Minutes of the Fortyone Meeting

MINUTES OF THE FORTY ONE MEETING May 31 – June 1, 2012

Members: Mike Norton Member/Chair Environment Canada Mike Renouf Alternate Member Environment Canada Lynn Kriwoken Member British Columbia Vera Nicholson Aboriginal Member British Columbia Jon Bowen Member Yukon Sharon Peter Aboriginal Member Yukon Robert Harrison Member Alberta Brian Yee Alternate Member Alberta Gary Neil Alternate Member Saskatchewan Ray Case Member Northwest Territories Ward Chickoski Member Health Canada Bryan Haggarty Alternate Member Health Canada Trish Merrithew-Mercredi Member Aboriginal Affairs and Northern Development Canada Teresa Joudrie Alternate Member Aboriginal Affairs and Northern Development Canada Guests: Theresa Braat Guest Environment Canada Stacey Smythe Guest Environment Canada Carole Mills Guest Aboriginal Affairs and Northern Development Canada Secretariat: Don Pittman Executive Director Mackenzie River Basin Board Day 1 – May 31, 2012

41.1 Call to Order

The 41st MRBB Meeting convened at 9:05 am MST.

41.2 Membership

Members attending their first face to face MRBB meeting included Ray Case (Northwest Territories), Jon Bowen (Yukon), and Ward Chickoski (Health Canada). Brian Yee (Alberta) and Gary Neil (Saskatchewan) attended their first face to face meeting as Alternate Members. Mike Norton (Environment Canada) advised the Board that the Environment Canada Regional Director General Office had been reorganized. Mike is now the Associate Regional Director General for the Western and Northern Region and will retain membership on the Board. Trish Merrithew-Mercredi advised that she would be resigning as Regional Director General of Aboriginal Affairs and Northern Development Canada – Northwest Territories Region effective June 29, 2012.

41.3 Approval of Agenda

Trish Merrithew-Mercredi requested that the Traditional Knowledge and Strengthening Partnerships Steering Committee update be scheduled for the morning session to accommodate the schedule of Committee Chair Carole Mills, who would be delivering the update. The Board approved the proposed modification of the Agenda (Annex 1).

41.4 Approval of Minutes, Meeting # 39 and Meeting #40

Meeting #39

The Board reviewed the Minutes from MRBB Meeting #39. Robert Harrison pointed out that on Page 2, the sentence starting with “The jurisdictions did get through their full agenda in September…” should read “The jurisdictions did not (emphasis added to highlight change – will not be underlined in the official Meeting 39 minutes) get through their full agenda in September…”. The Secretariat made this change.

Motion: Moved by Gary Neil. Seconded by Robert Harrison.

THAT the Minutes from MRBB Meeting #39 be revised and approved as discussed. CARRIED

2 The Board reviewed the Minutes from MRBB Meeting #40.

Motion: Moved by Jon Bowen. Seconded by Ward Chickoski.

THAT the Minutes from MRBB Meeting #40 be approved as provided.

CARRIED

41.5 Member Reports

PLACEHOLDER, YUKON AGENCY REPORT

Jon Bowen gave the Yukon Government Member update (Please see the attached document)

Jon also reported that the Yukon Government is developing a Water Strategy as per Cabinet direction. The strategy will not apply to household water conservation. It will also not apply to water licensing, as regulatory tools are already in place.

Sharon Peter gave the Yukon Aboriginal Member update. Sharon reported that the Council of Yukon First Nations had asked her for advice on how Self-Governing First Nations and Private Lands fit within Bilateral Water Management Agreement Frameworks, specifically the NWT-Yukon Agreement on the Peel Watershed.

Northwest Territories & Aboriginal Affairs and Northern Development Canada

PLACEHOLDER, NWT-AANDC AGENCY REPORT

Trish Merrithew-Mercredi, Teresa Joudrie, and Ray Case gave the Government of the Northwest Territories & Aboriginal Affairs and Northern Development Canada Members’ update (Please see the attached document).

