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2001 October Report of the Commissioner of the Environment and Sustainable Development

Main Points

7.1 The environmental petitions process under the Auditor General Act provides a formal means for Canadians to bring their concerns about environmental issues to the attention of federal ministers and departments and obtain a response to their concerns. For example, through the process, citizens and organizations can ask federal ministers to explain federal policy, investigate an environmental problem, or examine their enforcement of environmental legislation.

7.2 The Commissioner of the Environment and Sustainable Development is responsible for handling environmental petitions on behalf of the Auditor General of Canada. The Commissioner co-ordinates the process, monitors responses, and makes sure that the questions that Canadians pose and the issues that they raise are addressed by federal ministers and their departments.

7.3 Although the environmental petitions process was established back in December 1995, it is virtually unknown to Canadians. One of the key priorities for the Commissioner is to make the public more aware of the process and provide guidance on preparing and submitting environmental petitions. We are taking steps to try to ensure that the petitions process works as effectively as possible, such as following up on departmental commitments outlined in petition replies and considering the subject matter of petitions for future audits or studies.

7.4 If you have concerns about an environmental or sustainable development issue and would like some answers, you should consider using the environmental petitions process under the Auditor General Act.  

Introduction

7.5 The petitions process was created almost six years ago as a result of an amendment to the federal Auditor General Act. It provides a formal means for Canadians to bring their concerns about environmental issues to the attention of federal ministers and obtain a response to their concerns. For example, through the process, citizens and organizations can ask federal ministers to explain federal policy, investigate an environmental problem, or examine their enforcement of environmental legislation.

7.6 This chapter is intended to make the environmental petitions process more understandable and accessible to Canadians. We hope that the chapter stimulates your interest and gives you some insight into the potential benefits of the process. This chapter presents the following:

The Environmental Petitions Process Under the Auditor General Act

What is an environmental petition?

7.7 The environmental petitions process retains the idea behind a traditional petition—a formal request to an authority or governing body. However, there are important differences.

7.8 Numerous signatures are not required. An individual, organization, municipality, or corporation can initiate an environmental petition.

7.9 A simple letter is enough. Unlike the formalities of a traditional petition, an environmental petition can take any form as long as it is in writing.

7.10 Petitions are first sent to the Auditor General of Canada. The Commissioner, on behalf of the Auditor General, forwards petitions to the appropriate departments and monitors replies.

7.11 Environmental concerns must be at the root of a petition. Petitions must address an "environmental matter within the context of sustainable development".

7.12 Only certain federal departments and agencies are involved in the process. Exhibit 7.1 lists the 25 organizations subject to the process. Exhibit 7.2 provides a snapshot of the process.

Environmental petitions—a better option

7.13 Canadians have always been able to write to federal ministers or departmental officials and get answers. However, the petitions process offers a formal mechanism for bringing environmental concerns to the government's attention. Federal ministers who receive petitions are compelled to provide a response within 120 days. The Commissioner monitors ministers' replies and reports on petitions in her annual report to the House of Commons.

7.14 Environmental petitions are a way to raise the profile of particular issues with parliamentarians, the media, the general public, and the Commissioner. They can also be an effective way to obtain concrete responses from federal departments, as illustrated by one petition that has worked its way through the process.

Who can participate in the environmental petitions process?

7.15 Any individual, organization, corporation, or municipality residing in Canada can submit an environmental petition. For example, a petitioner could be one of the following:

  • a retailer who wants to know how the federal government is handling the risks associated with genetically modified food;
  • a northerner who would like to be involved in consultations on harvesting of the forest resource north of 60° latitude;
  • a municipality that would like to know what kind of federal regulations are going to be put in place to reduce smog and emissions of greenhouse gases; or
  • an environmental organization that wants to know whether refineries are complying with new federal fuel regulations.
What kinds of requests can be made?

7.16 As a petitioner, you can approach environmental matters and concerns from various angles. Some examples follow:

  • If you think that a federal law or regulation is being broken or is not being enforced, you can ask federal departments to investigate.
  • If you are unclear about federal policy in a particular area, you can ask the government to explain it to you.
  • If you have concerns about existing environmental laws, regulations, or policies, you can ask that they be reviewed. If you suggest improvements, you can request a response to your suggestions.
  • If you are unclear about the involvement of a particular department in an issue, you can ask for clarification.
  • If you want to know what action has been taken to fulfill a public commitment made by a minister, you can ask for details.
  • If you want to know what a department is doing to reduce the environmental impacts of its operations and practices, you can ask the department to provide you with details.

