Crown-Indigenous Relations and Northern Affairs Canada Progress Report on Reducing Red Tape
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Context
In July 2025, the President of the Treasury Board launched a government-wide review of red tape in regulations, calling on departments to report on progress made towards reducing regulatory burdens and to further reduce burdens by developing plans to eliminate outdated or unnecessary rules, reduce duplication or overlap with provincial rules and streamline the administration of rules and the delivery of regulatory decisions.
In response, Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) has taken the opportunity to review and compile a list of upcoming regulatory work that would lead to reduced red tape burden. Many of the initiatives listed are at the exploratory stage.
CIRNAC is responsible for the development of regulations that directly impact First Nations, Inuit, Métis and Northerners.
Regulations pertaining to Crown-Indigenous Relations focus on self-governance, such as supporting self-government agreements and providing options to fiscal and land related provisions of the Indian Act. These regulations are focused on supporting communities assert greater self-determination roles, such as resource and land management and governance, which strengthens their economies.
The department is also responsible for certain aspects of northern natural resource management legislation and maintains a decision-making role for projects on federal lands in Nunavut and the Northwest Territories. Consequential Northern regulatory processes are largely led by independent co-management boards or territorial and Indigenous governments as a result of modern treaties. Governance structures are further informed by the ongoing devolution of land and resource management authorities.
Getting major projects built in Canada is a priority. Federal departments and agencies have been reviewing policies and practices to accelerate decision-making and improve the delivery of project assessments, permits, licenses, and authorizations for major projects. Under the instruction of the Cabinet Directive on Regulatory and Permitting Efficiency, and coordinated by the Clean Growth Office in the Privy Council Office, CIRNAC has been working together with other federal departments to develop permitting plans, coordinate Crown consultations and increase collaboration with proponents to improve coordination related to major projects. Ongoing actions and improvements made in the northern resource management space are detailed below.
On June 26, 2025, the Building Canada Act received royal assent, empowering the government to accelerate nation-building projects in consultation with Indigenous Peoples. CIRNAC is committed to supporting the implementation while protecting environmental integrity and Indigenous rights, and building relationships and opportunities for economic partnerships with Indigenous Peoples.
Crown-Indigenous Relations
Executive summary
At CIRNAC, all sectors with regulatory responsibilities were asked to assess their regulatory stock for opportunities to reduce red tape. As a result, 2 regulatory items were highlighted, including:
- regulations under the First Nations Fiscal Management Act: working with partners to consider moving some regulation-making powers into standard-making powers
- Anishinabek Nation Governance Agreement and Anishinabek Nation Education Agreement: exploring opportunities to simplify the internal process used to add new joiners to the agreements
Co-development with Indigenous partners will remain central to the regulatory work undertaken by the department.
New initiatives recommended under Crown-Indigenous Relations
Item 1: Moving regulation-making powers to standard-making powers in some regulations under the First Nations Fiscal Management Act
Context: The First Nations Fiscal Management Act (FNFMA) authorizes several regulation-making powers, as well as several provisions that empower the FNFMA institutions to establish standards. For example, Section 35(1)(a) of the FNFMA enables the First Nations Tax Commission (FNTC) to make standards in respect of the form and content of local revenue laws, as follows:
35 (1) The commission may establish standards, not inconsistent with the regulations, respecting (a) the form and content of local revenue laws
The FNTC has asked Canada to consider whether there are other regulation-making powers in the act that could be converted to standard-making powers. This could provide significant reductions in First Nations' burden in supporting the regulatory process, as well as significant cost and time savings for Canada.
- Actions: The department has engaged with FNTC to co-develop initial policy rationales for the legislative and regulatory amendments necessary to accomplish this change. The department will continue to engage with the institutions to identify target regulations that could instead become standards, including those where conversion could result in reductions in administrative fees.
- Expected outcomes: Repealing target regulations and replacing them with a standard-making power would reduce the burden on taxing First Nations associated with the development of regulations. By empowering FNTC to set out its own standards, the FNTC could be more responsive and adaptive, while also reducing costs for Canada.
Item 2: Streamlining the internal process to add new joiners to the Anishinabek Nation Governance Agreement and the Anishinabek Nation Education Agreement
Context: Both the Anishinabek Nation Governance Agreement and the Anishinabek Nation Education Agreement include provisions that allow for any Anishinabek Nation First Nation not already a party to either agreement as of the respective effective dates to follow a process to join the agreement(s).
As of April 1, 2025, seven of 39 Anishinabek Nation First Nations are parties to the Anishinabek Nation Governance Agreement. Meanwhile, 23 of 39 Anishinabek Nation First Nations are parties to the Anishinabek Nation Education Agreement. CIRNAC could anticipate as many as 48 more new joiners to these agreements from 2026 onward.
