2024-25 Regulatory and Permitting Efficiency for Clean Growth Projects
The Cabinet Directive on Regulatory and Permitting Efficiency for Clean Growth Projects focuses on the federal efforts needed to accelerate regulatory efficiency for clean growth projects. It is intended to help get clean growth projects built faster by accelerating decision-making related to these projects. For more information, please visit the Clean Growth Office.
Section 1. Overview of Indigenous Services Canada's Role in Supporting Regulatory and Permitting Efficiency
ISC has regulatory and permitting responsibilities for projects under the Impact Assessment Act and under the Indian Act. ISC is a federal regulator for projects, or portions of projects, that are located on reserve lands if the project requires a land authorization or other permit from the Minister of Indigenous Services under the Indian Act. For major projects that are designated under the Impact Assessment Act, ISC provides expert advice to inform the assessment of effects on the health, social, and economic conditions of Indigenous peoples, and the assessment of impacts to rights. Expert advice that ISC provides in a federal environmental assessment is published on the Impact Assessment Registry. For non-designated projects that are on reserve lands ISC conducts an Environmental Review Process for all projects that it proposes, funds, or authorizes, in order to determine whether the project will result in adverse environmental effects.
Section 2. Results for Thematic Areas of the Cabinet Directive
Theme 1: Strengthening service standards
For projects that are designated under the Impact Assessment Act, ISC has consistently met timelines for the impact assessment process. The department is ensuring coordinated information gathering and synthesis across the department, supported by building awareness about the scope of ISC's responsibilities for designated projects.
For projects that are not designated under the Impact Assessment Act, ISC is currently in the process of updating guidance and procedures for its Environmental Review Process (under sections 81 to 91 of the Impact Assessment Act) and is well-positioned to meet the targets. The department is improving internal consistency, coordination, and awareness; enhancing communication to proponents; and building out tools to tailor the level of review required to the level of risk of a project. ISC also leads a sub-working group of departments involved in federal lands reviews, to improve coordination of impact assessment, regulatory, and funding processes, when multiple federal authorities have responsibilities for a project on federal lands.
Theme 2: Providing timely guidance to proponents
Results Achieved:
ISC is a federal regulator if a project includes a physical activity on reserve lands that requires a land authorization or permit from the Minister of Indigenous Services under the Indian Act. First Nations are usually the proponent for projects on reserve lands, and ISC works closely with First Nation proponents to ensure all regulatory requirements are met in a timely manner. Most projects on reserve lands are non-designated projects. ISC has recently improved its Project Description form and accompanying instructions for proponents to enhance clarity regarding information requirements. ISC collaborates with other federal authorities involved in projects on reserve lands to ensure information requirements are coordinated and not duplicative.
Large major infrastructure and resource development projects do not often take place on reserve lands. In the event that ISC does have a regulatory role for a major project, the department is part of the federal review team as part of the impact assessment and is available to work with the proponent and potentially affected First Nations to support the timely and meaningful completion of regulatory requirements and consultation. ISC contributes to permitting plans, providing early advice on Indian Act requirements.
Theme 3: Coordinating consultation with Indigenous Peoples
ISC is actively engaged, as an expert department and a potential regulatory authority, in the review process for all projects for which a federal impact assessment is, or may be, required. ISC participates in the impact assessment process from the earliest stage, including participating in early consultation activities with Indigenous communities whenever possible. The department provides advice on potential adverse effects that the project may have on the social, economic and health conditions of Indigenous peoples. The data and advice that ISC provides is additional to information provided directly by the Indigenous communities who may be impacted. ISC encourages proponents to engage as early as possible with Indigenous communities who may be affected by a project. For non-designated projects on reserve lands, ISC ensures that consultation requirements are met in a coordinated manner with other federal authorities who may be involved.