7.17 A guide to preparing environmental petitions provides details on how you can participate in the process. 

Our petitions report

7.18 We begin with a look at petitions dating back to December 1995. Appendix A provides details on current petitions—those that have been received or responded to since the last Commissioner's report in May 2000. Appendix B is a list of petitions received prior to 2000.

Petitions retrospective (December 1995-15 July 2001)

7.19 Few petitions have been submitted to date. Only 32 environmental petitions have been received since the process was established. Things started out slowly, with one petition received in 1996 and then seven in 1997. Use of the petition process peaked in 1998 with a total of 11 petitions. Since then, petition numbers decreased to seven in 1999 and then to six in 2000. Six petitions have been received in 2001 (by mid-July 2001).

7.20 Since the Commissioner's last report in early May 2000, a total of 11 petitions were received and forwarded to federal departments. Replies have been received for six of those petitions.

7.21 Departments engaged in the environmental petitions process. Roughly half of the 25 departments and agencies that are subject to the process have been asked to respond to petitions. As at 15 July 2001, ministers had replied to petitions on behalf of the following departments: Agriculture and Agri-Food Canada, Atlantic Canada Opportunities Agency, Department of Canadian Heritage, Department of Foreign Affairs and International Trade, Environment Canada, Fisheries and Oceans, Health Canada, Indian and Northern Affairs Canada, Industry Canada, Natural Resources Canada, Parks Canada Agency, Transport Canada, and the Treasury Board Secretariat. In several cases, petitions were forwarded to more than one department. Joint responses, provided on behalf of two or more departments, are becoming more common.

7.22 The Minister of Fisheries and Oceans has been asked to reply to the largest number of petitions (14). The Minister of the Environment has also received a large number (13).

7.23 Departments appear to be making a real effort to reply to petitions as required under the statute (within 120 days of receipt). This contrasts with earlier years, when some departments were not meeting the deadlines on a consistent basis.

What are Canadians concerned about?

7.24 Petitions demonstrate the range of environmental and, more broadly, sustainable development issues that Canadians care about. The scope of the issues also illustrates the extent to which the federal government, through its laws, policies, programs, and activities, exerts an influence on the environment and on sustainable development at all levels—local, regional, national, and international.

7.25 Many petitions have addressed concerns that are local in nature. In one case, a petitioner was concerned about discharges into air and water from a local paper mill. It was alleged that enforcement of federal pollution regulations was weak and that the community living downstream of the mill was suffering as a result. In other examples, petitions have centred around specific projects such as the construction of a dam, bridge, or golf course.

7.26 In some cases, local problems raise broader questions that are relevant to the national scene. For example, when the toxic substance trichloroethylene (TCE) contaminated the drinking water supply of a small rural community, petitioners from the community asked that the Canadian Drinking Water Guideline for TCE be made more stringent and action be taken to regulate TCE under the Canadian Environmental Protection Act (see insert, Petition on trichloroethylene).

7.27 Federal policy covering such issues as sustainable transportation and biotechnology has been highlighted through environmental petitions. For example, biotechnology policy was examined as part of a petition seeking clarification on the role of the federal government in the release of genetically modified organisms into the environment.

7.28 Few petitions have focussed on Canada's activities in the international sphere. In one case, petitioners expressed concern about the potential effect of the now defunct Multilateral Agreement on Investment on social equity, environmental protection, public health protection, and sustainable development. Only two petitions have addressed Canada's fulfillment of its commitments under international environmental conventions and agreements.

7.29 Fisheries and environmental assessment are important issues for Canadians. If numbers are any indication, fisheries and environmental assessment are important issues for Canadians. Fisheries-related matters were the subject of 14 petitions overall. Issues ranged from habitat destruction to conservation, aquaculture, and genetically modified fish. A large number of petitions focussed on federal departments as "responsible authorities" under the Canadian Environmental Assessment Act. Many of the specific projects or undertakings identified in the petitions were the subject of an environmental assessment under the Act.

