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Overview

In this section:

 

Minister's Message

I am pleased to present the Canadian Environmental Assessment Agency's 2008-2009 Report on Plans and Priorities. This report outlines the Agency's key plans, priorities and expected results for Canadians over the next three years.

Each year, approximately 10,000 environmental assessments are conducted under the Canadian Environmental Assessment Act to ensure that environmental effects are considered before decisions are taken that would allow projects to proceed. The Agency leads the federal environmental assessment process by providing advice, training, guidance and coordination.

To achieve these goals, the Agency will continue to focus on three key priorities: building a framework for more integrated environmental assessment, playing an active leadership role in federal environmental assessment, and building the capacity and organization to deliver on existing and new responsibilities.

To advance these key priorities, the Agency promotes an integrated, project-management approach to environmental assessments. It provides Canadians with relevant information about the federal environmental assessment process and ensures the public has access to key information about environmental assessments.

By embracing innovative approaches for addressing new and existing challenges, I am confident the Agency will continue to lead efforts to ensure that Canada has a progressive and robust federal environmental assessment framework well into the future.

It pleases me, therefore, to submit the Agency's 2008-2009 Report on Plans and Priorities.

 

_____________________________________________

John Baird, P.C., M.P.

Minister of the Environment and Minister responsible for the
Canadian Environmental Assessment Agency

 

Management Representation Statement

I submit for tabling in Parliament, the 2008-2009 Report on Plans and Priorities (RPP) for the Canadian Environmental Assessment Agency.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2008-09 Estimates: Reports on Plans and Priorities and Departmental Performance Reports.

  • it adheres to the specific reporting requirements outlined in the Treasury Board of Canada Secretariat guidance;
  • it is based on the department's strategic outcome and Program Activity Architecture that were approved by the Treasury Board;
  • it presents consistent, comprehensive, balanced, and reliable information;
  • it provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
  • it reports finances based on approved planned spending numbers from the Treasury Board of Canada Secretariat.

 

______________________________

Peter Sylvester

President

 

Raison d'être

The Canadian Environmental Assessment Agency (the Agency) provides leadership and serves as the centre of expertise for federal environmental assessment processes. The Agency's mandate is to provide Canadians with high-quality environmental assessments that contribute to informed decision making in support of sustainable development.

Led by the President, who reports directly to the Minister of the Environment, the Agency delivers its mandate within the framework of the following instruments:

  • the Canadian Environmental Assessment Act (the Act) and its accompanying regulations;
  • the Canada-Wide Accord on Environmental Harmonization and bilateral agreements with provincial governments that establish arrangements for cooperative environmental assessments; and
  • international agreements containing environmental assessment provisions to which Canada is a party, principally the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary Context.

Consistent with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, the Agency also supports the Minister of the Environment in promoting the application of environmental assessment in strategic-level decision making by providing training and guidance to federal authorities.

As well, the Agency works with federal authorities on the application of the Cabinet Directive on Implementation of the Canadian Environmental Assessment Act. The Agency provides advice and guidance on the Directive's expectations, and leads interdepartmental efforts to advance the Directive's goals of delivering high-quality environmental assessments in a predictable, certain and timely manner.

The Agency is responsible for leading the federal environmental assessment process for most major natural resource projects and for coordinating the Government of Canada's Aboriginal engagement and consultation activities with these projects as mandated under the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects and its Memorandum of Understanding.

The President of the Agency has been designated by order-in-council as the federal administrator of the environmental and social protection regimes set out in chapters 22 and 23 of the 1975 James Bay and Northern Quebec Agreement.

Organizational Information

A strategic outcome defines the work of the Agency: "Environmental considerations are taken into account in federal government decisions respecting policies, plans, programs and projects." The Agency's program activities consist of the Environmental Assessment Development Program overseen by the Vice-President of Policy Development and the Environmental Assessment Support Program managed by the Vice-President of Program Delivery.


