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Section II: Analysis of Program Activities by Strategic Outcome

In this section:

 

Strategic Outcome

Environmental considerations are taken into account in federal government decisions respecting policies, plans, programs and projects.

Program Activity: Environmental Assessment Development Program

Program Activity Description

The program develops and maintains an effective, efficient, and integrated environmental assessment process at the federal level, fully considering the interactions with other environmental assessments (EAs) and consultative and regulatory decision-making processes in Canada, and mindful of the transboundary context. A sound environmental assessment process is vital to achieving the strategic outcome. Ensuring that environmental considerations are integrated into federal government decision making through sound EA practices supports a high quality of life for Canadians, environmental sustainability, and economic competitiveness.


2010–2011 Financial Resources ($ thousands)
Planned Spending Total Authorities Actual Spending
4,153 4,482 3,765
The lapsed funds under the Environmental Assessment Development Program were mainly attributable to a delay in the initiation of the parliamentary review of the Canadian Environmental Assessment Act by the Standing Committee on Environment and Sustainable Development. Planned work to respond to the review was delayed pending the committee proceeding with the review.


2010–2011 Human Resources (FTEs)
Planned Actual Difference
40 41 1


Expected
Results
Performance
Indicators
Targets Performance
Status
Federal organizations have the instruments they need to meet their EA responsibilities Percentage of federal organizations that agree that the instruments provided by the Agency set out and explain the EA requirements within the federal government 75% of federal organizations agree that the instruments provided by the Agency set out and explain the EA requirements at the federal level Partially met
  • Agency consultations with federal counterparts generally revealed a high level of satisfaction with the basic operational policy and regulatory instruments. These meetings also suggested the need for additional support in relation to major projects, cumulative effects, and strategic environmental assessments (SEAs).
  • During the reporting period, the Canadian Environmental; Assessment Agency (the Agency) focused on guidance and tools to support its new responsibility for comprehensive studies. The Agency will identify priorities for action in the coming fiscal year.
Federal departments and agencies have access to the training and information they need to implement the Cabinet Directive on Environmental Assessment of Policy, Plan and Program Proposals Percentage of course participants from federal departments and agencies indicating their satisfaction with training course content and materials 85% of course participants from federal departments are satisfied with training course content and materials Not assessed
  • The Agency did not offer its course on implementation of the Cabinet Directive (SEA 101) during this period so cannot report on this indicator. The Agency is renewing the course to reflect the new guidelines released in 2010–2011.
  • The Agency provided ongoing advice and engaged in discussions with departmental SEA practitioners on the requirements of the revised guidelines.
Key issues are addressed, contributing to an improved federal EA framework consistent with the Canadian Environmental Assessment Act (the Act) Percentage of key issues being addressed through the development of new or amended policies, procedures, regulations, or legislative proposals Over five years, 100% of key issues are being addressed as a result of new or amended policies, procedures, regulations, or legislative proposals Met all
  • 100% of these key issues were addressed:
    • Aboriginal consultation;
    • streamlining EA processes;
    • project scoping;
    • federal–provincial coordination; and
    • federal coordination (multiple responsible authorities).

Explanatory Note for Key Issues Indicator

Since 2009–2010 was the first year the Agency reported against these key issues, the Agency will be able to report against the five-year target in 2013–2014. There may be some variability in the key issues addressed from year to year over the five-year period. During 2010–2011, the Agency addressed the following key issues.

Aboriginal Consultation

  • The Agency developed a practitioner's guide to support the integration of Aboriginal consultation into comprehensive studies.
  • Important instruments were also developed to provide broad direction and detailed guidance to Agency employees engaged in Aboriginal consultation.
  • The Agency provided training to the federal community on consulting Aboriginal groups in environmental assessment.

Streamlining the Environmental Assessment Process

  • Proposed regulations that establish time lines for the conduct of comprehensive studies by the Agency were pre-published in the Canada Gazette, Part I.

Project Scoping

  • Policy direction was provided to federal departments and agencies in response to the Supreme Court of Canada's ruling in the Red Chris Mine case (MiningWatch Canada v. Canada).

Federal-Provincial Coordination

  • The Canada-Quebec Agreement on Environmental Assessment Cooperation was renewed.
  • Implementation of amendments to the Act allowed assessments of large-scale projects to start sooner and facilitated coordination with provincial assessment processes.

