Agenda Notes, Mackenzie River Basin Board Meeting No. 50

Agenda Notes, Mackenzie River Basin Board Meeting No. 50

May 20 and 21, 2015 Vancouver, BC

Boardroom B, 2nd Floor, Environment Canada Office

Vancouver, British Columbia

50.1 Call to Order

Intent: Meeting to convene at 9:00 am PDT

Details:Meeting Chaired by Richard Smith.

50.2Approval of Agenda (Tab 1) (Chair)

Intent:Provide Members with the opportunity to review and, if necessary, add to or rearrange the meeting agenda.

Notes:

• As of the time these notes were written, it is unclear whether a representative from BC Hydro will be available to speak to the Board.

• If BC Hydro is not available, the recommended path will be to move the Technical Committee Terms of Reference to 1:00 pm, retain the AANDC discussion at 2:00 pm.

• The Financial Report and Executive Director update can be moved to the end of Day 1.

ACTION:Decision requested regarding approval of Meeting No. 50 agenda.

Motion:Moved by

Seconded by

THAT the agenda of Meeting No. 50 be approved as circulated.

Or:

Motion:Moved by

Seconded by

THAT the agenda of Meeting No. 50 be approved as amended by Members of the Board.

50.3 Membership (Directory located in Tab 2) (Chair)

Intent:Update Board on Membership Status

Notes: Sonny MacDonald Resignation is Item 50.4 and AANDC withdrawal is Item 50.12

50.4 Sonny MacDonald Resignation (Secretariat)

Intent: Outline steps to recognize Sonny MacDonald’s years of service.

Background:

• Sonny MacDonald has served as the NWT Aboriginal Member of the MRBB since the Board’s inception.

• Sonny resigned from the Board on April 16, 2015 for personal reasons.

Current Status:

• Secretariat has prepared a Letter of Thanks (included in meeting package) for the Chair’s signature.

• Aboriginal Board Members, during a Traditional Knowledge and Strengthening Partnerships Steering Committee teleconference on May 1, suggested a public recognition of Sonny’s contributions to the Board.

• The GNWT is preparing to recognize Sonny’s years of service.

Next Steps:

• MRBB Chair Richard Smith will sign a Letter of Thanks commemorating Sonny’s service to the MRBB.

• Don Pittman will have the letter framed and will have a set of MRBB drinking glasses made.

• These items will be presented to Sonny soon and the Board may consider whether to coordinate with the GNWT plans.

50.5 Approval of Minutes, MRBB Meeting 48 (Chair)

Intent: Provide Members with the opportunity to review and, if necessary, edit the meeting minutes.

Background:

• Draft Minutes for Meeting #48 were distributed to the Board on December 31, 2015.

• Comments were received from Brian Yee and Lynn Kriwoken.

• Draft Minutes for Meeting #48 were again distributed to the Board on April 23, 2015.

ACTION: Decision requested regarding approval of MRBB Meeting #48 minutes.

Motion:Moved by

Seconded by

THAT the minutes of MRBB Meeting #48 be approved as circulated.

Or:

Motion:Moved by

Seconded by

THAT the Minutes of MRBB Meeting #48 be approved as amended by Members of the Board.

50.6 Action Items not addressed elsewhere on the Agenda (Tab 3b) (Secretariat)

Intent: Provide Board Members with a status update of Action Items.

Action Items, MRBB

Action 48.6-1: Aboriginal Members to identify Alternate Member. – In progress

Action 48.6.5: Lynn Kriwoken to send link to the Council of the Federation Link to Secretariat. – Secretariat Googled the website (

Action 48.11-3: If Bilateral Water Management Agreement signing ceremony happens in Yellowknife in February 2015, Board Members to meet to discuss SOAER. – Not Completed. Signing ceremony occurred but was different from the ceremony envisioned during Meeting 48.

Action 48.19-2: Aboriginal Board Members to send community links to Andrea Westaway, Government of Alberta by e-mail. Andrea’s e-mail address is

E-mails should be formatted as follows:

Subject: MRBB Aboriginal Links for ______(insert YK, BC, NWT, AB, or SK as appropriate).- Not Complete.

50.7 Update from the Traditional Knowledge and Strengthening Partnerships Steering Committee (Tab 4) (Secretariat and Aboriginal Members)

Intent: Advise Board on status of Steering Committee Activities

Current Status:

• The TK/P Steering Committee will meet on May 28 to discuss their workplan for this coming year. Key activities relate to the SOAER and the Tracking Change Research Proposal.