Table 1: Program Activity Architecture (PAA) Crosswalk
2007-2008 2008-2009
Program Activity Environmental Assessment Development Program Environmental Assessment Support Program Total ($000s)
Efficient and Effective Environmental Assessment $5,956 $28,500 $34,456

 


Table 2: Voted and Statutory Items Displayed in the Main Estimates ($000s)
Vote or Statutory Item Truncated Vote or Statutory Wording 2008-2009 Main Estimates 2007-2008 Main Estimates
15 Program expenditures 31,514 14,844
(S) Contributions to employee benefit plans 2,942 1,696
  Total Agency 34,456 16,540

 

The increase in the Main Estimates funding from 2007-08 to 2008-09 is mainly a result of the Budget 2007 announcement establishing an initiative to improve Canada's regulatory framework for major natural resource projects. The Agency also received funding to address Aboriginal consultations for environmental assessment processes, as well as for review panel support and for the evaluation of the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals.

 


Table 3: Departmental Planned Spending and Full-Time Equivalents ($000s)
($ thousands) Forecast Spending 2007-2008 Planned Spending 2008-2009 Planned Spending 2009-2010 Planned Spending 2010-2011
Effective and Efficient Environmental Assessment 20,041      
Environmental Assessment Development Program   5,956 5,209 5,073
Environmental Assessment Support Program   36,501 33,832 29,726
Budgetary Main Estimates (gross) 20,041 42,457 39,041 34,799
Less: Respendable revenue (3,501) (8,001) (8,001) (8,001)
Total Main Estimates 16,540 34,456 31,040 26,798
Adjustments
Supplementary estimates
Improve the performance of the regulatory system for Major Resource Projects 5,486      
Review panel support and evaluation of Cabinet Directive on Environmental Assessment 1,870      
Aboriginal Consultations for environmental assessment processes 767      
Federal Accountability Act — Evaluation of contribution programs 91      
James Bay and Northern Quebec Agreement 72      
Cabinet Directive on Streamlining Regulation 59      
Transfer from Environment Canada for salary adjustment 37      
Compensation for collective agreements 177      
Total adjustments 8,559 0 0 0
Total Planned Spending 25,099 34,456 31,040 26,798
Less: Non-respendable revenue
Plus: Cost of services received without charge 3,541 3,926 3,954 3,863
Total Departmental Spending 28,640 38,382 34,994 30,661
Full-Time Equivalents 177 248 244 231

 

The funding change in total planned spending over the planning horizon is mainly a result of the Budget 2007 announcement establishing an initiative to improve Canada's regulatory framework for major natural resource projects. The funding changes are also the result of the approval of temporary funding for Aboriginal consultations for environmental assessment processes, as well as for review panel support and for the evaluation of the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, which will respectively sunset in 2009-2010 and 2010-2011.

 

Table 4: Summary Information


Financial Resources ($000s)
2008-2009 2009-2010 2010-2011
34,456 31,040 26,798

 


Human Resources (FTEs)
2008-2009 2009-2010 2010-2011
248 244 231

 


Departmental Priorities
Name Type
1. Build a framework for more integrated environmental assessment Ongoing
2. Play an active leadership role in federal environmental assessment Ongoing
3. Build the capacity and organization to deliver on existing and new responsibilities Ongoing

 


Table 5: Program Activities by Strategic Outcome
  Planned Spending ($000s)  
  Expected Results 2008-2009 2009-2010 2010-2011 Contributes to the Following Priorities
Strategic Outcome Environmental considerations are taken into account in federal government decisions respecting policies, plans, programs and projects. 1, 2 and 3
Environmental Assessment Development Program See the section Environmental Assessment Development Program 5,956 5,209 5,073 1 and 2
Environmental Assessment Support Program See the section Environmental Assessment Support Program 28,500 25,831 21,725 2 and 3

 

Agency Operating Environment and Challenges

Protecting the environment, while continuing to build a strong economy and improving quality of life for Canadians, is an important challenge. Environmental assessment responds to this challenge by ensuring environmental effects are considered before decisions are taken that would allow policies, plans, programs or projects to proceed.

