Download Treasury Board Real Property Environment Policy

Treasury Board of Canada Secretariat
Treasury Board Real Property Environment Policy
Treasury Board Real Property Environment
Policy
(Publié aussi en français sous le titre Politique du Conseil du Trésor sur
l’environnement relatif aux biens immobiliers)
Table of Contents
1. Effective date
2. Policy objective
3. Policy statement
4. Application
5. Policy requirements
6. Responsibilities
7. Monitoring
8. References
8.1 Authority
8.2 Treasury Board publications
9. Enquiries
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Treasury Board Real Property Environment Policy
1. Effective date
This document contains the policy as revised June 1, 1998. It replaces the version dated
November 15, 1993.
2. Policy objective
To contribute to protecting and preserving the environment when acquiring, using and
disposing of real property.
3. Policy statement
It is government policy to acquire, use and dispose of real property in a manner consistent
with the principle of sustainable development.
‘Sustainable development’ is defined in the Treasury Board Real Property Glossary.
4. Application
This policy applies to all departments within the meaning of section 2 of the Financial
Administration Act unless specific Acts or regulations override it.
Note:
There is a wide range of federal environmental legislation that applies to the acquisition,
use and disposal of real property. This legislation includes statutes such as the Canadian
Environmental Protection Act, the Canadian Environmental Assessment Act, the Fisheries
Act and regulations such as the Arctic Waters Pollution Prevention Regulations.
The Government of Canada has also made a commitment to implement the Code of
Environmental Stewardship affecting some aspects of real property management.
5. Policy requirements
(a) Departments must administer real property in a manner consistent with the principle
of sustainable development. In so doing, departments are expected to maintain information
as warranted by the risk to the environment associated with properties in their portfolio.
(b) Before acquiring real property, departments must ascertain the environmental
condition of the property and determine whether it is or can be made environmentally
compatible with its intended use.
(c) Before disposing of real property, departments must ascertain the environmental
condition of the property. Departments must also determine whether or not remediation is
necessary, in consultation with legal and environmental advisors.
(i) In disposing of property that the department has decided needs
remediation, it may be advantageous to have the party acquiring the property
carry out the remediation. In this case the department must take steps to require
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Treasury Board Real Property Environment Policy
that the acquiring party, as part of the transaction, carry out the remediation
within a reasonable length of time.
(ii) In granting leases, licences and easements on federal real property,
departments must ensure that the agreement provides for only those uses that are
consistent with the environmental condition of the property. The agreement must
also require that the other party adhere to the relevant federal and/or provincial
environmental legislation and clean up, to current federal standards, real property
contaminated during the term of the agreement.
Note:
Policy requirements 5(b) and 5(c) do not apply to custody transfers as defined in the
Treasury Board Real Property Glossary. However, any information held by the
transferring department relating to the environmental condition of the property should be
provided to the department receiving administration.
Departments may refer to the Interim Canadian Environmental Quality Criteria for
Contaminated Sites, issued by the Canadian Council of Ministers of the Environment, to
determine the appropriate level of remediation for contaminated property.
6. Responsibilities
(a) The Department of Justice Canada advises on the law, the application and
interpretation of legislation, and drafts clauses in agreements affecting the environmental
liability of the federal Crown when acquiring, using and disposing of real property.
(b) Environment Canada provides advice and recommendations to all federal departments
on environmental matters.
Through a full consultative process, Environment Canada works with departments to
establish federal environmental goals and objectives, and to develop regulations,
directives, guidelines, standards or codes affecting federal departments and agencies.
Environment Canada also:
(i) addresses, with other departments, the financial implications for the
government of complying with proposed environmental regulations, directives,
guidelines, standards or codes, and identifies incremental costs;
(ii) assists other departments in meeting the government’s environmental
objectives and legislative requirements by providing services such as training
and information, and undertaking joint activities such as pilot projects and
feasibility studies; and
(iii) provides a window to the public and other levels of government on the
federal government’s commitment to the environment and the achievement of its
environmental objectives.
(c) The Canadian Environmental Assessment Agency advises departments on the
Canadian Environmental Assessment Act, issues procedural guidelines, publishes reports
on implementation and provides administrative support for public reviews.
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Treasury Board Real Property Environment Policy
(d) Fisheries and Oceans advises on and establishes requirements for areas of federal
jurisdiction under the Fisheries Act.
(e) Natural Resources Canada advises departments on energy use. It also advises and
assists departments in carrying out the Federal Buildings Initiative to reduce energy
consumption in federal buildings.
(f) Public Works and Government Services Canada provides environmental services on
an optional basis. Its services include environmental planning, training, advice, audits,
assessments and reviews, remedial action plans, responses to environmental emergencies
and services required to implement the Code of Environmental Stewardship.
(g) The Treasury Board of Canada Secretariat provides a forum for inter-departmental
consultations with real property custodians on developing and costing proposed federal
environmental regulations, policies, guidelines, directives, standards or codes as they
affect that community.
7. Monitoring
The Secretariat will determine how effective this policy is, find out how it is applied in
departments and decide whether it needs to be revised. It will do this through ongoing
contact with departments, consulting with the Treasury Board Advisory Committee on
Real Property, and noting audits and reviews conducted by departments or the Auditor
General. The Treasury Board Guide to Monitoring Real Property Management provides
information so that departments themselves can monitor and assess policy implementation.
Environment Canada monitors – in a manner determined by the Minister in consultation
with departments – compliance with applicable federal legislation, regulation, directives,
standards and codes.
8. References
8.1 Authority
This policy is issued pursuant to the Financial Administration Act, subsections 7(1), 9(1.1)
and 9(2) and the Federal Real Property Act, subsections 16(1) and 16(4).
8.2 Treasury Board publications
Treasury Board Guide to Monitoring Real Property Management
Treasury Board Real Property Glossary
Treasury Board Risk Management Policy
9. Enquiries
Please direct enquiries about this policy to:
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Treasury Board of Canada Secretariat
Treasury Board Real Property Environment Policy
Portfolio Manager
Policy and Professional Development
Bureau of Real Property Management
Treasury Board of Canada Secretariat
8th Floor, West Tower
L’Esplanade Laurier
300 Laurier Avenue West
Ottawa, Ontario
K1A 0R5
Telephone: (613) 957-9941
Facsimile: (613) 957-2405
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