2018-2019 Departmental Results Report: Horizontal Initiatives

Name of horizontal initiative

Impact Assessment and Regulatory Processes

Lead department

Impact Assessment Agency of Canada

Federal partner departments

Crown-Indigenous Relations and Northern Affairs Canada

Indigenous Services Canada

Environment and Climate Change Canada

Fisheries and Oceans Canada

Health Canada

National Energy Board

Natural Resources Canada

Transport Canada

Non-federal and non-governmental partners

Not applicable

Start date of the horizontal initiative

August 28, 2019

End date of the horizontal initiative

2022 -23

Description of the horizontal initiative

The objective of the horizontal initiative is for impact assessments and regulatory processes in Canada to reflect a commitment to social, economic and environmental sustainability and respect our partnership with Indigenous peoples.

The horizontal initiative covers all activities linked to the legislation contained in Bill C-69 (“An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts”) and Bill C-68 (“An Act to amend the Fisheries Act and other Acts in consequence”).

The horizontal initiative delivers more than 50 activities across the following six themes:

1. Impact Assessment: includes an early planning phase to increase early engagement in project design, and consideration of a broader range of effects, including both positive and negative impacts on the environment and social, economic and health conditions.

2. Partnering with Indigenous Peoples: providing meaningful opportunities for partnership with Indigenous peoples in support of the Government’s commitment to reconciliation and to move beyond meeting the legal duty to consult.

3. Cumulative Effects, Open Science, and Evidence: developing a better understanding of the cumulative effects of resource development through regional and strategic initiatives, and sharing science products and evidence (data and Indigenous knowledge, as appropriate) with Canadians through an Open Science and Data Platform. Specifically related to Indigenous peoples, activities of this theme include:
   • Implementing a Centre of Expertise on Environmental Assessment and Cumulative Effects that will support the “weaving together” of Indigenous knowledge and Western scientific knowledge;
   • Developing approaches to make Indigenous knowledge available on the Open Science and Data Platform;
   • Co-developing community-based monitoring programs, largely targeted toward Indigenous communities, that will likely incorporate Indigenous knowledge to inform monitoring; and
   • Working with Indigenous communities on sharing information related to biodiversity data.
4. Protection of Fish and Fish Habitat in Canada: restoring lost protections and incorporating modern safeguards to protect fish and fish habitat Canada.

5. Protection of the Public Right to Navigation: protecting the public right to navigation on all navigable waters, while enabling reconciliation and new partnerships with Indigenous peoples and introducing modern safeguards to create greater transparency.

6. Regulation of Energy: helping restore investor confidence, building public trust and advancing Indigenous reconciliation, while ensuring good projects go ahead and Canada’s energy resources get to markets responsibly.

Governance structures

This horizontal initiative is led by the Impact Assessment Agency of Canada (IAAC) and supported by the aforementioned partner organizations.

A Horizontal Initiative Oversight Committee (the Committee) is responsible for ensuring:

• the initiative is appropriately supported by timely, quality performance information;
• robust tracking and reporting for all funds of the initiative is performed in a coordinated manner that supports public and parliamentary reporting requirements;
• reporting is timely and accurate;
• issues are raised in a timely manner; and
• conflicts are resolved.

The Committee will provide the oversight and direction of the Horizontal Initiative Framework, which will support delivery of the new system.

The Deputy Head Oversight Committee (the Oversight Committee) is comprised of all partner organizations, with IAAC as the lead. Meetings will occur at least semi-annually, with more frequent meetings as required.

Total federal funding allocated (from start to end date)(dollars)

Total federal planned spending to date (dollars)

Total federal actual spending to date (dollars)

Date of last renewal of the horizontal initiative

Not applicable

Total federal funding allocated at the last renewal, and source of funding (dollars)

Not applicable

Additional federal funding received after the last renewal(dollars)

Not applicable

Funding contributed by non-federal and non-governmental partners (dollars)

Not applicable

Fiscal year of planned completion of next evaluation

2022 -23

Shared outcome of federal partner departments

Impact assessment and regulatory processes in Canada reflect a commitment to social, economic and environmental sustainability and respect our partnership with Indigenous peoples

Performance indicator(s)

