Indian Oil and Gas Act and Regulations – Record of Consultations
A. Legislative Development (1999 to 2009)
Indigenous and Northern Affairs Canada (INAC) and Indian Oil and Gas Canada (IOGC) initiated the modernization of the legislative and regulatory regime governing on-reserve oil and gas exploration and development, in partnership with First Nations, in 1999. With First Nations concurrence, the project was subsequently put on hold for approximately two years while the Department focused resources on emerging, First Nations-led legislative initiatives that resulted in both the First Nations Commercial and Industrial Development Act and the First Nations Oil and Gas and Moneys Management Act.
Work resumed on amending the Indian Oil and Gas Act, 1974 and its associated regulations in 2006. Working in partnership with the Indian Resource Council, an Indigenous organization that advocates on behalf of some 189 member First Nations with oil and gas, or the potential for such resources, a Joint Technical Committee (the Committee) was established that was comprised of Departmental officials, officials from Justice Canada (as required), and oil and gas technicians from the oil and gas producing First Nations. First Nations were funded for their participation on the Committee and the funding provided included the ability for First Nations to obtain independent legal, technical, and business advice during the development of the proposed legislation. After being introduced in Parliament on three separate occasions, the amendments to the Indian Oil and Gas Act, 1974 received Royal Assent in May 2009 and resulted in the Indian Oil and Gas Act, 2009. The 2009 Act is not yet in force because regulations authorized under that statute had yet to be completed.
B. Regulatory Development (2008 to present)
Regulatory development kicked off in parallel with the 2009 Act going through the Parliamentary review and approvals process. The Committee continued as before except work focused on proposed regulations instead of legislation. As before, First Nations were funded for their participation on the Committee and their funding included the ability to obtain independent legal, technical, and business advice on the proposed regulations.
1. New Strategy for Regulations Development (2013)
The Department met its planning objective of completing all the regulatory drafting instructions by the end of March 2013. Yet the sheer volume of material produced (more than 6,600 pages of drafting instructions and provincial rules to be replicated) had two important implications: 1) it would have taken considerable time for Justice Canada regulatory drafters to read, understand the complex and technical subject matter, and then draft regulations; and, 2) it would have been challenging to have meaningful consultations with First Nations given the volume of material and its technical complexity. The 2009 Act contains many benefits for First Nations because new powers are provided for Canada: 1) to audit companies working on First Nations reserve lands; 2) to set longer periods for industry to maintain records for auditing purposes; 3) to deal more effectively with surface and sub-surface trespass; 4) to protect First Nation sites of cultural importance; 5) to order companies to take remedial action under certain circumstances; 6) to provide for the issuance of fines and penalties for offences under the Act or regulations; 7) to add specificity on regulation-making authorities; and, 8) to report to Parliament every two years on consultations and future variations in regulations from province to province. To ensure that First Nations benefitted from the improvements contained within the 2009 Act with minimal delay, the Department proposed – and First Nations agreed to – a phased approach for regulatory development. The 2009 Act will be brought into force together with a smaller set of Phase I, or core, regulations. In subsequent phases, new regulations would progressively replace sections of the existing 1995 regulations until the 1995 regulations have been entirely replaced by new, modern regulations and First Nations will continue to be consulted throughout this process.
2. Phase I Regulations – Ready for Approvals and Gazette Processes (2016)
The Phase I, or core, regulations are ready for Departmental approvals followed by Treasury Board consideration and approval that would lead to their pre-publication in Canada Gazette, Part I for public review and commentary. Depending on feedback received, the 2009 Act and the Phase I regulations are projected to become law in late 2016 or early 2017. The 2009 Act and the Phase I regulations will make significant improvements in three broad categories:
- Increased legal certainty, particularly for the regulatory process governing oil and gas exploration and development on First Nations reserve lands (by clarifying powers, roles and responsibilities. By way of example, courts have ruled that, under the existing 1974 Act and 1995 regulations, Canada does not have audit powers for companies doing business on reserve. The 2009 Act and new regulations address this by providing explicit audit powers along with elaborating the audit process);
- Improved ability for the Government of Canada to regulate oil and gas development on First Nations reserve lands (by providing the Department with a modern suite of regulatory tools, including an enforcement ladder, that is equivalent to the tools available to provincial regulators); and,
- Enhanced environmental protection and improved preservation of First Nation sites of cultural, historical and ceremonial significance (by providing the Department with powers to halt operations, should First Nation sites of cultural significance be discovered or threatened; operations can only be resumed with concurrence from the First Nation).
Specifically, the Phase I, or core, regulations include amendments to the existing 1995 regulations:
- to make them compatible with the 2009 Act;
- to reflect modern regulations drafting conventions; and,
- to codify existing practices that had evolved over many years among IOGC, First Nations and industry and which have proven beneficial to the on-reserve oil and gas process.
The Phase I regulations also include new regulations for:
- Subsurface Tenure;
- Drainage and Compensatory Royalty;
- First Nations' Audit; and,
- Royalty reporting provisions to facilitate verification (i.e., data submission and use of Petrinex, formerly PETRINEX, an acronym formed from PETRoleum INformation EXcellence – the industry and provincially-recognized authoritative source for oil and gas volume and pricing data).
3. Phase I Regulations – Content
The proposed Phase I regulations will provide many benefits to First Nations. The following is a brief summary of some of the key provisions of the proposed Phase I regulations.
Subsurface Tenure: Both Chief and Council and the Minister must approve any contract issued for the exploration or exploitation of oil and gas on First Nations reserve lands. To ensure transparency, the proposed new regulations will clearly stipulate the criteria the Minister will use to evaluate a proposed contract. This transparency will ensure that First Nations know exactly what criteria must be met in order to approve a contract, which will facilitate the negotiations between Chiefs and Councils and industry.
The terms and conditions respecting leases and permits have been modernized to ensure efficiency in administration and to promote timely development of resources. Leases, which are typically used for smaller dispositions of land, will have an initial term of 3 years rather than the 5 years provided in the current regulations. This gives companies 3 years to prove lands productive prior to continuance and prevents companies from holding onto lands that are not being developed. Permits, which are typically used for larger dispositions of land, have an initial term fixed between 2 and 5 years depending on the region in which the contract is located. Regions with deep drilling, complex geology and access challenges typically have longer terms while areas with shallow drilling and year-round access have shorter terms. These timeframes are consistent with the terms of provincial contracts off reserve, which will help ensure First Nations reserve lands are competitive with equivalent off reserve lands. First Nations will be able to negotiate drilling commitments, earning provisions, and the contract depth of earning wells in order to meet specific needs and circumstances. The cumbersome lease selection process is replaced with a provision that allows production from permit lands, and earned permit lands to qualify for a 3-year intermediate term. The new approach encourages companies to develop permit lands in an orderly and timely manner.