Trish Merrithew-Mercredi also reported that AANDC is conducting an internal review about the future of the MRBB. The MRBB is seen internally at AANDC as not answerable to Ministers.

Ray Case also reported that Minister Miltenberger and Minister Kent discussed ways to rejuvenate the MRBB, including a future Ministers Meeting. There is a strong impetus at the working level to figure out how to address issues the Board has to deal with.

3 Health Canada

PLACEHOLDER, HEALTH CANADA AGENCY REPORT

Ward Chickoski gave the Health Canada Member update (Please see the attached document).

Ward also reported that Health Canada currently does not play a direct role in the joint Government of Alberta and Government of Canada Oil Sands Monitoring program, but will likely be engaged at some point. In the meantime, the department is trying to define a possible role for itself. The Health Canada Oil Sands Unit has been active and is engaging with the Air, Water, and Climate Group in Ottawa. A knowledge transfer is currently underway.

Health Canada is undergoing corporate restructuring. The Region became known as the Prairie Region effective May 1, 2012. First Nation and Inuit has become a stand alone unit within Health Canada.

As for the future of the Board, Health Canada is assessing mechanisms of collaboration, and welcomes the opportunity to discuss next steps on the future of the Board.

Saskatchewan

PLACEHOLDER, SASKATCHEWAN AGENCY REPORT

Gary Neil gave the Government of Saskatchewan Member update. Saskatchewan is also developing a Water Strategy and is looking at the NWT process as a possible model. Water-related responsibilities are currently spread out amongst several departments and the province is looking at consolidating water programming in a single agency.

Saskatchewan has also examined the flooding issues it has faced over the past 1.5 years. Preliminary results seem to indicate that unauthorized drainage contributes to flooding, and the province is examining its drainage compliance protocols.

Saskatchewan is also working on watershed planning, including source water protection. This hasn’t yet been implemented in the north, but northern First Nations have been applying pressure through an organized lobby campaign.

Alberta

PLACEHOLDER, ALBERTA AGENCY REPORT

Robert Harrison gave the Government of Alberta Member update (Please see the attached document)

4 Robert also reported that the Lower Athabasca Regional Plan will be scheduled for final approval once work has been completed on how property rights are to be managed on properties that may be affected by project developments.

British Columbia

PLACEHOLDER, BRITISH COLUMBIA AGENCY REPORT

Lynn Kriwoken gave the Government of British Columbia Member Update.

Lynn also reported that British Columbia has been making efforts to streamline the environmental assessment process and harmonize it with the federal process, with the end goal of having one assessment per project. The public has raised concerns about shale gas activity in northeastern British Columbia. The BC Government has tried to address these concerns through a Human Health Risk Assessment, which is currently in Phase 1 (more information contained within the Member Report, p. 6).

Lynn also reported that a Site C Working Group has been formed. The Working Group has engaged Alberta and the Northwest Territories in Site C discussions.

Vera Nicholson gave the British Columbia Aboriginal Member update. Vera reported that community concerns in Fort Nelson are centred around oil and gas development activities in the Horn River Basin, particularly as related to sand mining and water consumption. Community residents are not aware of any monitoring in the area and this is causing a lot of concern.

Vera also advised that there will be a Keepers of the Water Conference in Fort Nelson on September 26 - 29, 2012. http://www.keepersofthewater.ca/gatherings/2012

Environment Canada

PLACEHOLDER, ENVIRONMENT CANADA AGENCY REPORT

Mike Renouf and Mike Norton gave the Environment Canada Member update (Please see the attached document).

Mike Norton also reported that Environment Canada is managing the impacts of budget reductions and the reorganization of EC Regional Director General offices across the country. These changes do not affect the work of the MRBB. Mike Norton himself is no longer in an acting role and asked whether the Board was comfortable with him continuing in the role of Chair. The Board felt that the model with the Environment Canada member as Chair worked well.

5 Motion: Moved by Lynn Kriwoken. Seconded by Robert Harrison.

THAT Mike Norton continue in the role of MRBB Chair.