Federal Coordination

  • Consultation took place on proposals to improve alignment of the environmental assessment requirements for commercial ski areas in national parks with Parks Canada's applicable management processes and policies.
  • Implementation of amendments to the Act allowed for more efficient management of the federal environmental assessment process by making the Agency responsible for the conduct of most comprehensive studies.
  • Memoranda of understanding were finalized with the Canadian Nuclear Safety Commission and the National Energy Board concerning the conditions under which their processes may be substituted for a federal review panel under the Act.
Performance Summary and Analysis of Program Activity

The Environmental Assessment Development Program Activity aligns most closely with the Agency's priority to build a framework for more integrated EAs. By establishing and maintaining the policy and legislative foundation for the practice of environmental assessment at the federal level, the program activity also supports the Agency's priority to play an active leadership role in the federal EA process.

The Agency consulted with partners and stakeholders, and monitored and evaluated emerging issues to develop appropriate responses in support of effective, efficient, and integrated environmental assessments. This required consideration of interactions with other EAs, consultative and regulatory decision-making processes in Canada, and EAs in a transboundary context.

Strengthening Coordination and Cooperation

The Agency continued to consult with its provincial counterparts and renewed the Canada-Quebec Agreement on Environmental Assessment Cooperation to reduce duplication between federal and provincial processes and improve the delivery of high-quality, timely environmental assessments.

A decision by the Supreme Court of Canada in January 2010—MiningWatch Canada v. Canada—provided clarification on the scope of a project under the Canadian Environmental Assessment Act. The Supreme Court found that the scope of the project for the purpose of an EA is, at a minimum, the project as proposed by the proponent. The development of operational guidance for departments and agencies responsible for conducting environmental assessments in response to the outcome of that decision continued into the reporting period.

Amendments to the Act in July 2010 made the Agency responsible for most comprehensive studies and resulted in an earlier determination of when to begin an environmental assessment. This allows for better alignment with provincial EA processes where both regimes apply, which promotes stronger coordination and cooperation.

As complements to the amendments to the Act, proposed regulations that establish time lines for the conduct of comprehensive studies by the Agency were made available for consultation in the Canada Gazette, Part I. The Agency also developed and finalized memoranda of understanding with the Canadian Nuclear Safety Commission and the National Energy Board concerning the conditions under which their processes may be substituted for an environmental assessment by a review panel under the Act.

Aboriginal Consultation

The Government of Canada consults with Aboriginal peoples for reasons of good governance, sound policy development, and decision making, in addition to legal obligations. The government takes a whole-of-government approach to Aboriginal consultation for major projects, to ensure that Aboriginal groups are consulted and accommodated when it contemplates actions that may adversely affect established or potential Aboriginal and treaty rights.

This approach is mandated by the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects and the associated memorandum of understanding (2007), and is based on Aboriginal Consultation and Accommodation: Updated Guidelines for Federal Officials to Fulfill the Legal Duty to Consult–2011 (March 2011).

The Agency integrates Aboriginal consultation into the environmental assessments it leads, on behalf of the federal government. During the reporting period, this leadership role was further defined through consolidation of the policy framework and early implementation.

This resulted in a more refined approach to integrating Aboriginal consultation into environmental assessments and a net improvement in the capacity to deliver. Key stepping stones included distribution throughout the Agency of an Aboriginal consultation practitioners' guide and training sessions delivered to Agency and interested federal employees across the country.

The Agency also worked to strengthen interdepartmental governance and communication to ensure the duty to consult is fulfilled on those projects where it serves as Crown consultation coordinator. Notably, the Agency contributed content on key elements of the Integration of Aboriginal Consultation into the EA Process model for inclusion in the Government of Canada's Aboriginal Consultation and Accommodation: Updated Guidelines for Federal Officials to Fulfill the Legal Duty to Consult–2011.

In support of Aboriginal consultation and the overall EA process, the Agency continued to develop its geographic information system (GIS) capacity. This effort included further development of partnerships with other federal departments and agencies and additional refinements to deliver a more useful product. A GIS provides visual analysis tools for practitioners and an effective means of communicating information to decision makers.

Parliamentary Review of the Act

The 2003 Act to amend the Canadian Environmental Assessment Act requires a review of the provisions and operation of the Act led by a parliamentary committee. During the reporting period, the Agency considered observations from the 2009 report by the Commissioner of the Environment and Sustainable Development and conducted research and analysis to prepare for—and contribute to—the review, if requested by the parliamentary committee.

Research and Analysis

The Agency undertook research and analysis to establish a solid understanding of how federal environmental assessment is being implemented, focusing on identifying impediments to the efficient and effective conduct of those assessments.

