Canada

1
Canadas Commissioner of the Environment and
Sustainable DevelopmentPresentation to the
Canadian Council of Independent Laboratories

• Jim McKenzie
• April 30, 2012
• Toronto, Ontario

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Presentation Outline

• Our Mandate and Role
• What we do and how we do it
• Our Products
• Examples of Past and Upcoming Work
• Recent Findings
• Environmental assessments
• Enforcement
• Water monitoring
• Environmental science

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Mandate and Products

• CESD established under the Auditor General Act
  (1995)
• Examine the performance of federal government
  programs review progress on sustainable
  development strategies manage environmental
  petitions process
• Products include
• Performance audits of key issues of interest to
  Parliament
• Non-audit products - studies and guidance on ESD
  issues
• Monitoring of Federal Sustainable Development Act
  Strategies
• Annual report on Environmental Petitions

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Relationship with Parliament and the Federal
Government
Parliament
Reports
Laws
Accountable
AG/CESD
Federal Government
Audits
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Performance Audits and Quality Control

• Performance audits are an independent, objective,
  and systematic assessment of how well government
  is managing its activities, responsibilities, and
  resources.
• Audit topics are selected based on their
  significance. While the Office may comment on
  policy implementation in a performance audit, it
  does not comment on the merits of a policy.
• Performance audits are planned, performed, and
  reported in accordance with professional auditing
  standards and Office policies. Key mechanisms for
  ensuring quality
• Office-wide system of quality control
• Quality Reviewers appointed to individual audits
• Internal practice reviews of individual audits
• Periodic external peer reviews

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Examples of Past Work (2009-2011)

• Transportation of dangerous products
• Environmental science
• Enforcement of the Canadian Environmental
  Protection Act
• Inventory of federal environmental monitoring
  systems (study)
• Sustainable fisheries (study)
• Cumulative impacts/environmental assessment oil
  sands
• Oil spills from ships
• Monitoring water resources
• Adaptation to climate change impacts
• Application of the Canadian Environmental
  Assessment Act
• Management of toxic substances
• Quality and the National Pollutant Release
  Inventory (NPRI)

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Upcoming Work (2012-2013)

• Contaminated Sites
• Climate change programs (and Canadas 2020
  target)
• Offshore petroleum boards
• Conserving biodiversity
• Marine protected areas
• Federal performance in priority ecosystems
• Update on species at risk recovery efforts
• Status report
• Follow-up on previous observations

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Findings Environmental Assessment (1)

• Application of the CEA Act - mixed results
• Comprehensive studies and review panels (used for
  larger, complex projects) are meeting
  requirements.
• Not clear that screeningsthe most common type of
  assessment (99)are meeting all of the Acts
  requirements. In half the files reviewed, the
  rationale or analysis was too weak to demonstrate
  how environmental effects of projects had been
  considered, their significance assessed, and
  decisions reached.
• For projects with more than one responsible
  authority, disputes about project scope may cause
  serious delays.
• CEA Agency has not fully established and
  undertaken a quality assurance program as
  required by amendments to the Act in 2003.

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Findings Environmental Assessment (2)

• Cumulative impacts of oil sands projects
• Assessing cumulative effects is required under
  CEAA
• Impacts of oil sands to date is unknown
• Inconsistent baseline date and poor data quality
• Poor coordination of current monitoring systems
• Gaps have hindered the ability of Fisheries and
  Oceans Canada and Environment Canada to consider
  cumulative environmental effects of oil sands
  projects in that region.
• Encouraged by the federal governments
  commitments in response to the work of the Oil
  Sands Advisory Panel. We will monitor the
  governments progress in putting into effect
  monitoring systems.
• Proposed amendments to EA address some problems,
  but questions and uncertainties remain.

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Findings Toxics

• Addressed several times since 1999 most recently
  risk management of selected substances (2009)
• Lead, mercury, bis(2-ethylhexyl)phthalate or
  DEHP, PCBs, dioxins and furans, dichloromethane,
  PBDEs.
• Risk management actions taken have been
  reasonable some gaps
• Risk management strategies for lead and mercury.
• EC and HC lack a systematic process for
  periodically assessing progress lack criteria
  that would prompt earlier assessments if
  warranted by new information.
• Highlighted importance of biomonitoring. CMP
  viewed positively.
• Toxic substances common issue raised in petitions
  
• Endocrine disrupting chemicals and cosmetic
  products fluoride in drinking water chemicals
  used in shale gas extraction pesticides sewage
  sludge on agricultural lands pesticides to
  control sea lice in aquaculture.

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Findings Environmental Enforcement (1)

• Transportation of dangerous products
• Transport Canada (air, rail, marine, trucking)
  and National Energy Board (pipelines)
• TC needs better management practices to
  effectively monitor regulatory compliance with
  the TDG Act
• No national risk-based regulatory inspection plan
  or necessary guidance for inspectors. The nature
  and extent of the inspections and follow-up on
  non-compliance not well documented. TC is not
  adequately reviewing and approving the emergency
  response plans - nearly half the plans submitted
  have been provided only an interim approval.
• Many of the organizations shipping dangerous
  goods have operated with an interim approval for
  over 5 years, and some for over 10 yrs.

