2.3 Part 3: information gathering, objectives, guidelines and codes of practice

The Canadian Environmental Protection Act (CEPA 1999) Part 3 contains broad provisions relating to the collection of environmental data and information, the conduct of research and demonstration projects and the development and publication of environmental guidelines. To assist the reader, information relating to this part of the Act has been separated into two subsections:

• Information Gathering and Environmental Data and Research; and
• Environmental Objectives, Guidelines and Codes of Practice.

Expected outcomes

The evaluation identified three expected outcomes for this component of Part 3:

1. Environmental conditions and impacts are monitored, tracked and reported.
2. Information extracted across disparate networks is extracted, analyzed and published in a way that influences internal decision-making and management by all levels of government.
3. Research and development and demonstration projects are supported.

Overview of the Act and its provisions

Part 3 authorizes the Minister of the Environment to establish environmental monitoring systems and to collect and publish data on environmental quality in Canada. Part 3 also authorizes the Minister to conduct research and studies on pollution control and environmental contamination.

Ministerial obligations

The evaluation found that all relevant Ministerial obligations are being satisfied:

• Section 44(1)(a) - Systems for monitoring environmental quality have been established, operated and maintained.
• Section 44(1)(d) - Inventories on environmental quality in Canada have been created and published regularly.
• Section 44(1)(e) - Demonstration projects have been conducted and publicized and pollution prevention and emergency preparedness plans have been prepared;
• Section 44 (1) (f) - A pollution prevention clearinghouse has been established.
• Section 47 - Guidelines respecting the use of information-gathering powers were developed and published.
• Section 48 - A national inventory of releases of pollutants continues to operate, as required under CEPA 1999.

Additional obligations Section 44 (1) (b) to complete research and studies have been addressed in areas such as pollution prevention, environmental contamination, ecosystems and hormone-disrupting substances. The requirement (under Section 44(1)(c)) to conduct research on the normal geochemical cycling of toxic substances has been partially met. Research in this area has been minimal.

Major accomplishments

Environmental quality monitoring programs have been maintained and enhanced. Examples include the National Air Pollution Surveillance Network,¹⁵ the Canadian Air and Precipitation Monitoring Network,¹⁶ the National Pollutant Release Inventory¹⁷ and the Ecological Monitoring and Assessment Network.¹⁸

Funding has been provided for air quality monitoring via the National Air Pollution Surveillance Network and the Canadian Air and Precipitation Monitoring Network, and the networks have expanded and improved across the country. In 2001, Environment Canada committed more than $29 million over five years to expand and refurbish federal and provincial networks for monitoring air quality and acid deposits at stations across Canada. As of 2002-03, there were 250 monitoring stations in 156 communities under the National Air Pollution Surveillance Network and 27 measurement locations for the Canadian Air and Precipitation Monitoring Network.

Research has been completed at Environment Canada's science institutes (e.g., the Environmental Technology Centre¹⁹ and National Water Research Institute²⁰) in the following areas: air quality, biotechnology, hormone-disrupting substances, metals, toxics, water quality and wildlife. Demonstration projects and pollution prevention success stories are listed on Environment Canada's Canadian Pollution Prevention Information Clearinghouse web site.²¹

Technology developmenthas been conducted, particularly in the areas of emergencies science, contaminated sites and emissions control.

Implementation of priority actions

Work has been initiated on all three identified priority actions:

1. Better science/policy linkages developed through effective priority setting and emerging issue identification - Environment Canada's approach has been to secure stakeholder input in the selection of science priorities and projects and to improve the communications of scientific results to policy-makers. Additionally, efforts have been made at a departmental level to better integrate and manage science, by making horizontal links to policy issues.
2. Improved coordination of activities across Science and Technology Centres - Undertakings such as the Department's Laboratory Coordinating Committee and the interdepartmental Assistant Deputy Minister Science and Technology Integration Board are examples of the Department's efforts to improve coordination of science programs internally and across departments.
3. An established monitoring and reporting focal point - The Risk Assessment Directorate now has the responsibility to establish a monitoring and reporting focal point to ensure that CEPA-related information is drawn and reported on from monitoring systems. A strategic overview of the function has been developed for consultation and approval purposes, along with a business case for identifying and securing required resources. Key job descriptions have been developed, and staffing efforts are now under way.

Issues and challenges

It is difficult to assess the sufficiency or quality of environmental data and research to support all parts of CEPA 1999. The Act is not explicit in articulating the level of effort to be applied in the mandated research areas. At the same time, the Department has not established or communicated specific targets or performance indicators to measure and report on progress in these areas.

External stakeholders were very critical of the Department's more limited efforts, in recent years, in the area of state of the environment. Two major strategies have been developed to communicate integrated environmental information (Knowledge in the Service of Canadians and the Canadian Information System for the Environment). Neither has been funded or implemented. The Department is working on implementing the National Round Table on the Environment and the Economy's recommendations to create several indicators of environmental quality (including indicators for air and water). The indicators are to be integrated on a media-specific basis. A large quantity of information will have to be integrated to create these indicators. A new structure has been established in the Department, in early 2005, to provide a single integrated monitoring team under the Ecosystem Sustainability Board.

Conclusions

The expected outcome that environmental conditions and impacts are monitored, tracked and reported (e.g., air quality) is likely to be achieved.

The expected outcome that information across disparate networks is extracted, analyzed and published in a way that influences internal decision-making and management at all levels of government is likely to be met in part only. While integrated information to influence decision-making exists for some issues, there has been no Department-wide, national integration of all CEPA-related information. However, the development of an integrated plan is now under way through the Ecosystem Sustainability Board.

Additionally, the expected outcome that research and development and demonstration projects are supported is being achieved, in part.

Expected outcomes

The evaluation identified one expected outcome for this component of Part 3:

1. The behaviour of Canadians, and industry in particular, is influenced by guidelines and codes.

Overview of the Act and its provisions

Part 3 of the Act requires the Minister of the Environment to issue objectives, guidelines and codes of practice for preserving environmental quality. The Act also requires the Minister of Health to issue objectives, guidelines and codes of practice with respect to the elements of the environment that may affect the life and health of the people of Canada.

Ministerial obligations

The evaluation found that all relevant Ministerial obligations are being satisfied:

• Section 54 - Environmental quality codes of practice and guidelines have been issued and published; offers to consult with provinces/territories and Aboriginal governments have been completed.

Major accomplishments

Major accomplishments in this area include the following:

• Four Codes of Practice and five CEPA Guidelines have been published (see Appendix IX).
• Environment Canada also contributed to the development of several national guidelines under the auspices of the Canadian Council of Ministers of the Environment.
• A review of conformance against the steel sector Codes of Practice was conducted, and the codes are being reviewed and updated.
• The Department has measured and reported on the impact of the guideline concerning Recommendations for the Design and Operation of Wood Preservation Facilities.

Issues and challenges

Environment Canada lacks mechanisms to ensure that the intended benefits of all issued Codes of Practice or Guidelines are achieved.

There is limited evidence of attempts to assess the use and relative effectiveness and efficiency of Guidelines or Codes of Practice.

Conclusions

The degree to which the expected outcome of the behaviour of Canadians and particularly industry being influenced by guidelines and codes has not been determined. Federal and Canadian Council of Ministers of the Environment guidelines likely are referenced in provincial approval processes, but the actual use of the guidelines by other jurisdictions and the associated impacts of the guidelines are currently not measured or reported.

More work needs to be done to measure and report on the impacts of CEPA 1999 Guidelines and Codes of Practices, as well as Canadian Council of Ministers of the Environment Guidelines.