Evaluation of Canada’s Clean Air Regulatory Agenda

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Final Report

Audit and Evaluation Branch December 2015

Report Clearance Steps

Planning phase completed - September 2015
Report sent for management response - October 2015
Management response received - April 2014
Report approved by Environment Canada’s Deputy Minister (DM) - October 15, 2015
Report approved by Health Canada’s DM - December 21, 2015

Acronyms used in the report

AQA
Air Quality Agreement
AQHI
Air Quality Health Index
AQMS
Air Quality Management System
BLIER
Base-level industrial emissions requirement
CAAQs
Canadian Ambient Air Quality Standards
CAPMoN
Canadian Air and Precipitation Monitoring Network
CEPA 1999
Canadian Environmental Protection Act, 1999
CESD
Commissioner of the Environment and Sustainable Development
EITE
Emissions-intensive trade exposed
ESB
Environmental Stewardship Branch
FSDS
Federal Sustainable Development Strategy
IAQ
Indoor Air Quality
kt
Kilotonnes
LRTAP
Long-range Transboundary Air Pollution
MSAPR
Multi-Sector Air Pollutants Regulations
Mt
Megatonnes
NAPS
National Air Pollution Surveillance Program
NGO
Non-Governmental Organization
NO
Nitrogen dioxide
NOx
Nitrogen oxides
NRC
National Research Council of Canada
P/T
Province / Territory
PM
Particulate matter
RIAS
Regulatory Impact Analysis Statements
SLCP
Short-lived Climate Pollutants
SO
Sulphur dioxide
SW
Single Window
UNECE
United Nations Economic Commission for Europe
UNFCCC
United Nations Framework Convention on Climate Change

Acknowledgments

The Evaluation Project Team would like to thank those individuals who contributed to this project, particularly members of the Horizontal Evaluation Steering Committee and all interviewees and survey respondents who provided insights and comments crucial to this evaluation. The Horizontal Evaluation Steering Committee was composed of program and evaluation representatives from Environment Canada, Health Canada and the National Research Council of Canada.

The Evaluation Project Team was led by Susan Wharton, under the direction of William Blois, and included Goss Gilroy Inc., and Katheryne O’Connor.  

Table of Contents

Executive Summary

Background

This report presents the findings of the evaluation of the Clean Air Regulatory Agenda (CARA), carried out between July 2014 and March 2015.

CARA was established in 2006 to provide a coordinated framework to incorporate both regulations and alternative (non-regulatory) instruments and deliver an integrated, nationally consistent approach to the reduction of air pollutants and greenhouse gases (GHGs). In 2011, in an effort to consolidate government action on air pollutants, the scope of CARA was expanded to include activities related to the Air Quality Health Index (AQHI) program, Indoor Air Quality and North American Transboundary Air Issues. CARA is directed by Environment Canada (EC) and has two federal partners, Health Canada (HC) and the National Research Council (NRC). CARA has five broad and highly inter-related activity elements: science; reporting (on national GHG and air pollutant emissions); policy; regulatory development; and indoor air quality.

The evaluation examined the three-year timeframe from April 2011 to June 2014 and also, where appropriate, looked at relevant activity from the rest of 2014-2015. Federal expenditures on the program were approximately $100M per year during the period under study.Footnote1

Methodologies used in the evaluation included a review of documentation and literature, 47 interviews with 61 internal and external stakeholders, an online survey of members of technical working groups for the development of regulations and other instruments under CARA, and 4 case studies focusing on equivalency agreements; the single window reporting system; the National Radon Program; and new outreach approaches for the Air Quality Health Index (AQHI).

Findings and Conclusions

Relevance

There is a continuing need to address the significant health, environmental and economic impacts of air pollution, climate change and indoor air contaminants.

CARA’s objectives are aligned with federal priorities on minimizing environmental threats from climate change and air pollution and managing ecosystem impacts and public health risks. These priorities have been outlined in federal policy and budgetary announcements and in commitments under the Federal Sustainable Development Strategy.

The work being done under CARA supports the strategic outcomes and responsibilities of partner departments EC and HC and helps meet NRC’s responsibilities regarding the support of industry’s implementation of new technological solutions to improve air quality. The roles and mandates of EC and HC under CARA are aligned with the responsibilities and legislative authority of these departments under the Canadian Environmental Protection Act, 1999, plus several other Acts. CARA also supports Canada’s commitments regarding emissions reductions and reporting requirements under international agreements.

Given the shared jurisdiction for these issues, the provinces and territories have been involved in initiatives to address air pollution and climate change for many years and, using a variety of approaches, are taking action through their own air pollution and GHG reduction strategies. Despite the possibility of overlap between federal and provincial/territorial efforts, mechanisms are either planned or in place to ensure multilateral and bilateral cooperation and minimize or avoid duplication.

Efficiency and Economy

The current design of CARA, with its three participating departments and five inter-related activity elements, provides for an appropriate and flexible framework that delivers the capacity and expertise to carry out the CARA agenda. Processes and tools are available to help select the most appropriate regulatory or non-regulatory instruments for addressing air pollution and GHG emissions, and the work to date has reflected key government policy, including regulatory alignment with the US and the use of a sector-by-sector regulatory approach to GHG emissions. Program stakeholders report that the short-term nature of CARA funding has made it more challenging to handle human resources recruitment and retention, not to mention longer term planning.

Several aspects of CARA, including partnering, expenditure prioritization and the use of technology, contribute to efficient delivery. Despite the complexity of this initiative, the roles and responsibilities are clear and well-understood. Although there is no formal CARA-wide governance mechanism, the current approach, which leverages existing interdepartmental and intergovernmental committees and fora, provides an appropriate degree of oversight and coordination. Effective interactions at the working level also support strong governance. An opportunity has been identified to strengthen information sharing and planning between regulatory development and reporting activities in order to more fully integrate reporting expertise into the design of new regulatory requirements, to ensure that new reporting requirements optimize opportunities for harmonization with existing processes and inventories and to avoid an undue reporting burden. The need to clarify commitments so as to further expand/adapt the single window system was also identified.