Two of the most common concerns raised by First Nations are that the current regulations do not adequately protect First Nations reserve lands from drainage and that the continuance provisions were too generous. The proposed regulations have addressed both of these concerns.
Continuance: With respect to continuance, the proposed new regulations restrict the amount of land that can be continued on the basis of mapping thereby ensuring companies can continue only lands they have proven productive. The proposed new regulations allow lands to be continued indefinitely as long as they are considered productive. New non-productivity notices will be sent to the company if a well is abandoned, if a company fails to produce, or if lands are no longer considered productive. The notice gives the company one year to prove the lands productive or the lands will be returned to the First Nation.
Drainage and Compensatory Royalty: With respect to drainage, the regulations provide for proximity-based offset notices to be issued whenever a well is producing adjacent to First Nations reserve lands. The default option of the notice will be for the company to pay a compensatory royalty in 6 months unless a well is put on production in the First Nation spacing unit or the lands are surrendered. This new provision will substantially increase the number of offset notices issued and will ensure that the First Nation is either paid compensatory royalty or wells are drilled on reserve to protect the First Nation's interests. If the offset lands are not leased, a notice will be sent to the Chief and Council and work can begin to lease the lands.
Royalty Reporting Requirements: The royalty reporting requirement provisions give IOGC the regulatory authority needed to utilize Petrinex. Petrinex was created jointly by provincial governments and industry to facilitate the fast and accurate management of key volumetric and commercial information used to calculate and verify royalty. Upon IOGC's receiving full membership and informatics enhancements to exchange data with Petrinex, the new reporting provisions and the use of Petrinex will ensure royalties are determined quickly and accurately.
First Nation Audit: The regulations give the First Nation the ability to enter into an agreement to conduct an audit on behalf of the Minister.
Updates to 1995 Regulations: The regulations were updated to reflect existing regulatory authorities and to incorporate modern drafting standards. In addition, the regulations have been updated to reflect some of IOGC's current practices and policies. For example, the regulations include requirements for environmental reviews to accompany applications for exploration programs, surface agreements (wells and pipelines), and bitumen projects.
From late 1999 to early 2015, IOGC prepared and facilitated a number of consultation activities on the proposed amendments to the Indian Oil and Gas Act, 1974 and the 1995 regulations enacted under that statute. These consultations were in line with the Crown's statutory duty to consult and the federal government directive to fulfill this duty. Over a 15-year period, key stakeholders were engaged via one-on-one sessions, technical workshops and conferences, and provided with information packages for their review and feedback.
Results from the consultation activities were utilized to amend the Indian Oil and Gas Act, 1974, that resulted in the Indian Oil and Gas Act, 2009, and Phase I of the proposed Indian Oil and Gas Regulations, that would entirely replace the existing Indian Oil and Gas Regulations, 1995, with concerted effort to accommodate First Nations interests and values.
In general, consultations can consist of either information-sharing on decisions made, feedback or input on decisions made or joint planning on decision-making. In order to fulfill the duty to consult, IOGC facilitated multiple consultation activities to ensure First Nation stakeholders – including individual Chiefs and Councils, representative organizations such as the Indian Resource Council, the Federation of Sovereign Indigenous Nations, and Tribal Councils – were fully aware of the proposed regulatory changes and were provided opportunities to be informed, to receive feedback, and to provide input. Examples of activities and materials reviewed include: 1) drafts of proposed legislation; 2) policy (objective) documents; 3) regulatory drafting instructions; 4) drafts of proposed regulations; 5) one-on-one, face-to-face sessions; 6) 10 Technical symposiums (four since 2008 focused on the new Act or regulations); 7) direct letters including updates sent to inform and to seek feedback; 8) quarterly newsletter – now entering its sixth year of publication – with updates on regulations development sent to all oil and gas First Nations and to oil and gas companies with active agreements on First Nations reserve lands; 9) research, advice, recommendations generated by the Committee or via the independent technical reviews; and,10) presentations at First Nation and industry conferences including every Indian Resource Council Annual General Meeting since 1999.
A significant part of the consultation process was funding and liaising with the Indian Resource Council and the Committee, and its sub-committees. These committees provided input and commentary on the drafting instructions and policy documents and were funded to obtain independent, expert technical and legal advice to review the Act and regulations. Since 2003, over $7.3 million was contributed to the Committee process. Since 2008, approximately $1.5 million has been expended by First Nations to obtain independent advice via the hiring of external consultants and lawyers.
Additionally, funding was provided for the establishment of two First Nations-operated oil and gas business centers in Alberta and Saskatchewan in 2008 and 2009, respectively.
Consultations on modernization of the on-reserve oil and gas legislative and regulatory regime have been among the most comprehensive ever conducted by the Department. In addition to the Committee – a table that provided oil and gas First Nations a forum to actively participate in legislative and regulatory development and that provided means for them to obtain independent advice – the Department also engaged more than 250 stakeholders via over 80 one-on-one meetings, ten symposiums and six technical workshops, and distributed information packages. In response, IOGC received a multitude of written submissions and verbal feedback. Stakeholders engaged and consulted included:
- First Nations:
- 68 individual First Nations – including both significant and other producers and First Nations located in geographic areas with potential production.
- First Nations organizations that advocate on behalf of oil and gas First Nations – including the Indian Resource Council, the Indian Oil and Gas Canada Co-management Board, and the Federation of Sovereign Indigenous Nations.
- Joint Technical Committee – From 2003 to 2016, over $7.3 million was provided to the Committee for work on the Act and regulations; from 2008 to 2015, First Nations on the Joint Technical Committee expended $1.5 million to obtain independent advice.
- 3 First Nation Independent Reviews – as an additional backstop for the Committee process, including its independent review, funding was provided to three major oil and gas producing First Nations (White Bear, Loon River, Frog Lake) to conduct a parallel legal and technical review on the proposed regulations.
- Oil and Gas Industry and Advocates – 177 Canadian oil and gas companies, including companies with interests on First Nations reserve lands, and industry advocates the Canadian Association of Petroleum Producers and the Explorers and Producers Association of Canada.
- Provincial Governments – eight provincial Departments / Ministries of Energy and provincial oil and gas regulatory bodies
- All Stakeholders, including the General Public – the 2nd Consultation Draft of the regulations (version May 2015) was published, in both official languages, in the First Nations Gazette on May 12, 2015. Stakeholders were provided an opportunity to review the regulations and to submit feedback. Feedback received was reviewed and considered for inclusion in subsequent drafts of the regulations.
A special, advanced copy of the Blue-Stamped regulations (version May 2016), used to consult First Nations at the March and April 2016 symposiums, was published, in both official languages, in the First Nations Gazette on May 16, 2016. Stakeholders were directed to submit their feedback during the upcoming pre-publication public consultation process in the Canada Gazette, Part I.