7.30 Other significant issues. Other issues that received a fair amount of attention through the petitions process were the following:

  • Environmental and health concerns. In addition to the petition on the toxic substance TCE, petitions have addressed ozone depletion, pesticide use, and fuel additives.
  • Sustainable development north of 60° latitude. Petitions have focussed on the Canadian Mining Regulations and logging of the boreal forest in the Yukon Territory.
  • Sustainable transportation. Petitioners want to see the federal government take a more active role in supporting public transit and other more "environmentally friendly" modes of transportation.

7.31 Several new issues have emerged since the Commissioner last reported in May 2000; these include biotechnology, wildlife protection, threats to parks located on federal lands, aquaculture, and the decommissioning of railway lines.

7.32 Exhibit 7.3 lists the issues covered by petitions and identifies each petition by number. The summaries provided in Appendices A and B provide more information on individual petitions and ministers' replies.  

Getting more mileage from the process

7.33 Given that the petitions process has been in place for over five years, we decided that it was time to step back and consider what had been gained by the process over the years. What kind of impact has the petitions process had on federal departments, on parliamentarians, and the general public? Has the process improved protection of the environment by federal departments and led us further along the path toward an environmentally sound and sustainable future? Could we be doing more to realize the full potential of the process? These questions were very much on our minds when we started our petitions review project in the spring of 2001.

Our review

7.34 As part of our review, we spoke to several individuals and organizations that had launched petitions during the past few years. We also met with departments that had been involved in the process, and we compared our approach with other agencies that oversee similar public accountability processes.

7.35 Some petitioners suggested that the process was of limited value because their petitions and the replies that they elicited seemed to disappear into a "black box." They saw little evidence that the Commissioner was taking notice of the issues in their petitions or of the quality of the responses provided by departments. Nor did they see the Commissioner drawing attention to the issues covered in petitions, aside from the brief summary provided in the Commissioner's annual report. Other petitioners remarked on the lack of information or guidance on the petitions process.

7.36 The overall message that we received from petitioners was loud and clear. While the Office has performed its basic petitions function as outlined in the Auditor General Act—acting like a petitions clearing house and providing a brief status report on petitions to the House of Commons every year—it should change its approach in order to ensure that the process works as effectively as possible. Otherwise, the process will be of limited value.

New initiatives

7.37 We concluded that we can do more to fully realize the potential benefits of the process. Making the process more accessible and understandable to Canadians is a key priority. This chapter and the guide that it contains should move us forward in that direction. Our other new initiatives are described below:

  • Developing an online petitions catalogue. The petitions catalogue is an electronic listing that will form part of our new "petitions corner" on the Office's Web site (www.oag-bvg.gc.ca). Petitions and the replies that they elicit from federal ministers will be posted on our site. However, in order to comply with the Privacy Act, we will first seek the consent of petitioners.
  • Monitoring departmental replies more closely. The Commissioner monitors petition replies to determine whether federal ministers and their departments are providing considered responses to the issues raised and the requests made through petitions. In doing so, the Commissioner will consider, at a minimum, whether the minister has provided a substantive (detailed and factual) response to the petitioner's request(s).
  • Auditing. The Commissioner will consider the subject matter of petitions for future audits or studies that she conducts as part of her ongoing responsibilities.
  • Following up on commitments. On a selective basis, the Commissioner intends to track departments' progress in carrying out commitments outlined in their petition replies.
  • Tracking trends. If petitions become more numerous, the Commissioner hopes to monitor, track, and report on significant themes or issue areas and provide more substantive information on these issues to parliamentarians and the general public.  

A guide to preparing environmental petitions

How can you participate?

7.38 This section of the chapter guides you through the steps required to prepare a petition document. We discuss the form the petition should take, the information that should be provided, how to prepare your petition request, and where to send the petition.

Initial questions

7.39 Before you begin to prepare your petition, you need to consider the following questions:

  • Is the matter that you want to address covered by the petitions process? Is it an environmental matter in the context of sustainable development?
  • Is the matter or subject of the petition a responsibility of one of the 25 departments and agencies subject to the process?