Performance information on progress on air pollution and GHG emissions trends is available and publicly reported. Performance measurement plans also exist for some regulations, although the measurement and reporting of the impacts of those regulations remain limited, since many of these plans have yet to come into effect.

Achievement of Intended Outcomes

Significant progress has been made towards achieving many CARA outcomes, although some avenues for improvement have been identified.

Recommendations

The following recommendations are based on the findings and conclusions of the evaluation. As the senior departmental official responsible for CARA, the Assistant Deputy Minister (ADM) of the Environmental Stewardship Branch (ESB), working with CARA partners from other branches within EC and HC, will be sent the recommendations as appropriate.

Recommendation #1: Strengthen and formalize linkages between the regulatory and reporting elements of CARA to better harmonize requirements for new and existing regulatory reporting and inventories and improve resource planning for future enhancements.

Recommendation #2: Develop and communicate a policy framework for equivalency agreements in order to facilitate clarity and consistency in their use, better understand future resourcing implications and clarify expectations for provinces and territories.

Recommendation #3: Develop and share best practices / tools for stakeholder consultation to increase the efficiency and effectiveness of the regulatory development consultation process.

Management Response

The ADM of the ESB agrees with the recommendations and has developed a management response that appropriately addresses each of the recommendations.

The full management response can be found in Section 6 of the report.

1.0 Introduction

This report presents the results of the Evaluation of Canada’s Clean Air Regulatory Agenda (CARA), which was conducted by Goss Gilroy Inc. for the Audit and Evaluation Branch of Environment Canada (EC). The evaluation was identified in the Deputy Minister-approved 2013 Risk-Based Audit and Evaluation Plan and carried out in cooperation with Health Canada (HC) and the National Research Council of Canada (NRC) in order to assess the relevance and performance (including effectiveness, efficiency and economy) of CARA. The evaluation was undertaken in fulfilment of a funding commitment in order to support future program funding decisions and respond to the Financial Administration Act and the Treasury Board Policy on Evaluation, which require that an evaluation be conducted at least once every five years.

The document is organized as follows: Section 2.0 provides background information on the EDF. Section 3.0 presents the evaluation design, including the purpose and scope of the evaluation, as well as the approach and methods used to conduct the evaluation. Section 4.0 and 5.0 lay out, respectively, the evaluation’s findings and conclusions. The recommendations and management response are presented in Section 6.0.

2.0 Background

2.1 Program Overview

Purpose and Goal of the EDF Program

Established in 2006, CARA is the centerpiece of the Government’s broader initiative known as the Clean Air Agenda (CAA)Footnote3, which is aimed at addressing climate change and air pollution and maintaining a clean and healthy environment for all Canadians.

The key focus of CARA is to provide a coordinated framework that provides for the use of both regulations and alternative (non-regulatory) instruments to deliver an integrated, nationally consistent, approach to reducing domestic air pollutant and GHG emissions. CARA activities are grounded in science and economic analysis and developed through extensive consultation with the provinces/territories and stakeholders. Emissions monitoring and reporting are also integral to CARA.

The 2011-2016 renewal of CARA builds on previous initiatives and has a greater emphasis on transport regulations and sector-specific regulations (as opposed to cross-cutting regulations applied throughout the economy) that are aligned with the US as appropriate. Another key focus for this time-frame was the development of a nationally consistent approach to air pollution and the national endorsement of the Air Quality Management System (AQMS), which provides for the establishment of new national ambient air quality standards for key pollutants and new industrial emissions requirements. In 2011, activities relating to the Air Quality Health Index (AQHI) program, Indoor Air Quality (including the Radon Strategy) and North American Transboundary Air Issues, previously included under other CAA themes, were also brought within the ambit of CARA activities as part of an effort to consolidate government action on air pollutants.

2.2 Activities

CARA is led by EC and delivered in partnership with Health Canada (HC) and the National Research Council of Canada (NRC). CARA contains five broad and highly inter-related activity elements:

Science activities under CARA are pursued by EC and HC to support the development of regulatory and non-regulatory measures for reducing GHG and air pollutant emissions and their impact on human health and the environment. Scientific activities in support of CARA fall under the following four areas:

Reporting activities pursued by EC and HC focus on national GHG and air pollutant emissions in support of policy and regulatory development, binding domestic and international reporting commitments (e.g., the United Nations Framework Convention on Climate Change (UNFCCC) and the United Nations Economic Commission for Europe’s (UNECE) Convention on Long-range Transboundary Air Pollution (LRTAP)), and the implementation of the Air Quality Health Index (AQHI). Reporting activities fall under the following three areas:

The Policy activities undertaken by EC and HC include the economic and strategic policy analysis needed to support the development of policy frameworks and regulations in line with Government priorities and existing commitments. Policy activities include:

Regulatory Development Activities pursued at EC include the development, implementation, administration, compliance promotion and enforcement of regulations and/or alternative instruments (e.g., standards, codes of practice) for the reduction of GHGs and air pollutants. As regards GHGs, Canada is taking a sector-by-sector regulatory approach to tailor its regulations to specific environmental and economic considerations. Regarding air pollutants, Canada is employing both regulations and non-regulatory instruments to reduce emissions from various sectors and equipment types. Where appropriate, GHG and air pollutant regulations are to be aligned with US regulations. CARA regulatory work is structured around five categories of activity aimed at reducing GHG emissions and air pollution from different sectors:

This regulations activity, besides covering activities specifically related to the development of regulations and alternative instruments, also extends to the following two areas:

Indoor Air Quality (IAQ) Activities delivered by HC and NRC are intended to improve indoor air quality in Canada through the development of guidelines, codes of practice, mitigation measures, product standards and communication initiatives. The indoor air quality element includes:

2.3 Governance and Management

CARA is a cross-cutting initiative whose activities span three departments, multiple branches and numerous sub-programs.Footnote5 There is no single overarching CARA governance mechanism. All three participating departments share responsibility for implementing individual CARA initiatives and for monitoring and reporting on progress on a regular basis. Additionally, there are governance and coordination mechanisms in place for many of the individual components of CARA (e.g., working groups or management committees for air quality monitoring, air quality modelling, the AQHI, SW, CARA research, AQA and regulatory planning).