The Agency's Quality Assurance Program published Effectiveness of the Environmental Assessment Track Process under the Canadian Environmental Assessment Act. Under the Act, as amended in 2003, departments responsible for conducting a comprehensive study followed a process, commonly referred to as the track process, to provide a recommendation to the Minister of the Environment on whether the assessment should continue by means of a comprehensive study or be referred to a review panel. The analysis conducted under the Quality Assurance Program informed amendments to the Act that came into effect in July 2010. The amendments to the Act significantly changed the comprehensive study process by removing the requirement for an EA track decision. Those amendments are expected to improve timeliness, accountability, and coordination with provincial reviews, as shown in the analysis.

Research and reporting in relation to the following five studies reached an advanced stage: developing a framework for analysis of the quality of screening reports; applying the framework to a sample of recent screening reports; assessing the effectiveness of measures taken to improve the timeliness of initiating environmental assessments; describing and evaluating various systems used by responsible authorities to ensure implementation of mitigation measures; and describing experience to date in designing and implementing follow-up programs. The Agency plans to publish these studies during the 2011–2012 fiscal year.

Strengthening Federal Policy Development

The Agency worked with the Privy Council Office and Environment Canada to update the Guidelines for Implementing the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. The renewed Guidelines, issued in October 2010, link strategic environmental assessments with the Federal Sustainable Development Strategy, improve transparency, include new reporting requirements, and clarify roles and responsibilities for the application of the Cabinet Directive. Strategic environmental assessments support informed decision making by identifying potential important environmental effects (positive or negative) and propose measures to mitigate them for proposals submitted to ministers or Cabinet. During the reporting period, the Agency provided ongoing advice and renewed guidance consistent with the revised Guidelines. The Agency also facilitated ongoing discussions with an interdepartmental community of practice—including a workshop to support the development of SEA performance metrics and associated processes—to strengthen the application of federal SEAs.

Consulting with Partners, Stakeholders, and Other Jurisdictions

During the reporting period, the Agency participated in regional-scale initiatives, such as the Beaufort Regional Environmental Assessment and the Lower Athabasca Regional Plan to further explore the potential of regional assessment to inform federal decisions, most notably for the management of cumulative effects. The Agency also examined lessons learned and approaches used in other jurisdictions.

The Agency worked collaboratively with the international community through such forums as meetings with the United States Environmental Protection Agency to discuss issues of mutual interest. The Agency participated in the International Association for Impact Assessment (IAIA) Special Symposium on Climate Change and Impact Assessment in November 2010, joining other organizations in the international impact assessment community to share ideas and best practices. The Agency also supported the work of the Secrétariat international francophone pour l'évaluation environnementale (SIFÉE) by chairing a session and giving a presentation at the 2010 conference in Paris.

The Agency provided specialist advice to Aboriginal Affairs and Northern Development Canada to ensure that environmental assessment regimes developed and implemented pursuant to comprehensive land claim and self-government agreements were consistent with the requirements of the Canadian Environmental Assessment Act.

With respect to specific negotiations across Canada, the Agency provided expertise and support for the development of environmental assessment chapters for the Innu of Labrador land claim agreement-in-principle, the Akwesasne self-government agreement, and six modern treaties in British Columbia. In addition, review and coordination of input to the Nunatsiavut Environmental Protection Act, developed pursuant to the Labrador Inuit Land Claims Agreement, was undertaken.

Ongoing Improvements for Major Resource Projects

In 2008, the Major Projects Management Office (MPMO) was established within Natural Resources Canada to provide overarching project coordination for major resource projects and to identify opportunities to improve the regulatory process. The Agency has worked closely with the MPMO since its establishment, with—as anticipated by the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects—a particular emphasis on the development of measures to improve the performance of the regulatory system for major resource projects.

An interdepartmental evaluation committee led by Natural Resources Canada was established to evaluate the MPMO initiative. It will examine the relevance and performance (both effectiveness and efficiency) of the initiative in meeting its objectives. The Agency is a member of the committee and is collaborating with the evaluation team at Natural Resources Canada to ensure a well-informed and accurate evaluation.

Lessons Learned

The amendments to the Act that came into force in July 2010 necessitated significant changes to database systems, including the Canadian Environmental Assessment Registry Internet site and internal information management tools. These modifications afforded an opportunity to address some existing weaknesses and to prepare for the development of more robust systems that would increase meaningful public engagement and awareness by enhancing the transparency, timeliness, credibility, and integrity of EA information.

