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Minister's Message
As Minister responsible for the Canadian Environmental Assessment Agency, I am pleased to present the 2009-2010 Report on Plans and Priorities for the Agency.
The Government of Canada recognizes that a healthy economy and a healthy environment are interdependent objectives that must be pursued in a balanced manner for the benefit of present and future generations of Canadians.
To gain a better appreciation of our objectives and direction, I encourage parliamentarians and Canadians to read the 2009-2010 Report on Plans and Priorities for the Canadian Environmental Assessment Agency.
_____________________________________________
The Honourable Jim Prentice, P.C., Q.C., M.P.
Minister of the Environment and Minister responsible for the
Canadian Environmental Assessment Agency
Section 1: Agency Overview
In this section:
1.1 Summary Information
Raison d'être
| The Canadian Environmental Assessment Agency provides leadership and serves as the centre of expertise for federal environmental assessment. The Agency's mandate is to provide Canadians with high-quality environmental assessments that contribute to informed decision making in support of sustainable development. |
Responsibilities
Led by the President, who reports directly to the Minister of the Environment, the Canadian Environmental Assessment Agency (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, including the Sub-Agreement on Environmental Assessment, 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's 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 processes 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 and its Memorandum of Understanding. The Agency provides advice and guidance on the Directive's expectations, and leads interdepartmental efforts to advance the Directive's goal of delivering high-quality environmental assessments in a predictable, certain and timely manner.
The Agency is responsible for managing the federal environmental assessment process for most major resource projects and for integrating the Government of Canada's Aboriginal engagement and consultation activities into the environmental assessment process for 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.
Strategic Outcome
In order to effectively pursue its mandate, the Agency aims to achieve the following strategic outcome:
| Environmental considerations are taken into account in federal government decisions respecting policies, plans, programs and projects. |
Program Activity Architecture
The chart below illustrates the Agency's framework of program activities which contribute to its Strategic Outcome.
Program Activity Architecture: Long Description
1.2 Planning Summary
Financial Resources
The financial resources table below provides a summary of the total planned spending for the Agency for the next three fiscal years.
| Financial Resources | 2009-2010 | 2010-2011 | 2011-2012 |
|---|---|---|---|
| ($ thousands) | 32,049 | 27,431 | 26,931 |
Human Resources
The human resources table below provides a summary of the total planned human resources for the Agency for the next three fiscal years.
| Human Resources | 2009-2010 | 2010-2011 | 2011-2012 |
|---|---|---|---|
| Full Time Equivalents (FTEs) | 244 | 231 | 231 |
|
Strategic Outcome:
Environmental considerations are taken into account in federal government decisions respecting policies, plans, programs and projects. |
Alignment to Government of Canada Outcomes:
Strong economic growth |
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| Performance Indicators | Targets | ||||
|
|
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| Program Activity | Expected Results | Forecast Spending ($ thousands) | Planned Spending ($ thousands) | ||
| 2008-2009 | 2009-2010 | 2010-2011 | 2011-2012 | ||
| Environmental Assessment Development Program |
|
4,350 | 3,887 | 3,678 | 3,678 |
| Environmental Assessment Support Program |
|
19,206 | 20,653 | 16,254 | 15,714 |
| Total Planned Spending | 24,540 | 19,932 | 19,392 | ||
The above table does not include spending for Internal Services.
Contribution of Priorities to Strategic Outcome
| Operational Priorities | Type | Description |
|---|---|---|
| 1. Build a Framework for More Integrated Environmental Assessment | Ongoing | In order to foster a more effective, efficient, predictable and timely environmental assessment process for Canadians, the Agency will continue to consult and work with its federal partners, provinces and territories, and stakeholders; define policy direction; develop cooperative environmental assessment arrangements; provide guidance on federal environmental assessment; pursue regulatory improvements; and lay the groundwork for legislative reform. |
| 2. Play an Active Leadership Role in Federal Environmental Assessment | Ongoing | Timely, high quality environmental assessments help ensure environmental considerations are taken into account in federal decision making. Through playing an active leadership role, the Agency will implement approaches that enhance efficiency and consistency in the delivery of federal environmental assessment and facilitate predictable management of the process. Agency leadership will help ensure the successful implementation of the Government's initiative to improve the regulatory process for major resource projects, including fulfillment of associated requirements for Aboriginal consultation. As well, Agency leadership will enhance collaboration and cooperation with other jurisdictions. |
| 3. Build Capacity and Organization to Deliver on Existing and New Responsibilities | Ongoing | The Agency will continue its efforts to build and maintain an organization that can deliver the broader environmental assessment mandate entrusted to it in the 2007 Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects. This will require ensuring new staff are successfully integrated into the organization and continued investment in employee training and development. |
Risk Analysis
Overview of the Operating Environment
The Government recognizes that prosperity cannot be sustained without a healthy environment. The federal environmental assessment process, at both the strategic and project level, is a key tool for ensuring that while Canada strives to maintain a healthy economy, it also protects the Canadian environment.
Responding to Changes in the Canadian Economy
The economic expansion of recent years, driven by high prices for energy and metals, resulted in a significant increase in the number of resource sector projects. While the current economic downturn may result in relatively fewer projects of this kind in the near term, there will be increased investment in public sector infrastructure projects.
The Agency will be an active partner in improving the performance of the regulatory system for public infrastructure and major resource projects, in particular with respect to more effective and efficient environmental assessments. It will actively investigate and develop innovative ways to ensure environmental considerations are taken into account in federal decision making and that federal environmental assessment is applied in a way to maximize benefits to Canadians. Integrating environmental considerations in planning and decision-making processes in a manner that promotes sustainable development will be at the root of these efforts.
