Operational Framework for Use of Conservation Allowances: chapter 4
Environment Canada: As administrator of the framework, Environment Canada’s role includes evaluation of the appropriate application of conservation allowances within the mitigation hierarchy, review of proposed allowances, entry into allowance agreements or approval of permits, providing advice to other federal departments or provincial authorities, review of monitoring reports and compliance promotion activities.
Allowance proponent: The allowance proponent is the entity responsible for the undertaking of a land- or resource-use activity expected to have adverse impacts on the environment. In most cases, the proponent will also be responsible for the development of the conservation allowances, including developing and submitting a proposal to Environment Canada or the responsible authority. Allowance proponents may work with third-party organizations to undertake any part of the allowance proposal or development, implementation or monitoring.
Other government departments: The Framework is an Environment Canada document, but partnering with other government departments will be necessary in many cases. For example, partnering with Aboriginal Affairs and Northern Development Canada will be sought for some activities located in the North. Where impact avoidance is not possible, the Framework’s approach to determining the appropriate design and use of conservation allowances could be used to contribute to increased consistency in consultation and accommodation for impacts on s.35 or treaty rights.
Similarly, collaboration with the Department of Fisheries and Oceans will be sought for conservation allowances and activities with impacts related to the mandates of both departments. In cases where other federal departments are involved, Environment Canada would provide advice to and work with the regulatory authority, as required.
Other levels of government: While other levels of government are not bound by this framework, their partnership will be essential in areas of shared or overlapping jurisdiction. The most frequent partnering is expected with provincial governments for activities being undertaken on provincial Crown lands or privately owned lands not under federal jurisdiction. Where there is overlap in federal and provincial conservation allowance programs, a single conservation allowance may suffice if it meets the criteria of both jurisdictions.
Environment Canada will consult and work with Aboriginal governments when conservation allowances are contemplated for impacts from proposed land- and resource-use activities that would affect Aboriginal and/or treaty rights or lands and when a proposal is made for an allowance activity to be situated on Aboriginal lands.
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