As the CARA lead, the Environmental Stewardship Branch (ESB) of Environment Canada (EC) is responsible for communications and for the coordinated policy and management processes related to CARA. ESB is also responsible for monitoring and reporting on the results and performance of the overall agenda and the integration of CARA reporting into the Federal Sustainable Development Strategy (FSDS).

2.4 Resource Allocation

Table 1 presents the approximate distribution of CARA expenditures by activity element and department for 2011-2012 through 2013-14. The distribution of expenditures by Branch within each participating department can be found in Appendix C. Appendix C also includes the distribution of expenditures by category (e.g., salary, O&M, G&C).

Table 1: CARA Expenditures by Activity Element & Department- 2011-2014 (000's)

CARA Activity Element - Science
Department 2011-2012 Actual 2012-2013 Actual 2013-2014 Actual Total Total % distribution
EC $17,048 $20,387 $20,638 $58,073 19%
HC $8,755 $8,936 $7,890 $25,581 8%
Total Science $25,803 $29,322 $28,528 $83,654 27%
CARA Activity Element - Reporting
Department 2011-2012 Actual 2012-2013 Actual 2013-2014 Actual Total Total % distribution
EC $14,541 $16,019 $16,985 $47,545 15%
HC $2,803 $2,549 $3,061 $8,413 3%
Total Reporting $17,344 $18,567 $20,046 $55,958 18%
CARA Activity Element - Policy
Department 2011-2012 Actual 2012-2013 Actual 2013-2014 Actual Total Total % distribution
EC $12,781 $9,357 $9,403 $31,540 10%
HC $4,155 $4,518 $4,517 $13,191 4%
Total Policy $16,936 $13,875 $13,920 $44,731 15%
CARA Activity Element - Regulatory development
Department 2011-2012 Actual 2012-2013 Actual 2013-2014 Actual Total Total % distribution
EC $30,601 $32,828 $31,480 $94,909 31%
Total Regulatory
Development
$30,601 $32,828 $31,480 $94,909 31%
CARA Activity Element - Indoor air quality
Department 2011-2012 Actual 2012-2013 Actual 2013-2014 Actual Total Total % distribution
HC $6,705 $8,946 $7,191 $22,842 7%
NRC $1,800 $1,800 $1,800 $5,400 2%
Total Indoor
Air Quality
$8,505 $10,746 $8,991 $28,242 9%
CARA Activity Element - Grand Totals
Department 2011-2012 Actual 2012-2013 Actual 2013-2014 Actual Total Total % distribution
Total EC $74,972 $78,590 $78,505 $232,067 75%
Total HC $22,418 $24,948 $22,660 $70,027 23%
Total NRC $1,800 $1,800 $1,800 $5,400 2%
Grand Total $99,190 $105,338 $102,966 $307,494 100%

Sources: Numbers represent the actual expenditures of the CARA Clean Air Agenda based on departmental performance reporting. Numbers may not add up due to rounding.

Table 2 presents the G&C expenditures for CARA from 2011-12 to 2013-14. These expenditures are administered by three EC branches (Meteorological Service of Canada (MSC), Science & Technology Branch (STB) and ESB) under the authority of EC’s Umbrella Contribution Terms and Conditions. For the purpose of this evaluation, this spending has been considered broadly with respect to program efficiency and the achievement of outcomes. G&C expenditures were used primarily by MSC to support outreach programs aimed at increasing awareness of the AQHI; by STB to access unique scientific expertise and capacity within universities in support of CARA priorities; and by ESB to cover UNFCCC dues. These G&Cs are also being reviewed as part of an ongoing evaluation of EC’s Umbrella Terms and Conditions.

Table 2: CARA G&C by EC branch, 2011-2014 (000’s)

Environment Canada Branch 2011-2012
Actual
Average Maximum Total
Meteorological Service of Canada $313 $398 $100 $811
Science & Technology Branch $1,054 $1,471 $1,752 $4,278
Environmental Stewardship Branch $163 $0 $0 $163
Total CARA G&Cs $1,530 $1,870 $1,852 $5,252

Source: Data from EC’s financial system as provided by EC Finance Branch. Numbers may not add up due to rounding.

2.5 Expected Results

For the purpose of the evaluation, program performance was assessed against eight theme-based outcome statements (presented in Annex B), which incorporate the immediate and intermediate outcomes from the CARA logic model (see Annex A). The outcome statements were developed to avoid duplication of related concepts and to align more closely with CARA’s five activity elements.

As far as possible, the evaluation also assesses CARA’s contribution towards achieving the program’s final outcomes:

3.0 Evaluation Design

3.1 Purpose and Scope

The purpose of this evaluation is to assess the relevance and performance (including effectiveness, efficiency and economy) of CARA. The evaluation covers the three-year timeframe from 2011-12 to Q1 2014-15; however, relevant activity during the remainder of 2014-15 is also included, as appropriate. The evaluation addresses the activities conducted by EC, HC and NRC across each of the five broad CARA activity elements.

The evaluation of the EDF is part of EC’s 2012 Risk-Based Evaluation Plan, approved by the Deputy Minister, and is intended to support evidence-based decision making in policy, expenditure management and program improvements. The evaluation was conducted in order to meet the coverage requirements of the Treasury Board Policy on Evaluation, which require that all direct program spending be evaluated at least once every five years.

3.2 Evaluation Approach and Methodology

The findings presented in this document are based on four data collection methodologies. Evidence derived from these methods informed the findings and conclusions of the evaluation. Footnote6

Case study methodologies included a document review and key informant interviews (n=3-5 for each case study). The case study interviews were in addition to the interviews described above.

3.3 Limitations

The challenges encountered during the evaluation, the related constraints, and the strategies used to mitigate their impact are outlined below.

4.0 Findings

This section presents the findings of the evaluation according to evaluation issue (relevance and performance) and related evaluation question. For each evaluation question, a rating is provided based on a judgment of the evaluation findings. The rating statements and their significance are outlined below in Table 3. A summary of the ratings for evaluation issues and questions is presented in Annex D.