In advance of the amendments to the Act coming into force and during the weeks following their implementation, the Agency invested efforts in outreach activities to federal departments and agencies. Federal organizations are key collaborators to ensure an effective and timely environmental assessment process under the amended Act. The goal was to ensure departments and agencies were informed of the amendments, provide them with an opportunity to voice their concerns and for the Agency to see how delivery of the amendments could be improved to address some of the concerns raised. The efforts invested in outreach activities proved to be an effective means to ensure a successful implementation of the amendments.

Program Activity: Environmental Assessment Support Program

Program Activity Description

This program comprises the Public Participation Program, the James Bay and Northern Quebec Agreement, the federal EA training program, the delivery of policy and guidance products, the Class Screening Program, and the Environmental Assessment Management Program—the various means by which Canadians, industry, stakeholders, and interested parties interact and meet their various obligations pursuant to the Canadian Environmental Assessment Act. This includes public participation, information dissemination, guidance, and record keeping. This is done to ensure that a transparent and rigorous environmental assessment process is applied under the Canadian Environmental Assessment Act.


2010–2011 Financial Resources ($ thousands)
Planned Spending Total Authorities Actual Spending
17,107 17,922 15,263
The Environmental Assessment Support Program lapsed funding was mainly due to delays in the environmental assessment process as a result of proponent decisions. It is not uncommon for the EA process to be put on hold as a result of proponent decisions to redesign or delay a project. Funds allocated to support public and Aboriginal group participation in the EA process may therefore not be spent when projected to be required. The Agency is working to reprofile Participant Funding Program resources so that the funds would be available to reimburse eligible expenses when incurred in future years.


2010–2011 Human Resources (FTEs)
Planned Actual Difference
134 135 1


Expected
Results
Performance
Indicators
Targets Performance
Status
The Agency contributes to a reduction in time to complete the EA of major resource projects Percentage of times in which the Agency meets the time line for its activities, as established in the Major Projects Management Office project agreement Agency meets 100% of the time lines for its activities, as established by the MPMO project agreement Not met
  • The Agency met the time line for its activities established in the MPMO project agreements 53% (11) of the time for 21 milestones associated with seven projects.
  • However, for five of the 10 milestones where time lines were not met, the time lines were exceeded by less than three days.
  • Reasons for not meeting milestones included adjustments to remain aligned with provincial environmental assessment process requirements.
  • The Agency is striving to improve performance with respect to achieving milestone targets. During the 2010–2011 reporting year, the Agency worked with the MPMO and other departments and agencies to develop templates to expedite the project agreement development stage for projects. These templates have been designed to align with provincial environmental assessment processes and the Agency is working to ensure that the time lines established in the project agreements are realistic and achievable thus ensuring improved performance in future years.
A single EA report produces the necessary information to support federal and provincial EA decisions when both jurisdictions require EAs of a project Percentage of times when a cooperative EA report produces the necessary information to support federal and provincial EA decisions 80% of cooperative EA reports produce the necessary information to support federal and provincial EA decisions Exceeded
  • 100% of cooperative environmental assessments included reports that produced the necessary information to support federal and provincial EA decisions.
  • Sixteen projects where the Agency was EA manager or FEAC received an EA decision, and all 16 had one set of environmental impact statement guidelines to satisfy the requirements for both the federal and provincial environmental assessments.
Responsible authorities and proponents understand the Agency's role in implementing the major resource projects process Percentage of responsible authorities and proponent representatives who agree that they understand the Agency's role in relation to the EA of projects subject to the major resource projects process 85% of responsible authorities and proponents agree that they understand the Agency's role in relation to the EA of projects subject to the major resource projects process Exceeded
  • Ten project agreements, which outline roles and responsibilities of the Agency in implementing the major resource projects process, were signed by responsible authorities in the reporting period and are publicly available. Project proponents access these documents and thus are provided with an understanding of the Agency's role. The Agency also led project review teams, which serve as a forum to define the role of the Agency as well as the various roles of federal departments.
Interests of Aboriginal groups in relation to the EA of projects where the Agency is EA manager are documented and presented to support decision making Percentage of projects where the Agency is the Crown consultation coordinator for which an Aboriginal consultation work plan is developed and implemented by the Agency An Aboriginal consultation work plan is developed and implemented for 100% of projects where the Agency is the Crown consultation coordinator Met all
  • Aboriginal interests are documented and presented to support the decision-making process for all major resource projects where the Agency is the EA manager.
  • Decisions under the Act for two major resource projects (Prosperity Gold-Copper Mine and the Naikun Wind Farm) were made, and documentation of the results of Aboriginal consultation informed those decisions.
The Agency facilitates meaningful public participation in federal EAs by providing funding to support certain activities Percentage of funding recipients that agree that the funding provided by the Agency improved their ability to participate meaningfully in the EA process 75% of funding recipients agree that the funding provided by the Agency improved their ability to participate meaningfully in the EA process Exceeded
  • The Agency sent 23 satisfaction surveys seeking information on funding recipients' satisfaction regarding the Participant Funding Program process. The completed surveys indicated an average satisfaction level of 90%, suggesting that the funding enhanced the recipient's ability to participate, in a meaningful way, in the EA.
The Agency provides high-quality EA training courses that are effective in providing practical skills and knowledge Percentage of course participants who agree that the training given by the Agency was effective in providing practical skills and knowledge 85% of course participants agree that the training given by the Agency was effective in providing practical skills and knowledge Met all
  • The Agency offered 31 training sessions during the reporting period. Of the participants providing feedback, 89% indicated a high overall satisfaction with the course; 82% of respondents rated their satisfaction with the effectiveness of the course in providing practical skills and knowledge between very good (4) and outstanding (6) on a six-point scale. In addition, 97% of the respondents considered their needs met by the training.

