Federal Planning Processes

Under Canada’s Constitution Act, 1867 the Government of Canada received one set of responsibilities, while the governments of the provinces were given another.  Environment (or watershed management) is nowhere to be found in the division of responsibilities, and both levels of government have powers over some issues that relate to watershed planning. 

The federal government is responsible for, among other things:

·         fish (which has been interpreted to include fish habitat),

·         navigation of oceans and rivers,

·         oceans,

·         matters relating to First Nations and their land, and

·         inter-provincial or international matters.

Several federal laws require the government to plan and manage for a range of values that can affect watershed management.  In addition, the federal government owns, manages, and plans for a range of land, such as harbour areas, airports, national parks, and First Nations lands.  Between its powers as legislator and land owner, the federal government develops plans related to:

·         Endangered Species – The Federal Government has a role in developing Recovery Plans for the protection of endangered species.  Recovery Plans are mandated by a Federal-Provincial Accord for the Protection of Species At Risk, and will soon be required the new Species At Risk Act.

·         National Parks – The Federal Government develops Park Management Plans for all National Parks established under the Canada National Parks Act. 

·         Migratory Birds – The federal government participates in the North American Waterfowl Management Plan, a strategy developed between Canada, the U.S. and Mexico. 

·         Oceans and Waterways – The federal government develops Integrated Management Plans setting out how coastal areas should be protected under the Oceans Act.  In addition, if the federal government creates a Marine Conservation Area (under the Canada National Marine Conservation Act), then a National Marine Conservation Areas Management Plans must be developed). 

·         Toxins – Environment Canada can require the development of Pollution Prevention Plans to regulate the use of toxins listed under the Canadian Environmental Protection Act.

In addition to planning initiated or led directly by the federal government, there are federal programmes encouraging Agri-Environmental Farm Plans under which farmers develop plans for managing their land. 

The federal government, however, has little jurisdiction over land use planning overall.   Rather the province, and often local governments, carry out general land use planning. 

The three federal agencies that appear to have the most direct and far-reaching impact on land use planning and lower jurisdictional levels are the Canadian Environmental Assessment Agency, Environment Canada, Health Canada, Parks Canada, and Fisheries and Oceans Canada.  The higher-order legislation, which determines jurisdictional rights and limitations, is the Constitution Act.

Related Guide Pages:

·         Federal Government Legislation

·         Provincial Planning

·         Local Government Planning