Departmental overview for the Minister of Environment and Climate Change: chapter 3

Corporate functions

Overview

This is a brief overview of corporate functions and processes within the Government of Canada and Environment and Climate Change Canada (ECCC).

Cabinet affairs

Cabinet is the body of advisors that sets the federal government’s policies and priorities. The Governor General appoints members of Cabinet (Ministers) on the advice of the Prime Minister. The Cabinet system performs several key functions including: securing agreement among Ministers on Government priorities and parliamentary actions; providing a forum for debate; and, ensuring Ministers have the necessary information they need to carry out their responsibilities.

Cabinet committees form the Cabinet system. Generally, policy committees consider proposals aimed at implementing the government’s agenda, parliamentary business and any other matter of general concern to Canadians or the federal government. In past Parliaments, policy committees have been established to examine issues such as social affairs, the economy, the environment, foreign affairs, security, Indigenous affairs, Canada-U.S. relations, and unity.

Cabinet documents that support decision-making include Memorandums to Cabinet and Treasury Board Submissions. A Memorandum to Cabinet is used to obtain a Cabinet decision on a proposal, and a Treasury Board Submission is an official Cabinet document seeking specific authorities or approvals from the Treasury Board, usually to authorize the implementation of a program or project, or to execute a major procurement in support of government operations.

The Privy Council Office (PCO) provides secretariat support to Cabinet.

Parliamentary affairs

Legislative process

Considering legislation is one of the key elements of parliamentary debate, much of the time in the House of Commons and Senate revolves around debating proposed laws. In order to become law, a bill must be agreed to in the same form by both the House of Commons and the Senate. A bill can be introduced in the House of Commons or the Senate, but a bill that spends public funds or imposes a tax must be introduced in the House of Commons.

Supporting the Minister in the legislative process

Legislation itself is drafted by legislative drafters at the Department of Justice Canada, in consultation with officials from the Environment Portfolio, based on drafting instructions provided for in a Memorandum to Cabinet.

Once legislation is ready for introduction in the House of Commons, the Minister is supported by the Environment Portfolio. The Portfolio, through the Parliamentary Affairs Unit at ECCC, prepares the necessary information as the bill moves through the legislative process. This includes documents such as:

• speeches for debate at all stages of the legislative process
• briefing binders to support the Minister before introduction of the bill and as necessary throughout the legislative process
• briefing material for government and opposition committee members, if required

Federal budget process

The federal budget outlines the Government’s fiscal, social and economic policies and priorities. The budget is generally tabled in Parliament early in the year, in advance of the fiscal year, which begins on April 1.

The Department of Finance is responsible for preparing the annual budget. The process is initiated when the Minister of Finance sends a letter to their counterparts soliciting proposals for funding. The letter often identifies general directions and key themes for the Budget.

Decisions on what is to be funded through the Budget are made by the Minister of Finance and the Prime Minister.

Funding identified in the Budget is not immediately accessible to departments. Treasury Board approval is generally required and spending authorities need to be approved in Parliament through appropriation acts.

Financial overview

Main and Supplementary Estimates

To support the approval of appropriation bills, the Government presents its estimates, or detailed spending plans, to Parliament.

The Main and Supplementary Estimates provide a listing of the resources required by individual departments and agencies for the upcoming fiscal year in order to deliver the programs for which they are responsible. It identifies the spending authorities (votes) and the amounts included in subsequent appropriation bills that Parliament will be asked to approve in order to enable the government to proceed with its spending plans.

Departmental Plan and Departmental Results Report

Shortly after tabling the Main Estimates, the Government tables the Departmental Plan for each
government organization. The Departmental Plan is included in Part III of the Estimates.

These reports include a Minister’s message and outline the results the Government expects
to attain with the resources provided. They set out each organization’s overall program
structure, called the Departmental Results Framework. These reports also specify the financial
investments and human resources allocated to each Core Responsibility.

In the fall, usually in November, the Government presents results reports for each organization. These are called “Departmental Results Reports”, and they set out the performance that has been achieved with the resources available, as assessed against the expected results outlined in accordance with the Departmental Results Framework in the previous year’s Departmental Plan. The reports include a Minister’s message and are included in Part III of the Estimates.

Governor in Council and Ministerial appointments

The appointment function is central to the Government of Canada’s ability to carry out its mandate and making qualified appointments is key to the achievement of the Government’s objectives and the strengthening of accountability.

Ministers have the authority to make or recommend a number of appointments for positions in portfolio agencies and other bodies. There are two types of appointments: Governor in Council (GIC) appointments and Ministerial appointments. The Governor General, on the advice of the Queen’s Privy Council of Canada (i.e., Cabinet), makes GIC appointments. The role of the Minister is to make the recommendation to Cabinet. Ministerial appointments are appointments made under the authority of a Minister that do not require the approval of the Governor in Council. A Minister’s authority to make Ministerial appointments may come from a variety of sources, including federal and provincial legislation, federal/provincial/territorial and international agreements, and the documents that create, continue or establish an organization.

Individual advisory bodies are managed by various sector leads within the Department. The Corporate Secretariat acts in an advisory capacity and provides a single point of contact.