Performance Summary and Analysis of Program Activity

The Environmental Assessment Support Program Activity focuses on delivering the Agency's responsibilities under the Canadian Environmental Assessment Act and related policy direction. It aligns most closely with the Agency's strategic priorities to play an active leadership role in federal environmental assessment and to build the capacity and organization to deliver on existing and new responsibilities.

During 2010–2011, these priorities took on new dimensions as amendments to the Canadian Environmental Assessment Act came into force on July 12, 2010. On this date, the Agency became responsible for the conduct of most comprehensive study EAs from the time a project becomes known until the Agency delivers a report to the Minister of the Environment.

The Agency played an active leadership role in federal environmental assessments by:

  • conducting comprehensive studies;
  • managing multi-jurisdictional screenings of major resource projects;
  • managing review panels or co-managing joint review panels;
  • integrating Aboriginal consultation into the environmental assessment process for review panels and those comprehensive studies and major resource projects it leads; and
  • coordinating federal participation in multi-jurisdictional screenings of non-major resource projects.

The Agency enhanced internal capacity through guidance and training development, and updating and implementing organizational changes to support regional operations with a particular emphasis on supporting its new comprehensive study responsibilities and its increasing Aboriginal consultation role.

Managing and Coordinating Environmental Assessments

Delivery of high-quality EAs requires effective and efficient management of the process, including coordination within the federal government and with provincial/territorial and Aboriginal governance partners. The Agency worked with federal authorities and other jurisdictions to develop work plans to avoid duplication and to coordinate EA activities, including environmental impact statement guidelines, public participation, and Aboriginal consultation.

On July 12, 2010, the Agency assumed responsibility for the conduct of 22 ongoing comprehensive studies. Since that time, one of those projects has been referred to a review panel (Marathon—Ontario) and three have been terminated as they no longer have triggers (Direct Shipping Ore—Newfoundland and Labrador, Bevan Groundwater—British Columbia, and Lac-au-Saumon Groundwater—Quebec). As of March 31, 2011, of the 18 comprehensive studies that remain, seven are inactive, pending information from the proponent on the future of the project.

Between July 12, 2010, and March 31, 2011, the Agency began six comprehensive studies:

  • three mines in British Columbia: Schaft Creek, Kitsault, and Central South;
  • two all-weather roads in Saskatchewan: highways 905 and 914; and
  • one mine in New Brunswick: Elmtree.

In addition, the Agency continued to play a lead role in the completion of four comprehensive studies that were not affected by the July 2010 amendments and to support the Canadian Nuclear Safety Commission as required on five comprehensive studies it is conducting.

During the reporting period, the Agency undertook a coordination role in the EA of 207 projects. These included 41 new projects (13 comprehensive studies, 3 review panels, and 25 screenings), and ongoing assessments that carried over from the previous year. Two comprehensive studies and one review panel were completed or terminated.

The Agency provided support to 12 projects subject to environmental assessment by a review panel. This support ranged from review panel public hearings, such as the Prosperity Gold-Copper Mine (for which the government announced a decision in November 2010) and the Joslyn North Mine, to providing advice to the Minister of the Environment on referring the Marathon Platinum Group Metals and Copper Mine and the Pierre River Mine and Jackpine Mine Expansion projects to review by panel. To deliver a high-quality EA in an efficient manner, 10 of these review panels are or will be conducted jointly with another jurisdiction or regulatory body. For example, joint review panels are being undertaken with the Canadian Nuclear Safety Commission, the National Energy Board, and the governments of Alberta and Newfoundland and Labrador. In addition, the Environmental Impact Review Board process managed under the Inuvialuit land claim agreement was substituted for the federal review panel process for the proposed Inuvik to Tuktoyaktuk Highway project in the Northwest Territories.

