Federal Contaminated Sites Action Plan: what we heard report

Inuktitut

List of acronyms frequently used in this report

CIRNAC
Crown-Indigenous Relations and Northern Affairs Canada
CSOR
Contaminated Sites on Reserve program (ISC)
GoC
Government of Canada
ECCC
Environment and Climate Change Canada
FCSAP
Federal Contaminated Sites Action Plan
FCSI
Federal Contaminated Sites Inventory
ISC
Indigenous Services Canada
MLC
2021 Minister of Environment’s Mandate Letter Commitment (MLC) to “identify, and prioritize the clean-up of, contaminated sites in areas where Indigenous Peoples, racialized and low-income Canadians live”
NCSP
Northern Contaminated Sites Program (CIRNAC)
TBS
Treasury Board Secretariat

Executive Summary

Since 2005, the Government of Canada (GoC) Federal Contaminated Sites Action Plan (FCSAP) has provided funding to federal organizations to address contaminated sites under their responsibility. Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada (ISC) have addressed and remediated hundreds of sites:

In 2018, the FCSAP Secretariat, with support from federal program partners’ CIRNAC and ISC, hosted 10 meetings across Canada, with Indigenous communities and organizations. These meetings:

The input received during these sessions resulted in key recommendations for improving programming moving forward.

The FCSAP program was renewed for another 15 years in 2020. Despite the progress made towards addressing the recommendations FCSAP heard from Indigenous Peoples in 2018, there remain:

FCSAP is the main source of funding for CSOR and NCSP (excluding the eight largest abandoned mines in the Yukon and Northwest Territories, which fall under CIRNAC’s Northern Abandoned Mine Reclamation Program). Also, as part of the Minister of Environment and Climate Change’s Mandate Letter of December 2021 (MLC), the GoC committed to

“Identify and prioritize the clean-up of contaminated sites in areas where Indigenous, racialized, and low-income Canadians live”.

As a result, engagement sessions were held with Indigenous governments and communities across Canada from February 2023 to May 2023 to seek input on:

The intent of this report is to:

The following themes emerged across all sessions:

  1. Funding - Need for long-term, accessible, flexible, and sustainable funding sources
  2. Indigenous Knowledge - Meaningful inclusion of Indigenous Knowledge throughout the entire assessment and remediation process and inclusion of Elders and knowledge holders for decision-making
  3. Engagement and Capacity - Early engagement, capacity building, and continued community involvement and collaboration efforts
  4. Consultants - Consultants to engage more effectively, transparently, and meaningfully with community
  5. Training Opportunities - Provide funded contaminated sites training opportunities for communities to gain credentials, technical, and practical skills
  6. Information and Communication - Improved information/resource sharing and consistent communication
  7. Education - Increased awareness and education around contaminated sites, specifically targeting youth
  8. Prevention and Monitoring - Larger focus on contamination prevention and monitoring before and after clean-up
  9. Administrative - Less rigorous and time-restricted reporting requirements, with a focus on plain language and translation services upon request

Across the country,  over 100 individuals representing  Indigenous governments, Indigenous communities and organizations had many recommendations for improving the FCSAP program. These related to the concerns they expressed about current assessment and remediation work. The key message that emerged from the cross-country sessions was that Indigenous communities must have greater involvement in all phases of contaminated sites management. This is to be achieved through:

This report will be circulated to all invitees of these engagement sessions. The FCSAP program will make use of the findings of the report to inform ongoing assessment and remediation work, and options for renewing the FCSAP program in 2025.

1.0 Introduction

FCSAP was established by the GoC in 2005, led by the FCSAP Secretariat (ECCC), and supported by the Treasury Board of Canada Secretariat (TBS). The FCSAP Secretariat provides:

The first three phases of FCSAP ran for 15 years, from 2005 to 2019. It was renewed for another 15 years, covering the period from 2020-2034. The FCSAP program helps federal government organizations – known as “custodians” – reduce risks to human health and the environment from federal contaminated sites under their responsibility.

1.1 Departmental Custodial Responsibilities under Federal Contaminated Sites Programming

Indigenous Service Canada (ISC) and Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) are the federal departments with the greatest responsibility for contaminated sites on reserve lands and in the North. These are managed through the Contaminated Sites on Reserve Program (CSOR) and Northern Contaminated Sites Program (NCSP), respectively.

In addition to ISC and CIRNAC, there are other federal organizations responsible for thousands of federal sites across Canada that may impact Indigenous Peoples.

