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FederalDid not become law (session ended)40th Parliament, 2nd Session

Bill S-206 explained in plain English

An Act respecting the office of the Commissioner of the Environment and Sustainable Development

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 2nd Session
Bill number
Bill S-206
Full title
An Act respecting the office of the Commissioner of the Environment and Sustainable Development
Current status
Did not become law (session ended)
Latest event
At second reading in the Senate
Last updated
Nov 24, 2009

Official Parliament of Canada snapshot for 40th Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the Senate
Latest Activity
Nov 24, 2009
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-206 establishes an independent Commissioner of the Environment and Sustainable Development who will monitor federal government progress on sustainability and report directly to Parliament.

What It Means

Bill S-206 creates a new independent office called the Commissioner of the Environment and Sustainable Development. This Commissioner will be appointed by the Governor in Council (the federal cabinet) after consultation with party leaders in Parliament and approval by both the Senate and House of Commons. The Commissioner will serve a single 10-year term and must retire at age 65. The main job of the Commissioner is to monitor and report on how well federal government departments are making progress toward sustainable development. Sustainable development is defined as development that meets current needs without harming the ability of future generations to meet their own needs. The Commissioner will examine whether major federal departments are meeting their own sustainability targets and implementing their sustainable development strategies. The Commissioner will produce annual reports to Parliament and can issue additional reports on urgent matters. The bill also allows Canadian residents to submit petitions to the Commissioner about environmental matters that fall under federal jurisdiction. The Commissioner must forward these petitions to the appropriate minister within 15 days. Ministers must acknowledge receipt within 15 days and provide a substantive response within 120 days (or notify the petitioner of a longer timeline if needed). The Commissioner will have broad access to information held by federal departments and can require federal officials to provide documents, reports, and explanations needed to do the job. Staff working in the Commissioner's office will need to comply with security requirements and take oaths of secrecy that apply to the departments they are monitoring. The bill repeals the provisions of the Auditor General Act that previously established a Commissioner of the Environment and Sustainable Development as a subordinate position within the Auditor General's office. This change makes the Commissioner an independent officer of Parliament directly accountable to both the Senate and House of Commons, rather than reporting to the Auditor General. The bill also makes related changes to other federal laws to add the new Commissioner's office to various schedules and lists, such as those relating to access to information, official languages, human resources compensation, privacy protection, and disclosure protection for public servants.