The existing internal approval process requirements to add new joiners to the agreements have proven disproportionate to the scale of impact and risk associated with adding new joiners to sectoral self-government agreements.
CIRNAC is looking to streamline the process by exploring more efficient internal approval mechanisms to add new joiners to the agreements. This will be done in consultation with Indigenous partners to the agreements.
- Actions: Discussions with Indigenous partners on how to streamline the process of adding new joiners to the agreements are expected to commence late summer to fall 2025.
- Expected outcomes: Indigenous partners will benefit from a streamlined approach by Canada as it will facilitate a more responsive timeline for adding new joiners. New joiners will benefit from a more responsive timeline as it would shorten the period of time between when a First Nation confirms their intent to join as a party to the Agreement and Canada's approval to make it official. Currently, the process takes 12 to 18 months.
Northern Affairs
Executive summary
A number of legislative and operational initiatives designed to reduce red tape in a manner that respects and reflects modern treaties are under way. This requires collaboration with northern Indigenous governments and organizations, territorial governments, other federal departments, and resource co-management boards, who lead many regulatory processes. The department continues to support northern-led operational initiatives to create procedural efficiencies and maximize capacity for all partners while exploring the potential for broader regulatory changes where required.
Progress achieved
Ongoing actions to reduce regulatory red tape
Item 1: Yukon Environmental and Socio-economic Assessment Board Designated Office Rules review
- Context: The Yukon Environmental and Socio-economic Assessment Board (YESAB) is undertaking revisions to its existing Rules for Evaluations Conducted by Designated Offices to enhance the effectiveness and efficiency of the assessment process and to address long-standing concerns, including timelines. Proposed changes include the categorization of projects by complexity, with simpler projects undergoing streamlined, shorter evaluations.
- Actions: YESAB is currently engaging parties on the proposed changes. It is anticipated that the updated rules will be implemented by spring 2026. The department, which provides funding for YESAB, is directly participating in this process.
- Expected outcomes: It is anticipated that the amended rules will improve procedural consistency of Designated Office Evaluations, reflect modern best practices and expectations for impact assessment (particularly for complex projects), and reduce assessment timelines for simple projects.
Item 2: Mackenzie Valley mineral exploration templates
- Context: Information required under the Mackenzie Valley regulatory system to inform applications for land and water authorizations can make it challenging for new proponents to enter the regulatory environment. The use of standardized application bundles has proven effective for municipal water licenses, and due to this success, the 2020 Northwest Territories Environmental Audit (PDF) included a recommendation to develop a standardized mineral exploration permitting bundle in consultation with affected parties.
- Actions: As part of the Northern Regulatory Initiative, the Mackenzie Valley Land and Water Board (MVLWB) was provided funding to develop a draft Mackenzie Valley mineral exploration permitting bundle. The MVLWB is expected to post this bundle online for industry's use in fall 2025.
- Expected outcomes: Once finalized, it is expected that these templates will aid junior exploration companies to submit more complete land use permit applications. This will lead to overall operational efficiency by reducing the amount of information applicants need for their applications while being customized so that the information they provide is relevant to their project (for example, different kinds of waste or waste management techniques). Efficiencies will also be achieved by reducing duplicative information requirements, reducing review time by regulators and Indigenous governments and organizations, avoiding unnecessary delays and supporting greater investment and certainty in the regulatory process.
Next steps
New initiatives recommended
Item 1: Delegation and designation of ministerial powers related to northern mandate
- Context: The Minister of Northern Affairs has many decision-making responsibilities under specific northern legislation and under other legislation applicable in the North. The minister has delegation powers through both written orders and through the common law Carltona principle. The purpose of this initiative would be to reduce the administrative decision burden, advance operational efficiencies, and ensure timely decisions.
- Actions: A catalogue of powers, duties and functions conferred on the minister through federal statutes and regulations has been created. An analysis of this catalogue is underway to determine which authorities and functions could be delegated to departmental officials by the minister. This analysis will also identify the delegation instrument required for each. Next steps include finalizing the internal analysis and engaging with partner departments in the North, as required.
- Expected outcomes: Operational decisions would be made by departmental officials within a shorter timeframe, creating greater process efficiencies.
Item 2: Review of resource management legislation and regulations
- Context: In the Speech from the Thone, the government committed to establishing a Major Federal Projects Office to achieve targeted timelines for projects. Northern partners have also raised interest in advancing the review of certain acts and regulations associated to northern resource management that are duplicative, outdated/unnecessary, unclear, or where terminology is outdated.
- Actions: CIRNAC will support the Major Federal Projects Office and collaborate with partners across government to enable this outcome with our own policies, practices, and regulations. This includes reviewing northern resource management legislation and regulations and developing proposals to support the targeted outcomes. An internal review of provisions of northern acts and regulations (such as the Territorial Lands Act and its regulations) will also be initiated, and proposed amendments flowing from this review could be included as part of broader legislative and regulatory amendment initiatives.