Importantly, many contaminated sites which exist in traditional Indigenous territories are outside the scope of the FCSAP program as these sites are the responsibility of the provincial or territorial governments and not the federal government. This division in responsibilities for contaminated sites means that in some areas:

As part of the 2023 Indigenous engagement mandate, the Centre for Indigenous Environmental Resources (CIER) co-led:

The aim was to provide a forum for meaningful discussion with Indigenous governments and communities to identify gaps and priorities related to:

Feedback from the sessions will assist with informing the future direction of:

Some of the key questions discussed at the engagement sessions included:

This report summarizes the discussions, feedback and recommendations that came from those engagement sessions, as well as the responses gathered from an online questionnaire.

2.0 Approach

The GoC partnered with CIER to support meaningful and culturally appropriate engagement sessions. CIER is an Indigenous owned not-for-profit organization. It provides direction, consultation, and capacity building services, as it relates to environmental initiatives for Indigenous governments, communities and organizations throughout Canada.

The GoC took a hybrid approach to engagement to support inclusivity and as a result, both virtual and in-person forms of engagement were offered. The GoC also took a four-pronged approach to give the opportunity to those who couldn’t attend a session to engage in the process. This was achieved through an emailed/mailed-out questionnaire that asked for feedback on federal contaminated sites management.

Participant outreach included all First Nation bands, Métis representation, and Inuit including women, youth, Elders, and other gender identities.

Local Elders were invited to open both the Winnipeg and Yellowknife sessions with an opening prayer and greeting. Honorariums were provided directly to Elders. In addition, participant fees were distributed to all participating Nations and organizations to compensate for their time. 

To support meaningful discussion at the sessions, CIER alongside ECCC developed and distributed documents to participants in advance of the discussion, including:

Poll Everywhere and Jam Boards were also used throughout the sessions to encourage participation.

A session evaluation was distributed after each session and an online questionnaire was distributed to all contacts to give those who couldn’t attend a session the opportunity to engage and provide feedback.

3.0 Facts and Figures about the Sessions

Over 100 individuals representing Indigenous governments, communities, and organizations across the country participated in the engagement sessions, sharing valuable insights into how contaminated sites affect the health, environment, and social wellbeing of the communities.

A total of six engagement sessions took place across Canada from February 2023 to May 2023 and were divided into specific regions to support a regional, distinctions-based approach.

Four of the sessions were offered virtually to increase accessibility and two of the sessions were conducted in-person.

Attendees included Indigenous representatives, government representatives and CIER staff. The list below provides a summary of the regional sessions along with their corresponding dates:

Western Region (virtual)

Eastern Region (virtual)

Quebec/Labrador Region, including Nunavik and Nunatsiavut (virtual)

Northern (virtual)

Winnipeg (in-person)

Yellowknife (in-person)

Online Questionnaire

4.0 Session Results

Participants across Canada had varying experiences, priorities, barriers, and recommendations regarding federal contaminated sites. This section details what was heard at each session with respect to these focus areas as well as the feedback obtained from the online questionnaire. 

4.1 Western Session (Virtual)

Experience with federal contaminated sites

Forty two percent of participants indicated they had experience with the FCSAP program, while 58% indicated they had no experience. Experience ranged from:

Some of the resulting impacts mentioned at the session included:

Some participants indicated that clean-up efforts have yet to be initiated. Others identified on-going delays in clean-up due to reasons such as:

According to one participant, clean-up efforts were carried out; however, the participant indicated that due to a lack of funding the clean-up did not capture the entire scope of the contamination.

Barriers impacting the management of federal contaminated sites.

Barriers to effective identification, management, and clean-up of contaminated sites included:

One participant noted that their community felt excluded from the general process and discussions and many participants identified the high employee turnover rates in band council positions as a significant barrier.

Recommendations for improving FCSAP contaminated sites programming moving forward.

Recommendations provided by CIER based on participant feedback, for improving the FCSAP program can be found below:

4.2 Eastern Session (Virtual)

Experience with federal contaminated sites

Seventeen percent of participants indicated that they had extensive experience with the FCSAP program. Sixty six percent indicated that they had either moderate and minimal experience, and 17% indicated that they had no experience. Experience ranged from old landfills and improperly capped oil wells to nuclear hazardous waste storage sites.

One participant noted that the contaminated site in their community has been assessed numerous times over a span of 50 years but has yet to be remediated.

Some of the impacts from federal contaminated sites mentioned at the session included:

Barriers impacting the management of federal contaminated sites.

Barriers to effective identification, management, and clean-up of contaminated sites mentioned at the session included:

Recommendations for improving FCSAP contaminated sites programming moving forward.