Aboriginal Consultation

The 2007 Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects and its memorandum of understanding gave the Agency responsibility to integrate, to the greatest extent possible, Aboriginal–Crown consultation into the environmental assessments of the major resource projects it leads. With the amendments to the Act in July 2010, the Agency, on a policy basis, also assumed that role for all comprehensive studies it conducts. As Crown consultation coordinator, the Agency initiated early engagement with Aboriginal groups, developed consultation plans, coordinated consultation activities, and summarized the outcomes of consultation for decision makers.

The Agency, through the Aboriginal Funding Envelope (AFE) of the Participant Funding Program, provided $1.9 million to 67 recipients to support Aboriginal consultation and participation in the environmental assessments of 13 projects.

Canada, British Columbia, and the Nisga'a Lisims Government are working together to implement the environmental assessment chapter of the Nisga'a Final Agreement in the context of several major resource projects. As part of this work, the parties are collaborating in the development of a socio-economic and cultural well-being assessment for the Kerr-Sulphurets-Mitchell and Kitsault Mining projects, with the goals of fulfilling treaty commitments and supporting the long-term economic development of northwest British Columbia.

The Agency and the Government of Alberta have developed federal–provincial collaboration procedures for Aboriginal consultation associated with major projects requiring environmental assessments. To date, implementation of the two-year work plan for this initiative by the Agency's Alberta and Northwest Territories regional office and Alberta Environment has resulted in common early notification criteria and consultation plans. Encouraged by the efficiency of this approach, other federal departments, including Aboriginal Affairs and Northern Development Canada, are using the procedures to inform delivery and coordination of Aboriginal consultation activities. The Agency has also created a federal regulatory consultation working group to share the experiences of Aboriginal consultation practitioners and develop common tools and methods for consultation with Aboriginal people in Alberta.

In Quebec, the Agency and the James Bay Cree First Nation developed an approach to support the participation of the Cree in the environmental assessment process under the Act. This initiative was launched following a Supreme Court of Canada decision clarifying the application of the Canadian Environmental Assessment Act in the James Bay and Northern Quebec Agreement territory.

The Agency has worked with the Assembly of First Nations Chiefs of New Brunswick to encourage development of a new approach to consultation with First Nations. An Assembly consultation committee representing 13 of the 15 New Brunswick First Nations has been established via a resolution signed by the chiefs, and is working with the Crown as part of the Elmtree Gold Mine and Sisson Brook comprehensive studies.

Through the Atlantic Aboriginal Consultation Practitioners forum, an Agency-led working group is examining approaches to sharing information among federal and provincial departments. An Aboriginal consultation information sharing website houses guidance material, Aboriginal group contact information, and background information on Aboriginal groups in Atlantic Canada.

The Agency has worked with the Government of Newfoundland and Labrador, along with potentially impacted Aboriginal groups, to develop a harmonized environmental assessment process and a joint federal–provincial consultation plan for the Lower Churchill Generation project and the Labrador–Island Transmission Link project. Collectively, the harmonized EA processes and whole-of-government approaches to consultation are intended to provide clarity, process certainty, and efficiency to both Aboriginal groups and governments.

Public Participation

The Agency sought to maximize public participation in the environmental assessment process, by emphasizing transparency and information sharing. The Agency provided nearly $300,000 in participant funding to 35 recipients, including individuals, non-profit organizations, and Aboriginal groups to take part in 15 projects. The Participant Funding Program continues to implement a client satisfaction survey to collect quantitative and qualitative information on whether the objectives of the program are being met.

The Agency maintained the Canadian Environmental Assessment Registry Internet site (CEARIS), which facilitates public access to information and records about environmental assessments that are being conducted under the Canadian Environmental Assessment Act. During 2010–2011, nearly 5500 environmental assessments were entered into the online registry and over 100 000 users visited CEARIS. Agency staff regularly responded to public requests for information and records.

Joint review panel public hearings were completed on the Joslyn North Mine, the Darlington New Nuclear Power Plant, and the Lower Churchill Hydroelectric Generation projects. A decision was announced on the Prosperity Gold-Copper Mine. The Agency and the National Energy Board conducted information sessions on the Northern Gateway Pipeline project.

