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Terms of Reference for the Mining Sector Sustainability Table include:
I. Mandate
II. Scope / Value-Chain
III. Membership
IV. Operating Principles and Procedures
V. Performance Evaluation
In the October 2004 Speech from the Throne, the Government of Canada committed to “work with its partners to build sustainable development systematically into decision making”. This direction reflects a new national approach to environmental sustainability, the Competitiveness and Environmental Sustainability Framework (CESF), which seeks to better align environmental and economic signals. The CESF vision is to attain the highest level of environmental quality, as a means to enhance the health and well-being of Canadians, preserve our natural environment, and advance our long-term competitiveness – improving Canadians’ quality of life.
The CESF aims to fundamentally reshape environmental management in Canada by:
In recognition of this new approach, the Minister of the Environment committed to improve Canada’s environmental decision-making process, specifically by considering the creation of SSTs.
In creating a Mining Sector Sustainability table, it is recognized that our mining sector contributes to the health of many communities and the Canadian economy.
In going forward, the Tables may consider and make recommendations related to a broad range of decisions pertinent to the environmental sustainability and competitiveness of the mining sector, based on the following pillars:
The Tables will consider the smart regulation approach for environmental sustainability. SSTs will embody the 3 characteristics of smart regulations by supporting:
The Table will also ensure that connections are made with existing processes related to the mining sector, to minimize overlap with effective efforts already underway.
The mandate of the Mining Sector Sustainability Table is to make recommendations to governments in order to attain the highest level of environmental quality, as a means to enhance the health and well-being of Canadians, preserve our natural environment, and advance the long-term competitiveness and environmental performance of the Canadian mining industry– improving Canadians’ quality of life and the sustainability of communities.
The scope of the Mining SST will encompass the following:
This is specifically excluding coal and oil sands because they are part of the Energy SST, but this Table reserves the right to invite representatives whenever necessary.
MSST membership must appropriately reflect all interested stakeholders representing the full value chain of the sector. Membership should consist of a reasonable balance between industry, government, and other interested parties with Aboriginal Peoples also at the Table. This balance would be achieved through balance amongst four groups:
All MSST members should possess the following knowledge, skills and abilities for membership on the MSST:
·Able to work professionally and collaboratively in a multi-stakeholder setting;
The Table will establish clear priorities and develop recommendations that optimize positive environmental outcomes.
The Tables’ recommendations will focus on delivering on both short- and long-term outcomes. In achieving these outcomes, the recommendations should seek to align environmental and economic signals to drive compliance, reward leaders and deliver results.
The multi-stakeholder process used, agendas, and the recommendations reached by the Table will remain transparent to the public via regular reporting.
The Table’s recommendations will focus ways to provide long-term investment and planning certainty for all stakeholders.
The MSST will undertake to support, access, and integrate Aboriginal Traditional Knowledge (ATK) and local community knowledge in its work whenever possible. The MSST will use this body of local and regional experience towards fulfilling its mandate. This will be accomplished through MSST ATK and local community knowledge building, as well as aiding in the development of solutions and recommendations concerning proper and meaningful support, access and integration of ATK and local community knowledge in government and industry decision-making.
Co-chairs and members are not permanent, and will have a limited term.
All members should display mutual respect for each other’s expressed interests and work to create conditions for open and frank deliberation. The Table should recognize diverse opinions when significant and appropriate.
Lack of full certainty or full agreement should not preclude the Table from taking positions or providing recommendations; however the Table must be transparent about the basis for recommendations in such circumstances (including reflecting dissenting views). Table members should demonstrate flexibility in their views, but also maintain the right to advocate dissenting views and recommendations.
The Mining SST should link with, and in some cases build upon, relevant existing collaborative processes such as the Base Metals Environmental Multi-Stakeholder Group (BEMAG) and Metal Mining Effluent Regulations (MMER), and other relevant bodies, such as the National Roundtable for Environment and the Economy.
The role of the MSST is to identify a set of priority issues for its deliberations and determine how best to meet environmental sustainability objectives in a way that strengthens long-term competitiveness. Sector Sustainability Tables will develop recommendations to inform the decisions and actions of all stakeholders. The MSST will report its recommendations to the Government of Canada’s Deputy Minister Committee on Environment and Sustainability, as necessary.
Co-Chair: The key role of the Co-chair is to provide overall leadership for the Sector Sustainability Table and all its activities. Co-chairs are responsible for facilitating and coordinating MSST discussions and for carrying forward MSST positions and recommendations.
Government of Canada members will bring issues to the Table for deliberations; these will include short– and long-term priorities and environmental objectives. The Government of Canada will bring an integrated government view on priorities to be discussed by the Table. During MSST discussions, government representatives will participate as full table members.
For Table outputs, all Government of Canada members are responsible for bringing the Government of Canada view to the Table and to develop a Government of Canada position on the Table’s recommendations. All Government of Canada members are responsible for ensuring that appropriate action is taken within the Government of Canada on Table recommendations.
Members of the Table are there as individual experts and may also represent an organization: they should share their knowledge, expertise and perspective with other members, but they do not necessarily carry the position of their organization or the position of their constituency. Table members will, however, seek to understand the views of their constituency and communicate the work of the Table back to their constituency.
On agreement of MSST members, other individuals can be invited to sit at the MSST on an ad hoc basis to provide expertise and recommendations to MSST members.
The MSST can establish and task Working Groups, consisting of appropriate sector experts, to investigate issues or priorities identified by the MSST or to provide advice and/or recommendations to the MSST. MSST members are responsible for defining the scope of work, deliverables and reporting requirements for all Working Groups.
Chairs of the Working Groups can come from any of the four groups constituting the Table (see Membership) or any other (e.g., university) deemed appropriate to the task of the Working Group.
The main roles of the Secretariat are to provide logistical support to the Table and Working Groups; and to ensure that the support requested by the Table is provided. Functions that the Secretariat will perform include:
The Secretariat will be present at MSST and Working Group meetings to facilitate the work of the Table and to action requests for research and other support.
The Mining Sector Sustainability Table will meet up to three times per year, with each meeting lasting between half a day and a day and a half, depending upon the agenda.
Any Table member can propose items for the agenda. The Co-chairs will contact Table members in advance of meetings to pull agenda items together. Agendas will be jointly agreed upon by the Co-chairs. Once agreed, the agenda will be made public and posted online at least 3 weeks in advance of a Table meeting.
Part of the wrap-up of each meeting will be devoted to identifying agenda items for the next meeting.
To ensure that the MSST process remains open and transparent, the following documents will be reported publicly:
Meetings will be open and transparent, and whenever possible, Co-chairs will try to work the table towards consensus. After a suitable amount of time for discussion, Co-chairs will forward recommendations from the MSST to the Deputy Minister’s Policy Committee on Environment and Sustainability, noting any dissenting views. Recommendations will also go to relevant ministries and other stakeholders as appropriate.
The Government of Canada will provide funding to individuals from both Aboriginal organizations and non-governmental organizations to ensure the appropriate level of participation is attained. Funding will be provided for the costs associated with preparation and participation at MSST meetings.
The MSST will establish a performance framework designed to analyze and report on the performance of the Table. This framework will function as a tool that will enhance the management and reporting of the Table’s activities by measuring the organization’s level of achievement of results.
The MSST will appoint a multi-stakeholder review team to track the Table’s performance based on the requirements of the Performance Measurement Framework and to report its findings to the Sector Table and to the public in a consistent and timely fashion.
