There are different types of agreements. Some are high-level policy agreements defining broadly the principles, roles and responsibilities that will be followed by parties that share an environmental concern or share responsibilities in addressing common environmental issues. For example:

• Canada-wide Accord on Environmental Harmonization (Canadian Council of Ministers of the Environment (CCME))
• Pollution Prevention Policy Agreement (CCME)
• A Comprehensive Air Quality Management Framework for Canada (Joint Energy and Environment Ministers)

Other agreements are more explicit. They contain commitments of the parties to specific actions within specific timeframes. For example:

• Canada-United States Air Quality Agreement (Canada-U.S.)
• Canada-wide Standards for Particulate Matter and Ozone (CCME)
• Second Sulphur Protocol, Convention on Long-Range Transboundary Air Pollution (LRTAP), United Nations Economic Commission for Europe (UNECE)

Why are agreements negotiated?

Environmental agreements clarify the roles and responsibilities of parties with shared responsibility for resolving environmental issues. Agreements are also used when pollution generated by one party is affecting another.

Who are the parties to agreements?

The federal government is always the lead government in agreements between Canada and other nations. But it may not be the lead agency in regional agreements affecting parts of two countries (e.g. agreements between the Eastern Canadian Premiers and New England Governors). The federal government may also enter into agreements with provinces and territories where there pollution crosses provincial and territorial boundaries.

What is the legislative basis for agreements?

Most environmental or air management agreements are administrative or political in nature and do not have a base in Canadian environmental legislation. Canadian environmental legislation, whether federal, provincial or territorial, provides legal authority for a jurisdiction to implement instruments (e.g. regulations) and other measures to help meet commitments made in agreements.

How are agreements negotiated?

Typically, agreements are negotiated in a series of meetings between the parties involved. Proposals and draft texts for agreements are usually prepared in advance by one or more of the parties involved. Parties typically prepare a negotiating position or strategy in consultation with interested stakeholders and get a negotiating mandate from the government in advance of the negotiations.

Stakeholders often include government departments other than the lead department, other levels of government, industry and environmental interest groups. For international agreements, negotiating mandates may require Cabinet approval via a memorandum to Cabinet or aide-memoire before a negotiating session. Final sign-off on negotiating positions is with Foreign Affairs Canada and International Trade Canada. For other agreements (e.g. federal, provincial, or territorial), the mandate may be endorsed by the Minister or senior officials of the lead department.

What kind of commitments are in agreements?

The kind of commitments in agreements depends on the Agreement itself. Framework and policy-oriented agreements will tend to contain commitments to guiding principles, criteria, roles and responsibilities. Agreements targeting a particular air pollution problem will usually have:

• specific commitments to emission reductions within a specified timeframe
• commitments to develop emission reduction plans to achieve the agreed to emission reductions,
• commitments to supporting research, monitoring and reporting on progress.

For example, the Agreement on Canada-wide Standards for Particulate Matter (PM) and Ozone commit jurisdictions to:

• Meet specified ambient concentration targets for PM and ozone by 2010
• Develop implementation plans to achieve those targets
• Conduct scientific research to support possible revision of the standards
• Report to respective publics on progress towards achieving the standards at a frequency specified in the agreement

How are agreements implemented?

Air pollution management agreements are implemented by the parties involved through response programs and emission reduction instruments and regulations needed to meet agreement commitments. Each party uses its own legislation and authorities to implement the measures.

How is implementation of agreements monitored and reported on?

Accountability is maintained through regular reporting by the parties to each other and to the public. Most agreements specify the scope of the monitoring to be maintained and the timing and kind of reporting required. For example, an agreement may specify that reporting is required annually and is to include emissions and emission trends, ambient air concentration levels and trends, emission reduction measures implemented so far.