1. Percentage of impact assessments completed within the timeline established at the end of the planning phase
2. Percentage of proponent impact statement reports submitted in accordance with the impact statement guidance
3. Number of partnership agreements each year (formal agreements, other agreements) across implicated departments/agencies
4. Percentage of Impact Assessment Reports provided to decision-makers that are evidence-based (economic, environmental, social, health, science, Indigenous knowledge, gender-based analysis plus [GBA+], cumulative effects, as appropriate)
5. Percentage of users who indicate they accessed the open science and data platform to: facilitate participation in impact assessment and/or regulatory processes; understand and/or better manage cumulative effects; consider Indigenous Knowledge open information; other
6. In the medium and long term, track the degree to which the assessment of impacts are accurate and mitigation measures are effective
7. Percentage of participants in selected impact assessment and regulatory process engagement/consultation activities (including but not limited to: open houses, comment periods, review panel hearings, etc.) that indicate that they had the opportunity to provide input

Target(s)

The following targets were identified in the development of the horizontal initiative results framework in 2018-19. These will be updated in 2019-20, as necessary, to reflect a coming into force date of August 28, 2019.

1. 90 %
2. 70 %
3. To be determined once baseline established in 2019-20
4. 100 %
5. To be determined once Open Science and Data Platform is launched
6. 80 %; 100% compliance with conditions attached to facility authorizations; 100% of development projects occurring in or near water effectively mitigate (or offset) impacts to fish or fish habitat by March 31, 2020
7. To be determined once baseline established in 2020-21

Data source and frequency of monitoring and reporting

1. IAAC: Assessment Management System (AMS) IAAC Internal database – Annually (first reporting period: 2020-21)
2. IAAC: Internal database (AMS) – Annually (first reporting period: 2020-21)
3. IAAC: Internal database (AMS), DFO: Internal database, CIRNAC/ISC: Integrated Environmental Management System – Annually (first reporting period: 2020-21)
4. IAAC: Internal database (AMS), Review by the Chief Science Advisor after year 3 – Annually (first reporting period: 2020-21)
5. Open Science and Data Platform Web Analytics – Annually (first reporting period: 2020-21)
6. IAAC: Internal database (AMS), NEB: ORCA database, DFO: Program Activity Tracking for Habitat (PATH) – Annually
7. IAAC: Internal database (AMS), NEB: Internal database – Annually

Results

The Impact Assessment and Regulatory Processes Horizontal Initiative came into effect on August 28, 2019. Results will be reported starting in 2019-20.

Expected outcome of non-federal and non-governmental partners

Not applicable

Name of theme

Impact Assessment

Theme outcome

1. Timely and predictable impact assessment processes
2. Impact assessment decisions are based on science and evidence and consider environmental, economic and social impacts

Theme performance indicator(s)

1. Percentage of impact assessments that adhere to legislated time limits (e.g. Integrated assessments – 300 days, naming of panel – 45 days, Early Planning – 180 days, etc.)
2. Percentage of impact assessment decisions that are based on science and evidence and consider environmental, economic and social impacts

Theme target(s)

The following targets were identified in the development of the horizontal initiative results framework in 2018-19. These will be updated in 2019-20, as necessary, to reflect a coming into force date of August 28, 2019.

1. 100 %
2. 100 %

Theme data source and frequency of monitoring and reporting

1. Internal database (AMS) – Annually
2. Internal database (AMS) – Annually

Theme results

The Impact Assessment and Regulatory Processes Horizontal Initiative came into effect on August 28, 2019. Results will be reported starting in 2019-20.

Name of theme

Partnering with Indigenous Peoples

Theme outcome

Opportunities for meaningful participation of Indigenous peoples in impact assessment and regulatory processes

Theme performance indicator(s)

1. Percentage of impact assessments and regulatory processes that engage Indigenous groups as per engagement plan
2. Percentage of project impact assessment decisions that articulate how the Indigenous perspectives were addressed

Theme target(s)

The following targets were identified in the development of the horizontal initiative results framework in 2018-19. These will be updated in 2019-20, as necessary, to reflect a coming into force date of August 28, 2019.

1. 100 %
2. 100 %

Theme data source and frequency of monitoring and reporting

1. Crown consultation report – Annually
2. IAA/panel determination documentation, Minister's reasons for decision – Annually

Theme results

The Impact Assessment and Regulatory Processes Horizontal Initiative came into effect on August 28, 2019. Results will be reported starting in 2019-20.

