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As Minister responsible for the Canadian Environmental Assessment Agency, I am pleased to present the 2012-13 Report on Plans and Priorities for the Agency.
The Canadian Environmental Assessment Agency plays a key role in ensuring responsible resource development while effectively protecting the environment. It does this by providing timely, accurate and comprehensive information on the environmental effects of projects and how those effects can be mitigated to reduce the overall footprint of projects under federal jurisdiction. It also provides analysis and advice on how federal environmental assessment can contribute to responsible resource development, a key to long-term jobs and growth in Canada.
The Government of Canada recognizes its responsibility to ensure that Canada's abundant natural resources are developed in an environmentally sustainable manner for the benefit of all Canadians. It plans new legislation in 2012 to improve and streamline the review process for major economic projects. The new Canadian Environmental Assessment Act will provide fixed timelines that will increase certainty and predictability for business. The new Act will also strengthen environmental protection and focus on high-risk projects. It will be the foundation enabling consideration of the environmental effects of proposed projects, before decisions are made.
I invite parliamentarians and Canadians to read the 2012-13 Report on Plans and Priorities to learn more about the Canadian Environmental Assessment Agency's priorities and its role in supporting informed decisions.
The Honourable Peter Kent, P.C., M.P.
Minister of the Environment and
Minister responsible for the Canadian Environmental Assessment Agency
Environmental assessment contributes to informed decision making in support of sustainable development.
The Canadian Environmental Assessment Agency delivers high-quality environmental assessments and serves as the centre of expertise on environmental assessment within the federal government.
Environmental assessment (EA) ensures that federal government authorities identify and consider the potential environmental effects of policies, plans, programs, and projects before final decisions are made. It supports decisions that protect the environment, while fostering strong economic growth and a high quality of life for Canadians.
The Canadian Environmental Assessment Act (the Act) establishes the requirements for the EA of projects, and the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals sets out the environmental assessment requirements for those types of decisions. The Canadian Environmental Assessment Agency (the Agency) plays key roles in delivering and supporting assessments under the Act and providing guidance to assessments under the Cabinet Directive.
The Agency plays a key role in carrying out environmental assessments of major projects under the current Act. This role is proposed to continue under the new Act. Currently, the Agency conducts most comprehensive studies on behalf of the Government of Canada. The Agency advises and assists the Minister of the Environment in establishing review panels and supports panels in their work. The Agency also integrates the Government of Canada's Aboriginal consultation activities into the environmental assessment process to the greatest extent possible, for review panels and EAs for which it is responsible.
As the centre of expertise on EA within the federal government, the Agency provides advice and guidance across government to assist federal authorities in carrying out their environmental assessment responsibilities. The Agency works with federal authorities on the application of the Cabinet Directive on Implementing the Canadian Environmental Assessment Act and the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects.
The Agency also leads the coordination of federal environmental assessment requirements with those of the provinces and territories. The Agency administers a participant funding program that supports individuals, non-profit organizations, and Aboriginal groups interested in participating in federal environmental assessment.
The Agency also has responsibilities for reviewing projects under the environmental and social protection regimes set out in sections 22 and 23 of the 1975 James Bay and Northern Quebec Agreement. The President of the Agency is designated by order-in-council as the federal administrator of these processes.
With the introduction of new legislation in 2012, the Agency will focus its efforts on implementing the changes brought forward by the Government. It will have a more significant role in delivering federal EA and associated Aboriginal consultations to support responsible resource development.
The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals establishes a self-assessment process for conducting a strategic environmental assessment (SEA) of a policy, plan or program proposal. An SEA is required when the proposal is being submitted to a minister or Cabinet for approval and may result in important environmental effects. The Agency supports the Minister of the Environment in promoting the application of the Cabinet Directive and provides training and guidance for federal authorities.
The Agency was established in 1994 and is headed by a president who reports directly to the Minister of the Environment. The Agency has its headquarters in Ottawa and regional offices in Halifax, Québec City, Toronto, Winnipeg, Edmonton, and Vancouver.
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.
The Agency strives to achieve this outcome through delivering key components of federal EA and by providing advice and support to other federal organizations on the delivery of their federal environmental assessment responsibilities.