Definitions of Standard Rating Statements:

Acceptable
The program has demonstrated that it has met the expectations with respect to the issue area.
Opportunity for improvement
The program has demonstrated that it has made adequate progress to meet the expectations with respect to the issue area, but continued improvement can still be made.
Attention required
The program has not demonstrated that it has made adequate progress to meet the expectations with respect to the issue area and attention is needed on a priority basis.
Not applicable
There is no expectation that the program would have addressed the evaluation issue.
Unable to assess
Insufficient evidence is available to support a rating.

4.1 Relevance

4.1.1 Continued Need for Program

Evaluation Issue: Relevance Rating
1. Is there a continued need for CARA? Acceptable

There is a demonstrated need for initiatives to address the significant health, environmental and economic impacts on Canada of air pollution, climate change and indoor air contaminants.

Air Pollution

Climate change

Indoor air contaminants

Alignment with Priorities and Strategic Outcomes

Evaluation Issue: Relevance Rating
2. Do CARA’s objectives align with federal government priorities and departmental strategic outcomes? Acceptable

The objectives of CARA are aligned with federal government priorities relating to air quality, climate change and sustainability as outlined in federal policy and budgetary commitments, as well as commitments made in the FSDS.

CARA is aligned to the strategic outcomes of EC and HC. Linkages with NRC’s strategic outcomes are appropriate to NRC’s targeted role in CARA.

Environment Canada Health Canada National Research Council

Strategic Outcome 3: Threats to Canadians and their environment from pollution are minimized.

Strategic Outcome 2: Canadians are equipped to make informed decisions on changing weather, water and climate conditions.

Strategic Outcome 2: Health risks and benefits associated with food, products, substances, and environmental factors are appropriately managed and communicated to Canadians. Strategic Outcome 1: Canadian businesses prosper from innovative technologies.

Consistent with Federal Roles and Responsibilities

Evaluation Issue: Relevance Rating
3. Is CARA consistent with federal roles and responsibilities? Acceptable

CARA is consistent with federal responsibilities as outlined under CEPA 1999 and there are several Acts that support the roles and mandates of EC and HC in CARA, as well as participation in international agreements.

Legislative Mandate
International Commitments

Given the shared responsibilities between the federal and P/T jurisdictions, mechanisms are in place or planned for multilateral and bilateral collaboration with the provinces/territories, which will help mitigate potential duplication.

4.2 Performance Efficiency and Economy

Evaluation Issue: Performance-Efficiency and Economy Rating
4. Is the design of CARA appropriate for achieving the intended outcomes? Acceptable

CARA’s design of gives it the appropriate capacity and flexibility to respond to an evolving policy direction and advance the government’s regulatory agenda. Processes and tools are in place to help determine the most suitable package of measures (regulatory or other non-regulatory instruments) to address air pollution and GHG emissions.

Evaluation Issue: Performance-Efficiency and Economy Rating
5. Are responsibilities and accountability for implementing CARA clear, appropriate and communicated? To what extent is the CARA governance structure clear and appropriate for achieving expected results? Opportunity for Improvement

While CARA is a complex, multi-faceted initiative, roles and responsibilities are clear and well-understood. Formal management and governance occurs at various levels, and a number of structures and mechanisms are in place to oversee and coordinate components under CARA. Opportunities for strengthening linkages between regulatory development and reporting activities in order to support harmonization and improve resource planning were nonetheless identified.

Evaluation Issue: Performance-Efficiency and Economy Rating
6. Is CARA being implemented efficiently and economically?Footnote25 Acceptable

Many aspects of CARA support efficient delivery, including partnering, processes to prioritize the expenditure of funds, and efforts to reduce the cost of consultations through the use of technology.

Evaluation Issue: Performance-Efficiency and Economy Rating
7. Are performance data being collected and reported against CARA outputs / outcomes? Acceptable

Performance measurement is occurring, and progress on key aspects of CARA is being reported through a number of public reporting initiatives. Performance measurement plans are also in place at the level of individual regulations.

4.3 Performance-Effectiveness

Evaluation Issue: Performance-Efficiency and Economy Rating
8. To what extent have CARA’s intended outcomes been achieved? See below.

As previously described, CARA’s performance was assessed against the eight immediate/intermediate outcomes presented in Annex B of this report. Findings associated with stakeholder collaboration and consultation pertain to outcomes relating to both air pollutant and GHG instrument development (outcomes v and vi) and are presented only once, under outcome vi.

Outcome i: Increased scientific knowledge about indoor and outdoor air quality conditions, greenhouse gases and health and environmental risks that informs policy, regulations/standards and information to Canadians. - Acceptable

An assessment of progress toward CARA’s three final outcomes is also provided. As noted in the limitations section, progress on longer term outcomes cannot be solely attributed to federal efforts under CARA, given the involvement of other jurisdictions.

CARA science has been conducted to address a broad range of air quality and climate change issues and has contributed to a greater knowledge of current and emerging issues both domestically and globally. CARA science has supported policy analysis, regulatory and standards development, and service delivery and has informed federal stakeholders working on transboundary issues and international negotiations. CARA science is conducted in a collaborative manner and is recognized by internal and external stakeholders to be of high quality.

Outcome ii: Data collection and reporting of GHG emissions and air pollutants that meets and/or exceeds domestic and international reporting requirements, while streamlining burden for sector organizations/industry. - Acceptable

CARA reporting activities allow EC to meet legally binding domestic and international obligations to report on GHGs and air pollutants, support the development of policy and regulations, and inform Canadians.

The single window (SW) system has been expanded and improved, resulting in a reduced reporting burden on users.

Outcome iii: Increased access and awareness among Canadians of the Air Quality Health Index (AQHI) and delivery of information on the environmental and health impacts and mitigation strategies related to outdoor air quality. - Acceptable

The number of communities where AQHI is delivered has risen over the evaluation period and is continuing to increase.

