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2008 March Status Report of the Commissioner of the Environment and Sustainable Development

Main Points

What we examined

We sought to determine whether National Defence had made satisfactory progress in addressing key observations from our 2004 audit concerning military dumpsites off Canada's Atlantic coast. In 2004, we noted that the federal government was taking action to identify and assess the risks of these sites in accordance with its response to a petition in 2002. National Defence indicated that it was on target to complete work by 2006 on the Underwater Unexploded Explosive Ordnance (UXO) Project and by 2008 on the Warfare Agent Disposal Project. We made no recommendation in 2004 because it was too early to determine whether the Department would meet the timelines set.

Why it's important

A legacy of chemical, biological, and unexploded explosive ordnance remains from various military activities over the past century at land-based sites across Canada and off its coasts. Historically, these sites have posed only a small risk to Canadians because of their remote locations. Since the end of World War II, however, the sites have faced encroachment from offshore petroleum activities, human interaction, and ocean trawling. Encounters with unexploded explosive ordnance have caused injuries and a number of fatalities since 1940.

What we found

Progress is satisfactory. National Defence has made satisfactory progress in carrying out its commitments to identify and assess the risks of unexploded explosive ordnance and/or chemical and biological warfare agents in ocean-based dumpsites. However, we noted that the identification and risk assessment of these sites are only the first steps in a long-term management approach that will now include almost 700 ocean-based sites and more than 700 land-based sites containing unexploded explosive ordnance.

National Defence has responded. The Department agrees with our recommendation regarding the development of a consistent methodology for charting underwater unexploded explosive ordnance sites on nautical charts and has begun to address it.

Introduction

13.1 Military activities over the past century off Canada's Atlantic coast have resulted in numerous shipwrecks and other sites where unexploded explosive ordnance (UXO) may be present. In addition, at the end of World War II, Canada was one of the countries that disposed of excess chemical and explosive ordnance in ocean waters. National Defence reports that shipwrecks and ocean disposal together have left about 700 sites where unexploded explosive ordnance may be present, 3 of which are known to be warfare agent disposal sites. Ocean disposal of warfare agents and unexploded ordnance was acceptable at the time, but Canadian law has prohibited the practice since 1975. A legacy of chemical, biological, and unexploded explosive ordnance remains from these activities, as well as from National Defence's weapons training activities at land-based sites across Canada and on its coasts.

13.2 Historically, these sites have posed only a small risk to Canadians because of their remote locations. However, since the end of World War II, the sites have faced encroachment from off-shore activities, including petroleum exploration and ocean trawling associated with fishing activities. Urban growth has also encroached on previously isolated land-based and inland water sites with residual UXO. Encounters with unexploded explosive ordnance have caused injuries and a number of fatalities since 1940. Documentation provided by National Defence notes that over time the risk posed by these sites increases because of the combination of increased access by the public and the nature of the explosive risk.

National Defence committed to assessing the risks

13.3 Petition 50A, submitted in March 2002, posed questions about the presence of chemical warfare agents and munitions in military dumpsites off Canada's east coast. The petitioner expressed concern about whether all sites had been identified and the potential risks assessed, and whether known sites were adequately marked on charts. Among other things, the petitioner requested that a moratorium be placed on all gas and oil exploration in the near-shore and offshore areas of Canada's Atlantic coast, and that all dumpsites be declared exclusion zones for commercial ground fishing.

13.4 In its response to the petition, National Defence committed to carrying out projects that would continue to identify sites containing chemical and biological warfare agents and ocean disposal sites of conventional munitions, including shipwrecks. The Department also committed to assessing the risks to human health and the environment, and to setting priorities for subsequent cleanup or other appropriate action. Through the Canadian Hydrographic Service, Fisheries and Oceans Canada committed to charting military dumpsites on the basis of information provided to it by National Defence.

What we found in 2004

13.5 In the Commissioner's 2004 Report, Chapter 6, we reported that the government was taking action to implement its commitments concerning historical military dumpsites off Canada's Atlantic coast. National Defence was leading the efforts. We made no recommendation at that time because it was too early to determine whether the departments involved would meet the timelines set. At the time of the audit, National Defence indicated that it was on target to complete its work by 2006 on the Underwater Unexploded Explosive Ordnance Project and by 2008 on the Warfare Agent Disposal Project. We also found that the departments involved were taking steps to fulfill their commitments to communicate with stakeholders and had only just begun to take action on their commitment to develop a contingency plan.

Focus of the audit

13.6 We sought to determine whether National Defence and Fisheries and Oceans Canada had made satisfactory progress in addressing selected key observations from our 2004 audit.

13.7 More details on the audit objective, scope, approach, and criteria are in About the Audit at the end of this chapter.