Under the Act, responsible authorities (federal departments and agencies, and parent Crown Corporations) must undertake an environmental assessment before they:

  • carry out a project;
  • provide financial assistance to enable a project to be carried out;
  • sell, lease or otherwise transfer control or administration of land to enable a project to be undertaken; or
  • issue certain authorizations to enable a project to go forward.

Each year, approximately 10,000 environmental assessments are conducted under the Act. Since the Act came into effect in 1995, over 70,000 projects have been assessed.

Projects subject to environmental assessment under the Act or policies, plans and programs subject to strategic environmental assessment under the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals often raise important issues associated with socio-economic development, environmental protection, Aboriginal concerns and federal-provincial/territorial cooperation. Environmental assessment must continually adapt to emerging trends, such as new scientific methods and insights or evolving public expectations and jurisprudence.

The following provides an overview of the issues and challenges the Agency faces in delivering its key programs.

 

Shared Environmental Management Responsibility

Under the Canadian Constitution, responsibility for environmental management is an area of shared jurisdiction among various levels of government. To minimize duplication and delays in the conduct of environmental assessments, the Agency works with provinces and territories to bring about greater cooperation in environmental assessment and promote the consistent and predictable application of environmental assessment across Canada. This shared environmental management responsibility is realized by implementing or renewing bilateral agreements, and working with provinces and territories on initiatives, including project-specific arrangements to improve the coordinated delivery of environmental assessment.

Major Projects Management Office

The Government of Canada is committed to addressing the challenges facing the federal regulatory system for major resource projects to ensure a more timely and efficient process and help improve Canada's competitiveness. The Major Projects Management Office (MPMO) is being established by Natural Resources Canada to improve the performance of the federal regulatory system for major natural resource projects, in collaboration with other federal departments and agencies, including the Agency.

Under the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects (October 2007) and its Memorandum of Understanding, the Agency will now assume a more comprehensive leadership role, beyond its responsibilities as the Federal Environmental Assessment Coordinator, in the delivery of the environmental assessment for most major natural resource projects. The Agency will assume this role on behalf of the responsible authorities, while not limiting their accountability under the Act.

Integrating Competing Interests

Projects subject to environmental assessment often give rise to many sensitive issues related to development, community and public expectations, environmental protection, Aboriginal concerns and federal-provincial relations. Projects being assessed can often be complex, with competing interests. Integrating these interests while maintaining productive relationships and delivering high-quality assessments that meet the expectations of Canadians, in a timely and predictable manner, is an ongoing challenge.

Strength of the Canadian Economy

The number of environmental assessments required pursuant to the Act is in large part a function of the strength of our economy. The expansion of the Canadian economy has led to a more than 50 percent increase in major projects subject to review under the Act in the past year alone and another 20 percent increase is predicted for the natural resource sector in the near future. The delivery of timely and effective environmental assessments in the face of this increase in development activity is an ongoing challenge.

Aboriginal Consultation

The recognition of Aboriginal self-government and the development of land claim agreements have reshaped environmental assessment in many regions of Canada. The Agency is working with Aboriginal groups and Indian and Northern Affairs Canada to ensure that environmental assessment regimes developed under these comprehensive land claims, self-government agreements and sectoral arrangements meet key environmental assessment requirements and take into account specific Aboriginal concerns.

Consistent with legislative changes introduced in 2003 through Bill C-9, An Act to amend the Canadian Environmental Assessment Act, the Agency is also considering how best to engage Aboriginal peoples and consider their concerns with respect to policy issues related to the Act.

The Supreme Court of Canada has established that the Crown - federal and provincial - may have the duty to consult, and possibly accommodate, Aboriginal peoples where it contemplates conduct that may adversely impact potential or established Aboriginal or treaty rights.