• The Tracking Change Research Proposal received excellent reviews but SSHRC did not fund the project.

• The proposal will be resubmitted in November 2015. The TK/P Steering Committee will need to discuss how it can most effectively support the resubmission process.

• Committee Members think that a letter of support from each of the MRBB jurisdiction governments would strengthen the proposal.

• The MRBB Aboriginal Board Members have been invited to the International Association of the Study of the Commons Biennial Global Meeting, in Edmonton. They will attend Water sustainability day on May 27.

• The Aboriginal Board Members will set up an MRBB Information Table at an evening event where Cold Amazon, a film about the Mackenzie River Basin, will be shown. Board Members will then discuss the Mackenzie River Basin and the work of the MRBB with interested parties.

• Secretariat will dedicate 10% of schedule to support the work of the Committee. This amount will increase in advance of major committee milestones

Projected Activities:

• Small workshop to develop a list of recommended SOAER Indicators for SOAER Steering Committee to consider.
• TK/P Steering Committee will then work cooperatively with SOAER Steering Committee to finalize the Indicators list.
• Workshop to help guide how Traditional Knowledge will be gathered for the SOAER.

Committee Budget Ask: $97,500

• SOAER TK Indicators Workshop: $20,000
• SOAER TK Gathering Workshop: $27,500
• Traditional Knowledge Technical Report for SOAER: $50,000

TK/P Steering Committee Action Items

Action 48.6-2: Secretariat to post approved TK/P Steering Committee Terms of Reference on MRBB Public Site. – Complete

50.8 Update from the Communications Committee (Tab 5) (Secretariat)

Intent: Advise Board on status of Committee activities.

Details:

Currently no Aboriginal Member since Sonny MacDonald resigned.

Current Status:

2013-2014 Annual Report Published (posted to website)

Mackenzie River Basin Map produced

Questions and Answers developed for Bilateral Water Management Agreements (posted to website)

Two MRBB Fact Sheets,Mackenzie River Basin Transboundary Waters Master Agreement and Role of the Mackenzie River Basin Board, updated and posted to website

MRBB Overview Presentation posted to “About Us” webpage

“Frequently Asked Questions” webpage revised, questions regarding 2012 Issues Report removed.

“AB-NWT Bilateral Water Management Agreement” webpage created

oBWMA and appendices posted to page

Website look and feel revisions being coordinated with PPWB revisions (same contractor maintains both sites)

134 Website Hits since last update on November 18, 2014

Inquiries to MRBB: 3

CBC Reporter looking for information/comment on AB-NWT BWMA. – Provided contact information for NWT and AB Board Members. (March 2015)

University of Victoria Law Student looking for information regarding transboundary water management for a school research project. Responses were coordinated through the MRBB Communications Committee. (March 2015)

Illinois Elementary School Teacher looking for a brochure on the Mackenzie River Basin on behalf of a student named Mackenzie who wanted to do a school research project on the Basin – MRBB does not currently have a brochure of this type. Referred to general information pages on the MRBB website, the Whole Basin portion of SOAER 2003, and provided a map of the Basin. (April 2015).

Correspondence to Board: None

Next Steps:

• Secretariat will dedicate 10% of schedule to support the work of the Committee.

• Aboriginal Member to be confirmed.

Communications Committee will begin meeting by Teleconference. Schedule to be developed cooperatively by Committee Members.

Communications Committee will revise Terms of Reference.

Communications Committee will update MRBB Communications Strategy.

Communications Committee will assess MRBB Communications needs, preferably based on input from Board Members.

Website content will be reviewed and updated as necessary.

Committee will coordinate with activities of other Committees on an as-needed basis.

Committee Budget Ask: $8655

Annual Report: $3000

Website Revision and Maintenance: $1155

Communications Materials: $1500

MRBB Outreach: $3000

Communications Committee Action Items

Action 48.6-4: Secretariat to Review Questions and Answers Section of MRBB Website prior to next face to face meeting and recommend items to be updated. – Complete

Action 48.15-2: Secretariat to work with Communications Committee to develop a Statement of work to update the look of the MRBB website. – Coordinating efforts with PPWB Secretariat.

