Environmental Petitions

• The petitions process
  • How does it work?
  • Who can submit a petition?
  • What requests can be made?
• Preparing a petition
  • What are the requirements?
  • What should it contain?
• Submitting your petition

The petitions process

The environmental petitions process is a formal way for Canadians to bring concerns about the environment and sustainable development to the attention of federal ministers, and obtain a timely response.

The environmental petitions process was created as a result of a 1995 amendment to the Auditor General Act. On behalf of the Auditor General of Canada, the Commissioner of the Environment and Sustainable Development manages the petitions process and monitors responses by making sure that the questions and issues that Canadians raise are answered by federal ministers.

The Commissioner reports annually to Parliament, and each report contains a chapter on environmental petitions. The chapter reports on petitions activities from the previous year and often contains audits of selected petition responses on topics as diverse as genetically engineered fish, military dumpsites off Canada’s Atlantic coast, insurance for nuclear operators, and guidelines for listing species at risk.

How does it work?

Who can submit a petition?

Any Canadian resident—an individual or a representative of an organization, municipality, or corporation—can submit an environmental petition. Past petitioners include

• a tribal council on the West Coast asking about the sustainable management of the herring fishery (Petition 134);
• a group of Canadians asking the government to require auto manufacturers to produce and sell low-emission vehicles to support the implementation of the Kyoto Protocol on climate change (Petition 130);
• an individual asking the government to investigate the alleged presence of a banned and toxic pesticide in the shipments he handled, and to implement measures to protect workers from inadvertent exposure to potentially toxic pesticides in shipping containers (petitions 126A and 126B); and
• a fishing association asking a department about its precautionary approach, environmental assessment, and research on aquaculture (Petition 119).

What requests can be made?

Requests in environmental petitions vary widely. You can ask federal departments and agencies to

• investigate whether a federal law or regulation is being enforced or contravened;
• explain a federal policy or their involvement on a particular issue;
• review and improve an environmental law, regulation, or policy;
• respond to improvements you suggest;
• detail what action their minister has taken to fulfill a public commitment; and
• provide specific information on what they are doing to reduce the environmental impact of their operations and practices.

However, some requests may not result in an informative response. For example, departments and agencies

• may not be able to respond if they are involved in legal proceedings on the same subject as the petition;
• do not have to disclose legal opinions from the Department of Justice Canada (the Department of Justice Canada cannot provide legal opinions it has prepared for other departments or agencies); and
• cannot respond to petitions that are outside federal jurisdiction (e.g., the responsibility of provinces and municipalities.)

If you are only looking for documents from departments and agencies and not a response to a petition, they may direct you to make an application under the process governed by the Access to Information Act.

Preparing a petition

What are the requirements?

To be accepted, a petition must meet three criteria:  

• It must be submitted by a Canadian resident, either an individual or a representative of an organization, municipality, or corporation.
• Its topic must be “an environmental matter in the context of sustainable development.”
• Its topic must be the responsibility of one of the federal organizations subject to the petitions process.

What does "an environmental matter in the context of sustainable development" mean?

The reference to sustainable development does not restrict the kind of environmental matter that can be addressed in a petition. It reinforces the idea that environmental concerns are not isolated from other factors and influences. Sustainable development recognizes the links between humans and the natural environment and between economic and social development and environmental protection. Reconciling and integrating all these aspects is at the core of sustainable development.

Is the topic the responsibility of one of the federal organizations subject to the petitions process?

For the organizations required to reply to petitions under the Auditor General Act, refer to the list available on our Web site.

What should it contain?

To help you complete all the steps for a petition, you can use our Environmental Petition Template. Here are some suggestions when developing a petition:

• Prepare a cover letter. In a cover letter indicate that you are submitting a petition under the Auditor General Act and have enclosed the petition as an attachment.
• Provide a background section. Accurately set out and check all the facts pertinent to your petition. This information helps the Commissioner determine if your request should be treated as a petition under the Auditor General Act. It also provides ministers with a context and enough information to formulate a response. If possible, provide information on the involvement or responsibilities of federal organizations raised in your petition.
• Formulate your petition—a critical step. When you formulate your petition, consider these questions:
• What kind of information would you like to know?
• What do you want federal organizations to do?
• Do you have any suggestions?
If your petition is clear and specific, it is more likely you will receive clear and specific answers.
• Name federal organizations. You may suggest that we submit the petition to a particular minister or ministers, although the Commissioner determines whether a minister will be obliged to respond to a petition.
• Provide supporting information. Reference or provide a copy of any reports or other material that support your petition. We will ensure that any supporting material is forwarded to the minister(s).
• Sign and date your petition, and don't forget your address. To establish that you are a resident of Canada and eligible to submit a petition, you need to include your address. Providing an e-mail address or telephone number would be helpful, in case we need to contact you. It is not necessary to collect signatures to submit a petition under the Auditor General Act. All that is required is a letter, signed and dated by a Canadian resident.

Publishing a petition is a way to increase public awareness of the petitions process. We will seek your consent to publish your petition in our petitions catalogue or in our annual report to Parliament. Therefore, ensure that the statements or references you make are not defamatory or misleading.

Submitting your petition

If you have any comments or questions about the petitions process or want to submit a petition, please contact us

Office of the Auditor General of Canada
Commissioner of the Environment and Sustainable Development
Attention: Petitions
240 Sparks Street
Ottawa, Ontario K1A 0G6

Telephone: (613) 995-3708 or 1-888-761-5953 (toll free)
Fax: (613) 941-8286
E-mail: petitions@oag-bvg.gc.ca

Definition: "an environmental matter in the context of sustainable development"

This petition requirement is included in the Auditor General Act:

22. (1) Where the Auditor General receives a petition in writing from a resident of Canada about an environmental matter in the context of sustainable development that is the responsibility of a category I department, the Auditor General shall make a record of the petition and forward the petition within fifteen days after the day on which it is received to the appropriate Minister for the department.

The Auditor General Act defines sustainable development:

“sustainable development" means development that meets the needs of the present without compromising the ability of future generations to meet their own needs.