If the answer is "no" to any of these preliminary questions, then the petitions process will not work for you. You may want to consider other ways to get the answers that you need (see Exhibit 7.4).

What is meant by an "environmental matter in the context of sustainable development"?

7.40 Although this question may seem quite daunting, it really is not. If you are concerned about an environmental matter, then the petitions process applies. The reference to "sustainable development" is not intended to restrict the kind of environmental matters that can be addressed through a petition. Rather, it is included to reinforce the idea that environmental concerns or issues do not exist in a vacuum. The concept of sustainable development recognizes the interconnections between human beings and the natural environment and the links between economic and social development and environmental protection. Reconciling and integrating all these aspects is at the core of sustainable development.

7.41 The emphasis on environmental matters recognizes that the environment is at the heart of the equation. A healthy environment is critical for a prosperous economy and for our social well-being. It is the source of the resources we consume and use to produce goods and services. Without the earth's natural support system, we, and all other species on the planet, would not survive.

7.42 Some of the ways that federal departments can help achieve the goal of sustainable development are described in the Auditor General Act as follows:

  • integrating the environment and the economy;
  • promoting equity;
  • respecting nature and the needs of future generations;
  • protecting the health of Canadians and ecosystems;
  • meeting international obligations;
  • preventing pollution; and
  • adopting an integrated approach to planning and making decisions that takes into account the environment and natural resource costs of different economic options and the economic costs of different environmental and natural resource options.
Federal organizations subject to the environmental petitions process

7.43 Twenty-five departments and agencies are subject to the petitions process. They are listed in Exhibit 7.1.

7.44 You may suggest that we submit your petition to a particular minister, but note: the Commissioner makes the final determination on whether a department is a "responsible" department and therefore obliged to respond to a petition.

7.45 To find out more about the scope of environmental and sustainable development activities at the federal level, you may wish to review the sustainable development strategies that are prepared every three years by certain federal departments and agencies. They are the same federal organizations that are required to reply to petitions under the Auditor General Act. These strategies are available directly from departments, or they can be accessed through departmental Web sites or through links on our Office's Web site.

7.46 Other sources of information on federal departmental roles and responsibilities include departmental reports on plans and priorities and performance reports.

What should a petition contain?

7.47 The following are some suggestions for developing a petition.

  • Prepare a covering letter. Although not necessary, you may find it useful to prepare a covering letter for your petition. In that letter you would indicate that you are submitting a petition under the Auditor General Act, and you would enclose the petition document as an attachment.
  • Provide a background information section. Setting out the facts and circumstances giving rise to the petition is important for a number of reasons. First, it provides the information necessary to satisfy the Commissioner that the request should be treated as a petition under the Auditor General Act. Second, it provides the context for your petition request and provides the minister and department with enough information to enable them to formulate a response. It may also be useful to provide information, if available, on the involvement of federal departments in the issue of concern.
  • Articulate your petition request—a critical stage in the process. Once you have laid out the background facts giving rise to your petition, you need to formulate your petition request. You may find it useful to consider the following questions.

What kind of information would you like to know?

What do you want federal departments to do?

Do you have any suggestions that you wish to put forward?

  • Provide supporting information. If you have written reports or other material that support the issues raised in your petition, you may wish to reference them and provide a copy with your petition. We will ensure that the supporting material forms part of the package that is forwarded to a minister.
  • Sign and date your petition. Don't forget to include your address. You need to provide an address in order to establish that you are a resident of Canada and are therefore eligible to submit a petition to us.
  • Send your petition to the Auditor General of Canada. The address is provided at the beginning of this chapter.

7.48 The Commissioner's staff will assist you with any questions that you may have about the environmental petitions process.  

Conclusion

7.49 Canadians need tools and mechanisms to help them determine whether governments are taking environmental and sustainable development concerns seriously. The Auditor General Act provides for such a mechanism—the environmental petitions process.

7.50 One of the Commissioner's key priorities is to make the public more aware of the process. We also intend to change the way we approach our petitions function so that we get more mileage from the process. This chapter is the first step toward realizing these objectives.

7.51 If you have concerns about an environmental or sustainable development issue and would like some answers, we invite you to use the petitions process under the Auditor General Act.