Action 48.15-3: Secretariat and Chair to review FAQ Section of MRBB Website. – Complete

Action 48.15-4: Board Members to share Question and Answer communications pieces related to bilateral water management agreements with the MRBB. – Complete

Action 48.18-1: Board Members to review and approve MRBB 2013-2014 Annual Report electronically once revised. – Complete.

Action 48.18-2: Board Members to review and approve MRBB presentation electronically once revised. – Complete.

Action 48.19-1: Board Members to advise whether Agency Reports can be posted publicly on the MRBB website. – Secretariat did not hear back from all members. However, there was no consensus on whether Agency Reports could be posted publicly.

Action 45.11-1: MRBB Communications Committee to consider developing public outreach products. – Not Complete.

Action 45.12-1: MRBB Communications Committee to update Terms of Reference. – Not Complete.

Action 45.12-2: Lynn Kriwoken to share the BC Communications Strategy with the Communications Committee for use as a template. – Not Complete; Communications Committee has not been active.

Action 45.12-3: MRBB Members to comment on Communications Committee Terms of Reference and Communications Strategy when available. – Pending completion of Action Item 45.12-1.

Action 45.12-4: Communications Committee Terms of Reference and Communications Strategy to be included in Communications Committee update at June MRBB Meeting. – Not Complete.

Action 44.10-5 Secretariat to develop a What’s New page on MRBB Website. – Not complete. Discussions on scope of page continuing.

50.9 Update from the SOAER Steering Committee (Tab 6) (Secretariat)

Intent:Discuss path forward for SOAER.

Background:

• AANDC’s withdrawal from the SOAER has meant that the Secretariat has been asked to play the role of Project Manager, Steering Committee Chair, Worker Bee, and Secretariat. These roles were formerly shared amongst four people, including two subject matter experts. The Secretariat is not a subject matter expert, especially in the field of water quality. The Secretariat needs to balance these responsibilities with responsibilities to the Board and the other Committees.

• The SOAER writing process is contingent on the selection of a list of Indicators for which data is available and which can be expressed in terms of western science and traditional knowledge.

• A review of the SOAER Indicators Workshop Report and SOAER 2003 produced over 100 potential indicators, which will need to be assessed over six sub-basins located in five jurisdictions.

• The Secretariat has struggled to develop a process to narrow the indicators down to a manageable list that can be assessed and ranked by priority.

• The Board directed that the indicators be linked to the bilateral water management agreements. This has been a blind spot for the Secretariat. One of the agreements has recently been made available; however, finding time to review that agreement and appendices in detail has been a challenge.

• The Secretariat has been reluctant to engage the SOAER Steering Committee without being able to articulate a clear and manageable path forward.

The Proposed Path Forward:

• The Secretariat will allocate 40% of the work week to the SOAER.

Indicators

• The field of potential indicators needs to be narrowed down by removing any indicators for which data is not readily available. This is where the process is currently bogged down. Help is needed.

• The SOAER Steering Committee will hold a small facilitated workshop in which participants will recommend a list of potential indicators (number to be determined) from a western science perspective.

• The Traditional Knowledge and Strengthening Partnerships Steering Committee will hold a small facilitated workshop in which participants will recommend a list of potential indicators (number to be determined) from a traditional knowledge perspective.

• Both Steering Committees will come together to hold a joint facilitated meeting where the indicator lists are compared and discussed. The committees will cooperatively develop a final list of recommended indicators.

• These actions should be completed prior to the next MRBB face to face meeting.

Contracting:

The Secretariat will allocate a block of time to write draft statements of work for the following contracts:

• Facilitation contract to finalize indicators:
• Convene small SOAER Indicators Workshop
• Convene small SOAER TK Indicators Workshop.
• Convene a facilitated joint meeting of the SOAER and TK/P Steering Committees. If a lead writer has been selected by this time, that person will also attend the joint meeting.
• Lead writer contract

• Technical report on Water Quality
• Technical report on Water Quantity
• Technical report on Groundwater
• Technical report on Ecosystem Health
• Technical report on Local and Traditional Knowledge

These statements of work will be completed in collaboration with the affected committees.

The Secretariat will tender the contracts through the Environment Canada procurement system.

Committee Budget Ask: $170,000

• Facilitation Contract: $30,000
• Lead Writer: $30,000 (2015-2016 estimate for multi-year contract)
• Water Quality technical report $25,000.
• Water Quantity technical report $25,000.
• Groundwater technical report $25,000.
• Ecosystem Health technical report $35,000.