The proposed regulations will also be pre-published in the Canada Gazette, Part I, for a minimum period of 30 days (if this overlaps with the December holiday season, the Department plans to extend this period), currently project to occur in fall 2016. This would provide the general public (including all First Nations) an opportunity to express their concerns, if any.
III List of Appendices:
- Appendix A: IOGC Co-Management Board Meetings since 2002, Joint Technical Committee Meetings, and Indian Resource Council Annual General Meetings – Consultations on Act and Regulations
- Appendix B: Act and Regulations – Consultation Activities – 2001 to 2003
- Appendix C: Act and Regulations – Consultation Activities – 2008 to 2016
- Appendix D: Overview of Types of Consultation Activities Conducted
- Appendix E: List of Stakeholders Consulted
IOGC Co-Management Board Meetings since 2002, Joint Technical Committee Meetings, and Indian Resource Council Annual General Meetings – Consultations on Act and Regulations
|September 1, 1998||IRC AGM||Regina, Saskatchewan||Discussed the pilot project and agenda for the past fiscal year|
|September 29, 1999||IRC AGM||Edmonton, Alberta||Discussion on the restructuring of the IOGC Board|
|September 20, 2001||IRC AGM||Tsuu T'ina Nation, Alberta||Update on the Pilot initiative and Co-Management Board|
|August 7, 2002||JTC-1||Ramada Edmonton Inn||First Meeting; role of JTC; presentation on comments received during consultations; update on addition of "Major Projects" concept to IOG Act amendments|
|September 25, 2002||JTC-1||Ramada Edmonton Inn||Discussion on joint or co-drafting between English and French and submission of memo to cabinet and its role as a secret document|
|January 9, 2003||JTC-1||Simeon Room, Tsuu T'ina Nation||Update on Federal legislative process and roles and responsibilities of subcommittee|
|February 19, 2003||JTC-1 and subcommittee||Delta Airport Hotel, Calgary||Update on drafting progress; discuss relationship between subcommittee and JTC; overview of legislative process|
|March 11, 2003||IRC Board, IOGC Co-Management Board, JTC-1, JTC subcommittee, Pilot Negotiating Team and Working Group||Carriage House Inn, Calgary||Share information and Q&A to various groups involved in the legislative change process|
|April 1, 2003||JTC subcommittee||Carriage House Inn, Calgary||Presentation on Proposed changes to the Indian Oil and Gas Act and presentation on "Initiating a Consultation Process"|
|May 13, 2003||JTC-1 and JTC subcommittee||Delta Airport Hotel, Calgary||Provide status update on the drafting of legislation for the Amending the Indian Oil and Gas Act|
|May 23, 2003||JTC-1||Delta Airport Hotel, Calgary||Discussion on first part of the drafting instructions for the IOGA|
|May 27, 2003||JTC subcommittee||IOGC Large Boardroom||Handout "What security measures must be taken with Bills?" discussion on crude bitumen, compensatory royalty; copies of draft handed out to committee members and clause by clause review|
|October 9, 2003||IRC AGM||Carriage House Inn, Calgary AB||Annual General Meeting – Overview of Federal Legislative Process and status report on the amendments to the IOGA|
|November 26 & 27, 2003||JTC/FNOGMMA Joint meeting||Calgary, AB||Update on proposed amendments to IOG Act and Regulations|
|December 1 & 2, 2003||JTC subcommittee||IOGC Boardroom||Clause by clause review of new draft of Act to Amend the Indian Oil and Gas Act|
|August 2, 2006||JTC-1||Executive Royal Inn, Calgary, AB||Review of proposed changes to the IOG Act and Regulations; discuss accommodation and outreach strategy|
|September 5, 2006||JTC-1||Calgary, AB||Update on progress for amendments to the IOGA and Regulations|
|September 26, 2006||JTC-2||Hospitality Inn, Edmonton, AB||Discussion on symposium; presentation of JTC-1 deck; GAP analysis paper|
|October 19, 2006||IRC||Royal Executive Inn, Edmonton, AB||Symposium – Presentation on the Proposed Changes to the Indian Oil and Gas Act (Audit, Limitation Period, Enforcement Mechanisms, Subsurface Trespass, Ministerial Review, Drainage, Fee Schedule, Environmental Protection)|
|December 19, 2006||JTC-1 & JTC-2||Conference Call||2007 Planning session|
|February 5, 2007||JTC-1||Carriage House Inn, Calgary, AB||Review and comments on Draft #9 of Act|
|February 13, 2007||JTC-2||Carriage House Inn, Calgary, AB|
|February 14, 2007||Steering Committee||Carriage House Inn, Calgary, AB|
|June 20, 2007||JTC-1||Carriage House, Calgary AB||Update on Drafting Instructions and Process; Review of Draft #9;|
|July 26, 2007||JTC-2|
|September 7, 2007||JTC-1||Videoconference call||Discuss written comments from First Nations regarding IOGA and Regulations|
|October 15 & 16, 2007||JTC-1||Carriage House, Calgary AB||Presentation on proposed changes to Indian Oil and Gas Act and discussion regarding seizure detaining, forfeiture and third party interest provisions|
|October 30 & 31, 2007||JTC-1||Executive Royal Inn – West Edmonton||Presentation on developing a common understanding of Incorporation by Reference; presentation on current IOGC regime and provincial regime|
|November 15, 2007||IRC AGM & JTC-1||Saskatoon, SK||Update on the proposed changes to the Indian Oil and Gas Act|
|January 22, 2008||JTC-1||Delta South, Calgary||Draft #11 clause by clause review; discussion on draft presentation for steering committee; presentation on "Issues raised in IRC Letter Oct 10, 2007"|
|March 5 & 6, 2008||JTC-1||Delta South, Calgary||IOGA presentation – Review of Draft IOG Act|
|May 2, 2008||JTC-1||Delta South, Calgary||Symposium - Q&As on progress to amend the IOG Act and Regulations|
|November 12, 2008||JTC-1||Vancouver, BC||Proposed regulations update to the JTC Steering Committee|
|December 17, 2008||JTC-1||Meeting on discussion document to be used as a basis for Drafting Instructions; Contracts portion of regulations|
|December 18, 2008||JTC-2||Executive Royal Inn, Calgary, AB||Discuss work plan and continuous change process|
|December 31, 2008||IRC||Discuss royalty concepts, removal of abandoned pipeline in Alberta, continuance and drainage|
|January 21, 2009||JTC-1||Calgary, AB||Update on Bill C-5|
|February 20, 2009||JTC-1||Royal Calgary Inn||Update on proposed amendments of Act and regulations|
|March 19, 2009||JTC-1||Executive Royal Inn||Presentation outlining need for regulations and scope of regulatory authority of Bill C-5|
|April 16, 2009||JTC-1||River Cree Resort||Bill C-5 update; presentation of issue papers on methods of disposition, employment of First Nations residents|
|May 27/28, 2009||JTC-1||Calgary, AB||Presentation on issues brought forward|