- Expected outcomes: These efforts would result in acts and regulations that are modern, fit-for-purpose, consistent and clear. This would ultimately make the regulatory regime in the North more efficient.
Item 3: Dominion Water Power Act and Dominion Water Power Regulations review
- Context: The Dominion Water Power Act (DWPA) and Dominion Water Power Regulations (DWPR) govern the administration and licensing of water-power developments on federal public lands. Enacted in the early twentieth century (DWPA – 1919 and DWPR – 1930), the framework has become increasingly outdated.
- Actions: CIRNAC has initiated discussions to support a targeted review of the DWPA and its regulations to identify opportunities for modernization. An internal assessment will be initiated, including a legal review, to inform recommendations on a path forward.
- Expected outcomes: Streamlined and modernized federal legislation.
Item 4: Frontier and Offshore Regulatory Initiative (FORRI) in Tariuq Accord Area
- Context: The federal petroleum regulations established under the Canada Oil and Gas Operations Act are prescriptive and prevent regulatory flexibility, adding administrative burden, inefficiency and regulatory cost.
- Actions: Actions include reviewing existing federal petroleum regulations and developing proposals to modernize and consolidate them. Next steps include confirming with northern Tariuq Accord partners support for the application of FORRI regulations to the future federally legislated Tariuq Accord Area, and once the Tariuq Accord is implemented through legislation, to start regulatory development. Engagement with the Government of Nunavut and Inuit organizations could also be undertaken to assess the support for its application the eastern arctic. The eastern arctic remains federally regulated.
- Expected outcomes: The proposal represents a clear blueprint for regulatory reform in the North and would follow a future coming into force of the Tariuq Accord implementing legislation, supported by northern Accord partners. The result would lead to regulations that remain world-class for safety and environmental protection, reduce multi-regulation redundancy while shortening regulatory timelines, and support 1 national framework to support regulatory certainty.
Item 5: Yukon Environmental and Socio-economic Assessment Act initiatives
- Context: In 2017, the Government of Canada, Government of Yukon, and Yukon First Nation governments agreed to form an Oversight Group to oversee and make recommendations on the development assessment process in Yukon. The Oversight Group has worked together to advance a proposed targeted amendment to the Yukon Environmental and Socio-economic Assessment Act (YESAA) to exempt projects from re-assessment when certain conditions are met. Rights holders and stakeholders were engaged and consulted on the proposal. The Oversight Group's Memorandum of Understanding also includes a requirement that a review of YESAA be undertaken every 10 years, unless agreed to otherwise. Industry, Yukon First Nations and the Government of Yukon have indicated support for advancing this review.
- Actions: CIRNAC will continue to advance on YESAA initiatives in collaboration with partners, including work with the Oversight Group to plan next steps on the full review (such as approach, timing, and scoping). Next steps include meeting with the Oversight Group to discuss a recommended path forward.
- Expected Outcomes: Initiatives will focus on achieving regulatory clarity, efficiency, and effective use of resources and assessment capacity. This items is closely linked to the work of the Federal Major Projects Office and will contribute to those objectives.
Item 6: Mackenzie Valley Federal Areas Waters Regulations
- Context: The land and water boards of the Mackenzie Valley, the Northwest Territories and Nunavut Chamber of Mines are seeking targeted amendments to federal and territorial waters regulations to provide certainty and predictability and to respond to changes in the territorial operating environment. Indigenous governments have also expressed interest in these amendments. It is important that the Mackenzie Valley Federal Areas Waters Regulations remain consistent with the territorial regulations to ensure lands across the territory are regulated in the same way.
- Actions: In September 2024, CIRNAC officials met with the land and water boards, Indigenous governments, industry representatives, and the Government of the Northwest Territories to discuss targeted amendments to support cohesive regulatory processes in federal and non-federal areas across the territory. In early summer 2025, the territorial government proposed amendments that involved updates and clarifications, as well as alignment with regulations. The Tłı̨chǫ Government indicated it wanted mineral exploration to be recognized as a distinct activity that would align with operational realities and reduce the regulatory burden. The territorial government will be convening meetings with partners and hopes to have draft amendments to share by fall 2025. CIRNAC will participate in discussions to help inform future actions on the equivalent federal regulations.
- Expected outcomes: Amendments to the regulations would provide more clarity on certain provisions for rights-holders, industry and other stakeholders, which will help reduce delays and ensure that the level of regulatory oversight is commensurate with the scale of operations and associated risk. CIRNAC's actions would help to maintain consistency in both territorial and federal legislation. The amendments would support a robust and responsive resource development regime while protecting the environment and would align with the objectives and work done by the Federal Major Projects Office.