The chart below illustrates the Agency's framework of program activities, which contribute to its strategic outcome.
Priority | Type1 | Strategic Outcome(s) and/or Program Activity(ies) |
---|---|---|
Deliver high-quality environmental assessments of major projects | Ongoing | Environmental Assessment Development Program Environmental Assessment Delivery Program |
Description | ||
Why is this a priority?
Plans for meeting the priority
|
1 Type is defined as follows: previously committed to—committed to in the first or second fiscal year prior to the subject year of the report; ongoing—committed to at least three fiscal years prior to the subject year of the report; and new—newly committed to in the reporting year of the RPP or DPR.
Priority | Type | Strategic Outcome(s) and/or Program Activity(ies) |
---|---|---|
Build effective relationships with Aboriginal people | Ongoing | Environmental Assessment Development Program Environmental Assessment Delivery Program |
Description | ||
Why is this a priority?
Plans for meeting the priority
|
Priority | Type | Strategic Outcome(s) and/or Program Activity(ies) |
---|---|---|
Play a lead role in shaping the future of federal environmental assessment | Ongoing | Environmental Assessment Development Program Environmental Assessment Delivery Program |
Description | ||
Why is this a priority?
Plans for meeting the priority
|
Protecting the environment, while supporting strong economic growth and improving the quality of life of Canadians, is an important challenge. Environmental assessment assists in addressing this challenge by ensuring that environmental effects are considered before decisions are made to allow policies, plans, programs, or projects to proceed.
Under the Canadian Environmental Assessment Act, responsible authorities (federal departments, agencies, and parent Crown corporations) must undertake an EA before providing financial assistance for a project, making decisions as a land manager, issuing authorizations to enable a project to go forward, or serving as proponent of a project.
Projects subject to an EA under the Act, as well as policies, plans, and programs subject to an SEA 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 and treaty rights, and federal–provincial/territorial cooperation. Environmental assessment must continually adapt to factors, such as changing economic and environmental conditions, new technologies, interpretations of statutory and common law, and evolving public expectations.
The following sections provide an overview of the Agency's operating environment and associated considerations and challenges.
Under the Canadian Constitution, environmental management is an area of shared responsibility between the federal and provincial/territorial governments. When the federal government and the government of a province or territory both require EAs, the Agency works with the other jurisdiction to design and deliver a single, effective and efficient environmental assessment process. Bilateral agreements and project-specific arrangements define the roles and responsibilities in implementing the process in a manner that satisfies the requirements of both parties.
An effective, timely and predictable regulatory system, which includes high-quality EAs, is a key contributor to a strong Canadian economy. The Agency continues to be an active partner in improving the performance of the regulatory system. It continues to implement innovative ways to ensure that environmental considerations are taken into account in federal decision making and that federal EAs provide clear benefits to Canadians. In 2012, the Government committed to introducing new legislation to modernize the regulatory system. The Agency will focus its efforts on the planning and implementation of changes to the EA process resulting from that legislation.
The Government is committed to introducing new legislation to make the review process for major projects more predictable and timely, to reduce duplication and overlap and to strengthen environmental protection. Planning for these changes at the Agency is currently underway.
The proposed legislative changes follow a legislative review by parliamentary committee of the provisions and operation of the current Act. The House of Commons Standing Committee on Environment and Sustainable Development completed its review in 2012.
Through amendments to the Canadian Environmental Assessment Act that came into force July 12, 2010, the Agency became responsible for the conduct of most comprehensive study EAs. This was an important shift from its previous coordinating function. The Agency must also comply with the Establishing Timelines for Comprehensive Studies Regulations, effective June 23, 2011.
Projects subject to an EA and their effects on the environment are complex, often giving rise to competing views on whether and how a project should proceed. Providing meaningful opportunities for Canadians to participate is central to the delivery of high-quality EAs. The public's views are incorporated into EAs and considered in making decisions.