SOAER Steering Committee Action Items:

Action 48.11-1: Secretariat and Erin Kelly to revise SOAER workplan and link with outcomes from the bilateral water management negotiations for discussion at May face to face MRBB meeting. - Not complete.

Action 48.11-2: Secretariat to develop Statement of Work for SOAER Lead Writer contract. – Not complete.

Action 48-11-4: Board Members to report on their human resource capacity to support the SOAER prior to May face to face MRBB meeting. – Not complete

Action 48.11-5: Secretariat to check indicators used by the Arctic Council. – Not complete. The Board already has over 100 potential indicators to choose from.

Action 47.12-3 Secretariat to distribute SOAER Timeline to Board. - Complete.

Action 45.5-2: The SOAER Steering Committee will develop a project plan for the SOAER, which will be an agenda item at the June MRBB meeting. – In progress.

Action 45.5-3: Secretariat to update critical path of SOAER process based on new timelines. – Complete.

Action 45.8-1: SOAER Steering Committee to identify a Project Manager before the June MRBB Meeting. – Not Complete.

50.10 Jurisdiction Spill Notification Protocols (Tab 7) (Jurisdiction Government Members)

Intent: Jurisdiction Government Members share information about their respective spill notification protocols.

Background:

• This agenda item represents the completion of Action 48.6-3: Secretariat to include Jurisdiction spill notification protocols on the agenda of the next MRBB face to face meeting.

• Spill notification protocols are addressed under the bilateral water management agreements.

50.11 Site C Project Update (Tab 8 – no material provided in advance of meeting) (BC Hydro)

Intent: Provide an update to the Board on the status of the Site C Hydro Project.

Note: As of the time these notes were written, it is unclear whether a representative from BC Hydro will be available to speak to the Board.

Background: Since the last time that BC Hrdro briefed the Board on Site C, the project passed the federal and provincial environmental assessments, and was approved by the BC government.

50.12 AANDC and the Master Agreement (No Tab) Mohan Denetto

Note: Mohan Denetto will participate by phone at 2:00 pm PDT, 3:00 pm MDT

Intent:Discuss the most recent developments in AANDC’s proposed withdrawal from the MRBB and the possible implications.

Details:

AANDC is producing documentation to support its proposed withdrawal from the Board. These documents will be shared at a later date.

50.13 Bilateral Water Management Negotiations Update (Tab 9) (Jurisdiction Government Members)

Intent: Information sharing.

Background:

• Alberta and the Northwest Territories completed their bilateral water management agreement earlier this year. A signing ceremony was held in March.

• Work continues on the remaining bilateral water management agreements.

50.14Technical Committee Terms of Reference(Tab 3) Lynn Kriwoken

Intent: Initiate discussion ofthe revised Terms of Reference for the Technical Committee.

Background:

• Board Members who are involved in bilateral water management negotiations proposed that a Science and Monitoring Committee (SMC)be formed under the MRBB.

• The SMC was intended to provide (i) a means of dealing with issues that extended beyond a single Bilateral Water Management Agreement and (ii) a means for the federal government to be engaged in the implementation of the bilateral water management agreements, since the federal government is not a signatory to any of these agreements.

• At Meeting 48, the MRBB formed a Working Group to develop a Terms of Reference for the proposed SMC.The Working Group updated the existing Technical Committee Terms of Reference to reflect the responsibilities envisioned for the SMC.

Current Status:

• The committee in question is now referred to as the Technical Committee. It will no longer be referred to as the SMC.

• An updated draft Terms of Reference has been provided for Members in advance of Meeting 50. This version will be distributed at Meeting 50

• Key Points for the Board to consider:

The proposed mandate.

The proposed membership.

The proposed responsibilities that will be assigned to the committee.

Next Steps:

• The Board will decide whether it is ready to constitute the Technical Committee based on the current Terms of Reference.

• Assuming that the Board proceeds with the Technical Committee, Board Members will need to consider who they may appoint to the Committee.

• Board Members will need to consider specific tasks that could be allocated to the Technical Committee.

• Board Members will also need to consider the resource requirements that the Technical Committee will likely need.

ACTION: Decision requested of whether to approve the draft Terms of Reference for the MRBB Technical Committee.

and

ACTION: Decision requested of whether to reconstitute the MRBB Technical Committee.

Note: A negative decision will mean that the Board wishes the Technical Committee Working Group to do more work on the Terms of Reference and bring it to the Board at a later date.