Regulatory Improvement Initiative for Major Resource Projects
The Government has made big strides in improving regulatory system capacity and processes for major resource projects. Much of the Agency's focus has been on putting in place the organizational structure, tools and people necessary to deliver its commitments towards this initiative. The Agency is now turning towards implementation and is assuming a more comprehensive leadership role in the management of the environmental assessment process for most major resource projects. The Agency is continuing to develop its capacity to deliver on its expanded responsibilities while working collaboratively with the Major Projects Management Office and other federal departments to ensure the overall success of this initiative.
Integrating Consultation with Aboriginal Groups into Environmental Assessment Processes
The Crown may have a duty to consult and, if appropriate, accommodate Aboriginal groups when it contemplates conduct that may adversely impact potential or established Aboriginal or treaty rights. 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 leading the integration of Aboriginal-Crown consultation into the environmental assessments it manages under this initiative and for all review panel processes.
Streamlining Federal Approval of Infrastructure Projects
As the Government intends to expedite the funding of public infrastructure as a means to stimulate the Canadian economy in the context of the current economic slow down, all aspects of the overall federal review and approval process for these projects, including environmental assessment, have to be reconsidered. The Agency works closely with other federal authorities in support of this important Government commitment.
The development of these short term sector-specific initiatives highlights the fact that the current federal environmental assessment legislative framework may not be optimal for maintaining a healthy economy while protecting the environment. Over the coming months, the Agency will identify options to improve the legislative framework to ensure it is well aligned with this important objective.
Managing the Environmental Assessment Process
Protecting the environment while securing a strong economy and prosperity for Canadians is an important challenge. Environmental assessment under the Canadian Environmental Assessment Act responds to this challenge by ensuring that the potential environmental effects of development proposals are carefully considered in the federal decision-making process. More specifically, federal authorities must complete an environmental assessment before they:
- begin construction of their own proposed projects, such as national defence facilities;
- provide financial support for projects proposed by other parties, such as municipal infrastructure projects;
- make federal land available for a project, such as to build an access road to a gas field across federal lands; or
- issue certain approvals required for a project to go forward, such as authorizing temporary disturbance of a stream to allow construction of a road.
In addition, federal policies, plans and programs are subject to strategic environmental assessment under the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. The Agency continues to lead the government's efforts to explore means of improving the contribution of strategic environmental assessment and strengthening its relationship to project-level assessments and regulatory decision making.
The following activities illustrate some of the risks the Agency faces in the delivery of its mandate and responsibilities.
Coordinating Shared Environmental Management Responsibilities
Under the Canadian Constitution, environmental management has emerged as an area of shared jurisdiction between the federal and provincial governments. Many projects, including major resource projects, are subject to both federal and provincial, territorial or Aboriginal, environmental assessment requirements.
In addition, federal environmental assessment legislation is based on the principle of self-assessment, which means that several federal authorities may have environmental assessment responsibilities in relation to the same project. As a result, coordinating the federal requirements is a challenge which calls for strong leadership and management.
To minimize duplication and delays, the Agency works with provinces and territories to undertake cooperative environmental assessments and promote consistent and predictable environmental assessment across Canada. Under the Act, the Agency acts as federal environmental assessment coordinator (FEAC) for the environmental assessment of certain large-scale and multi-jurisdictional projects. The Agency also acts as environmental assessment manager for the review of most major resource projects.
Considering Diverse Views and Interests
Projects subject to environmental assessment often raise many sensitive issues and competing interests related to economic development, community and public expectations, environmental protection, concerns of Aboriginal groups, and federal-provincial-territorial relations. Considering the issues and addressing the underlying 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.
To address this challenge, the Agency works to coordinate and facilitate meaningful opportunities for all potentially affected parties to participate in the environmental assessment process. This includes the provision of funding to Aboriginal groups and the public to support their participation in the review of large-scale projects.
Expenditure Profile
Spending Trend: Long Description
For the 2009-2010 fiscal year, the Agency plans to spend its $32M authority to achieve the expected results of its program activities and contribute to its strategic outcome.
For the 2005-2006 to 2008-2009 periods, total spending includes all Parliamentary appropriation and revenue sources. It also includes carry forward adjustments. For the 2009-2010 to 2011-2012 periods, the total spending corresponds to planned spending and revenues. Supplementary funding and carry forward adjustments are unknown at this point and therefore are not reflected.
As a result of the Budget 2007 initiative to improve Canada's regulatory framework for major resources projects, the Agency has increased its spending trend. The Agency was also granted funding for review panel support as well as to address the Aboriginal consultations for environmental assessment programs, which are scheduled to sunset by 2009-2010 and 2010-2011 respectively.
Voted and Statutory Items
This table illustrates the way in which Parliament approved Agency resources and how funds are allocated.
| Vote or Statutory Item (S) | Vote or Statutory Wording | 2008-2009 Main Estimates ($ thousands) | 2009-2010 Main Estimates ($ thousands) |
|---|---|---|---|
| 15 | Program expenditures | 31,514 | 29,199 |
| (S) | Contributions to employee benefit plans | 2,942 | 2,850 |
| Total | 34,456 | 32,049 |
The decrease in Main Estimates funding from 2008-2009 to 2009-2010 is due to the sunset of the temporary portion of the funding received to improve the performance of the regulatory system for major resources projects as well as the sunset of the funding received for the Aboriginal consultations for review panel environmental assessment processes.