Opportunities to provide comments on the project and the comprehensive study, or to participate in the comprehensive study, were provided for each of the 18 active comprehensive studies conducted by the Agency.

Working with Partners and Stakeholders

The Agency worked with other jurisdictions and stakeholders to harmonize EA processes for a wide range of projects across Canada. The following examples show how the Agency has contributed to the streamlining of regulatory processes while ensuring federal EA requirements are met.

The British Columbia Environmental Assessment Office, further to delegation as per section 17(1) of the Act, proceeded with the EA of the Northwest Transmission Line project. Key Agency actions to support and learn from these experiences included establishing a governance approach for the delegated process, coordinating federal consultation for the Northwest Transmission Line project, and managing an initial third party evaluation of the delegation experience to date.

The Raven Underground Coal project has been the subject of a high degree of public interest since the beginning of the comprehensive study in May 2010. The Agency and the British Columbia Environmental Assessment Office work closely to ensure that the cooperative EA of the project proceeds in an efficient and effective manner. This has included collaborating on joint environmental impact statement guidelines (known provincially as application information requirements) and applying an innovative approach to public consultation to address the needs of local communities while meeting the requirements of federal and provincial legislation. The environmental assessment for this project is ongoing.

The Agency and Alberta Environment are working collaboratively to develop tools that will improve the efficiency and effectiveness of the EA process and enhance alignment between the two jurisdictions. Tools developed to date include:

  • joint federal–provincial project disclosure guidelines that provide proponents with a single source of information when disclosing a project to regulators; and
  • joint federal–provincial public notices that meet the provincial proposed terms of reference notice requirements and provide the first public participation opportunity under the federal comprehensive study process. Alignment at this stage prevents process duplication and reduces stakeholder consultation fatigue.

In the Agency's Prairie Region, there has been a continuation of cooperation in environmental assessment matters that was initiated during the 1990s, renewed in 2000, and again in 2005. With the Agency's expanded role in federal environmental assessment, new cooperative initiatives involving Aboriginal consultation relating to the regulatory reviews of large resource development projects are being tested.

An example of the emerging approaches is the cooperative consultation exercise for the Star Orion South Diamond Project in central Saskatchewan. Lessons learned over the years of cooperation with provincial partners are being applied to consultation. As is the case in the context of a cooperative environmental assessment, the necessary consultation with several affected First Nations and the Métis is being led by the officials in Saskatchewan's Aboriginal Affairs Branch with the support and participation of the appropriate federal authorities.

In Ontario, the Agency has worked with the Ontario Ministry of the Environment toward the establishment of a joint review panel for the Marathon Platinum Group Metals and Copper Mine project. This would be the first joint review panel established under the Act between the federal government and Ontario.

The Atlantic regional office coordinated federal and Prince Edward Island authorities involved in the EA for the Charlottetown Convention Centre project. This included Aboriginal and public consultation and the development of terms of reference, draft and final EA reports, an environmental protection plan, and a habitat compensation plan. The EA began in November 2010, and provincial and federal decisions were posted in March 2011.

Training and Guidance

The Agency focused on enhancing its capacity to deliver its new responsibility for conducting comprehensive studies and to further integrate Aboriginal consultation into the EA process. The Agency also delivered training and advice on environmental assessments to the federal community and other interested parties through courses, such as Orientation to the Canadian Environmental Assessment Act and Screenings under the Canadian Environmental Assessment Act. During the reporting period, 31 training sessions were offered to 562 participants.

The Agency developed an Aboriginal consultation practitioner guide and updated its training package on Aboriginal consultation for delivery to the federal community. This training was coordinated with Aboriginal Affairs and Northern Development Canada and Department of Justice courses on the Government of Canada's Aboriginal Consultation and Accommodation: Interim Guidelines for Federal Officials to Fulfill the Legal Duty to Consult (2008). The Agency's early experience with integrating Aboriginal consultation in EA also identified the need for more detailed advice and guidance leading, for example, to a set of internal guidelines on the breadth and depth of consultation.

The Agency also provided instruments and services to its staff to support the conduct of comprehensive studies and the delivery of high-quality EAs. Introductory training on the amendments to the Act was provided to Agency employees in the summer of 2010, and the Process Guide on Comprehensive Studies was revised to provide employees with a practitioner's guide.

An intranet site was developed to provide Agency staff with visual, user-friendly access to a range of materials to support their day-to-day work, build capacity, and contribute to the efficient and effective delivery of the Agency's responsibilities. It will house knowledge-based reports, guidance instruments that support the delivery of Aboriginal consultation and high-quality EAs, and specialized training material.