CARRIED

Mike Norton also reported that water quality monitoring was moving from a jurisdiction- based structure to a watershed-based structure. This is seen as a more effective model of operation. Water quantity monitoring was not affected by the budget reduction.

41. 6 Bilateral Negotiations Update

Facilitator Contract

Don Pittman reported that managing the Bilateral Negotiations Facilitator contract at times requires a lot of time and attention, primarily because the time frame and funding structure of the contract are unorthodox. Changes in the negotiation timeline mean that the Memorandum of Understanding that commits funds for the work and the contract will need to be amended.

Negotiations Status

PLACEHOLDER, NEGOTIATIONS UPDATE

Robert Harrison reported that Alberta is working on three bilateral water management negotiations in parallel. British Columbia and Alberta have held four meetings, not including conference calls and working groups. The jurisdictions are currently at the Options phase, after comparing individual and joint interests.

Alberta also requested a pause in the formal meeting schedule over the summer of 2012 to provide an opportunity for jurisdictions to catch up on the background work needed to inform the negotiations. Meetings will resume in September 2012 and will include a multilateral meeting in either September or October.

Gary Neil reported that Alberta and Saskatchewan have held three formal meetings and are currently in the Options phase. These negotiations have benefited from work done by British Columbia - Alberta and Alberta - Northwest Territories. The way the project has been managed has allowed the jurisdictions to proceed without having to duplicate work. This summer will provide an opportunity to develop communications and engagement strategies and Saskatchewan will be in a good position to move forward in September.

6 Ray Case reported that Alberta and the Northwest Territories have held three meetings to date, with a fourth scheduled for late June 2012. These negotiations are entering the Options phase, beginning with an examination of water quality, quantity, and governance options as related to ecosystem health and integrity. The NWT will begin an Aboriginal engagement strategy, where representatives will travel to Aboriginal annual assemblies and describe what the transboundary discussions are about. The NWT is also getting feedback from municipalities and industry about their water-related interests. The NWT will try and align the results of these engagement exercises with options identified by other jurisdictions.

Teresa Joudrie reported that AANDC is participating as a partner with the NWT in the Alberta - Northwest Territories negotiations. This work is complicated for AANDC because as a federal department, they also have a responsibility to all Canadians as well as the NWT.

Trish Merrithew-Mercredi reported that AANDC hopes to appoint a negotiator to the process soon. The negotiator will report directly to the Minister of AANDC.

Robert Harrison advised that the negotiation process benefited from having such a variety of perspectives coming to the negotiation tables. This is a significant learning opportunity, as jurisdictions get insight into how other jurisdictions manage their water. Questions also arise that might not otherwise have been considered, but have implications for all negotiation tables. The goal is for all jurisdictions to be at the same basic stage in the negotiation process by the fall of 2012. This will take some work but is necessary because the process shouldn’t be forced before any one jurisdiction is ready to move to the negotiation stage.

Sharon Peter asked about Aboriginal engagement and the incorporation of Traditional Knowledge in the negotiation process.

Robert Harrison said that it was up to each jurisdiction to make these decisions. Alberta held a workshop with the Métis in February. Elders were invited and through their participation, they voiced their concerns in their way, not the Governments’. Alberta received information on how the watershed has changed and how they would like to see watersheds managed. A report on the workshop is available for distribution.

After the Alberta election, an information package was sent to all First Nations in Alberta. The package included information on the status of the bilateral negotiations, explained the terminology used in the negotiation process, and described Alberta’s Interests that would be brought to the negotiation table. Alberta also committed to meet with each of the 27 First Nations.

Ray Case said that the Northwest Territories has been meeting with Aboriginal leaders both at the Board level and the leadership level. The NWT has retained two respected Aboriginal leaders, Stephen Kakfwi and Bob Overvold, to lead these consultations. The NWT also has an Aboriginal Stewardship Committee, which was formed as part of the

7 NWT Water Strategy, which meets after each bilateral meeting. This Committee has a strong understanding of the bilateral negotiation process and transboundary water issues.