P/Ts, NGOs and other partners are conducting targeted communication campaigns and innovative marketing strategies, which are expected to increase awareness of the AQHI.

Outcome iv: Ongoing collaboration with the US on reduction of transboundary air pollution, including the consideration of a particulate matter annex to the Air Quality Agreement. - Acceptable

Since 1990, through cooperation with the US, there has been a reduction in the transboundary movement of air pollutants that cause acid rain and smog. On the issue of PM, ambient concentrations of PM2.5 have diminished significantly along the border. Recent analyses have concluded that the addition of a PM annex to the AQA is not currently required, although discussions are continuing between the countries on how best to address PM within the agreement.

Outcome v: Health-and environment-based ambient air quality standards and BLIERs (industrial emission standards) are developed collaboratively and endorsed by all jurisdictions. - Acceptable

There has been considerable success in securing broad endorsement for the development of ambient air quality standards and BLIERs through the establishment of the AQMS. These in turn are projected to lead to reductions in air pollutants from regulated sectors and to provide high net benefits from positive health and environmental impacts.

Independent of the AQMS and its associated measures, transportation sector regulations have also been developed under CARA that align with US and non-regulatory instruments to help reduce air pollution emissions.

Outcome vi: GHG regulations are developed and implemented in collaboration with stakeholders and supported by policy analysis and advice. - Opportunity for Improvement

N.B. The following discussion on stakeholder collaboration/consultation also pertains to outcome v on the development of air quality standards and BLIERS for air pollution.

Consultative mechanisms have been used under CARA to develop regulations, standards and non-regulatory instruments governing both air pollutants and GHGs. Stakeholders generally view the federal approach to consultations as a strength, though they did identify opportunities for improvement.

GHG regulatory development has been supported by policy analysis. GHG regulations have come into effect governing the transportation and coal-fired electricity generation sectors. While regulatory development work has occurred for oil and gas, Emissions Intensive Trade Exposed (EITE) and natural gas-fired electricity sectors, these regulations have yet to reach the publication stage.

During the time period under study, policy work in support of GHG regulatory development included:

To date, CARA regulations have been put in place to reduce GHG emissions from two of the largest emitting sectors: the transportation sector (23% of emissions) and the electricity sector (12% of emissions).Footnote41

Transportation Sector

Electricity Sector

At the present time, there are no regulations for the oil and gas and EITE sectors, two other large emitting sectors (25%, 11% of emissions respectively).Footnote44

The lack of progress on regulations to reduce GHG emissions is a cause for concern among many external interviewees and was also highlighted by the CESD.Footnote46 A great deal of work has been done to advance regulatory development, including regulatory drafting. In some cases, however, there have been delays in publishing regulations, owing to an evolving policy environment. According to documents and internal and external interviewees, one key concern, which relates in particular to GHG emissions regulations for the oil and gas sector, is whether regulations would have a negative impact on the sector’s competitiveness. Some of these interviewees have pointed out that at present there is limited scope for US alignment when it comes to GHG regulations governing the oil and gas sector given that the US has only recently moved to directly regulate GHGs, specifically methane, within this sector (although regulations on VOC emissions have been implemented, which has indirectly resulted in considerable methane co-benefits in the oil and gas sector). This divergence in regulatory prioritization may be due to the different emissions profile of the US, where power generation is deemed a prime area of opportunity for emission reductions given the high concentration of coal-fired generation and, as a result, has received more regulatory attention thus far than the oil and gas sector. In response to a recommendation from the CESD, EC has committed to strengthening its planning process in support of the government’s climate change agenda.Footnote47

Given that clean air and the regulation of GHG and air pollutant emissions is an area of shared jurisdiction, there is significant provincial interest in equivalency agreements for regulations under CEPA 1999 that would mitigate duplication, though there is limited experience with these complex agreements to date.

Outcome vii: Regulatees understand and comply with their obligations related to reporting requirements and GHG and air pollutant emissions. - Acceptable

Participation in compliance promotion/information sessions and regulatory development consultations, plus clearly defined technical requirements, have helped ensure that, overall, regulatees clearly understand their emissions and reporting requirements.

Outcome viii: Increased access to information and awareness among Canadians of the environmental and health impacts and mitigation strategies related to indoor air pollution. - Acceptable

Access to information and levels of awareness on indoor air quality -- in particular the risks associated with radon exposure -- have increased.

Final Outcome i: Reduced emissions of GHGs and air pollutants from regulated sectors while maintaining competiveness in these sectors - Attention Required (emissions of GHGs) / Acceptable (emissions of air pollutants)

During the time period under study, Canada’s progress on reducing GHG emissions has been limited.

Industrial emissions of smog forming air pollutants have declined steadily since 1990. Particulate matter emissions have for the most part remained stable since 2000, although decreases in southern Ontario and the US have resulted in significant reductions in regional concentrations.

Final Outcome ii: Reduced ambient concentrations of PM2.5 and ground level ozone. - Acceptable

Ambient concentrations of PM2.5 have decreased significantly along the Canada-US border. Declines in industrial emissions of smog forming air pollutants contributed to a 15% decrease in national peak ozone concentrations between 1998 and 2012.

Final Outcome iii: Canadians change behaviour to reduce exposure to air pollutants to improve their health. - Unable to Assess (behaviour change as a result of the AQHI) / Acceptable (behaviour change related to radon)

Although some studies have been conducted, there is insufficient information to assess the degree to which availability of the AQHI has led to behaviour changes.

There is some evidence that public awareness and knowledge of radon is translating into increases in testing. Construction codes and guidelines are changing to address radon in new buildings.

Unintended Outcomes: - Not applicable

No significant unintended outcomes of CARA were identified, either positive or negative.

Evaluation Issue: Performance-Efficiency and Economy Rating
9. Do CARA regulatory programs incorporate World Class Regulator attributes? Not applicable

5.0 Conclusions

Relevance

CARA is highly relevant and addresses a clear and demonstrated need for a continued effort to address the environmental and health effects of air pollution, climate change and poor indoor air quality.

CARA contributes to federal priorities aimed at minimizing environmental threats from air pollution and climate change, managing health risks and ecosystem impacts associated with air pollution, climate change and poor indoor air quality, and contributing to sustainable development.