As part of the initiative to coordinate and streamline the entire regulatory process for major natural resource projects, the Government of Canada has set out responsibilities under the Memorandum of Understanding to the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects regarding Aboriginal consultation. Specifically, the Agency has responsibility for integrating Aboriginal-Crown consultation into the environmental assessments it coordinates under this initiative and for review panel and joint review panel processes.

Improved Federal Policy Development

The Agency is a strong advocate for the application of strategic environmental assessment (SEA) as a tool to support integrated decision making. Governments around the world are coming to recognize the potential of SEA to advance sustainable decision making. In Canada, the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals sets out the expectations of federal departments and agencies for SEA. In its role of promoting full implementation of the Directive, the Agency will continue to provide training, develop guidance, advocate application of SEA, and provide advice and support to departments and agencies as needed. The Agency will also continue to monitor national and international developments in the field including the emerging interest in regionally focused environmental assessment. The Agency will provide leadership in advancing SEA by supporting the work of a multi-stakeholder advisory committee examining ways of improving SEA and by managing a comprehensive evaluation of the Directive.

International Community

International partnerships give Canada the opportunity to share environmental assessment expertise and, at the same time, access the research being undertaken in other countries. Keeping in step with the environmental initiatives of international organizations and other countries also helps to ensure the competitive position of Canadian developers. As a party to the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary Context, Canada is required to meet the obligations that it subscribed to under the Convention.

 

Stakeholders and Partners

The Agency works with a wide range of stakeholders and develops partnerships to promote sound environmental assessment practices in Canada and abroad. In support of this work, the Agency maintains and supports several mechanisms for receiving advice and consulting with stakeholders and partners. These include the Minister's Regulatory Advisory Committee (multi-stakeholder), the Senior Management Committee on Environmental Assessment (federal departments and agencies) and the Environmental Assessment Administrators Committee (provincial and territorial governments). The Agency is also developing additional mechanisms for consultation with Aboriginal peoples.

The Agency includes the following among its stakeholders and partners.

Federal Departments, Agencies and Crown Corporations

The Agency administers the federal environmental assessment process and assists federal departments, agencies and Crown corporations in meeting their obligations under the Act. Through its operational policies and procedures, the Agency improves the way in which environmental assessments are conducted at the federal level. In addition, the Agency works closely with federal departments, agencies and Crown corporations on multi-jurisdictional screenings and comprehensive studies; in providing coordination, administrative and technical support to review panels; and in developing training and guidance material.

Provincial and Territorial Governments

The Agency works closely with other jurisdictions to coordinate federal and provincial environmental assessment activities, such as joint panel review processes for major projects. It also negotiates federal-provincial framework agreements and works with provincial and territorial governments on all types of environmental assessment review processes.

Aboriginal Peoples

The Agency advises Indian and Northern Affairs Canada to ensure that the environmental assessment regimes developed and implemented pursuant to comprehensive land claims agreements, self-government agreements and devolution initiatives are consistent with the requirements of the Act and can be coordinated with existing environmental assessment regimes. The Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects and its Memorandum of Understanding give the Agency new responsibilities as leader in the integration of Aboriginal Crown consultation for the environmental assessments it coordinates. This role will be a major priority for the Agency, both in the coordination of the consultation and the development of related policy.

The Agency actively participates in a senior level interdepartmental policy working group tasked with developing a national action plan for the federal government on the legal duty of consultation with Aboriginal peoples.

Industry/Proponents

Providing the necessary tools, guidance and training to all proponents, including the federal government, is a core business of the Agency. Such tools and guidance enable project proponents to meet the requirements of the Act, increase the quality of assessments and allow for the timely and predictable administration of the Act.