|July 2, 2009||JTC-1||Executive Royal Inn, Calgary AB||Presentation on High Level Scope of Amendments to the IOG Regulations|
|July 8, 2009||IOGC Co-Management Board||Update|
|September 17, 2009||JTC-1||River Cree Marriott, Enoch, AB||Presentation on "Defining the Modern Regulator"|
|January 16, 2010||JTC-1||River Cree Marriott, Enoch, AB||Drainage and Compensatory Royalty|
|January 26, 2010||JTC-1||River Cree Marriott, Enoch, AB||Presentation to JTC#1 on Tenure Policy|
|April 28/29, 2010||JTC-1||Ignacio, Colorado||Effective Approach for First Nation Involvement in Oil and Gas Development; Introduction of the Exploratory module and Drainage and Compensatory Royalty|
|March 2 & 3, 2010||JTC-1||Carriage Inn, Calgary AB||Update on future modules and referential incorporation; report on Drainage and Compensatory Royalty and Communication/Consultation Plan|
|May 20, 2010||IOGC Board||Ottawa||Update on Indian Oil and Gas Regulations|
|June 22& 23, 2010||JTC-1||Winnipeg, Manitoba||Overview of exploration module and update on amendments to the IOG regulations|
|July 13, 2010||JTC-1 & JTC-2||Saskatchewan||Saskatchewan First Nations Natural Resources Centre of Excelled – Update on Amendments to the Indian Oil and Gas Regulations|
|July 15, 2010||IOGC Co-Management Board||Calgary, AB||Update on Amendments to the Indian Oil and Gas Regulations|
|August 26, 2010||JTC-1||River Cree Resort, Enoch, AB||Presentation on the Alberta Energy Resources Conservation Board Position Regarding On-Reserve Oil and Gas Development and tabled Exploration module|
|September 24, 2010||JTC-1||River Cree, Enoch, AB||Update on proposed Regulations and review comments on Drainage and Compensatory Royalties and Exploration that JTC#1 completed|
|October 4, 2010||JTC-1||River Cree Resort, Enoch, AB||Update on proposed Regulations|
|October 26 & 27, 2010||JTC-1||Edmonton||Update on proposed Regulations|
|November 3, 2010||JTC-1||Edmonton||Update on proposed Regulations|
|November 8, 2010||IOGC Co-Management Board||Updates on amendments to the Indian Oil and Gas Regulations, 1995|
|November 9, 2010||IRC||Enoch, AB||Annual General Meeting – Updates on Amendments to the Indian Oil and Gas Regulations, 1995|
|December 7, 2010||JTC-1||Carriage House, Calgary, AB||Discussion on responses to completed modules, incorporation by reference, and the role of JTC#1 in the drafting process|
|January 25, 2011||JTC-1||Holiday Inn, Calgary||Update on amendments to IOG regulations|
|February 17, 2011||JTC-1||Edmonton, AB|
|March 9, 2011||IOGC Co-Management Board||Calgary, AB||Update on the MARS Project|
|March 16 & 17, 2011||JTC-1||Edmonton, AB||Update on the amendments to the IOG regulations|
|March 30, 2011||JTC-2||Gatineau, Quebec||Updates on the amendments to the IOG regulations|
|April 28, 2011||JTC-1||Conference Call||Update on work plan|
|May 5, 2011||IRC Board||Delta South, Calgary, AB||Briefing Session – Updates on Amendments to the Indian Oil and Gas regulations|
|May 18, 2011||IOGC Co-Management Board||Calgary, AB||MARS update|
|July 15, 2011||IOGC Co-Management Board||Calgary, AB||Updates on the amendments to the IOG regulations and MARS|
|August 25, 2011||JTC-1||MARS update|
|October 27, 2011||JTC-1||River Cree Resort||Proposed Module Update for Progress, Issues, Direction & Process|
|November 3, 2011||JTC-1||Enoch Cree Nation, AB||Update on process to amend the Indian Oil and Gas regulations; Presentation on the draft regulatory conservation module|
|November 20, 2011||IOGC Co-Management Board||River Cree Resort, Enoch, AB||Update on MARS and IOGC Regulations|
|November 21 & 22, 2011||IRC AGM||River Cree Resort, Enoch, AB||Update on the IOGC Regulations|
|December 15, 2011||JTC-1||Conference Call||Discussion regarding Terms of Reference|
|January 27, 2012||JTC-1||Enoch Cree Nation, AB||Update on process to amend the Indian Oil and Gas regulations|
|March 15, 2012||JTC-1||Exploration Drafting Instructions Overview|
|May 4, 2012||JTC-1 & JTC-2||Conference call||Meeting on timing and deliverables|
|June 19 & 20, 2012||JTC-1||River Cree Resort, Enoch, AB|
|July 12, 2012||IOGC Board||Calgary, AB||Update on process to amend IOG Regulations|
|August 23, 2012||JTC-1||IOGC Large Boardroom||Update on process to amend IOG regulations; tabling of exploration module drafting instructions|
|September 27, 2012||JTC-1||Edmonton, AB||Discussion of First Nation Audit powers, review of the surface module and review of the exploration module|
|October 25, 2012||JTC-1||Saskatoon, SK||Prepared: Review of First Nation Audit Powers (policy considerations); review of surface tenure module; recommendations for changes to exploration module|
|November 20, 2012||IRC & IOGC Board||Calgary, AB||Update: Amendments to the Indian Oil and Gas Regulations|
|November 21 & 22, 2012||IRC||Calgary, AB||Annual General meeting : Drainage and compensatory royalty module status update; update on process to amend the IOG regulations, Conservations module, environment module overview, surface module overview|
|December 7, 2012||JTC-1||Enoch, AB||Update on process to amend the IOG regulations, 1995; First Nation Audit Powers (follow up questions on policy considerations); environment module – Tabling of sub-modules reclamation, remediation, release of substances|
|January 9-11, 2013||JTC-1||Enoch, AB||Enforcement module Drafting Instructions; tabling of environment sub-modules and subsurface modules; update on process to amend IOG regulations|
|February 8, 2013||JTC-1||Calgary, AB||Overview of regulatory process presentation|
|March 28, 2013||JTC-1||Calgary, AB||Review of Environmental Protection prepared by IRC; update on process to create new regulations under the IOGA; highlights of IOGC consultation plan for new regulations made under the IOGA, royalty module an overview of drafting concepts; money module an overview of drafting instructions|
|May 22, 2013||IOGC Co-Management Board||Update on process to create new regulations under the IOGA|
|June 19 & 20, 2013||JTC-1||River Cree, Enoch, AB||New approach to regulation development; tabling of royalty module; status reports modules and drafting|
|July 10, 2013||IOGC Co-Management Board & IRC||Calgary, AB||Presentation on New approach to regulation development|
|July 23, 2013||JTC-1||Saskatoon, SK||FNS Meeting in Saskatoon|
|September 12, 2013||JTC-1||Edmonton, AB||Discussion on sub-surface tenure and presentation on "First Nation Audit- Alternate Approach Discussion"|
|September 27, 2013||JTC-1||Enoch First Nation, AB||Update on process to create new regulation; FN Audit Authority, SK Royalty Symposium, Consultations re: IOGC Regs and Amendments, JTC report on Exploration Modules and comments on Surface Module|