CARA is aligned with the roles and responsibilities of its partner departments and with the legislative authority of EC and HC under CEPA 1999. CARA also supports the federal responsibility for transboundary pollution and the commitments related to emission reductions and reporting requirements in international agreements.

Performance - Efficiency and Economy

CARA, in its current form, continues to serve as an appropriate and flexible model for providing the capacity and expertise to carry out the federal agenda. Some challenges have been identified, however, with respect to recruiting and retaining qualified policy and scientific specialists and providing the necessary stability to support longer term planning, given the temporary nature of CARA funding.

The current governance mechanism is functioning effectively, and the roles and responsibilities of internal stakeholders are clear and well understood. However, an opportunity was identified to strengthen linkages between the regulatory and reporting elements of CARA and thereby ensure that reporting requirements are considered earlier in the regulatory development cycle. This will provide for better harmonization with existing regulatory reporting processes and improve resource planning for future enhancements.

Several aspects of CARA contribute to efficient delivery, including the use of partnering, processes for prioritizing the expenditure of funds, and efforts to reduce the cost of consultations through the use of technology.

Information on air pollution and climate change is available and publicly reported, although attributing changes in national emissions levels to CARA activities is a challenge. While performance measurement and evaluation plans are in place for some regulations, only limited information is available on their impact, as many regulations have yet to come into effect.

Performance - Achievement of Outcomes

Progress has been made towards achieving many CARA outcomes, including those related to expanding scientific knowledge, increasing ongoing collaboration with the US on the reduction of transboundary air pollution and ensuring that regulatees understand and comply with their obligations.

There is greater access to information and increased awareness of Canadians of indoor air quality issues. On the issue of radon, there is evidence of more frequent home testing, and the practices of the construction sector are evolving through changes to codes and guidelines governing radon.

Coverage of the AQHI has expanded over the study period, and numerous outreach efforts have been undertaken to boost awareness of the AQHI, although only limited data is available to measure behaviour change in response to these efforts.

Data collection and reporting of GHG emissions and air pollutants used to meet domestic and international reporting requirements, and enhancements to the SW system have resulted in a reduced burden on users. However, a need to continue expanding/adapting the system to accommodate new reporting requirements was identified.

Significant progress has also been made toward outcomes relating to the development of health- and environment-based ambient air quality standards and industrial emission standards, as well as final outcomes associated with lower emissions of air pollutants from regulated sectors and reduced ambient concentrations of PM2.5 and ground level ozone.

Regulatory development linked to both air pollution and GHG emissions has taken place in collaboration with stakeholders, and the members of working groups view the consultative process as a strength. Opportunities were identified for improving the consultation process and clarifying the evidentiary base of the resulting regulatory instruments.

Regarding progress on outcomes relating to GHG emissions, GHG regulations have been developed for the transportation and electricity sectors, two of the largest emitting sectors, and these are coming into force. Regulatory development work has also occurred for the oil and gas, EITE and natural gas-fired electricity sectors, although these regulations have not reached the publication stage owing to a number of external factors, including changes to the government’s broader climate change policy. As a result, emissions reductions and progress toward the achievement of Canada’s Copenhagen target on GHG emissions have been limited. Concerns in this area were raised by the CESD in its Fall 2014 report, and EC, in response, has committed to enhanced efforts in this area.

Equivalency agreements with P/Ts are emerging as a useful and potentially widely-used tool for minimizing regulatory duplication and offering flexibility in achieving equivalent policy outcomes. The communication of a clear framework for their use will be an important consideration moving forward.

6.0 Recommendations and Management Response

The following recommendations are based on the findings and conclusions of the evaluation. As the senior departmental official responsible for CARA, the recommendations are directed to the ADM ESB, working with CARA partners from other branches within EC and HC, as appropriate.

Recommendation #1: Strengthen and formalize linkages between the regulatory and reporting elements of CARA to better harmonize requirements for new and existing regulatory reporting and inventories and improve resource planning for future enhancements.

The evaluation identified an opportunity to enhance the integration of regulatory and reporting activities, to better support harmonization with existing regulations and ensure that new regulations minimize duplication or undue reporting burden. Also identified was a need to clarify commitments to expand/adapt the single window system in order to accommodate new reporting requirements under CARA and other federal and provincial programs and avoid duplication, improve data quality and further streamline reporting.

Management Response to Recommendation 1

The ADM of ESB agrees with the recommendation.

Management Action

The Science and Risk Assessment Directorate (SRAD) in the Science and Technology Branch (STB) administers three important reporting tools that generate information relevant to CARA: the NPRI, the GHG Inventory and the “single window” reporting tool. The ADMs of ESB and of STB have established a forum to improve inter-branch coordination. Among other topics, this forum is addressing opportunities for CARA regulatory initiatives to leverage information generated under the SRAD reporting initiatives and to contribute to enhanced and streamlined reporting. To that end, ESB is adding a requirement to the regulatory Quality Management System (QMS) to require regulators and SRAD staff to meet at the earliest stages of the regulatory development process in order to discuss opportunities to use or modify the reporting mechanisms that SRAD administers to provide information that would otherwise be required in the regulation itself.

Timeline Deliverable(s) Responsible Party
FY 2015-16 Addition of a QMS requirement for the engagement of SRAD (STB) during regulatory development DG, LRAD (ESB)
and
DG, SRAD (STB)

Recommendation #2: Develop and communicate a policy framework for equivalency agreements in order to facilitate clarity and consistency in their use, better understand future resourcing implications, and clarify expectations for provinces and territories.

Given that federal and provincial governments have a shared responsibility to protect the Canadian environment, CEPA 1999 includes the use of equivalency agreements as a tool for minimizing regulatory duplication and financial burdens, and offering flexibility in achieving equivalent policy outcomes. While one equivalency agreement has been finalized to date, it is expected that many more agreements will be requested by P/Ts over the next several years. There will be a need for clarity and consistency in developing equivalency agreements in order to optimize the potential benefits and support both efficient implementation and resource planning.