Name of theme

Cumulative Effects, Open Science, and Evidence

Theme outcome

1. The understanding of the cumulative effects of development is improved
2. The understanding of cumulative effects informs environmental management, including impact assessments

Theme performance indicator(s)

1. Number of times products are accessed from the Open Science and Data Platform (products could include datasets, science products and Indigenous knowledge open information)
2. Percentage of impact assessments informed by regional assessments or marine spatial plans – in regions where such assessments or plans have been conducted

Theme target(s)

The following targets were identified in the development of the horizontal initiative results framework in 2018-19. These will be updated in 2019-20, as necessary, to reflect a coming into force date of August 28, 2019.

1. To be determined once baseline established in 2020-21
2. 100 %

Theme data source and frequency of monitoring and reporting

1. Open Science and Data Platform – Annually (first reporting period: 2020-21)
2. Bibliometric analysis of project impact assessments – Annually (first reporting period: 2020-21)

Theme results

The Impact Assessment and Regulatory Processes Horizontal Initiative came into effect on August 28, 2019. Results will be reported starting in 2019-20.

Name of theme

Protection of Fish and Fish Habitat in Canada

Theme outcome

Responsive and integrated regulatory, planning, partnership and monitoring activities support the sustainability of fish and fish habitat in Canada

Theme performance indicator(s)

Number of spatial or area-based reports on the state of fish and fish habitat in Canada

Theme target(s)

The following target was identified in the development of the horizontal initiative results framework in 2018-19. It will be updated in 2019-20, as necessary, to reflect a coming into force date of August 28, 2019.

• Three (3) Reports

Theme data source and frequency of monitoring and reporting

Records of ecosystems management, based on cooperation among authoritative data holders – every 2 years

Theme results

The Impact Assessment and Regulatory Processes Horizontal Initiative came into effect on August 28, 2019. Results will be reported starting in 2019-20.

Name of theme

Protection of the Public Right to Navigation

Theme outcome

A system that protects the public right to navigation on all navigable waters, enables reconciliation and new partnerships with Indigenous peoples, and includes modern safeguards to create greater transparency

Theme performance indicator(s)

1. Percentage of non-compliances found through oversight activities that are resolved through corrective action or enforcement
2. Percentage of decisions made under the Canadian Navigable Waters Act that have considered Indigenous input on projects
3. Percentage of applications where Transport Canada makes publicly available its reasons for not adding waterways to the Schedule

Theme target(s)

The following targets were identified in the development of the horizontal initiative results framework in 2018-19. These will be updated in 2019-20, as necessary, to reflect a coming into force date of August 28, 2019.

1. 100 %
2. 100 % of projects that could have an adverse effect on the rights of Indigenous peoples
3. 100 %

Theme data source and frequency of monitoring and reporting

1. Internal database – Annually
2. Internal database – Annually
3. Internal database – Annually

Theme results

The Impact Assessment and Regulatory Processes Horizontal Initiative came into effect on August 28, 2019. Results will be reported starting in 2019-20.

Name of theme

Regulation of Energy

Theme outcome

1. Regulatory framework is robust, current and regulatory requirements and expectations are clear and publicly available
2. Engagement activities with stakeholders are meaningful
3. Harm to people or the environment, throughout the lifecycle of energy-related activities, is prevented

Theme performance indicator(s)

1. Percentage of surveyed stakeholders that agree that regulatory requirements and expectations are clear
2. Percentage of surveyed stakeholders who engaged with the National Energy Board who indicate that the engagement was meaningful
3. Number of incidents related to National Energy Board-regulated infrastructure that harm people or the environment; Percentage change of near misses on National Energy Board- regulated infrastructure

Theme target(s)

The following targets were identified in the development of the horizontal initiative results framework in 2018-19. These will be updated in 2019-20, as necessary, to reflect a coming into force date of August 28, 2019.

1. 75 %
2. 75 %
3. 0 ; 5% decrease

Theme data source and frequency of monitoring and reporting

1. Survey – Annually
2. Survey – Annually
3. Internal database – Annually

Theme results

The Impact Assessment and Regulatory Processes Horizontal Initiative came into effect on August 28, 2019. Results will be reported starting in 2019-20.

Performance highlights

Bill C-69 was referred to the Senate in June 2018 and to the Standing Senate Committee on Energy, the Environment and Natural Resources for study in December 2018.

Contact information

Sharonne Katz

Director, Planning, Results and Executive Services

160 Elgin Street, 22^nd Floor

Ottawa ON K1A 0H3

(613) 852-6825

sharonne.katz@canada.ca