Program Activity: Internal Services

Program Activity Description

Internal Services groups related activities and resources to support the needs of programs and other corporate obligations of the Agency. This includes Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; the Access to Information and Privacy Office; Real Property Services; Material Management Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services includes activities and resources that apply across an organization, not those provided specifically to a program.


2010–2011 Financial Resources ($ thousands)
Planned Spending Total Authorities Actual Spending
7,700 10,058 10,006


2010–2011 Human Resources (FTEs)
Planned Actual Difference
61 59 -2

Performance Summary and Analysis of Program Activity

Internal Services supports the operating programs and activities of the Agency and includes many administrative activities performed outside program areas that are not otherwise allocated as program support.

The Agency's Internal Services supports core program activities by providing modern, timely, and responsive services that are effective and efficient.

Key Highlights

Communications Services

Communications Division provides advice and support to the Agency and the Minister of the Environment on external announcements and issues, corporate communications, and language services in support of the Agency's mandate.

During 2010–2011, the Division provided communications advice and support on numerous policy initiatives. In addition, significant effort was directed in designing and delivering public information in support of the Agency's enhanced public consultation mandate for comprehensive studies. Communications advisors also assisted panel managers in the delivery of information sessions and public hearings, including on-site attendance and media relations services for review panels.

Human Resources Management Services

The Human Resources (HR) Division ensures that the necessary strategies, programs, practices, and tools are in place to attract and retain the employees required to deliver the Agency's strategic priorities.

In 2010–2011, the Agency implemented the Integrated HR Plan (IHRP) that establishes objectives and strategies for the 2010–2013 period. Further to the review of its strategic priorities, the Agency reconfirmed its three HR management objectives.

Strategies were implemented to improve the effectiveness and efficiency of staffing and creating new positions. For example, the Agency led three collective staffing processes to establish a pool of qualified candidates for positions that have historically created a heavy staffing workload. In addition, the Agency implemented revised generic work descriptions for all AS-01 administrative officer positions across the organization.

As the Agency's responsibilities have increased, the importance of employees not only providing honest and impartial advice but also being seen doing so, has increased. Mandatory half-day sessions on values and ethics were delivered to Agency staff with the initial focus on the Operations Sector, where employees are on the leading edge of interactions with proponents, the public, and other parties with strong interests in the outcome of the environmental assessment process.

Information Management and Information Technology Services

During 2010–2011, the Agency focused on deploying the Government of Canada standards-based Electronic Document and Records Management System. The solution is referenced internally to the Agency as InfoZONE, based on the OpenText Content Server (Livelink 9.7.1) solution.

This system will be the Agency's sole repository for Agency information. The migration of shared drives, email systems, regional electronic storage systems, and physical records management started in February 2010. At fiscal year end, the project was estimated as being 75% complete. It is projected to be completed by March 2012.

The InfoZONE Team (employees from the Information Management and Information Technology units) is responsible for the Agency's migration to InfoZONE. The Team assists each work unit in the creation of its own file structure, organizes the migration to InfoZONE, and provides training about information management and using InfoZONE.

In 2010–2011, the Agency's Access to Information and Privacy Office continued improving its response times. The Agency's renewed procedures and ongoing training were key factors in this success.

Other Administrative Services

The Agency developed a plan to implement new Treasury Board policies, including internal control, transfer payments, investment planning, and financial management governance, to improve its internal control framework. This includes continued capacity building on financial, material, and risk management to strengthen financial management stewardship, oversight, transparency, and accountability.

As an integral part of the plan, the Agency reviewed and instituted specific internal service improvements to enhance delivery to program managers. In an effort to reduce a multiplicity of rules, corporate policy instruments were reviewed, simplified, and consolidated where feasible and—where required—new policy instruments were introduced throughout the year.

Also, the procurement planning and contract review functions were strengthened in 2010. An oversight committee was established to ensure that procurement aligns with the plans, investments, and priorities of the Agency. The oversight committee reviews and monitors ongoing contracting activities and approves strategies when there is a degree of risk associated with Treasury Board regulations, policies, and legislation.

During the year, the Agency completed its corporate risk profile 2010–2013, an integral part of the annual strategic planning exercise. An Agency risk action plan was also developed to ensure appropriate response strategies are in place for the risks identified.

Benefits for Canadians

Internal Services contributes to the efficient and effective delivery of Agency programs by providing support services, expertise, and advice to enable informed decision making.