|October 17, 2013||JTC-1||Carriage House Inn, Calgary||JTC#1 sub-surface review; update on regulatory draft|
|November 15, 2013||JTC-1||Edmonton, AB||Tabled partial draft of IOGC regulations; First Nation response to Sub-surface tenure|
|December 3, 2013||IOGC Board||Edmonton, AB||Update on process to amend the IOGC Regulations|
|December 4, 2013||IRC AGM||Edmonton, AB||Update on process to amend the IOGC Regulations|
|December 10, 2013||JTC-1||IRC comments on sub-surface and assignment drafting instructions JTC#1 - new drafting instructions for FN Audit|
|December 18, 2013||JTC-1||Edmonton, AB||FN Tabled review memorandum on Subsurface Tenure and Assignment; IOGC tabled Bitumen Tenure Provisions, FN Audit Provisions|
|January 21, 2014||JTC-1||Saskatoon, SK||Explanation of Key Aspects of the Proposed Tenure Regulations and discussion of review memorandum; IOGC will add crude bitumen, First Nation audit concepts, Industry reporting requirements to facilitate royalty verification and review of authorities to Regulations|
|February 26, 2014||JTC-1||Edmonton, AB||Tabled "Update on the Process to Amend the Indian Oil and Gas Regulations; JTC-1 responded to preliminary drafting instructions and draft; IOGC gave copy of consultation draft|
|March 25, 2014||JTC-1||Vancouver, BC||Meeting – Update on process to amend the Indian Oil and Gas Regulations|
|March 26, 2014||IOGC Board||Vancouver, BC||Update on process to amend the Indian Oil and Gas Regulations|
|July 8, 2014||JTC-1||Tsuu T'ina Nation, AB||Meeting – Update on process to amend the Indian Oil and Gas Regulations; PETRINIX overview;|
|November 25, 2014||IOGC Co-Management Board||IOGC Co-Management Board||Consultation Update, Amendments to the IOG Regulations|
|November 26, 2014||IRC AGM||Tsuu T'ina, AB||Amendments to the IOG Regulations, 1995|
|December 17, 2014||JTC-1||Edmonton, AB||Meeting – IOGC provided update on timelines, implementation and next steps|
|February 25, 2015||JTC-1||Edmonton, AB||Meeting – IOGC provided updates on the regulation development, 2nd Consultation Draft.|
|July 8, 2015||JTC-1||Tsuu T'ina, AB||Meeting – IOGC provided updates on amendments to the regulations.|
|November 18, 2015||JTC-1||Edmonton, AB||Meeting – IOGC provided update on JTC-1's and other stakeholder comments provided and what was/was not taken to the Drafters.|
|January 28, 2016||JTC-1||Edmonton, AB||Meeting – IOGC provided updates on the regulation development and presented IOGC's response to JTC-1's comments of November 27, 2015.|
|March 18, 2016||JTC-1||Edmonton, AB||Meeting – IOGC provided update on timelines, implementation and next steps. The previous day's Symposium was discussed.|
|June 15, 2016||JTC-1||Edmonton, AB||Meeting - updated by IOGC on AB and SK symposiums, IOGC lessons-learned exercise, proposed timelines for phase 1, process for phase 2 and timing.|
|September 7, 2016||JTC-1||Edmonton, AB||Meeting – IOGC update on proposed timelines, tabled new terms of reference for JTC-1. Discussion of concerns that are out of scope of the regulations and legal review of 3rd draft of regulations.|
|December 1, 2016||JTC-1||Edmonton, AB||Meeting – IOGC’s response to IRC comments on 3rd draft, discussion on implementing phase 1 and new terms of reference for JTC-1. Tabled and presented the moneys module and environment module.|
|January 31, 2017||IRC AGM||Edmonton, AB||IRC Resolution passed requesting IOGC put phase 1 regulation into abeyance and address concerns raised by an individual First Nation.|
|April 6, 2017||JTC-1||Edmonton, AB||IOGC presented those accommodations it is willing to make to issues raised.|
|May 25, 2017||JTC-1||Edmonton, AB||IOGC presented its revised position on those accommodations it is willing to make to issues raised.|
|June 14, 2017||Special IRC Meeting||Edmonton, AB||IOGC presented its drafting instructions of the 6 accommodations. A motion was passed accepting the drafting instructions on the accommodations but included a proviso that full approval was subject to final review of the draft regulation.|
|July 12, 2017||IRC Board meeting||Calgary, AB||IOGC IOGC presented wording proposed by drafters. Full approval continues to be subject to viewing the draft regulation.|
|August 31, 2017||JTC-1||Edmonton, AB||IOGC distributed the 4th consultation draft and presented the specific sections addressing the 6 accommodations.|
Appendix B: Act and Regulations – Consultation Activities – 2001 to 2003
|Date||Consultation Activity||Location||First Nations Bands Participating|
|June 14, 2001||One-on-one session||Goodfish Lake First Nations Band Office||Kehewin Cree FN
Cold Lake FN
Heart Lake FN
Beaver Lake FN
Good Fish FN
|June 19, 2001||One-on-one session||Waywayseecappo First Nations Band Office||Waywayseecappo FN|
|June 20, 2001||One-on-one session||Kettle FN Band Office||Kettle FN|
|June 20, 2001||One-on-one session||White Bear Band Office||White Bear Band|
|June 26, 2001||One-on-one session||Joseph Big Head Band Office||Joseph Big Head Band|
|June 28, 2001||One-on-one session||Frog Lake FN Band Office||Frog Lake FN|
|June 29, 2001||One-on-one session||Edmonton||Paul FN|
|June 29, 2001||One-on-one session||Enoch FN Band Office||Enoch FN|
|August 2, 2001||One-on-one session||O'Chiese FN Band Office||O'Chiese FN|
|August 7, 2001||One-on-one session||Island Lake FN Band Office||Island Lake FN|
|August 7, 2001||One-on-one session||Makwa Lake FN Band Office||Makwa Lake FN|
|September 28, 2001||Tribal council meeting||North Battleford Tribal Council Office||Mosquito FN
Red Pheasant FN
Sweet Grass FN
|October 10, 2001||One-on-one session||Whitefish Lake Band Office||Whitefish Lake FN|
|October 10, 2001||One-on-one session||Woodland Cree FN Band Office||Woodland Cree FN|
|October 22, 2001||One-on-one session||Lac La Biche, AB||Chipewyan Prairie FN|
|October 24, 2001||One-on-one session||Enoch FN Band Office||Enoch FN|
|October 30, 2001||One-on-one session||Ermineskin Elders Gathering||Ermineskin FN
|October 31, 2001||One-on-one session||Ermineskin Elders Gathering||Louis Bull FN
|April 3, 2002||One-on-one session||Edmonton, AB||Confederacy of Treaty 6
|April 8, 2002||One-on-one session||Peace River, AB||Kee Tas Kee, Now Tribal Council, Loon River, Whitefish Lake, Woodland Cree, Corbiere FN|
|April 9, 2002||One-on-one session||Lesser Slave Lake Indian Regional Council||Driftpile, Kapawe'no, Sawridge, Sucker Cree, Swan River FN|
|April 10, 2002||One-on-one session||High Level – North Peace Tribal Council||Beaver, Dene Tha', Little Red River, Tallcree, Lubicon Lake FN|
|April 15, 2002||Committee meeting||Saskatoon, SK||FSIN oil and gas committee – all Saskatchewan oil and gas producing FN|