Carole Mills said that AANDC commissioned a Traditional Knowledge study related to the bilateral negotiations. This was new knowledge which is being used to guide the negotiations.

41.9 Update from the Traditional Knowledge and Strengthening Partnerships Steering Committee

PLACEHOLDER, TK/P COMMITTEE REPORT

Carole Mills described the key outcomes of the Traditional Knowledge and Strengthening Partnerships Steering Committee Meeting, held on May 30, 2012 (please see the attached document).

The TK/P Committee also discussed the existence of a generic MRBB PowerPoint presentation that described the mandate and structure of the MRBB. This was seen as a tool that could be made available for Aboriginal Board Members to help them engage their organizations. The Secretariat was asked to find and, if necessary, update this presentation.

ACTION: Secretariat to find and, if necessary, update generic MRBB presentation for use by Board Members.

Carole then described the TK/P Committee’s meeting with the TK Best Practices Primer Contractor. The TK Best Practices Primer is aimed at people who want to know about and/or know more about Traditional Knowledge, but aren’t sure how to use it. This target audience includes the MRBB. Work would start right away.

Don Pittman reported that AANDC would administer the contract. Contract funds were made available to AANDC by asking AANDC to retain $25K of the $40K annual contribution for fiscal year 2012-2013.

41.7 MRBB Annual Report 2007-2012

PLACEHOLDER, ANNUAL REPORT UPDATE

Don Pittman described the circumstances under which the MRBB had not submitted an annual report since 2006-07 (please see the attached document). The MRBB had previously directed that the outstanding annual reports be compiled into a single document (see MRBB Meeting 38 minutes).

8 Don reported that he received comments suggesting the annual report could be structured based on theme instead of by year-to-year. Don described the two options and requested direction from the Board to complete the document.

The Board agreed that grouping by theme was a better option and directed the Secretariat to revise and complete the report for Ministers before September 30, 2012.

DECISION: The 2007-2012 annual report will be structured by theme.

ACTION: Secretariat to revise and complete the 2007-2012 annual report for Ministers before September 30, 2012.

41.8 Issues Report

The MRBB Issues Report was sent to Ministers on April 30, 2012. The Report was posted on the MRBB website on May 22, 2012, at which point is was considered to be publicly available.

Board Members reported that they had not received any detailed feedback. Mike Norton had received letters of acknowledgement from the Minister responsible for the Saskatchewan Watershed Authority, Dustin Duncan, and the federal Minister of Health, Leona Aglukkaq.

The Board discussed the Issues Report/State of the Aquatic Ecosystem Report from a lessons learned perspective.

The Board felt that the problems that had been encountered during the SOAER/Issues Report stemmed from a lack of consensus on a vision for the report during the planning process. The planning process, up to and including the development and tendering of a Committee Terms of Reference and Contract Statement of Work, needs to be clear and needs to be supported by all parties.

AANDC has tendered a lessons learned review of the NWT Environmental Audit, which is a state of the environment report. This document may be a useful reference tool for the MRBB when it is available.

ACTION: AANDC to share Lessons Learned Report on the NWT Environmental Audit with the MRBB when available.

The Board then discussed the SOAER in the context of the bilateral water management negotiations and the future of the Board. Given the staff commitments required for the negotiation process, as well as the uncertainty regarding the Board’s role once the bilateral agreements have been completed, the Board concluded that:

9 1. A formal Lessons Learned review of the SOAER/Issues Report would not be initiated; and 2. The Board would not start planning for the next SOAER at this time.

DECISION: The Board will not undertake a formal Lessons Learned review of the 2011 SOAER/Issues Report.

DECISION: The Board will defer a decision on the next SOAER until after the bilateral water management negotiations have concluded.