Observations and Recommendation

National Defence is making progress in identifying and assessing risks

13.8 Progress is satisfactory. We analyzed a wide array of studies, reports, and physical site assessments either commissioned or conducted by National Defence to identify and assess the risks of sites with unexploded explosive ordnance or chemical warfare agents, including historical military dumpsites. Although historical research is ongoing, our analysis confirmed that National Defence is making progress in identifying and assessing the risks of these sites (Exhibit 13.1). The unexploded explosive ordnance (UXO) sites have now been included in the broader Unexploded Explosive Ordnance and Legacy Sites Program, which has a mandate to identify and assess the risks of all ocean- and land-based UXO sites in Canada. Under the Warfare Agent Disposal Project, the Department has also made progress in identifying and assessing the risks of ocean- and land-based sites where chemical and/or biological warfare agents may still exist as a result of past defence activities.

Exhibit 13.1—National Defence initiatives pertaining to ocean- and land-based unexploded explosive ordnance and warfare agent disposal sites

13.9 The Atlantic Underwater Unexploded Explosive Ordnance Project was completed in 2006. This project was established to identify and assess the risks posed by underwater UXO sites off Canada's Atlantic coast. During our 2004 audit, National Defence indicated that the project was to be completed by 2006. Given the complexity of the work, we are satisfied with the progress made. Department officials have identified 610 sites where unexploded explosive ordnance may be present. Of these, 47 high-risk sites have been identified and a preliminary risk assessment of each site has been completed. However, historical research is ongoing and we noted that National Defence does not make full use of information held by other organizations, including off-shore petroleum boards, which may help identify underwater explosive ordnance sites. National Defence could possibly identify additional sites by reviewing other documents that were not included in the historical research undertaken in 2001.

13.10 The Pacific Underwater Unexploded Explosive Ordnance Project is scheduled for completion in 2009. This project was established in 2004 to identify and assess the risks posed by underwater UXO sites off Canada's Pacific coast. Department officials told us they have identified 88 sites where unexploded explosive ordnance may be present. Of these sites, 20 high-risk sites have been identified and a preliminary risk assessment of each site has been completed. This project is now being managed under the Unexploded Explosive Ordnance and Legacy Sites Program. We are satisfied with the progress made.

13.11 The Unexploded Explosive Ordnance and Legacy Sites Program was established to manage all UXO sites. In 2006, National Defence transferred the Atlantic and Pacific projects into the new Unexploded Explosive Ordnance and Legacy Sites Program, which has a mandate to identify and assess the risks of all ocean- and land-based unexploded explosive ordnance sites within Canada's boundaries. All sites will undergo risk assessments using the same methodology to ensure that attention is directed to the highest-risk sites. National Defence was able to identify 698 ocean-based sites within Canadian waters and more than 700 land-based sites. Officials noted that certain land-based sites present a more immediate and potentially higher risk to Canadians because of their accessibility and proximity to major population centres. The Department told us that all of the site identification and preliminary risk assessment work for the ocean-based sites is to be completed by 2009, with a subsequent schedule to be established for managing or remediating the sites. A timeline for assessing the risks of the land-based sites has not yet been established. Some risk management and remediation activities are under way. The Department also told us that it will seek funding for the remediation of high-risk sites once all of the risk assessments are completed.

13.12 The Warfare Agent Disposal Project is scheduled for completion in 2008. The objective of this project is to identify and assess the risks of all ocean- and land-based sites containing chemical and biological warfare agents. During our 2004 audit, National Defence indicated that this project was to be completed by 2008.

13.13 National Defence identified 111 sites, of which 4 required further assessment. These include 3 ocean-based sites that have been charted by the Canadian Hydrographic Service and that are undergoing site-specific assessments. These assessments will include current research on factors affecting the chemical warfare agents, including salinity, temperature, ocean currents, and degradation of storage containers. The assessments will not include samples of the soil, water, or marine life. The site-specific assessments are scheduled to be completed by April 2008 and will determine the Department's ongoing management of these sites. A detailed physical assessment of a land-based site under private ownership was done in 2007, and no evidence of residual warfare agents was identified. National Defence has made satisfactory progress on the Warfare Agent Disposal Project, given the complexity of the issues.

13.14 A contingency plan and communication programs have been developed. Based on our observations from the 2004 audit, we expected to find a contingency plan in place for dealing with a possible ecological disaster caused by underwater dumpsites associated with the Warfare Agent Disposal Project. National Defence is currently finalizing a formal contingency plan, in conjunction with other responsible federal parties, and it is expected to be approved in 2008. The contingency plan provides situational scenarios and specifies the actions to be taken by various federal departments and agencies. In addition, the Department has developed websites for both the Unexploded Explosive Ordnance and Legacy Sites Program and the Warfare Agent Disposal Project; the aim is to better inform Canadians of the risks posed by these sites and the actions that National Defence is taking to address the issues. We found the Department has made satisfactory progress on the contingency plan for the Warfare Agent Disposal Project and on its communication programs for the Warfare Agent Disposal Project and the UXO and Legacy Sites Program.

Not all sites are identified on nautical charts

13.15 During our 2004 audit, we noted that the Canadian Hydrographic Service of Fisheries and Oceans Canada committed to marking disposal sites on nautical charts. Identifying the location of disposal sites on nautical charts helps raise awareness that activities in these locations could have an impact on human health and the environment. We expected to observe progress in recording the position of unexploded explosive ordnance and warfare agent disposal sites on nautical charts. Although the Canadian Hydrographic Service has charted all sites that National Defence has identified to it, including the three ocean-based Warfare Agent Disposal sites, National Defence has not provided information on all the known high-risk UXO sites to the Canadian Hydrographic Service for charting. We noted that no additional sites have been charted since our last audit in 2004.