|April 17, 2002||Tribal meeting||Calgary, AB||Treaty 7 Tribal Council (Blood, Siksika, Peigan, Stoney, Sarcee)|
|April 18, 2002||One-on-one session||Calgary, AB||Corbiere FN|
|April 24, 2002||Tribal meeting||Mayfield Inn, Edmonton, AB||Battleford Tribal Association|
|April 25, 2002||Tribal meeting||Mayfield Inn, Edmonton, AB||Yellowhead Tribal Association|
|May 3, 2002||One-on-one session||Denham Inn, Leduc, AB||Four Nations|
|October 30, 2002||One-on-one session||Alexis FN|
|November 26, 2002||One-on-one session||Frog Lake FN|
|November 27, 2002||One-on-one session||Onion Lake FN
Cold Lake FN
|December 10, 2002||Enoch Cree
|January 7, 2003||One-on-one session||Best Western Village Park Inn||Stoney Band|
|January 21, 2003||One-on-one session||Siksika Council Chambers||Siksika FN|
|March 12, 2003||One-on-one session||Calgary, AB||Kehewin Chief and Council|
|April 28, 2003||One-on-one session||Peigan Nation Band Office||Peigan Nation|
|April 29, 2003||One-on-one session||Kehewin Cree Band Office||Kehewin Cree|
Appendix C: Act and Regulations – Consultation Activities – 2008 to 2017
|May – June 2008||Information booths||Alberta and Saskatchewan Chief Gatherings||Re: Proposed amendments to the Indian Oil and Gas Act and Regulations|
|May, 2008||One-on-one session||Red Pheasant FN||Presentation re: First Nations Outreach "Process to Amend IOG Act"|
|May 28, 2008||Symposium||Oil and Gas producing FNs||Presentation re: First Nations Outreach "Process to Amend IOG Act|
|July 8, 2008||One-on-one session||Saddle Lake FN||Presentation re: First Nations Outreach "Process to Amend IOG Act|
|July 9, 2008||One-on-one session||Driftpile FN||Presentation re: First Nations Outreach "Process to Amend IOG Act|
|July 10, 2008||One-on-one session||Four Nations||Presentation re: First Nations Outreach "Process to Amend IOG Act|
|November 2008||One-on-one session||Sucker Creek FN||Presentation re: First Nations Outreach "Process to Amend IOG Act|
|November 18, 2008||Presentation||New Brunswick||Presentation re: First Nations Outreach "Process to Amend IOG Act|
|December 2008||Presentation||Ontario||Presentation re: First Nations Outreach "Process to Amend IOG Act|
|December 12, 2008||One-on-one session||Pound Maker FN||Presentation re: First Nations Outreach "Process to Amend IOG Act|
|January, 2009||One-on-one session||Stoney FN||Presentation re: First Nations Outreach "Process to Amend IOG Act|
|January 14, 2009||One-on-one session||Treaty 6 Oil and Gas FNs||Presentation re: First Nations Outreach "Process to Amend IOG Act|
|January 20, 2009||One-on-one session||Treaty 7||Presentation re: First Nations Outreach "Process to Amend IOG Act|
|March 12, 2009||One-on-one session||Siksika FN||Presentation re: First Nations Outreach "Process to Amend IOG Act and Bill C-5|
|April 13, 2010||One-on-one session||Chiefs of Stoney Tribe||Update on amendments to the Indian Oil and Gas Regulations|
|April 13, 2010||One-on-one session||O'Chiese FN||Update on amendments to the Indian Oil and Gas Regulations|
|May 21, 2010||Information session||North American Resource Partners||Update on amendments to the Indian Oil and Gas Regulations|
|May 25, 2010||One-on-one session||Carry the Kettle FN||Update on amendments to the Indian Oil and Gas Regulations|
|June 1, 2010||One-on-one session||Dene Tha FN||Update on amendments to the Indian Oil and Gas Regulations|
|June 9, 2010||Information session||Union of New Brunswick Chiefs||Update on amendments to the Indian Oil and Gas Regulations|
|June 15, 2010||One-on-one session||Water Hen FN||Update on amendments to the Indian Oil and Gas Regulations|
|June 16, 2010||One-on-one session||Whitefish Lake FN||Update on amendments to the Indian Oil and Gas Regulations|
|August 23, 2010||One-on-one session||Blood Tribe FN||Update on amendments to the Indian Oil and Gas Regulations|
|October 5, 2010||One-on-one session||Alexis FN||Update on amendments to the Indian Oil and Gas Regulations|
|October 21, 2010||One-on-one session||Samson Band||Updates on amendments to the Indian Oil and Gas Regulations|
|November 17& 18, 2010||Meeting||Assembly of Treaty Chiefs Winter Sitting||Updates on amendments to the Indian Oil and Gas Regulations|
|November 18, 2010||One-on-one session||Siksika FN Chief and Council||Updates on amendments to the Indian Oil and Gas Regulations|
|November 23, 2010||One-on-one session||Lesser Slave Lake Indian Regional Council||Updates on amendments to the Indian Oil and Gas Regulations|
|December 3, 2010||One-on-one session||Onion Lake FN||Updates on amendments to the Indian Oil and Gas Regulations|
|December 6, 2010||Forum||Insight Aboriginal Oil and Gas Forum||Updates on amendments to the Indian Oil and Gas Regulations|
|January 2011||Meeting||North Peace Tribal Council||Updates on amendments to the Indian Oil and Gas Regulations|
|January 27, 2011||Meeting||Tribal Chiefs Ventures||Updates on amendments to the Indian Oil and Gas Regulations|
|March 17, 2011||One-on-one session||Enoch Cree Nation||Updates on amendments to the Indian Oil and Gas Regulations|
|March 20-21, 2011||Meeting||FSIN Centre of Excellence and Saskatchewan FN Chiefs||Updates on amendments to the Indian Oil and Gas Regulations|
|April 11, 2011||One-on-one session||Fort Nelson FN, BC||Updates on amendments to the Indian Oil and Gas Regulations|
|April 12, 2011||One-on-one session||Blueberry River FN, BC||Updates on amendments to the Indian Oil and Gas Regulations|
|April 12, 2011||Information session||IRC Centre of Excellence and Ontario, Quebec and New Brunswick FN||Updates on amendments to the Indian Oil and Gas Regulations|
|June 27, 2011||Conference||AFN International Indigenous Summit||Updates on amendments to the Indian Oil and Gas Regulations|
|July 19, 2011||Meeting||Saskatchewan First Nations Natural Resources Centre of Excellence||Updates on amendments to the Indian Oil and Gas Regulations|
|August 11, 2011||Meeting||Treaty 4 Saskatchewan FN||Updates on amendments to the Indian Oil and Gas Regulations|
|September 8, 2011||One-on-one session||Frog Lake and Cold Lake FN||Updates on amendments to the Indian Oil and Gas Regulations|
|September 16, 2011||One-on-one session||Onion Lake FN||Updates on amendments to the Indian Oil and Gas Regulations|
|October 20, 2011||Meeting||Ontario Petroleum Institute||Updates on amendments to the Indian Oil and Gas Regulations|
|November 28, 2011||One-on-one session||Samson Cree FN||Updates on amendments to the Indian Oil and Gas Regulations|
|December 6, 2011||One-on-one session||Treaty 6 FN||Updates on amendments to the Indian Oil and Gas Regulations|