Access to information and records management

The Access to Information Act provides Canadians with the right of access to information in records under the control of a government institution. The guiding principles of the Act are that government information should be available to the public, that exceptions to the right of access should be limited and specific, and that decisions on the non-disclosure of information should be reviewed independently of government.

The Privacy Act provides for access to one’s own personal information held by government institutions and governs the rules for collection, use, disclosure and disposal of personal information.

Within ECCC, the Access to Information Act and the Privacy Act are administered by the Access to Information and Privacy (ATIP) Division which is part of the Corporate Secretariat. The Deputy Minister; the Associate Deputy Minister; the Director General, Corporate Secretariat; the Director, ATIP; and the Managers, ATIP all have full delegated authority under the Acts.

Conflict of interest and lobbying

Conflict of interest

Ministers and their staff are subject to the requirements of the Conflict of Interest Act. In their capacity as members of the House of Commons, Ministers are also subject to the Conflict of Interest Code for Members of the House of Commons.

The Conflict of Interest Act requires that, once appointed, public office holders must arrange their private affairs so as to prevent conflicts of interest from arising. With limited exceptions, they must not solicit or accept money or gifts; assist individuals in their dealings with government in such a way as to compromise their own professional status; take advantage of information obtained because of their positions as insiders, or; after they leave public office, act by taking improper advantage of having held that office. Information relating to the spouses and dependent children of Ministers and Parliamentary Secretaries is also considered relevant.

Lobbying

Ministers (as well as other members of the House of Commons and Senate and senior public servants) are prohibited under the Lobbying Act from engaging in paid lobbying of the federal government for five years after they leave office. The Commissioner of Lobbying administers these provisions, as well as the Act’s registration requirements for lobbyists.

Consultant lobbyists, and the most senior paid officer of a corporation or organization, where it has been established that lobbying represents at least 20% of their duties, must register and submit all required information directly into the online Registry.

The Commissioner of Lobbying may ask designated public office holders, including Ministers, to verify information about lobbying communications that has been registered by lobbyists.

Audit and Evaluation

Guided by the Treasury Board’s Policy on Internal Audit and the Directive on Internal Audit, the internal audit function provides independent, objective assurance and advisory services in the areas of governance, risk management and internal controls. The Internal Audit Plan normally has a two year horizon and is approved by the Deputy Minister based on the recommendation of the Departmental Audit Committee (DAC). The DAC is comprised of a majority of external members and the current chair is Dr. David Zussman.

Office of the Auditor General of Canada

The Office of the Auditor General of Canada (OAG) conducts independent audits and studies that provide objective information, advice and assurance to Parliament, territorial legislatures, boards of Crown corporations, government and Canadians. The OAG’s legislative authorities are derived from the Auditor General Act, the Financial Administration Act and a number of other statutes. Currently, the Auditor General of Canada is Karen Hogan.

Commissioner of the Environment and Sustainable Development

As a result of amendments to the Auditor General Act in 1995, the OAG has a specific mandate related to the environment and sustainable development. The Commissioner of the Environment and Sustainable Development (CESD) within the OAG is appointed for a seven-year term and provides Parliamentarians with analysis and recommendations on the federal government’s efforts to protect the environment and foster sustainable development. The current CESD is Jerry V. DeMarco.

The Commissioner is responsible for:

• monitoring sustainable development strategies of federal departments
• overseeing the environmental petitions process
• auditing the federal government’s management of environmental and sustainable development issues

Responsibilities regarding OAG and CESD audits

While the President of the Treasury Board is responsible for providing regular updates to Cabinet on OAG audits, the Minister of Environment and Climate Change is responsible for providing updates on CESD audits.

ECCC coordinates the Government of Canada’s overall approach on CESD reports. The Minister acts as the primary spokesperson on the overall response to the reports and takes questions in the House of Commons related to the Government’s environmental performance and agenda.

Legal Services

The Department of Justice (DoJ) provides legal services, and more particularly advisory services, litigation support and legislative and regulatory drafting support to the Environment Portfolio primarily through its Environment Departmental Legal Services Unit (LSU), which falls within DoJ’s Business and Regulatory Law Portfolio. The role of the Environment LSU is to provide in-house legal counsel services to the Environment Portfolio. It is a Centre of expertise in the area of environmental law for Justice Canada and the Government of Canada as a whole.

The Environment LSU delivers legal advice on environment policies and programs, legislative and regulatory development and drafting, as well as litigation support and legal training. For some specialized areas of law outside the expertise of the Environment LSU (e.g., information and privacy law, labour and employment law, constitutional and administrative law, human rights law), legal support for the Environment Portfolio is provided by central specialized units within Justice Canada.

Communications and public affairs

Communications are central to the Government of Canada’s work and contribute directly to the Canadian public’s trust in their government. Within ECCC, the Public Affairs and Communications Branch (PACB) provides Canadians with timely, accurate, clear, objective and complete information about its policies, programs, services and initiatives.

PACB provides full service communications support including creative product development, speeches, web publications, social media engagement and promotion, and support for Ministerial media availabilities including videography, social media, livestreaming and event logistics.

In developing ECCC’s communications approach, the department works closely with the Minister’s Director of Communications to ensure that ECCC delivers the communications products and services most relevant to the Minister’s mandate and priorities.