13.16 National Defence officials told us that some sites are not charted because of limited historical data and public safety and security concerns. Officials agreed that they do not yet have a uniform methodology for evaluating which sites should be charted. We believe that this has led to an inconsistent approach in charting these sites. Accordingly, progress on this aspect is unsatisfactory given the incomplete and inconsistent charting work done to date (Exhibit 13.2).

Exhibit 13.2—Progress in addressing three of our four findings on military dumpsites is satisfactory

13.17 Recommendation. National Defence should develop and implement a consistent methodology for charting underwater unexploded explosive ordnance sites on nautical charts.

National Defence's response. The Department agrees with this recommendation and is already working to address this matter. Charting of sites is a key component of the risk management process for offshore underwater sites where there is a potential threat to public safety.

The Department is currently defining its decision-making process from the time a site is identified through to the point when the decision is made whether or not to chart the site. This process is being documented in collaboration with the Canadian Hydrographic Service. A periodic review process is also being put in place to regularly revisit sites in order to validate prior actions taken.

Work is ongoing and we fully expect our process to be completely documented and in place by the summer of 2008. It is also expected that all offshore sites will be examined using this process by the summer of 2009.

Conclusion

13.18 National Defence has made satisfactory progress in addressing key observations from the 2004 audit. It has identified and assessed the risks of chemical and biological warfare agents and unexploded explosive ordnance in accordance with its Underwater Unexploded Explosive Ordnance projects and the Warfare Agent Disposal Project. A contingency plan for dealing with a possible ecological disaster caused by underwater disposal sites associated with the Warfare Agent Disposal Project is being finalized. Communications programs are complete for both the Unexploded Explosive Ordnance and Legacy Sites Program and the Warfare Agent Disposal Project. However, we found that progress in charting the sites on nautical maps is unsatisfactory due to an inconsistent approach used by National Defence to provide the Canadian Hydrographic Service with charting information on known underwater unexploded explosive ordnance sites. We also noted that the identification and assessment of these sites are only the first steps in a long-term management approach that will now include almost 700 ocean-based sites and more than 700 land-based sites containing unexploded explosive ordnance.

About the Audit

Objective

Our objective was to determine whether National Defence and Fisheries and Oceans Canada had achieved satisfactory progress in addressing key observations made in the 2004 audit of military dumpsites.

Scope and approach

Since 2003, the Commissioner has conducted 11 petition response audits on a wide variety of subjects. To identify which of the 11 were suitable for follow-up audit, we examined the information available in our recommendations database, consulted staff involved in the original audits, conducted research, and met with departmental officials. To rank the audits for potential follow-up audit work, we developed criteria based on internal guidance for performance audits.

We also considered criteria pertaining to auditability, sensitivity, risk, and availability of resources. On the basis of assessments against these criteria, an advisory committee considered the top-ranked issues and selected four. The results for each of these audits are individually reported in four chapters—11, 12, 13 (this chapter), and 14.

In this follow-up audit, we evaluated the progress that National Defence and Fisheries and Oceans Canada had made on key observations in the Commissioner's 2004 Report, Chapter 6, paragraphs 6.52, 6.56, 6.62, and 6.63. To do so, we reviewed documentation and files and interviewed departmental officials and external experts.

Criteria

Our criteria for the audit were derived from key observations made during our 2004 audit of military dumpsites. We expected that

• National Defence would have completed the Underwater Unexploded Explosive Ordnance Project by 2006;
• National Defence would be able to demonstrate satisfactory progress toward completing the Warfare Agent Disposal Project in 2008;
• together with Fisheries and Oceans Canada, National Defence would have recorded the position of unexploded explosive ordnance and warfare agent disposal sites on navigation charts; and
• National Defence would have developed a contingency plan for dealing with an ecological disaster caused by underwater dumpsites.

Audit work completed

Audit work for this chapter was substantially completed on 13 November 2007.

Audit team

Principal: Richard Arseneault
Director: Kimberley Leach

Sébastien Defoy
Roger Hillier

For information, please contact Communications at 613-995-3708 or 1-888-761-5953 (toll-free).

Appendix—List of recommendations

The following recommendation is found in Chapter 13. The number in front of the recommendation indicates the paragraph number where it appears in the chapter. The numbers in parentheses indicate the paragraph numbers where the topic is discussed.

Definitions:

Unexploded explosive ordnance—Ordnance that has been primed, fused, armed, or otherwise prepared for action, and that has been fired, dropped, launched, or placed in a manner that constitutes a hazard to people, operations, or installations, and remains unexploded by malfunction or for any other reason. Examples include bombs, grenades, shells, mortars, flares, rockets, and mines, including mines used in marine environments. (Return)

Warfare agent—A chemical or biological substance identified for use in military operations to incapacitate or kill opposing forces. Examples include mustard gas and anthrax. (Return)