|January 12, 2012||One-on-one session||White Bear FN||Update on module and regulation development|
|February 13, 2012||One-on-one session||Samson Cree FN||Update on module and regulation development|
|February 15, 2012||One-on-one session||Stoney Tribe||Update on module and regulation development|
|February 16, 2012||One-on-one session||Lesser Slave Lake Indian Regional Council||Update on module and regulation development|
|February 21, 2012||One-on-one session||Frog Lake FN||Update on module and regulation development|
|March 13, 2012||One-on-one session||Onion Lake FN||Update on module and regulation development|
|March 23, 2012||Symposium||Oil and Gas Producing FNs||Royalty symposium- Presentation on the Overview of MARS Regulatory change process|
|March 28. 2012||One-on-one session||Dene Tha FN||Update on module and regulation development|
|April 20, 2012||Information session||Canadian Bar Association||Update on the amendments to the IOGA and Regulations|
|April 24, 2012||Information session||CAPP sub-committee||Update on the amendments to the Indian Oil and Gas Regulations|
|April 25, 2012||One-on-one session||Samson Cree FN||Update on the amendments to the IOGA and Regulations|
|April 26, 2012||One-on-one session||Whitefish Lake FN||Update on the amendments to the IOGA and Regulations|
|April 27, 2012||One-on-one session||Blood Tribe Representatives||Update on the amendments to the IOGA and Regulations|
|May 9, 2012||One-on-one session||Bigstone Cree Community||Update on the amendments to the Indian Oil and Gas Regulations|
|May 15, 2012||One-on-one session||Red Pheasant FN||Update on the amendments to the Indian Oil and Gas Regulations|
|July 17-19, 2012||Information booth||AFN National Assembly||Disseminate info on changes to the Indian Oil and Gas Regulations|
|September 24, 2012||Symposium||Saskatchewan Oil and Gas Royalty Symposium||Update on the amendments to the Indian Oil and Gas Regulations|
|October 11, 2012||Information session||CAPP sub-committee||Update on process to amend the Indian Oil and Gas Regulations|
|January 22, 2013||Information session||CAPP sub-committee||Update on process to amend the Indian Oil and Gas Regulations|
|February 14, 2013||One-on-one session||Stoney First Nation||Update on the amendment of the IOGA and Regulations
New approach to regulatory development
|April 23, 2013||Information session||CAPP||Update on the amendments to the IOGA and Regulations|
|July 8, 2013||One-on-one session||Frog Lake FN||Update on the amendments to the IOGA and Regulations|
|July 9, 2013||One-on-one session||Red Pheasant First Nation||Update on the amendment of the IOGA and Regulations
New approach to regulatory development
|October 28, 2013||Information session||CAPP||Regulation Development Status – New Approach to Regulation Development|
|January 20, 2014||One-on-one session||Saulteaux FN||Update on Indian Oil and Gas Regulations|
|January 20, 2014||One-on-one session||White Bear FN||Update on Indian Oil and Gas Regulations|
|January 21, 2014||One-on-one session||Frog Lake FN||Update on Indian Oil and Gas Regulations|
|February 13, 2014||One-on-one session||Lubicon FN||Update on Indian Oil and Gas Regulations|
|February 28, 2014||Conference [Aboriginal Land Resource Management Forum]|
|March 6, 2014||Package mailed||109 First Nations||First draft of regulations sent|
|March 11, 2014||One-on-one session||Dene Tha First Nation||Q&A on regulations and addressed concerns|
|March 12, 2014||One-on-one session||Siksika Nation||Q&A on regulations and addressed concerns|
|March 27, 2014||Symposium||AB Oil and Gas Symposium||Update on Indian Oil and Gas Regulations|
|March 28, 2014||Symposium [Saskatchewan]||SK Oil and Gas Symposium||Tabled "IOGC's Detailed Review of proposed amendments" & "Overview of process and concepts for proposed amendments to the IOG Regulations"|
|March 31, 2014||Symposium [Alberta]||Tabled "IOGC's Detailed Review of proposed amendments" & "Overview of process and concepts for proposed amendments to the IOG Regulations"|
|May 14, 2014||Information Session||Top Ten Producing First Nations||Update on the amendments to the Indian Oil and Gas Regulations|
|November 12, 2014||Presentation (Blackfoot Inn Calgary, AB)||Top Ten Producing First Nations||Amendments to the IOG Regulations, 1995|
|Feb 23, 2015||Package mailed - Independent Technical Reviews||White Bear
|May 15, 2015||Package mailed||Xxx producing First Nations
|2nd consultation draft of the regulations sent.|
|Q1 15/16||Information Session||Piikani||IOGC 101 and update on the amendments to the Indian Oil and Gas Regulations.|
|Q2 15/16||One on One||Little Pine
|IOGC101 and update to the amendments to the IOG Regulations|
|Q2 15/16||Information Session||SK First Nations Natural Resources Centre of Excellence||IOGC101 and update to the amendments to the IOG Regulations|
|November 17, 2015||One on One session||Blood Tribe||Update on the amendments to the Indian Oil and Gas Regulations.|
|November 17, 2015||One on One session||Siksika Nation||Update on the amendments to the Indian Oil and Gas Regulations.|
|Q3 15/16||One on One session||Samson
|IOGC101 and update to the amendments to the IOG Regulations|
|Q4 15/16||One on One session||Cold Lake
|Update to the amendments to the IOG Regulations|
|Q4 15/16||Information Session||Ontario Chiefs||Presentation on amendments to Act and Regulations.|
|March 17, 2016||Symposium||AB First Nations||Presentation on Gazette process, Update on Act and Regs amendment and consultation process, review of amendments to the IOG Regulations.|
|April 7, 2016||Symposium||SK First Nations||Presentation on Gazette process, Update on Act and Regs amendment and consultation process, review of amendments to the IOG Regulations.|
|June 1, 2016||One on One||Whitefish Lake (Atikameg)||IOGC101 and update to the amendments to the IOG Regulations.|
|July 8, 2016||One on One||Louis Bull||IOGC101 and update to the amendments to the IOG Regulations.|
|July 28, 2016||Information Session||Treaty and Aboriginal Lands Stewards Association of Alberta (TALSAA)s||IOGC101 and update to the amendments to the IOG Regulations.|
|September 20, 2016||Information Session||National Aboriginal Economic Development Board (NAEDB)||IOGC101 and update to the amendments to the IOG Regulations.|
|October 13, 2016||Information Session||Alberta Lands and Economic Development Advisory Committee (AB LEDAC)||IOGC101 and update to the amendments to the IOG Regulations.|
|October 28, 2016||Information Session||Andrew Bear Robe Seminar||IOGC101 and update to the amendments to the IOG Regulations.|
|November 9, 2016||One on One||Cold Lake||IOGC101 and update to the amendments to the IOG Regulations|
