.2 Federal Departments and Agencies have statutory authorities to participate in or make decisions related to environmental assessments/environmental impact assessment of major projects in the three territories. The federal departments and agencies will support the NPMO’s efforts and:

1. Participate in a coordinated approach in preparing federal submissions to meet deadlines in the environmental assessment/impact review processes;
2. Coordinate work to prepare for federal Departmental/Agency decisions;
3. Participate in the development of the Crown Consultation Record and Crown Consultation Assessment Report for projects coordinated through NPMO.

Signed on behalf of Federal Departments or Agencies:

Date modified:

2020-11-26