2009-10
Report on Plans and Priorities

Canadian Environmental Assessment Agency

The original version was signed by
The Honourable Jim Prentice
Minister of the Environment and Minister responsible for the Canadian Environmental Assessment Agency

Table of Contents

Minister's Message

Section 1: Agency Overview

• 1.1 Summary Information
• 1.2 Planning Summary

Section 2: Analysis of Program Activities by Strategic Outcome

• 2.1 Strategic Outcome
• 2.2 Program Activity: Environmental Assessment Development Program
• 2.3 Program Activity: Environmental Assessment Support Program
• 2.4 Program Activity: Internal Services

Section 3: Supplementary Information

• 3.1 Other Electronic Information

Section 4: Other Items of Interest

• 4.1 Contacts for Further Information

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
• 1.2 Planning Summary

1.1 Summary Information

Raison d'être

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:

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.

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.

The above table does not include spending for Internal Services.

Contribution of Priorities to Strategic Outcome

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.

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.

Section 2: Analysis of Program Activities by Strategic Outcome

In this section:

• 2.1 Strategic Outcome
• 2.2 Program Activity: Environmental Assessment Development Program
• 2.3 Program Activity: Environmental Assessment Support Program
• 2.4 Program Activity: Internal Services

2.1 Strategic Outcome

This section describes the expected results of the Agency's program activities and their performance indicators and targets. This section also presents the financial and non-financial resources that will be dedicated to each program activity, a summary of each program's activities, planning highlights and benefits for Canadians.

The programs:

• Environmental Assessment Development Program
• Environmental Assessment Support Program

2.2 Program Activity: Environmental Assessment Development Program

Program Activity Summary

The Environmental Assessment Development Program activity aligns most closely with the Agency's first priority - to build a framework for more integrated environmental assessment. Its aim is to develop, maintain and continuously improve an effective, efficient and integrated environmental assessment process at the federal level which can contribute to the Government's efforts to maintain a secure Canadian economy.

Pursuing these objectives involves consulting with partners and stakeholders; monitoring and evaluating emerging issues and challenges; developing appropriate legislative, regulatory and policy responses to key issues; strengthening environmental assessment coordination; and exploring linkages between different forms of assessment. By establishing and maintaining the policy and legislative foundation for the practice of environmental assessment federally, this program activity also supports the Agency's second priority to take on a leadership role in federal environmental assessment.

In 2009-2010, this program activity will focus on ways in which environmental assessment can contribute to building a more dynamic and sustainable economy. The Agency will identify options to improve the current legislative framework to ensure it is optimal to achieve the important objective of maintaining a healthy economy while protecting the environment. The Agency will engage in discussions with federal and provincial partners and with the Minister of the Environment's multi-stakeholder Regulatory Advisory Committee in developing these options.

Through this program activity, the Agency will also continue to deliver in key areas such as:

• strengthened environmental assessment harmonization and coordination with other jurisdictions;
• strategic environmental assessment (SEA), as was recognized by the External Advisory Committee on Smart Regulation, can play a key role in improving the timeliness of environmental impact assessments by dealing with public policy issues and decisions upfront and not at the project level;
• exploring the role for and opportunities presented by regional environmental assessments particularly in supporting cumulative effects management;
• working collaboratively with foreign governments to share information and best practices, and contribute to the international environmental assessment community via active participation in international committees and conferences;
• supporting the implementation of the horizontal initiative, led by Natural Resources Canada's Major Projects Management Office, aimed at improving the performance of the regulatory system for major resource projects; and
• developing procedures for the environmental assessment component of the regulatory system for major resource projects.

Planning Highlights

In order to achieve the expected results for this program activity, the Agency plans to undertake the following activities:

• In the fall of 2009, the Environmental Assessment Task Group, established under the Canadian Council of Ministers of the Environment (CCME) and co-chaired by the Agency, will present to CCME Ministers, recommended options to streamline environmental assessments for projects subject to provincial, territorial and federal environmental assessment processes. Options will focus on models for achieving the goal of "one project-one assessment", which would allow each jurisdiction to make timely decisions using the same information, and on approaches for conducting regional strategic environmental assessments.
• Concurrently, the Agency will work with each jurisdiction to identify areas that could be addressed to ensure procedural improvements in the short term.
• The Agency will also seek to renew the bilateral agreement on environmental assessment cooperation with Quebec, which expires in May 2009, and resume discussions with Newfoundland and Labrador for the purpose of negotiating a bilateral agreement.
• In 2008-2009, the Agency began the development of a map-based Web service using a geographic information system (GIS) to assist Agency staff in the management of environmental assessments and the delivery of Aboriginal Crown consultation activities. Phase II of the project, to be undertaken in 2009-2010, will look at ways to extend the tool to support regional environmental assessments and cumulative effects assessments and extend its accessibility to stakeholders via the Web.
• In accordance with a government commitment made in response to the Commissioner of the Environment and Sustainable Development 2004 report, the Agency, with the support of the Privy Council Office, is leading an evaluation of the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. The results of the evaluation will be made public and will serve to inform the upcoming review of the Canadian Environmental Assessment Act.
• The Agency will put forward a proposal to update the environmental assessment regulations applicable to port authorities to be consistent with the environmental assessment process applicable to federal authorities subject to the Canadian Environmental Assessment Act. The Agency will also work towards introducing proposed regulations to set up an environmental assessment process for Canada's major airport authorities. Currently, neither federal nor provincial environmental assessment laws apply to airport authorities.
• The Agency will endeavour to create innovative solutions for dealing with smaller projects that are unlikely to cause significant adverse environmental effects including the use of class screenings.
• The Agency will continue to support Indian and Northern Affairs Canada (INAC) in the negotiation of environmental assessment provisions in land claims and self-government agreements and in various INAC lead regulatory initiatives.

