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2009 Spring Report of the Commissioner of the Environment and Sustainable Development (CESD)

Chapter 1: Protecting Fish Habitat

Summary: The audit examined how Fisheries and Oceans Canada and Environment Canada carry out their respective responsibilities for fish habitat protection and pollution prevention under the Fisheries Act. It also looked at their arrangements with others, such as provinces and stakeholders that support the administration and enforcement of these provisions.

The audit found that Fisheries and Oceans Canada and Environment Canada cannot demonstrate that fish habitat is being adequately protected, as the Fisheries Act requires. The audit found that Environment Canada has not clearly identified what it has to do to fulfill its responsibility for the Fisheries Act provisions and that it does not have a systematic approach to addressing risks of non-compliance with the Act. 

Department Response: The audit made five recommendations either to, or that included Environment Canada. The Department has accepted all the recommendations and action to address them has already been completed or is under way.

For more information on this audit, go to www.oag-bvg.gc.ca/internet/English/parl_cesd_200905_01_e_32511.html

Chapter 2: Kyoto Protocol Implementation Act

Summary: The audit examined whether the Department can demonstrate that its annual climate change plans meet the requirements set out in the Kyoto Protocol Implementation Act (KPIA).

The audit found that the 2007 and 2008 climate change plans do not include all of the information required under the KPIA; the government could not demonstrate that reductions in emissions expected under the Regulatory Framework for Industrial Greenhouse Gas Emissions are based on an adequate rationale and the climate change plans overstate the emission reductions that can reasonably be expected from the Framework during the Kyoto period (2008–2012); the plans are not fully transparent as they do not disclose how expected reductions might be affected by such uncertain factors as future economic conditions; and while the Department has a system in place to report on Canada’s total greenhouse gas emissions, it has no system for reporting the actual emission reductions achieved from each measure in the annual climate change plans

Department Response: With the exception of the recommendation on the Regulatory Framework for Industrial Greenhouse GasEmissions, which is no longer applicable as the Framework is no longer a part of the climate change plan, the issues raised in the recommendations have been addressed in the report entitle A Climate Change Plan for the Purposes of the Kyoto Protocol Implementation Act (2010).

For more information on this audit, go to www.oag-bvg.gc.ca/internet/English/parl_cesd_200905_02_e_32512.html#hd5c

2009 Fall Report of the CESD

Chapter 1: Applying the Canadian Environmental Assessment Act (CEAA)

Summary: The audit examined whether 12 federal entities, including Environment Canada, are applying key provisions of the CEAA and regulations with due regard to the purposes of the Act.

The audit made specific observations concerning the Canadian Environmental Assessment Agency but generalized its findings relative to the other federal entities examined.

The audit found, in the case of screenings, that documentation supporting the determination of environmental effects is often weak, relying on checklists or generic statements, and providing limited or no analysis to demonstrate how effects were rated; and monitoring of mitigation measures and follow-up are insufficient. The audit also found that where there is more than one responsible authority, disputes about scope have caused serious delays, the Agency has not fully established a quality assurance program, and project files are maintained for most environmental assessments.

Department Response: The audit directed all recommendations to the Agency, to ensure that corrective actions would be directed to the whole federal community.
 
For more information on this audit, go to http://www.oag-bvg.gc.ca/internet/English/parl_cesd_200911_e_33253.html

Chapter 2: Managing the Risks of Toxic Substances

Summary: The objective of this audit was to determine whether Environment Canada and Health Canada have put in place an adequate risk management regime for seven selected toxic substances—lead, mercury, bis(2-ethylhexyl) phthalate or DEHP, chlorobiphenyls or PCBs, dioxins and furans, dichloromethane, and polybrominated diphenyl ethers or PBDEs.

The audit found that although Environment Canada and Health Canada have implemented a number of control measures to manage the risks posed by lead and mercury, there are no consolidated risk management strategies for managing the overall risks of these substances and the two departments lacked a systematic process for periodically assessing overall progress made in managing the substances examined. The audit also noted that new biomonitoring initiatives are under way that address a significant gap identified by the CESD 2002 audit on toxic substances. Findings specific to Health Canada’s responsibilities for consumer product labelling were also made.

Department Response: The audit made three recommendations that include Environment Canada. The Department has accepted all the recommendations and action to address them is under way.

For more information on this audit, go to http://www.oag-bvg.gc.ca/internet/English/parl_cesd_200911_e_33253.html

Chapter 3: National Pollutant Release Inventory (NPRI)

Summary: The focus of the audit was to determine whether Environment Canada has adequate quality assurance systems and practices in place for the NPRI, so that the Department is assured that the data in the NPRI is fit for the intended uses of its clients.