|December 1, 2016||Information Session||Aboriginal Oil and Gas Forum||IOGC101 and update to the amendments to the IOG Regulations.|
|March 1, 2017||Information Session||BC First Nations Leadership Council||IOGC101 and update to the amendments to the IOG Regulations.|
|March 2, 2017||One on One||Lubicon Lake||IOGC101 and update to the amendments to the IOG Regulations.|
|March 22, 2017||Information Session||Indigenous Consultation and Participation for Energy Resource Development Projects - Seminar||IOGC101 and update to the amendments to the IOG Regulations|
|March 22, 2017||Information||First Nations Tax Commission||IOGC101 and update to the amendments to the IOG Regulations.|
Appendix D: Overview of Types of Consultation Activities Conducted
|Quarterly newsletters||IOGC developed a quarterly newsletter to update the process and content of the regulatory amendment process.
The newsletter is a high level overview of the progress made on the regulations and has been circulated since February 2012 by mail to all oil and gas producing First Nations. In addition, it is posted on the IOGC website.
|Direct letters to stakeholders||IOGC posts letters directly to Chiefs and Councils. The letters update First Nations on the process and progress of the regulatory amendments initiative. It includes all draft regulatory content, such as any reports or comments generated from the JTC and their technical/legal experts.
The letters invite feedback and input. IOGC has and will continue to respond to all feedback and input from Chiefs and Councils by letter and, depending on the level of concern and the issue, may also seek a face-to-face meeting to discuss.
|Presentations at conferences||The IRC has held Annual General Meeting and Conference since their inception. Regulations updates and Q&A sessions have been on the agenda for several years and will continue to be until the regulations are in force.
All Chiefs from oil and gas producing First Nations, and First Nations located in areas with potential production, are invited to this conference.
IOGC also accepts invitations to speak at other conferences during the consultation period to ensure maximum communication of messages and information.
|One-on-one sessions||IOGC has contacted all major producing First Nations requesting and pro-actively pursuing one-on-one sessions to present and discuss the amendments. It is likely that multiple sessions will be held with the First Nations that are major oil and gas producers as they will likely have the highest level of interest and may want IOGC to return for a session prior to pre-publication of the draft regulations in the Canada Gazette.
All other oil and gas producing First Nations will be contacted offering similar one-on-one sessions.
Materials will be provided in advance of all sessions, detailed records will be kept and a commitment to follow-up on outstanding issues and concerns will be met.
Since the passage of the amendments to the Act in 2009 IOGC has had standing commitments to First Nations to meet and discuss amendments to the regulations at their request.
|Technical conferences||Upon completion of final draft of the regulations, but prior to pre-publication, IOGC will be hosting technical conferences in Alberta and Saskatchewan for First Nations.
All oil and gas producing First Nations will be invited to their respective conferences. IOGC will be going through the draft regulations on a section by section basis, and potentially a clause by clause basis, depending on the level of interest of the conference participants. Detailed records will be kept and a commitment to follow-up on outstanding or contentious issues will be met.
The IRC and the Federation of Sovereign Indigenous Nations (FSIN) will be invited to co-host the conferences and, if they accept, and depending on the level of support/opposition from First Nations at the conference, a formal motion may be secured in support of the amendments.
|Provision of policy documents||The process IOGC established for amending the regulations was to first develop individual policy documents for each regulatory module that generally reflect the operational oil and gas needs of IOGC from a strategic perspective.
These policy documents are shared with JTC for their information, feedback and input. Under the terms of reference agreement between IOGC and the IRC, any comments formally provided by the committee relating to the regulatory content will be incorporated to the extent possible. If incorporation is not possible, written rationale will be provided by IOGC to the committee.
All policy documents will be shared with individual oil and gas producing First Nations for their information. Although formal feedback will not be sought, response will be given any feedback received. IOGC will also send any reports or comments generated from the JTC and their technical/legal experts, directly to all oil and gas producing First Nations.
|Provision of drafting instructions||The internal process IOGC established for amending the regulations was to develop drafting instructions after completion of the policy documents for each of the regulatory modules. These drafting instructions represent IOGC recommendations to both DOJ and the DOJ regulatory drafters for initiating the drafting process.
These drafting instructions are shared with JTC for their information, feedback and input. Under the terms of reference agreement between IOGC and the IRC, any comments formally provided by the committee relating to the regulatory content will be incorporated to the extent possible. If incorporation is not possible, written rationale will be provided by IOGC to the committee.
All drafting instructions will be shared with individual oil and gas producing First Nations for their input and feedback. Response will be given to any feedback received. IOGC will also send any reports or comments generated from the JTC and their technical/legal experts, directly to all oil and gas producing First Nations.
|Provision of final draft||Once the drafting process has concluded and an official bilingual version of the regulations is ready for public distribution, it will be sent to all oil and gas producing First Nations for information, feedback and input. This will occur prior to pre-publication.
IOGC will respond to any feedback received. IOGC will also send any reports or comments generated from the JTC and their technical/legal experts, directly to all oil and gas producing First Nations.
Appendix E: List of Stakeholders Consulted
|First Nations||Industry/Industry Organizations||Government/Agency|