Department of the Environment Act (R.S.C., 1985, c. E-10)

Short Title

Marginal note:Short title

1 This Act may be cited as the Department of the Environment Act.

Establishment of the Department

Marginal note:Department established

• 2 (1) There is hereby established a department of the Government of Canada called the Department of the Environment over which the Minister of the Environment appointed by commission under the Great Seal shall preside.

• Marginal note:Minister

  (2) The Minister holds office during pleasure and has the management and direction of the Department.

Marginal note:Deputy head

3 The Governor in Council may appoint an officer called the Deputy Minister of the Environment to hold office during pleasure and to be the deputy head of the Department.

Powers, Duties and Functions of the Minister

Marginal note:Powers, duties and functions of Minister

• 4 (1) The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to

  • (a) the preservation and enhancement of the quality of the natural environment, including water, air and soil quality;

  • (b) renewable resources, including migratory birds and other non-domestic flora and fauna;

  • (c) water;

  • (d) meteorology;

  • (e) notwithstanding paragraph 4(2)(g) of the Department of Health Act, the enforcement of any rules or regulations made by the International Joint Commission, promulgated pursuant to the treaty between the United States of America and His Majesty, King Edward VII, relating to boundary waters and questions arising between the United States and Canada, in so far as they relate to the preservation and enhancement of the quality of the natural environment; and

  • (f) the coordination of the policies and programs of the Government of Canada respecting the preservation and enhancement of the quality of the natural environment.

  • (g) and (h) [Repealed, 1995, c. 11, s. 18]

• Marginal note:Idem

  (2) The powers, duties and functions of the Minister also extend to and include such other matters, relating to the environment and over which Parliament has jurisdiction, as are by law assigned to the Minister.

Marginal note:Idem re preservation and enhancement of environmental quality

5 The Minister, in exercising his powers and carrying out his duties and functions under section 4, shall

• (a) initiate, recommend and undertake programs, and coordinate programs of the Government of Canada that are designed

  • (i) to promote the establishment or adoption of objectives or standards relating to environmental quality, or to control pollution,

  • (ii) to ensure that new federal projects, programs and activities are assessed early in the planning process for potential adverse effects on the quality of the natural environment and that a further review is carried out of those projects, programs, and activities that are found to have probable significant adverse effects, and the results thereof taken into account, and

  • (iii) to provide to Canadians environmental information in the public interest;

• (b) promote and encourage the institution of practices and conduct leading to the better preservation and enhancement of environmental quality, and cooperate with provincial governments or agencies thereof, or any bodies, organizations or persons, in any programs having similar objects; and

• (c) advise the heads of departments, boards and agencies of the Government of Canada on all matters pertaining to the preservation and enhancement of the quality of the natural environment.

Guidelines by Order

Marginal note:Guidelines related to environmental quality

6 For the purposes of carrying out his duties and functions related to environmental quality, the Minister may, by order, with the approval of the Governor in Council, establish guidelines for use by departments, boards and agencies of the Government of Canada and, where appropriate, by corporations named in Schedule III to the Financial Administration Act and regulatory bodies in the exercise of their powers and the carrying out of their duties and functions.

Agreements

Marginal note:Agreements

7 The Minister may, with the approval of the Governor in Council, enter into agreements with the government of any province or any agency thereof respecting the carrying out of programs for which the Minister is responsible.

Annual Report

Marginal note:Annual report

8 The Minister shall, on or before January 31 next following the end of each fiscal year or, if Parliament is not then sitting, on any of the first five days next thereafter that either House of Parliament is sitting, submit to Parliament a report showing the operations of the Department for that fiscal year.