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Findings Environmental Enforcement (2)

• Oil and gas pipelines National Energy Board
• NEB has designed a sound risk-based monitoring
  system but deficiencies in implementation and
  follow-up noted
• Little indication that the Board takes steps to
  ensure that deficiencies identified through
  monitoring are corrected.
• NEB has not appropriately monitored emergency
  procedures manuals of regulated companies.
  Manuals for about 39 percent of companies have
  yet to be reviewed. For those that have been
  reviewed, we noted that in almost all instances
  identified, deficiencies were not communicated to
  the regulated companies.
• Recent federal budget has announced new to
  improve inspections.

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Findings Environmental Enforcement (3)

• Enforcement of CEPA 99 Environment Canada
• The enforcement program has not been well
  managed.
• Lack of information. EC lacks key information on
  regulated individuals, companies, and government
  agencies to know whether it is targeting its
  enforcement activities toward the highest-risk
  violators or the highest risks to human health
  and the environment.
• Lack of capacity. Enforcement actions are limited
  by gaps in its capacity to enforce CEPA
  regulations, including lack of training for
  enforcement officers and lack of adequate
  laboratory testing to verify compliance.
• Lack of follow-up. Department failed to follow up
  on half of its enforcement actions during the
  audit period to verify that violators returned to
  compliance with CEPA regulations.
• Environment Canada is not measuring the results
  of its enforcement activities and actions and
  does not know whether they have achieved the
  program objectives of encouraging compliance and
  minimizing damages and threats to the
  environment.

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Findings Water Monitoring (1)

• Water quality and quantity - Environment Canada
• Risks - Environment Canada has not located its
  monitoring stations based on an assessment of
  risks to water quality and quantity. As a result,
  it may not be focussing its monitoring efforts on
  the activities and substances that pose the
  greatest risks.
• QA/QC - Both of the water monitoring programs we
  audited developed quality control procedures
  intended to ensure that the data they disseminate
  is fit for their intended uses.
• The National Hydrometric Program has consistently
  applied its quality control procedures to
  validate the data from the stations we examined.
• The Fresh Water Quality Monitoring program has
  not. As a result, Environment Canada cannot
  assure users that its water quality data is fit
  for their intended uses.

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Findings Water Monitoring (2)

• Unclear responsibilities on federal lands large
  gaps in coverage

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Findings Environmental Science

• The federal government has a unique and distinct
  purpose for conducting scientific research and
  monitoring (e.g., informs policy making,
  programs, regulations).
• Public policy role
• Scientific evidence is a key factor that informs
  decisions
• Environmental science at Environment Canada
• EC considers itself a science-based department.
• Science informs regulations, pollution prevention
  plans, environmental standards, and environmental
  quality guidelines.
• Helps understand stresses and pressures on
  ecosystems.

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Findings Environmental Science (2)

• We examined how EC ensures quality of its science
  activities, how it communicates scientific
  evidence to decision makers, and strategic
  planning for science.
• Environment Canada uses a range of systems and
  practices to ensure the quality of the science it
  conducts
• The Department uses a variety of methods to
  communicate scientific evidence to decision
  makers
• 2007 Science Plan not adequately implemented.
  Long term planning important given demographic
  profile of scientists and budget pressures
• Its good to have quality science but it also
  needs to be communicated effectively.
• First time audit has focused specifically on
  science likely to consider in future audits

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Changing Role of Environmental Science (1)

• CESD has undertaken additional consultations and
  research on the changing role of science in the
  federal government and the science/policy nexus.
  Some of what we have heard
• Issues are becoming more complex cut across
  boundaries (departmental, jurisdictional) and
  disciplines.
• Accelerated information flows and amount of
  information poses challenges.
• Producing quality science continues to be key.
• Aligning science with near-term priorities and
  foreseeing future demands are important
  (relevance).
• Measuring relevance, impact and success needed to
  demonstrate value of science.
• But questions remain about how this should be
  done. How is success measured, especially in
  terms of how science informs decisions?

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Changing Role of Environmental Science (2)

• Effectively communicating results of science to
  policy makers and decision makers is critical.
  But challenges exist
• Lack of science literacy - needs to improve
  amongst the public and policy/decision makers.
• Skeptics and critics raise doubts about science
  and can put public (and decision makers) trust
  in science at risk (some evidence trust is
  declining).
• Competition from quasi-experts and junk science.
• Science can take time to generate results but
  demands are short-term (and often ask for
  certainty).
• Some concerned that scientific community is not
  well positioned to address these challenges
  (e.g., structure and incentives in universities
  are not well suited for ensuring science informs
  either the public or policy rather they
  encourage communication with peers and students).
  
• Science has a fight on its hands.

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Questions and Coordinates
Our web page www.OAG-BVG.GC.CA Twitter
_at_CESD_CEDD _at_OAG_BVG Contact James.Mckenzie_at_oag-
bvg.gc.ca