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Environmental Process Modernization Plan

Progress in Implementing the Environmental Process Modernization Plan

DFO's Habitat Management Program (HMP) is a key federal regulatory program with a mandate to conserve and protect fish habitat. Delivery of its responsibilities under the Fisheries Act (FA), the Canadian Environmental Assessment Act (CEAA) and now the Species at Risk Act (SARA) impacts on a wide range of individuals, businesses and communities all across Canada.

It has been almost three years since the Habitat Management Program (HMP) began to modernize the delivery of its responsibilities by implementing the Environmental Process Modernization Plan (EPMP). Over that time, a number of policy, programming and organizational changes have been undertaken to modernize the Program to make it more effective in protecting and conserving fish habitat, efficient in the delivery of its services, integrated with the interests and responsibilities of others, and relevant to Canadians.

The EPMP is aimed at improved predictability and timeliness in decision making, improved harmonization of processes with others, particularly in the area of federal-provincial environmental assessments for major projects, and strengthening partnerships with others – be it other levels of government, the industry sector, non-government organizations and Aboriginals – to maximize opportunities to conserve and protect fish habitat.

The EPMP is focussed on six key elements in modernizing the Habitat Management Program (HMP):

1. A Program Wide Risk Management Framework (RMF);
2. Streamlining Regulatory Reviews of Low Risk Activities
3. Improved Coherent and Predictable Decision-Making;
4. Strengthened Partnering Arrangements;
5. Habitat Compliance Modernization; and,
6. Improved Management of Major Projects.

The program wide Risk Management Framework (RMF) is a science-based decision making framework that categorizes risks to fish and fish habitat associated with development proposals, communicates these risks to proponents, and identifies appropriate management options to reduce risks. The RMF further allows Program resources and efforts to be re-allocated from the review of routine, low risk, predictable reviews towards the review of those projects that pose the highest risk to fish habitat across the country.

Last year, the RMF was piloted successfully in a number of cases, including the Yukon Placer mining industry, which formed the foundation of a new integrated regulatory regime for this industry.

As a result of the RMF process, activities that pose low risks to fish habitat have been identified and environmentally friendly standard practices have been developed and applied. The streamlining of regulatory reviews for low risk activities is focused on eliminating the need for repetitive and time-consuming reviews through the development and implementation of management tools such as the “Operational Statements” as well as guidelines, which identify up-front the mitigation measures needed to avoid harm to fish habitat for routine low risk activities in or near water. These tools provide proponents with the certainty they need to be in compliance with the Fisheries Act and the measures Canadians need to follow in order to protect our fish habitat. These initiatives allow for the reallocation of effort and resources to the review of higher risk activities, and other activities like monitoring and watershed planning, by improving the efficiency and effectiveness of the review processes for low risk activities.

Thirteen (13) Fisheries Act Operational Statements (OPS) have been developed and more are underway. Steps were also taken to support a “one-window” Provincial/Territorial delivery system for OPS where possible. In addition, a review of industry best management practices was undertaken in co-operation with industry partners to ensure that the appropriate habitat protection measures were included.

Improved coherent and predictable decision-making is the hallmark of the EPMP as it under scores many components of the Program. Several internal initiatives have been undertaken to make quantifiable progress in this area. This includes the development of policy manuals for practitioners in the field, a mandatory training program for Habitat Management staff, improved internal governance and communications tools, and improved performance measures, evaluation and reporting to Canadians.

In recognition of the need to integrate our habitat regulatory responsibilities with the responsibilities and interests of others, the fourth EPMP component is an emphasis on strengthened partnering arrangements with provinces, industry, Aboriginal groups, non-government organizations, and municipalities to identify and collaborate on common issues and priorities.

Fisheries and Oceans (DFO) has completed formal cooperative Memoranda of Understanding (MOU) with Nova Scotia, British Columbia, Prince Edward Island, and Manitoba. In addition, DFO signed an agreement with seven major national resource industry associations (known as the National Resource Industry Associations) to complement an existing agreement with the Canadian Electrical Association. Collaboration continues with other partners such as the Federation of Canadian Municipalities, Aboriginal groups and conservation groups. These partnerships and consultations are strengthening understandings of our respective interests and meaningfully advancing our common objectives -- http://www.dfo-mpo.gc.ca/canwaters-eauxcan/habitat/partners-partenaires/index_e.asp.

DFO has begun to develop a more balanced approach to the various habitat compliance activities which includes reallocation of program resources to better support a monitoring program measuring compliance with, and effectiveness of, its regulatory requirements. Habitat compliance modernization is addressing the full continuum of compliance activities - from compliance promotion, to enhanced compliance monitoring/auditing, to enforcement where necessary. As with the other elements of the EPMP, this new direction will, over time, provide for increased effectiveness in protecting the fish habitat of value to Canadians.

In recognition of the growth in major projects and the key role the HMP plays in regulating such projects at the federal level, DFO developed and implemented a new management model for the environmental assessment of “major projects” – projects that are complex, multi-jurisdictional and have nationally significant socio-economic implications. This new approach is aimed at strengthening accountabilities at senior levels within the Department, improving interdepartmental co-ordination and communication, improving opportunities to harmonize federal and provincial reviews and facilitating more timely and more effective application of the environmental assessment process.

To support and strengthen this approach, a new organizational model for the management of environmental assessments of major projects was established in National Headquarters and the Regions. This new model also included the development of new policies and protocols that further support the EPMP principles. For example, a policy on early triggering of the Canadian Environmental Assessment Act (CEAA) was developed and implemented in order to improve timeliness of environmental assessments and the likelihood of harmonization with other jurisdictions and/or levels of government.

Our efforts and results under the EPMP are being increasingly recognized within government and by external stakeholders as we make decisions in a more transparent, predictable and timely manner. By integrating our regulatory responsibilities with the interest of our key stakeholders and by focussing on those priority areas Canadians expect us to focus on; we are better serving our mandate of conserving and protecting fish habitat, and delivering our responsibilities in a manner consistent with the Government of Canada’s regulatory strategy.