Departmental overview for the Minister of Environment and Climate Change: chapter 4

Federal, provincial and territorial engagement

Jurisdiction over environmental matters in Canada is shared between the federal government and provincial governments. Federal, provincial and territorial collaboration is key to achieving results on the environment.

Overview

The Constitution does not refer to “environment”. Both orders of government derive their authority to manage environmental matters based on other heads of powers listed in the Constitution. While some responsibilities are identified as federal or as provincial powers, some environmental matters fall under the responsibility of both orders of government.

Territorial governments exercise delegated powers under the authority of the Parliament of Canada. The devolution of federal powers, or the transfer of province-like responsibilities to territorial governments, is ongoing with agreements finalized in Yukon (2003) and in the Northwest Territories (2014), and an Agreement-in-Principle negotiated with Nunavut (2019).

With increasing interest in environmental issues, determining which order of government has the authority to manage emerging matters is complex and sometimes subject to court challenges. Environment and Climate Change Canada (ECCC) works with provincial and territorial governments to develop policies and programs, undertake research, share success stories, and provide information on environmental issues of national and regional importance.

Examples of responsibility on some environmental matters

(not comprehensive listing)

Federal

• Federally owned lands and waters, including the seabed
• Emissions from ships, boats and airplanes, as well as routes and safety on waterways
• Release of toxic substances (e.g., under the Canadian Environmental Protection Act, 1999)
• Environmental issues on Indigenous reserves
• International and/or interprovincial pollution
• Protection of migratory birds and aquatic species
• International and interprovincial trade of wildlife

Shared

• Greenhouse gas emissions
• Environmental emergencies
• Management of protected and conserved areas (depending on which government owns the protected lands or waters)
• Environmental assessments (generally under provincial responsibility, unless a project is expected to have an effect within federal jurisdiction)

Provincial

• Emissions of most types of industrial activities
• Regulation of mining and lumbering on provincial Crown lands
• Water resources within provincial borders
• Drinking water except on First Nations reserves and federal property
• Wildlife within their borders (except migratory birds and aquatic species)
• Exploration for non-renewable natural resources in a province
• Land use planning

Summary of key intergovernmental fora

The mandate and responsibilities of provincial and territorial ministers of the environment varies among jurisdictions. As a result, multilateral meetings between federal, provincial and territorial Ministers with common mandates take place regularly through two intergovernmental fora.

Canadian Council of Ministers of the Environment

The main multilateral body addressing national environmental issues is the Canadian Council of Ministers of the Environment (CCME). CCME furthers the Canada-wide environmental policies, including the Pan-Canadian Framework on Clean Growth and Climate Change, through results-oriented and consensus-based dialogue, while respecting the unique roles and responsibilities of all governments. The CCME seeks to advance environmental management by focusing on issues that are national in scope and that require collective attention from a number of governments. The presidency of the CCME rotates between the 14 Ministers on an annual basis.

Ministers responsible for Conservation, Wildlife and Biodiversity

Federal-provincial-territorial Ministers responsible for Conservation, Wildlife, and Biodiversity (CWB) have been meeting via an ad hoc forum since 2015. They are supported by an ad hoc CWB Deputy Ministers forum and a formal federal-provincial-territorial Assistant Deputy Ministers forum – the Conservation, Wildlife, and Biodiversity Steering Group (CWBSG). The Assistant Deputy Minister-level forum was originally formed in 2006 as the Biodiversity Steering Group at the request of federal, provincial, and territorial Deputy Ministers.

Other opportunities for collaboration

Other fora allow for intergovernmental discussions on managing environmental matters:

• Bilateral meetings with provincial and territorial Ministers on issues of joint interest.
• The federal government formally represents Canada in international environmental negotiations but regularly involves provinces and territories in negotiations that relate to matters within their jurisdiction. This includes input to the development of Canadian positions and participation in international meetings.
• Provincial and territorial Ministers or their representatives often participate as part of the Canadian delegations to the UN Conferences of the Parties (e.g., United Nations Framework Convention on Climate Change or United Nations Convention on Biological Diversity).

Other key engagement mechanisms

ECCC also enters into agreements (e.g., Memoranda of Understanding, administrative agreements, equivalency agreements, and collaboration agreements) with provincial or territorial governments to streamline the administration and management of environmental regulations and programs. For example:

• Conservation agreements under the Species at Risk Act and agreements under the Canadian Wildlife Act.
• Intergovernmental agreements on transboundary water governance through joint federal-provincial-territorial participation on domestic water boards.
• Bilateral agreements to manage Canada’s water quantity monitoring network.
• Warning Preparedness Meteorologists, located across Canada, support each province or territory’s Emergency Management Organizations and their unique needs through informal, but established, partnerships.