Minutes of the Fortyone Meeting

MINUTES OF THE FORTYONE MEETING

May 31 – June 1, 2012

Members:

Mike NortonMember/Chair Environment Canada

Mike RenoufAlternate MemberEnvironment Canada

Lynn KriwokenMemberBritish Columbia

Vera NicholsonAboriginal MemberBritish Columbia

Jon BowenMemberYukon

Sharon PeterAboriginal MemberYukon

Robert HarrisonMemberAlberta

Brian YeeAlternate MemberAlberta

Gary NeilAlternate MemberSaskatchewan

Ray CaseMemberNorthwest Territories

Ward ChickoskiMemberHealth Canada

Bryan HaggartyAlternate Member Health Canada

Trish Merrithew-MercrediMemberAboriginal Affairs and

Northern Development Canada

Teresa JoudrieAlternate MemberAboriginal Affairs and

Northern Development Canada

Guests:

Theresa BraatGuestEnvironment Canada

Stacey SmytheGuestEnvironment Canada

Carole MillsGuestAboriginal Affairs and

Northern Development Canada

Secretariat:

Don PittmanExecutive DirectorMackenzieRiver Basin

Board

Day 1 – May 31, 2012

41.1 Call to Order

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

41.2Membership

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.

41.3Approval 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 theAgenda (Annex 1).

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

Meeting #39

The Board reviewed the Minutes from MRBB Meeting #39. Robert Harrisonpointed 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

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

41.5Member Reports

Yukon

PLACEHOLDER, YUKON AGENCY REPORT

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

Jonalso reported that theYukon 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 Petergave 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 PrivateLands 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 CanadaMembers’ 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.

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)

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 Kriwokengave the Government of British Columbia Member Update.

Lynn also reported that British Columbiahas 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 engagedAlberta andthe Northwest Territories in Site C discussions.

Vera Nicholsongave the British Columbia Aboriginal Member update. Vera reported that community concerns inFort Nelson are centred around oil and gas development activities in the HornRiver 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.

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.

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 Pittmanreported 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 Harrisonreported 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 Saskatchewanhave 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.

Ray Casereported 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 NWTis also getting feedback from municipalities and industry about their water-related interests. The NWTwill 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-Mercredireported that AANDC hopes to appoint a negotiator to the process soon. The negotiator will report directly to the Minister of AANDC.

Robert Harrisonadvised 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 Peterasked about Aboriginal engagement and the incorporation of Traditional Knowledge in the negotiation process.

Robert Harrisonsaid 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 Casesaid 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 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 Millsdescribed 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 Pittmandescribed 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).

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:

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.