Management Response to Recommendation 2

The ADM of ESB agrees with the recommendation.

Management Action

ESB / Legislative and Regulatory Affairs Directorate (LRAD) is leading the establishment of a Community of Practice (CoP) in which ESB staff who have developed or have an interest in equivalency agreements will share experiences with their negotiation and development. The CoP aims to collect lessons learned as well as analyze similarities and differences experienced across agreements. The details of equivalency agreements vary significantly depending on the regulation and policies in place in the P/T partner concerned. CoP members will develop recommendations that LRAD will use to produce a policy framework on what equivalency agreements under CEPA should include and where divergence is to be expected.

Timeline Deliverable(s) Responsible Party
1. FY 2015-16
2. Dec 2016
1. Compilation from the CoP of lessons learned and experiences.
2. Development of a policy framework on CEPA equivalency agreements.
DG, LRAD (ESB)
and
DG, LRAD (ESB)

Recommendation #3: Develop and share best practices / tools for stakeholder consultation to increase the efficiency and effectiveness of the regulatory development consultation process.

While recognizing that consultations must be flexible and adaptable to meet specific sector and regulatory development needs, the experience of the CARA federal partners in managing consultations is likely to yield some useful lessons that may be applied to improve the effectiveness and efficiency of consultations across the spectrum of CARA instruments and, more broadly, within the regulatory development process used by participating departments. While the federal consultative approach was generally identified by external stakeholders as a strength, opportunities for improvement were also identified. These included the timing for initiating the consultation process, requests to provide appropriate timelines for responding to analysis/ information, greater engagement by NGOs and the need for better articulation of the evidentiary base of regulations.

Management Response to Recommendation 3

The ADM of ESB agrees with the recommendation.

Management Action

Consultation and collaboration are important features of CARA. Recognizing the diversity of stakeholders involved in the development of CARA regulations, it is important that consultation processes remain flexible, allowing them to be tailored to the needs of particular stakeholders and subjects. ESB / LRAD will lead the development of a document compiling best practices for regulatory consultations, drawing on the experiences of CARA regulators and feedback from stakeholders.

Annex A: Program Logic Model

Annex A program Logic Model-Clean Air Regulatory Agenda Logic Model
Long description for Annex A

Description: Annex A presents a logic model for the Clean Air Regulatory Agenda. The logic model is a graphical depiction of how activities and outputs associated with Canada’s Clean Air Regulatory Agenda relate to immediate, intermediate and final thematic outcomes for the CARA program. Program activities lead to outputs, which lead to immediate outcomes, then to intermediate outcomes and finally to the Final Thematic Outcomes.

Key Activities:

  • Science
  • Reporting
  • Policy
  • Regulation
  • Indoor Air Quality

Outputs:

Science

  • Scientific assessments of the health and environmental risks associated with air emissions and the potential benefits of reduced emissions
  • Annual State of the Air Report
  • Publication of peer-reviewed literature contributing to advancement of scientific knowledge
  • Availability of monitoring data and summary maps
  • Results from improved model capability are used to predict atmospheric conditions under various emissions scenarios

Reporting

  • National inventory reports on GHGs and Aps
  • AQHI forecasts and communication of related health messages
  • Single window reporting system for GHGs and air pollutants

Policy

  • Health-based Canadian ambient air quality standards
  • Support to the Canada U.S. Air Quality Agreement
  • Engagement for Horizontal Management and Accountability resulting in coherent reporting
  • Energy, emissions, & economic projection scenarios
  • Assessment of implications on the Canadian economy and economic sectors
  • Canada’s Kyoto Protocol National Registry upgraded & opened to private sector accounts

Regulation

  • GHG regulations - energy, transportation, and other industrial sectors
  • Air Pollutant Regulations and control measures - energy, transportation, consumer & commercial products and other industrial sectors
  • Compliance promotion products & actions
  • Regulatory administration; Emissions testing Enforcement: Inspections, investigations & enforcement measures
  • Environmental assessment advice

Indoor Air Quality (IAQ)

  • Effective intervention strategies to improve indoor air quality
  • Indoor Air Quality Guidelines, codes of practice and product standards
  • Targeted information and communication products to increase awareness of indoor air health risks and ways to reduce exposure
  • Partnerships with P/T to implement radon reduction programs

Immediate Outcomes:

  • Regulated sectors understand their regulatory obligations related to air pollutant emissions and comply with reporting requirements
  • Regulated sectors understand their regulatory obligations related to GHG emissions and comply with reporting requirements
  • Reporting burden is reduced for regulated sectors
  • Jurisdictions are informed of air quality conditions relative to ambient air quality standards
  • Canadian ambient air quality standards are endorsed by all jurisdictions
  • Negotiations initiated with the U.S. on incorporating Particulate Matter into the Canada U.S. Air Quality Agreement
  • Provinces provide increased access to the Air Quality Health Index (AQHI) under national implementation program
  • Partners in public health, other jurisdictions and NGOs distribute information to Canadians on health impacts and mitigation strategies related to indoor and outdoor air pollution

Intermediate Outcomes:

  • Regulated sectors comply with their regulatory obligations to reduce air pollutant emissions
  • Regulated sectors comply with their regulatory obligations to reduce GHG emissions
  • All Canadian jurisdictions implement adequate actions to ensure ambient air quality standards are met
  • Transboundary flows of air pollutants are reduced
  • Canadians are aware of strategies and tools to reduce exposure to air pollutants

Final Thematic Outcomes:

  • Reduced emissions of GHGs and air pollutants from regulated sectors while maintaining competitiveness in these sectors
  • Reduced ambient concentrations of PM2.5 and ground level ozone
  • Canadians change behaviour to reduce exposure to air pollutants to improve their health

Annex B CARA Evaluation-Outcomes

For the purpose of the evaluation, the outcomes presented below were used to assess performance. They were developed based on program documentation, input received from scoping interviews with program managers, and feedback from the Horizontal Evaluation Steering Committee. These outcomes incorporate the concepts from the CARA logic model while more closely reflecting the outcomes associated with the 5 activity elements of CARA. They represent a combination of immediate and intermediate outcomes, in order to avoid repetition in data collection for related concepts. That is, they take into account that there is a continuum from immediate outcomes to longer term intermediate outcomes.