Public and Non-Governmental Organizations

The Act promotes the integration of public values in decision making. Accordingly, the Agency seeks to maximize the public's participation throughout the environmental assessment process and places strong emphasis on transparency and information sharing. The Agency provides participant funding to individuals and non-profit organizations to take part in review panels and comprehensive studies. It also maintains the Canadian Environmental Assessment Registry Internet site, which facilitates access to information about environmental assessments.

 

Agency Plans and Priorities

Beyond established program activities, a specific focus of the Agency's 2008-2009 plans and priorities is to better integrate and streamline federal environmental assessment processes.

The current federal environmental assessment system is largely based on the principle of self-assessment. Consequently, departments and agencies have their own discrete environmental assessment responsibilities to execute, though often in relation to the same project. The resulting decentralized system has some advantages, but it also has significant shortcomings.

In November 2005, the Cabinet Directive on Implementation of the Canadian Environmental Assessment Act took effect. The Directive sets out the expectations of ministers regarding the Agency's leadership role and instructs the Agency and federal authorities on how they should conduct themselves to deliver high-quality environmental assessments in a timely and predictable manner. The Agency has played a critical role in the implementation of this Directive.

Under the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects (October 2007) and its Memorandum of Understanding, the Agency will now lead, above and beyond its duties as the Federal Environmental Assessment Coordinator, the delivery of the environmental assessment for most major natural resource projects. These are resource sector projects that undergo assessment by a review panel, comprehensive study or a complex screening that involves another jurisdiction. The Agency will undertake this role on behalf of responsible authorities who remain accountable under the current self-assessment process set out in the Act.

Under the same Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects (October 2007) and its Memorandum of Understanding, the Agency is developing mechanisms to integrate Aboriginal-Crown consultations into the environmental assessment processes that it coordinates and for review panel and joint review panel processes.

Through the planning period, the Agency will work closely with the newly established Major Projects Management Office of Natural Resources Canada to develop procedures and measures to meet the objectives of both Cabinet directives for effective and timely environmental assessments.

Building on this strengthening of the federal process, the Agency will work with provinces and territories to identify options over the short and medium term to streamline the delivery of cooperative environmental assessments.

The Agency has three priorities over this planning period: build a framework for more integrated environmental assessment, play an active leadership role in federal environmental assessment and build the capacity and organization to deliver on existing and new responsibilities.

 

Build a Framework for More Integrated Environmental Assessment

To foster a more effective, efficient, predictable and timely environmental assessment process for Canadians, the Agency plans to continue its work of:

  • consulting with partner departments and stakeholders, including provinces and territories;
  • defining policy directions;
  • providing guidance on federal environmental assessment;
  • pursuing targeted regulatory improvements;
  • examining options for a revised role and mandate; and
  • if necessary, proposing new or revised legislation.

Play an Active Leadership Role in Federal Environmental Assessment

Stronger Agency leadership will:

  • support more timely and effective environmental assessments;
  • enhance the Agency's credibility;
  • allow it to implement operational approaches that reduce fragmentation; and
  • lay the groundwork for possible legislative improvements.

This includes managing the environmental assessment of most major natural resource projects and integrating Aboriginal-Crown consultations into the environmental assessment process that it manages; continuing to play a strong role as the Federal Environmental Assessment Coordinator for other major resources projects; being a centre of expertise, training, and guidance on emerging issues related to environmental assessment; and introducing improvements to the panel management function.

Build the Capacity and Organization to Deliver on Existing and New Responsibilities

To move ahead on the first two priorities while meeting existing responsibilities, the Agency must actively develop its internal capacity. This will involve:

  • investing in employee development and the tools required to assure leadership and excellence in environmental assessment;
  • integrating a significant number of staff with the required skills to implement the objectives of the two Cabinet directives mentioned above; and
  • undertaking a reorganization of the Agency's structure that optimizes effective delivery of its expanded mandate.

Through these three priorities, the Agency will also show increasing leadership in delivering its regular ongoing key programs to partners and stakeholders. For details on these activities, see the section Analysis of Program Activities by Strategic Outcome.