Board Members also discussed the potential timing of a Ministers Meeting on the MRBB. Minister Miltenberger had recently lobbied for a Ministers Meeting in the near future. Board Members acknowledged that the decision for a Ministers Meeting would be up to the Ministers, but some Board Members felt that a Ministers Meeting would be better informed if it were to occur after the Bilateral Water Management Agreements had been signed. The content of these bilateral agreements would inform whether the MRBB would have any sort of role in administering the implementation of these agreements, and if so, what the role and mandate would look like.

Members felt that the Ministers Meeting, whenever it was scheduled, should be informed by Traditional Knowledge and how it can be used in the implementation of the bilateral agreements. The TK/P Committee was seen as playing a key role here.

Members have the opportunity to engage their respective Ministers internally ahead of the bilateral agreements, to prepare for these discussions whenever they occur. Members expected to have the core elements of the bilateral agreements completed by December. At this point, jurisdictions would hold internal discussions from January to March 2013, when Ministers would be directly engaged. Bilateral and multilateral discussion would be held from March to May 2013.

Members discussed the possibility of having a Ministers sidebar meeting at the next Canadian Council of Ministers of the Environment meeting. While this could be seen as an opportunity to have a substantive discussion, some Members saw the CCME Meeting as an opportunity to provide a status update to Ministers, in preparation for the substantive Ministers Meeting that would occur later.

Ultimately, Members did not reach consensus on a recommendation of the timing of a Ministers Meeting.

41.10 Update from the Technical Committee

PLACEHOLDER, TECHNICAL COMMITTEE UPDATE

10 PLACEHOLDER, TECHNICAL COMMITTEE PRESENTATION

Mike Renouf reported on the activities of the MRBB Technical Committee (please see the attached documents). The Technical Committee recommended that the next step in the evaluation process is to convene a follow-up workshop for model users.

Sharon Peter asked if Traditional Knowledge had been incorporated into the Mackenzie River Basin Model. Sharon gave as an example, the idea of ice thickness and rate and timing of ice melt, which was mentioned in the Model Report as being gaps. People living in communities along the rivers have this knowledge. Brian Yee said that the model needs numbers, and while implementing TK would be a challenge, it could potentially be used to validate results. Trish Merrithew-Mercredi suggested that TK could be used to validate the model, and would provide one way of saying the model works well if First Nations agree with the results.

The Board discussed whether it made sense to hold a workshop if model users have not had the opportunity to use the model. Most workshop participants have not used the model and some modellers have said they are not confident in the results generated by the model. Users need to take the time to actually use and evaluate the model in order to properly assess whether model results can be interpreted with confidence. The model needs to be able to (i) replicate historic flows and (ii) simulate “what if” scenarios.

The model capabilities are dependent on the resources that are put into the model. At the December workshop, modellers asked for additional capabilities, and resources were directed towards adding these capabilities. Active Board support, as requested by the Technical Committee, can be a challenge because there are not always a clear chain of command between Board Members and Modellers.

The MRBB was of the opinion that the Model would not be used in support of the Bilateral Water Management Negotiations, given that more time and effort is required to assess model capabilities, coupled with the schedule for the completion of negotiations. If the model proves to be a tool that can be used with confidence, it would more likely be used as a monitoring tool.

The MRBB concluded that the Technical Committee should continue to move forward with the evaluation of the model.

The MRBB also concluded that the Technical Committee needs to be aware that they have the option to do no further work on the model, if they determine that the model results can not be interpreted with confidence. Modellers will have to spend time using the model to make this type of assessment.

41.11 Update from the Communications Committee

PLACEHOLDER, COMMUNICATIONS COMMITTEE UPDATE

11 Don Pittman reported on the activities of the Communications Committee (please see the attached document).

The Board discussed the Communications Protocol proposed by the Communications Committee. The MRBB will not seek out communications opportunities and will instead react to communications requests as they are received. The exception will be for materials posted on the MRBB website. In addition, the Board will develop a list of topics, and assign roles and responsibilities to address each. The Executive Director and the Chair will remain the primary spokespeople. The Executive Director remains the first point of contact. Questions and inquiries specific to any particular jurisdiction or government agency will be directed to the respective Board Member. The Executive Director will also advise the Board about any inquiries that have been received.