Intended Outcomes (Immediate & Intermediate) Related activity element
i. Increased scientific knowledge about indoor and outdoor air quality conditions, greenhouse gases and health and environmental risks that informs policy, regulations/standards and information to Canadians. Science
Indoor Air Quality
ii. Data collection and reporting of GHG emissions and air pollutants that meets and/or exceeds domestic and international reporting requirements, while streamlining burden for sector organizations/industry.Footnote71 Reporting
iii. Increased access and awareness among Canadians of the Air Quality Health Index (AQHI) and delivery of information on the environmental and health impacts and mitigation strategies related to outdoor air quality. Reporting
(AQHI)
iv. Ongoing collaboration with the US on reduction of transboundary air pollution, including the consideration of a particulate matter annex to the Air Quality Agreement. Policy
Regulatory
v. Health-based ambient air quality standards and BLIERs (emissions intensity standards) are developed collaboratively and endorsed by all jurisdictions. Policy
Regulatory
vi. GHG regulations are developed and implemented in collaboration with stakeholders and supported by policy analysis and advice. Policy
Regulatory
vii. Regulatees understand and comply with their obligations related to reporting requirements and GHG and air pollutant emissions. Regulatory
Reporting
viii. Increased access to information and awareness among Canadians of the environmental and health impacts and mitigation strategies related to indoor air pollution. Indoor
Air Quality

Final Outcomes (from the CARA logic model):

Annex C Supplementary Expenditure Tables

CARA Expenditures by Department and Branch, 2011-2014 (000's)

Environment Canada

Branch 2011-2012
Actual
Average Maximum Total
Environmental Stewardship Branch $28,398 $28,728 27,616 $84,741
Science & Technology Branch $18,023 $21,985 $23,107 $63,115
Meteorological Service of Canada $7,994 $8,746 $8,316 $25,056
Strategic Policy Branch $4,690 $4,508 4,766 $13,964
Enforcement Branch $1,629 $862 $958 $3,449
Corporate Services & Legal $8,370 $8,706 $9,157 $26,233
PWGSC Accommodation $5,868 $5,056 $4,585 $15,509
Total Environment Canada $74,972 $78,590 $78,505 $232,067

Health Canada

Branch 2011-2012
Actual
Average Maximum Total
Healthy Environments & Consumer Safety Branch $16,704 $19,559 $17,335 $53,598
Regions and Programs Bureau 2,361 $2,076 $2,012 $6,449
Corporate Services 2,413 $2,373 $2,373 $7,159
PWGSC Accommodation $940 $940 $940 $2,820
Total Health Canada $22,418 $24,948 $22,660 $70,026

National Research Council of Canada

Branch 2011-2012
Actual
Average Maximum Total
Engineering Division $1,800 $1,800 $1,800 $5,400
Grand Total 99,190 $105,338 $102,966 $307,494

CARA Expenditures by Expenditure Category, 2011-2014 (000's)

  2011-2012
Actual
Average Maximum Total
Salary $51,917 $55,433 $57,506 $164,856
O&M $34,631 $38,001 $34,220 $106,852
G&C $1,530 $1,870 $1,852 $5,252
Capital $4,304 $4,039 $3,863 $12,206
PWGSC Accommodation $6,808 $5,996 $5,524 $18,328
Total $99,190 $105,338 $102,966 $307,494

Annex D: Summary of FindingsFootnote72

Relevance

Evaluation
Question
Acceptable Opportunity for Improvement Attention Required Not Applicable Unable to Assess
1. Is there a continued need for the CARA? Yes No No No No
2. Do CARA’s objectives align with federal government priorities and departmental strategic outcomes? Yes No No No No
3. Is CARA consistent with federal roles and responsibilities? Yes No No No No

Performance - Efficiency and Economy

Evaluation
Question
Acceptable Opportunity for Improvement Attention Required Not Applicable Unable to Assess
4. Is the design of CARA appropriate for achieving the intended outcomes? Yes No No No No
5. Are responsibilities and accountability for implementing CARA clear, appropriate and communicated? Is the CARA governance structure clear and appropriate for achieving expected results? No Yes No No No
6. Is CARA being implemented efficiently and economically? Yes No No No No
7. Are performance data being collected and reported against CARA outputs / outcomes? Yes No No No No

Performance - Effectiveness:

8. To what extent have CARA’s intended outcomes been achieved?

Evaluation
Question
Acceptable Opportunity for Improvement Attention Required Not Applicable Unable to Assess
i. Increased scientific knowledge Yes No No No No
ii. Data collection / reporting meet reporting requirements, while streamlining burden Yes No No No No
iii. Increased access to and awareness of the AQHI Yes No No No No
iv. Collaboration with the US on reduction of transboundary air pollution Yes No No No No
v. Air quality standards, emissions intensity standards and regulations are developed and endorsed Yes No No No No
vi. GHG regulations are developed and implemented No Yes No No No
vii. Regulatees understand and comply with their obligations Yes No No No No
viii. Access to information and awareness related to indoor air pollution Yes No No No No
Final outcome i: Reduced emissions from regulated sectors while maintaining competitiveness: Emissions of GHGs No No Yes No No
Final outcome i: Reduced emissions from regulated sectors while maintaining competitiveness: Emissions of air pollutants Yes No No No No
Final outcome ii: Reduced ambient concentrations of PM2.5 and ground level ozone Yes No No No No
Final outcome iii: Canadians change behaviour to reduce exposure to air pollutants to improve their health: As a result of the AQHI No No No No Yes
Final outcome iii: Canadians change behaviour to reduce exposure to air pollutants to improve their health: Related to radon Yes No No No No

Unintended outcomes

Evaluation
Question
Acceptable Opportunity for Improvement Attention Required Not Applicable Unable to Assess
9. Do CARA regulatory programs incorporate World Class Regulator attributes? No No No Yes No

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2018-12-06