The federal Crown has a duty to consult and, where appropriate, accommodate Aboriginal groups when it contemplates conduct that may adversely affect established or potential Aboriginal or treaty rights. As a result of the 2007 Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects, it was decided that for major resource projects the environmental assessment process would be relied upon, to the extent possible, to fulfill the legal duty to consult. The Agency integrates Aboriginal consultation into the EAs that it leads, consistent with the whole-of-government approach set out by the federal government in the above-mentioned Cabinet Directive. Aboriginal consultation presents opportunities to integrate traditional knowledge and diverse perspectives on the nature and exercise of Aboriginal or treaty rights into project assessment.
In 2007, the Government implemented the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects. The Cabinet Directive sets out the Government's expectations with respect to how the regulatory system for major projects, of which environmental assessment is central, is to perform. The Agency plays a key role in the delivery of the regulatory system for major projects. In addition, the Government has committed to continuing to improve the effectiveness and efficiency of the regulatory system in order to support an innovative and prosperous economy, protect the health and safety of Canadians, and protect the environment.
Litigation regarding the interpretation of the Act and the Crown's duty to consult Aboriginal groups may result in a need to take the necessary time to adjust practices to conform to court decisions. For example, a 2010 ruling of the Supreme Court of Canada on the scope of the project to be considered in a federal EA led to significant adjustments to federal environmental assessment practices.
International dialogue provides opportunities for Canada to share its environmental assessment experience and expertise and learn from the environmental assessment practices of international organizations and other countries. Benefits include being able to incorporate best practices from elsewhere and to be aware of the effects of other environmental assessment regimes on Canada's competitiveness. In addition, the Agency will continue to develop relationships and maintain dialogue with other jurisdictions with comparable environmental assessment regimes. To this end, the Agency continues to engage in informal meetings with the United States Environmental Protection Agency and has begun an ongoing dialogue with its counterparts in the Australian government.
The Agency received funding in 2007 for two key initiatives: to improve Canada's regulatory framework for major resource projects and to integrate Aboriginal consultation into EAs. The Agency has made considerable progress in establishing procedures and guidance to deliver timely and effective comprehensive study EAs and coordinate Aboriginal consultation associated with the EAs it manages. The Agency will focus in the coming years on implementing and drawing on lessons learned from these approaches.
The financial resources table below provides a summary of the total planned spending for the Agency for the next three fiscal years.
2012-13 | 2013-14 | 2014-15 |
---|---|---|
29,625 | 29,656 | 29,511 |
The human resources table below provides a summary of the total planned human resources for the Agency for the next three fiscal years.
2012-13 | 2013-14 | 2014-15 |
---|---|---|
241 | 241 | 240 |
Performance Indicators | Targets |
---|---|
|
|
Program Activity | Forecast Spending 2011-12 |
Planned Spending | Alignment to Government of Canada Outcomes | ||
---|---|---|---|---|---|
2012-13 | 2013-14 | 2014-15 | |||
Environmental Assessment Development Program | 4,222 | 4,313 | 4,322 | 4,184 | Strong Economic Growth |
Environmental Assessment Delivery Program | 18,348 | 17,737 | 17,758 | 17,758 | Strong Economic Growth |
Total Planned Spending | 22,050 | 22,080 | 21,942 |
Program Activity | Forecast Spending 2011-12 |
Planned Spending | ||
---|---|---|---|---|
2012-13 | 2013-14 | 2014-15 | ||
Internal Services | 7,563 | 7,575 | 7,576 | 7,569 |
Total Planned Spending | 7,575 | 7,576 | 7,569 |
For the 2012-13 fiscal year, the Agency plans to spend its $30 million authority to achieve the expected results of its program activities and contribute to its strategic outcome.
For the 2008-09 to 2011-12 periods, total spending includes all parliamentary appropriation and revenue sources. It also includes carry forward adjustments. For the 2012-13 to 2013-14 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 in the expenditure profile.As a result of the Budget 2007 initiative to improve Canada's regulatory framework for major resource projects, the Agency has increased its spending trend up to 2011-12. The Agency also received funding to integrate Aboriginal consultation into the EAs it manages. Both funding initiatives are scheduled to sunset by 2011-12. For 2012-13 and beyond, the Agency is reflecting its expenditure profile based on planned appropriations for Aboriginal consultations for environmental assessment processes and for improved performance of the regulatory system for major resource projects.
For information on our organizational appropriations, please see the 2012-13 Main Estimates publication.