ACTION: Secretariat to develop, in consultation with the MRBB Chair and the MRBB Communications Committee, a list of MRBB inquiry topics, the lead responder, and available support from the jurisdictions and agencies.

The Board then discussed a request from a Northern Journal reporter for a copy of the Meeting Agenda. The request had been denied because the MRBB had never received this type of request before. The Board needed an opportunity to discuss the request before making a decision. The Board decided that it was not appropriate to provide Meeting Agendas to anyone not directly involved in board activities. If requested, key points could be highlighted ahead of time, which could be followed up with by providing key messages out of the meeting, if requested.

DECISION: The MRBB will not distribute meeting agendas to anyone not directly involved in Board-related activities. The Board may, at its discretion, highlight key points the board intends to discuss, if requested to do so. The Board may also, at its discretion, provide key messages that come out of a meeting, if requested to do so.

Adjourn Day 1

The MRBB decided to move the Executive Director Update to the following morning after the oil sands monitoring presentation.

Meeting Adjourned at 4:00 pm.

Day 2 – June 1, 2012

41.13 Call to Order

12 Meeting convened at 9:00 am

41.14 Integrated Monitoring Plan for the Oil Sands

PLACEHOLDER, OIL SANDS MONITORING TECHNICAL BRIEFING

Stacey Smythe described the Oil Sands Monitoring Plan to Board Members (please see the attached document).

During the engagement process, Aboriginal Groups typically ask about whether human health impacts will be monitored. The monitoring program is not set up to directly measure human health impacts but staff will explore how environmental monitoring can link to provincial and federal health authorities. Staff have looked at the Northern Contaminants Monitoring Program as a potential model.

It will take time to build a foundation of information. Answers are not likely to come right away, which can be expected to be a source of frustration for many people and groups who have been asking health questions for years.

Staff are working towards developing a mechanism under which if negative impacts are detected, actions will be taken. Environment Canada Enforcement and Alberta Permitting are expected to play key roles, but it will take time to adapt permitting and management decisions.

There are two key elements: (i) the monitoring design is based on peer-reviewed science- results will be credible so there shouldn’t be any arguments about whether results are valid; and (ii) data will be transparent and formatted so they will be understandable and meaningful to people living in the area. Raw data will also be available.

Industry will fund the $50 million program but will not have any oversight of the results. It will be important to make sure communities understand this, as there may not be a great deal of trust of industry. Talks are underway with communities to ensure that sites and indicators are selected that are significant to communities and to bring them into the development of adaptive management strategies. There will need to be attention and funds directed towards ensuring that capacity exists at the community level and community groups are not stretched beyond their capacity.

Staff are looking at other opportunities for partnerships, and are holding discussions with other monitoring organizations, ENGOs, and Industry Associations about how to move forward and how to ensure that the results are meaningful.

Engagement work will start locally and spread out over time. Talks with Saskatchewan, for example haven’t started but discussions will eventually occur.

13 Two levels of government will be the decision makers but processes will be initiated that will enable others to take part in decisions about what those decisions will look like. Work still needs to be done to make sure these processes are effective and transparent.

41.12 Update from the Executive Director

PLACEHOLDER, EXECUTIVE DIRECTOR UPDATE

Don Pittman reported on his activities for the past fiscal year and requested direction for the upcoming year (please see the attached document).

Some elements of the update had already been discussed during early agenda items, specifically the status of the next SOAER, the fate of which would be decided during the third party review, and the Lessons Learned Report, which would not be undertaken.

Don asked the Board for clarity on the Strategic and Business Planning Cycle. The MRBB Strategic Plan expired in 2011 and the current Business Plan will expire in March 2013. Business planning is currently complicated by the fact that bilateral water management agreements are currently scheduled to be completed in 2013, at which point, a third party review of the Board mandate and structure will be needed.

