Order Amending the Schedule to the Federal Sustainable Development Act: SOR/2019-177

Canada Gazette, Part II, Volume 153, Number 12

Registration

SOR/2019-177 June 3, 2019

FEDERAL SUSTAINABLE DEVELOPMENT ACT

P.C. 2019-613 May 31, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 12.3 footnote a of the Federal Sustainable Development Act footnote b, makes the annexed Order Amending the Schedule to the Federal Sustainable Development Act.

Order Amending the Schedule to the Federal Sustainable Development Act

Amendment

1 The schedule to the Federal Sustainable Development Act footnote 1 is amended by adding the following after item 3:

Coming into Force

2 This Order comes into force on the day on which An Act to amend the Federal Sustainable Development Act, chapter 2 of the Statutes of Canada, 2019, comes into force, but if this Order is registered after that day, it comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

The Federal Sustainable Development Act footnote 2 (the Act) provides the legal framework for developing and reporting on a Federal Sustainable Development Strategy (FSDS). Amendments made to the Act through An Act to amend the Sustainable Development Act footnote 3 come into force on December 1, 2020. The FSDS is the Government of Canada’s (the Government) primary vehicle for sustainable development planning and reporting. footnote 4 Federal organizations subject to the Act’s application are required to contribute to the development and reporting of the FSDS. Two Crown corporations that have voluntarily contributed to past FSDSs become subject to the Act’s application through an order that adds them to the Act’s Schedule on December 1, 2020. The two Crown corporations are

Background

The Act provides the legal framework for developing and reporting on an FSDS that improves the transparency of decision-making related to sustainable development and makes it accountable to Parliament. It requires the Minister of the Environment (the Minister) to develop, consult on, and table in Parliament an FSDS once within every three-year period. The FSDS is the Government’s primary vehicle for sustainable development planning and reporting. It sets out the federal government’s sustainable development priorities, goals and targets, and identifies actions relating to these goals and targets.

The Act requires, among other actions, designated entities named in the Schedule of the Act to prepare their own sustainable development strategy (SDS) that complies with the FSDS and contributes to the meeting of its goals. The designated entities are to table reports annually to Parliament — through their appropriate or presiding Minister — on their progress on implementing their SDS. This reporting is normally done through Departmental Results Reports. The Act also includes well-accepted principles (i.e. precautionary principle, intergenerational equity, openness and transparency, etc.), which are to be considered when developing strategies, and requires that all FSDS targets be measurable and include a time frame.

The NCC and JCCBI voluntarily contributed to the development of the 2016–2019 FSDS (PDF), developed sustainable development strategies and reviewed the draft and final FSDS. The NCC has a 2018–2023 Sustainable Development Strategy and the JCCBI has a 2016–2021 Sustainable Development Action Plan. The two Crown corporations have also voluntarily contributed to the development of the 2019 to 2022 FSDS (PDF).

Objective

The objective of the Order is to make the NCC and JCCBI subject to the Act’s application, and thereby require the two Crown corporations to contribute to the development and reporting on the FSDS and to develop and report on their own individual SDS.

Description

The Order adds the NCC and JCCBI to the Schedule of the Act on December 1, 2020, once the amendments to the Act come into force, thereby making them subject to the Act’s application as of that date. Among the amendments to the Act, a provision has been added to give the Governor in Council the power to add or remove entities listed in the Schedule to the Act. Two Crown corporations are being added to the Schedule of the Act through this new power. These Crown corporations are designated entities with appropriate Ministers. This means that they are subject to the requirements for designated entities under section 11 of the Act. These requirements, and other relevant requirements for these designated entities, include the following:

(1) The designated entity shall

(2) The designated entity shall prepare its own individual SDS that

(3) The designated entity shall provide their SDS to the appropriate Minister, who shall cause the SDS for the entity to be tabled in each House of Parliament within a year of the tabling of the FSDS, or on any of the first 15 days on which that House is sitting after that year.

(4) Each designated entity shall, at least once in each of the two years following the tabling of the designated entity’s SDS in a House of Parliament, provide their appropriate Minister with a report on their progress in implementing their SDS. The Minister shall table the report in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.

Regulatory development

Consultation

As the Order does not impact businesses, Canadian consumers, human health, or the environment, no public consultations were conducted.

Modern treaty obligations and Indigenous engagement and consultation

The Order is not expected to have an impact on modern treaty obligations, or require Indigenous engagement and consultation.

Instrument choice

The making of the Order was the only option available to add the two Crown corporations to the Schedule of the Act to make them subject to the Act’s application.

Regulatory analysis

Impacts

The Act provides the legal framework for developing and reporting on an FSDS. Federal organizations subject to the Act’s application are required to contribute to the development and reporting of the FSDS. The two Crown corporations have voluntarily contributed to past FSDSs, therefore the Government is adding the NCC and JCCBI to the Schedule of the Act on December 1, 2020, thereby making them subject to the Act’s application as of that date. The addition will require the two Crown corporations to contribute to the development and reporting of the FSDS, and it will require them to develop and report on their own individual SDS. Their addition will also promote coordinated action across the Government, with a view to improving the quality of life of Canadians.

The Order does not have an impact on businesses or Canadians consumers, as it will only apply to the two Crown corporations. Any required resources to comply with the Act’s application in relation to the FSDS would be small and drawn from existing resources within each Crown corporation.

Small business lens

The assessment of the small business lens concluded that the Order will have no impact on small businesses.

“One-for-One” Rule

The “One-for-One” Rule does not apply because the Order will not impact businesses.

Regulatory cooperation and alignment

The 2016–2019 FSDS includes actions towards various international and domestic agreements and initiatives. The two Crown corporations are expected to contribute to these overall initiatives through their contribution to future FSDSs.

Strategic environmental assessment

A strategic environmental assessment was conducted during the development of An Act to amend the Federal Sustainable Development Act. The assessment concluded that these amendments will contribute to the overall environmental objective under the Act. The addition of the NCC and JCCBI to the Schedule of the Act contributes to this objective.

Gender-based analysis plus (GBA+)

No groups (based on factors such as gender, sex, age, language, education, geography, culture, ethnicity, income, ability, sexual orientation, gender identity) are expected to be affected disproportionately by the Order.

Implementation, compliance and enforcement, and service standards

There are no implementation, compliance, enforcement or service standards associated with the Order.

Contacts

Gail Haarsma
Acting Director
Sustainable Development Office
Environment and Climate Change Canada
200 Sacré-Cœur Boulevard
Gatineau, Quebec
K1A 0H3
Fax: 819‑469‑1436
Email: ec.durabilite-sustainability.ec@canada.ca

Matthew Watkinson
Director
Regulatory Analysis and Valuation Division
Environment and Climate Change Canada
200 Sacré-Cœur Boulevard, 10th Floor
Gatineau, Quebec
K1A 0H3
Email: eccc.darv-ravd.eccc@canada.ca