Benefits for Canadians

This program activity contributes to sustainable development by ensuring that environmental considerations are taken into account in federal decision making related to plans, programs, policies and projects. As the Government focuses on stimulating the economy by investing heavily in infrastructure and supporting the development of cleaner energy sources, timely and efficient environmental assessment will ensure that decisions are made taking into full account potential environmental impacts. This approach is based on the principles that protecting the environment and the health of Canadians is essential to economic growth and that it is important to ensure that our actions contribute positively to the prosperity of future generations.

2.3 Program Activity: Environmental Assessment Support Program

Program Activity Summary

The Environmental Assessment Support Program activity aligns most closely with the Agency's second and third 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. The EA Support Program contributes to these operational priorities by:

• supporting a whole-of-government approach to addressing strategic and project-specific environmental assessment issues, including supporting implementation of the major resource projects initiative;
• managing the environmental assessment process for most major resource projects;
• leading the integration of federal Crown consultation activities into those environmental assessments that the Agency is managing;
• supporting and facilitating public participation in federal environmental assessments;
• providing environmental assessment training and learning to Agency staff;
• providing training and guidance to stakeholders and partners involved in environmental assessments; and
• developing systems and tools for delivery of environmental assessment management responsibilities.

The Program Activity includes:

• coordinating federal involvement in the environmental assessment of large projects and projects undergoing a cooperative environmental assessment with another jurisdiction, such as a province;
• managing the federal environmental assessment process and related Aboriginal consultation activities for major resource projects;
• providing funding to individuals and not-for-profit organizations to support meaningful public participation in federal environmental assessments;
• providing funding to Aboriginal groups to support their participation in federal environmental assessments and related consultation activities;
• developing and delivering relevant and up-to-date training and guidance in relation to federal environmental assessment to support compliance with the Act; and
• establishing and managing mechanisms to support an improved federal environmental assessment process.

Through a number of sub-activities the Agency will foster:

• a more effective, efficient, predictable and timely environmental assessment process for Canadians;
• sound understanding of federal environmental assessment requirements by interested parties;
• meaningful consultation with Aboriginal groups in relation to federal environmental assessment;
• public participation in the review of projects; and
• good working relations with stakeholders and partners, including provinces, territories and Aboriginal groups.

Planning Highlights

To achieve the expected results, the Agency plans to undertake the following activities:

• development of national standards and guidance for the delivery of environmental assessments for which the Agency is federal environmental assessment coordinator or environmental assessment manager;
• implementation of improvements to the environmental assessment process for major resource projects;
• renewal of the terms and conditions for the Agency's Participant Funding Program; and
• delivery of a comprehensive program of training events to both Agency staff and outside parties, including training to support the major resource projects initiative.

Benefits for Canadians

Through facilitating delivery of a timely, high-quality federal environmental assessment process, this program activity contributes to Canada's sustainable development and energy objectives, which in turn contribute to economic security and prosperity for Canadians.

2.4 Program Activity: Internal Services

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Material Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not those provided specifically to a program.

Internal Services support the operating programs and activities of the Agency and include many administrative activities normally performed outside program areas and cannot otherwise be allocated as program support overhead. The objective of the Agency's Internal Services is to support the core program activities by providing modern, timely and responsive services that are effective and efficient.

The major elements of Internal Services are:

Section 3: Supplementary Information

In this section:

• 3.1 Other Electronic Information

3.1 Other Electronic Information

The following tables are located on the Treasury Board Secretariat web site:

• Green Procurement
• Sustainable Development Strategy
• Internal Audits
• Evaluations
• Sources of Respendable and Non-Respendable Revenue
• User Fees

Section 4: Other Items of Interest

In this section:

• 4.1 Contacts for Further Information

4.1 Contacts for Further Information

Director of Communications

Canadian Environmental Assessment Agency

160 Elgin Street, 22^nd Floor

Ottawa, ON K1A 0H3

Tel: 613-957-0712

Fax: 613-957-0946

E-mail: info@ceaa-acee.gc.ca

The Canadian Environmental Assessment Agency's Web Site

www.ceaa-acee.gc.ca

Treasury Board Secretariat's Web Site

www.tbs-sct.gc.ca