The Board recommended that the current business plan be extended. The plan needs to acknowledge and provide clarity around significant milestones, specifically the implications of the bilateral water management agreements, as well as the expectations for the Board. Don Pittman was asked to develop a draft Business Plan for the years 2013-2014 and 2014-2015. The MRBB would discuss the draft plans at the next MRBB meeting.

ACTION: Secretariat to develop a draft Business Plan for the years 2013-2014 and 2014-2015.

ACTION: Secretariat to include draft Business Plan discussion on the agenda for the next Board meeting.

Don then asked about the timing of the Third Party Review, as specified in the business plan. The Board recommended that it was currently premature to develop a third party review, as the Board itself will need to examine whether the third party review would be intended to inform the Ministers Meeting or would instead come out of the Ministers Meeting.

The Board discussed Aboriginal Board Member Appointment Letters. Don has only managed to track down one current letter of appointment, and one expired letter of appointment. Don advised that there would be administrative advantages to having up top date letter of appointment. Don committed to search again for Aboriginal Board Member letters of appointment and advise Board Members of their status.

14 ACTION: Executive Director to search for Aboriginal Members’ letter of appointment and advise provincial and territorial Board Members of the respective Aboriginal Member’s status.

The Board also discussed the status of Government Board Member appointments. Government Board Membership is generally linked to a position within the respective governmental corporate structure. The Board confirmed that jurisdictions would be responsible for the mechanism of government Board appointments, as is currently the case.

41.14 Financial Update

Financial Report

PLACEHOLDER, FINANCIAL REPORT

The MRBB carried forward $187,392.00 from 2011-2012 (please see the attached documents). A surplus was made possible by the Board’s actions to reduce operating expenses, the Fiscal Year 2010-2011 decision by Public Works and Government Services Canada to pay the cost of the Fort Smith office lease in 2010-2011 and until the lease expired in May 2011, and the deferral of some deliverable expenses into 2012-2103, specifically the Traditional Knowledge and Strengthening Partnerships Best Practices Primer, and follow-up work within the Technical Committee model workshop contract. Operational funds, which include this year’s annual contribution, total $467,392.

The Board requested that Financial Updates include spending summary from the past fiscal year and the variance from the estimated spending at the beginning of the fiscal year.

ACTION: Secretariat to include spending summary from the past fiscal year and the variance from the estimated spending at the beginning of the fiscal year.

Motion: Moved by Trish Merrithew-Mercredi. Seconded by Lynn Kriwoken.

THAT unspent MRBB funds from 2011-2013 be carried forward into 2012-2013.

CARRIED

Business Plan Addendum

15 PLACEHOLDER, BUSINESS PLAN ADDENDUM

The Board reviewed the draft Business Plan Addendum, which had been requested during MRBB Meeting 38 (please see the attached document). Board Members were not comfortable with some of the proposed phrasing in the document. In addition, some information contained in the Addendum was now obsolete because of Board decisions made during MRBB Meeting 41. The Secretariat was asked to revise the document and distribute it electronically for comment and approval.

ACTION: MRBB Secretariat to revise Draft Business Plan Addendum.

ACTION: Secretariat to distribute Draft 2 Business Plan Addendum for Comment.

ACTION: Board Members to review Draft 2 Business Plan Addendum and recommend further revisions or Approval, as appropriate.

Draft Workplan 2012-2013

PLACEHOLDER, DRAFT WORKPLAN

The Board reviewed the draft workplan, elements of which were introduced during the three Committee updates and the Executive Director update.

(Note: figures provided here have been provided after the fact – unpredictable computer function problems did not allow for real time work with the workplan spreadsheet.)

Fixed costs for 2012-2013 total approximately $200,000. These costs include the Executive Director salary, benefits, and operational budget, Aboriginal Members Contracts, and funds already committed under contracts.

Proposed costs for 2012-2013, as proposed during the Committee and Executive Director updates, total $86,500.