Recommendations provided by CIER based on participant feedback, for improving the FCSAP program were:

4.3 Quebec/Labrador session, including Nunavik and Nunatsiavut (Virtual)

Experience with federal contaminated sites

Seventy one percent of participants indicated they had minimal experience on the FCSAP program, and 29% indicated they had moderate experience. Experience included:

Participants indicated that the contamination resulting from their various sites continues to negatively impact their waters, soils, and community at large.

Barriers impacting the management of federal contaminated sites.

Barriers to effective identification, management and clean-up of contaminated sites mentioned at the session included:

Recommendations for improving FCSAP contaminated sites programming moving forward.

Recommendations provided by CIER based on participant feedback, for improving the FCSAP program were:

4.4 Northern Session (Virtual)

Experience with federal contaminated sites

Fifty percent of participants indicated they had moderate experience working on the FCSAP program, 33 % had minimal experience and 17% were unsure. Experience included:

Numerous health and environmental impacts resulting from federal contaminated sites were mentioned including:

One participant noted that because of oil barrels being dumped offshore by a previous exploration company, fish can no longer be harvested from the lake and swimming is restricted.

Barriers impacting the management of federal contaminated sites.

Barriers to effective identification, management, and clean-up of contaminated sites mentioned at the session included:

Recommendations for improving FCSAP contaminated sites programming moving forward.

Recommendations provided by CIER based on participant feedback, for improving the FCSAP program were:

4.5 Winnipeg Session (In-Person)

Experience with federal contaminated sites

Twenty eight percent of participants indicated that they had extensive experience with the FCSAP program. Sixty-one percent had either minimal to moderate experience, and 11% had no experience. 

Barriers impacting the management of federal contaminated sites.

Barriers to effective identification, management, and clean-up of contaminated sites mentioned at the session included:

Recommendations for improving FCSAP contaminated sites programming moving forward.

Recommendations provided by CIER based on participant feedback for improving the FCSAP program were:

4.6 Yellowknife Session (In-Person)

Experience with federal contaminated sites

Twenty nine percent of participants indicated that they had extensive experience with the FCSAP program. Fifty seven percent had either minimal to moderate experience, and 14% had no experience. Experience included contamination resulting from oil and gas exploration, a pipeline project, mining, and radioactive waste.

One participant expressed the loss of hunting grounds and traditional territory as a significant impact from contaminated sites.

Barriers impacting the management of federal contaminated sites.

Barriers to effective identification, management, and clean-up of contaminated sites mentioned at the session included the lack of government communication and loss of socio-economic activities and benefits, linked to GoC procurement. For example, there are numerous mine closures in the north, with contamination still present and a significant loss of socio-economic benefits when businesses and workers are mostly contracted outside the local/regional area for:

As well, a lack of funding results in the inability to hire community liaisons, carry out effective contamination prevention, and carry out long-term monitoring.

Recommendations for improving FCSAP contaminated sites programming moving forward

Recommendations provided by CIER based on participant feedback, for improving the FCSAP program were:

5.0 National Themes

Across the country, the following themes emerged for improving FCSAP contaminated sites programming. These themes are related to barriers experienced by participants regarding the management of federal contaminated sites and the various recommendations provided. The themes are:

Theme 1 – Funding

Theme 2 - Indigenous Knowledge

Theme 3 - Engagement and Capacity

Theme 4 - Consultants

Theme 5 - Training Opportunities

Theme 6 - Information and Communication

Theme 7 - Education

Theme 8 - Prevention and Monitoring

Theme 9 - Administrative

6.0 Next Steps

Similar to the key messaging that emerged from the 2018 FCSAP engagement sessions, Indigenous communities must have greater involvement in all phases of contaminated sites projects. This requires improved information sharing and consistent communication from the federal government. Early and ongoing engagement is also essential for meaningful and continued Indigenous involvement and capacity building. Assessment and remediation efforts must be continually informed by:

Long-term, flexible funding needs to be made available and additional training opportunities should be offered to maximize economic benefits for communities and to keep jobs local.

Generally, participants from all sessions indicated they would be interested in opportunities to network and connect with Indigenous governments to learn more about managing contaminated sites, including:

As next steps, the FCSAP Secretariat will consider the key findings and recommendations summarized in this report to inform Phase V program renewal. The FCSAP Secretariat and federal program partners recognize the importance of continued dialogue with Indigenous governments, communities and organizations to help shape the program moving forward through various regional and national engagement activities. Efforts will also continue across the program to increase Indigenous awareness of:

This report will be circulated to all invitees of these engagement sessions in 2025.

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