The audit found that while Environment Canada has carried out some activities to ensure that the data in the NPRI are relevant to the information’s intended purposes and users, it does not have a consistent approach to determining the information needs of users; and while it is working to improve data quality and make NPRI data accessible to users in a variety of ways on a timely basis, it does not have adequate systems and practices overall to ensure that NPRI data are fit for their intended uses.

Department Response: The audit made five recommendations to Environment Canada. The Department has accepted all the recommendations and actions to address the identified issues are already part of either current or planned initiatives to improve the NPRI.

For more information on this audit, go to http://www.oag-bvg.gc.ca/internet/English/parl_cesd_200911_e_33253.html

Chapter 4: Environmental Petitions

Summary: This chapter informs Parliament and Canadians about the use of the petitions process and describes the number, nature and status of petitions received, and the timeliness of responses from ministers. Of the 28 petitions submitted in 2008–2009, 23 were addressed to Environment Canada. The Department’s responses were late in eight cases.

This is an annual statutory report and contains no audit work or formal recommendations.

For more information on this audit, go to http://www.oag-bvg.gc.ca/internet/English/parl_cesd_200911_e_33253.html

2009 Fall Report of the Office of the Auditor General (OAG)

Chapter 1: Evaluating the Effectiveness of Programs

Summary: The objective of this audit was to determine whether selected departments and the Treasury Board of Canada Secretariat (TBS) are meeting the needs for effectiveness evaluation and are identifying and making improvements in effectiveness evaluation.

The audit found that while the six selected departments followed systematic processes to plan their evaluations and completed most of them, each department’s evaluations covered a low proportion of its total program expenses; many of the effectiveness evaluations reviewed did not adequately assess program effectiveness, often in part because needed performance information was unavailable or not sufficiently reliable; and departments have not been able to hire enough qualified evaluation staff (due to a general shortage of experienced evaluators) and made extensive use of contractors to meet requirements. The audit also noted that that Environment Canada was the only department audited that has formal continuous improvement practices in place.

Department Response: The audit made two recommendations that included Environment Canada. The Department has accepted the recommendations and action to address them has already been completed or is under way.

For more information on this audit, go to http://www.oag-bvg.gc.ca/internet/English/parl_oag_200911_e_33252.html

Chapter 6: Land Management and Environmental Protection on Reserves

Summary: This audit focused on whether Indian and Northern Affairs Canada and Environment Canada have met their responsibilities for land management on reserves, specifically with respect to transferring control of land management and providing essential environmental protection on reserve lands.

The audit found that while the federal government has the authority to regulate environmental threats on reserves, it has rarely used this authority to develop regulations to mitigate environmental threats that are regulated off reserves by provincial governments. Findings were also made that were specific to INAC’s responsibilities for monitoring and enforcing existing regulations, as well as for devolution.

Department Response: Two of the five recommendations contained in the audit included Environment Canada. The Department agreed with the recommendations, and action to address them is under way.

For more information on this audit, go to http://www.oag-bvg.gc.ca/internet/English/parl_oag_200911_e_33252.html

Audit of the Federal Student Work Experience Program (FSWEP) and subsequent appointments through bridging mechanisms

Summary: The objective of the audit was to determine whether 11 selected federal organizations including Environment Canada complied with the legislative and policy framework when they hired students for the first time through the FSWEP and when they used bridging mechanisms to appoint graduates who were formerly hired as participants in this program. The audit also examined whether the organizations had an appropriate framework in place to plan and monitor bridging appointments.

The audit found that overall, FSWEP is operating reasonably well as a staffing tool but identified areas for improvement. The findings, which do not identify individual departments, indicated that of the FSWEP appointments analyzed, 43 percent were satisfactory, 51 percent needed improvement and 6 percent were unsatisfactory. The audit also analyzed bridging appointments and noted that 38 percent were satisfactory, 24 percent needed improvement and 38 percent were unsatisfactory. The audit also noted that for the period under review, bridging appointment files were poorly documented, audited organizations had not integrated bridging appointments into their human resources plans and few of them monitored selection and appointment decisions to ensure that they respected the legislative framework and appointment values.

Department Response: The audit made four recommendations to audited departments and agencies and one recommendation to TBS. EC agreed with the recommendations and action to address them is under way.

For more information on this audit, go to http://www.psc-cfp.gc.ca/adt-vrf/rprt/2009/fswep-pfete/index-eng.htm