This leaves a reserve fund for 2012-2013 of just over $180,000. These funds had been intended to support a Lessons Learned Report on the SOAER/Issues Report this fiscal year, a SOAER report in an upcoming year, and the third party review of the MRBB, which was to be initiated this fiscal or next fiscal year, at the discretion of the Board.

The Board returned to the discussion about the Mackenzie River Basin model. The Board decided that the objectives that the Board has in mind for the Mackenzie River Basin Model. These objectives would help Model Users with their assessment of model performance. Mike Renouf volunteered to develop the first draft.

16 ACTION: Mike Renouf to write a draft version of Board objectives for the Mackenzie River Basin Model.

The Board discussed options to deal with the reserve funds. The Traditional Knowledge and Strengthening Partnerships Committee will be asked to submit additional workplan proposals. The TK/P Committee will be asked to meet via teleconference before the end of June to discuss ideas.

The Board also discussed options to manage the carry forward, which the board considered to be large. The Board identified several options: 1. reducing the annual MRBB contribution at least temporarily; 2. returning some of the funds to the jurisdictions; or 3. identifying workplan items that funds could go to support.

The board decided to revisit the issue at a later date.

Executive Director Evaluation

The Board went in camera to evaluate the work of the Executive Director. This discussion informed the Performance Evaluation conducted by Mike Renouf after the MRBB meeting concluded.

41.17 Next Meeting

The MRBB will convene at least one teleconference during the summer of 2012.

The next MRBB face to face meeting will be held on November 21 and 22, 2012 in Vancouver. The MRBB will meet in Boardroom 2B of the Environment Canada Office, located on the second floor of 401 Burrard Street.

41.18 Adjourn

Mike Norton ended the meeting by acknowledging Trish Merrithew-Mercredi’s contribution to the MRBB.

The meeting adjourned at 12:00 noon.

17 ANNEX 1: AGENDA

The Board’s Vision: A healthy and diverse aquatic ecosystem for the benefit of present and future generations. Mackenzie River Basin Board Secretariat PO Box 2310 5019 52nd Street Yellowknife, NT X1A 2P7

Agenda, Mackenzie River Basin Board Meeting No. 41 9:00 am May 31 – June 1, 2012 noon Room 9-002 Health Canada 9th floor Canada Place, 9700 Jasper Avenue, Edmonton, Alberta (Access is by the central glass elevators located next to the Information Desk)

41.1 Call to Order – Chair (9:00 am)

41.2 Membership (Information)

41.3 Approval of Agenda (Decision)

41.4 Approval of Minutes #39 (Decision) Approval of Minutes #40 (Decision)

41.5 Member Reports (Information)

41.6 Bilateral Negotiations Update  Bilateral Negotiations Facilitator Contract Update (Information) Bilateral Negotiations Update (Information)

41.7 MRBB Annual Report 2007-2012 (Decision)

41.8 Issues Report  Feedback from Member Organizations/Media/Public (Information)  Lessons Learned (Discussion and Possible Action) 41.9 Update from the Traditional Knowledge and Strengthening Partnerships Steering Committee (Note: Moved ahead of Agenda Item 41.6)  Recap of May 30 Meeting (Information)  Next Steps (Discussion and Direction from the Board)

41.10 Update from the Technical Committee  Hydrology Model User Workshop Update (Information)  Next Steps (Discussion and Direction from the Board)

41.11 Update from the Communications Committee  Recap of Activities (Information)  Next Steps (Discussion and Direction from the Board)

41.12 Update from the Executive Director (Discussion and Direction from the Board)

(Adjourn Day 1 – 4:30)

41.13 Call to Order

41.14 Integrated Monitoring Plan for the Oil Sands (Information)

41.15 Financial Update (Information)

41.16 Workplanning Priorities and Budgeting (Discussion and Decision)  Board Activities  Traditional Knowledge and Strengthening Partnerships Steering Committee  Technical Committee  Communications Committee  Executive Director

41.17 Next Meeting (Decision)

41.18 Adjourn (noon)