What This Bill Does
  • Creates the office of an independent Commissioner of the Environment and Sustainable Development appointed by the Governor in Council after consultation with party leaders and approval by both Houses of Parliament
  • Specifies that the Commissioner will serve a single 10-year term and must retire at age 65
  • Establishes that the Commissioner cannot be reappointed to the office after serving one term
  • Sets the Commissioner's salary equal to that of a puisne (associate) judge of the Supreme Court of Canada
  • Gives the Commissioner a mandate to monitor and report on the progress of major federal departments (called 'category I departments') toward meeting sustainability targets and implementing their sustainable development strategies
  • Requires the Commissioner to examine tri-annual federal sustainability progress reports to assess whether the information is accurate and complete
  • Authorizes the Commissioner to receive written petitions from Canadian residents about environmental matters within federal jurisdiction and requires the Commissioner to forward petitions to the appropriate minister within 15 days
  • Requires ministers to acknowledge receipt of petitions within 15 days and provide substantive responses within 120 days (or notify of a longer timeline)
  • Mandates the Commissioner to report annually to the Senate and House of Commons on the Commissioner's work, whether cooperation from federal officials was obtained, and matters of environmental and sustainable development importance
  • Allows the Commissioner to issue special reports to Parliament when urgent or important matters arise that should not wait for the annual report
  • Grants the Commissioner free access to federal government information and the power to require federal officials to provide documents, reports, and explanations needed to fulfill the Commissioner's responsibilities
  • Requires staff in the Commissioner's office to comply with security requirements and take oaths of secrecy applicable to the departments they are examining
  • Gives the Commissioner authority over hiring, employment conditions, and human resources management for the Commissioner's office staff
  • Allows the Commissioner to contract for professional services without Treasury Board approval (within budget limits)
  • Provides immunity from legal proceedings to the Commissioner and office staff for actions taken in good faith in performing their duties
  • Specifies that the Commissioner and staff cannot be compelled to testify in court regarding information obtained during their work (except in perjury cases)
  • Requires the Commissioner to prepare annual budget estimates for Parliament and allows the Commissioner to report to Parliament if estimated funding is inadequate
  • Repeals the provisions of the Auditor General Act that established the previous Commissioner position as a subordinate officer within the Auditor General's office
  • Makes the Commissioner subject to access to information and privacy legislation and adds the Commissioner's office to various federal regulatory schedules
  • Allows an interim appointment of a qualified person to the Commissioner position for up to six months if the office is vacant or the Commissioner is absent or incapacitated
Who Is Affected
  • The Governor in Council (federal cabinet), which appoints the Commissioner after consultation with party leaders
  • Leaders of all recognized parties in the Senate and House of Commons, who must be consulted on Commissioner appointments
  • Both the Senate and House of Commons, which must approve the appointment and receive the Commissioner's reports
  • The person appointed as Commissioner, who will serve a single 10-year term with specific duties and protections
  • Employees and officers of the Commissioner's office, who will be hired and managed by the Commissioner
  • Federal government departments and agencies designated as 'category I departments' (those listed in the Financial Administration Act and those named in the Federal Sustainable Development Act), which will be monitored and must cooperate with the Commissioner's investigations
  • Federal government officials and employees, who can be required to provide information and explanations to the Commissioner
  • Canadian residents who can submit petitions about environmental matters to the Commissioner
  • Federal ministers, who must acknowledge and respond to petitions forwarded by the Commissioner
  • The Auditor General, whose office will no longer have authority over the Commissioner (previously the Commissioner was a subordinate officer within that office)
Rights, Duties, Or Obligations
  • The Commissioner is obligated to monitor and report on the progress of federal departments toward sustainable development
  • The Commissioner must produce an annual report to both Houses of Parliament by December 31 each year
  • The Commissioner can produce additional special reports to Parliament when urgent or important matters arise
  • The Commissioner must forward petitions from Canadian residents to appropriate ministers within 15 days of receipt
  • The Commissioner has the right to free access to federal government information needed to fulfill responsibilities
  • The Commissioner can require federal officials to provide information, reports, and explanations
  • The Commissioner is entitled to immunity from legal proceedings for actions taken in good faith
  • The Commissioner cannot be compelled to testify in court regarding information obtained during investigations (except in perjury cases)
  • The Commissioner has authority over hiring and human resources management for office staff
  • The Commissioner can contract for professional services without Treasury Board approval (within budget limits)
  • Federal ministers receiving petitions must acknowledge receipt within 15 days
  • Federal ministers must provide a substantive response to petitions within 120 days (or notify of a longer timeline)
  • Federal officials must cooperate with the Commissioner's investigations and provide required information
  • Federal employees working with the Commissioner must comply with security requirements and take oaths of secrecy
  • Canadian residents have the right to submit written petitions to the Commissioner about environmental matters within federal jurisdiction
Important Dates
  • The bill will come into force on dates to be fixed by order of the Governor in Council, but only after Parliament has appropriated funding for the office
  • The Commissioner must produce annual reports to Parliament by December 31 each year
  • The Commissioner has 15 days to forward petitions to ministers
  • Ministers have 15 days to acknowledge receipt of petitions
  • Ministers have 120 days to provide substantive responses to petitions (or must notify of a longer timeline)
  • Federal departments must update their sustainable development strategies at least once every three years
  • Federal sustainable development progress reports must be provided at least once every three years
Financial Or Tax Impacts
  • The Commissioner will receive a salary equal to that of a Supreme Court puisne judge
  • Parliament must appropriate funding for the Commissioner's office (salaries, allowances, and expenses) before the bill can come into force
  • The Commissioner will prepare annual budget estimates for Parliament
  • The Commissioner can report to Parliament if estimated funding is deemed inadequate to fulfill responsibilities
  • The Commissioner can contract for professional services within total dollar limitations established in appropriation Acts
  • Appropriation divisions into allotments under the Financial Administration Act do not apply to the Commissioner's office
Enforcement Or Penalties
  • The Commissioner can be removed for cause by the Governor in Council on address of the Senate and House of Commons
  • The bill does not explicitly specify penalties for federal officials who fail to cooperate with the Commissioner's investigations or refuse to provide required information
  • The bill does not specify penalties for ministers who fail to acknowledge or respond to petitions within required timeframes
  • The bill provides immunity from legal action to the Commissioner and staff, protecting them from prosecution for actions taken in good faith
Uncertainties Or Limits
  • The bill does not specify the exact date on which it comes into force; it will come into force on dates set by order of the Governor in Council, and only after Parliament appropriates funding for the Commissioner's office
  • The bill does not detail which specific federal departments are 'category I departments' beyond referencing existing schedules in the Financial Administration Act and Federal Sustainable Development Act
  • The bill does not specify the size of the Commissioner's office, the number of staff, or details about the office's structure and operations
  • The bill does not clarify what constitutes an 'environmental matter' for purposes of the petition process or how broadly this will be interpreted
  • The bill does not specify remedies or enforcement mechanisms if a minister fails to acknowledge or respond to a petition within the required timeframes
  • The bill does not detail how the Commissioner will prioritize monitoring among numerous federal departments or what methodology will be used for assessments
  • The bill does not specify how the 'fairness' or 'accuracy' of federal sustainability reports will be assessed or what standards will apply
  • The bill does not clearly define all the powers of the Commissioner regarding access to cabinet materials or advice, though it states access to information is subject to other Acts of Parliament
  • The bill does not specify how long the Commissioner's office will retain petition files or other documents
  • The bill does not indicate whether the Commissioner's office will have regulatory powers or whether recommendations in reports are binding on federal departments
Laws Or Regulations Affected
Auditor General Act
repeals

The provisions that created the Commissioner of the Environment and Sustainable Development as a subordinate officer within the Auditor General's office are removed. The Commissioner becomes an independent officer of Parliament reporting directly to both Houses.

Federal Sustainable Development Act
amends

Updates the definition of 'Commissioner' to refer to the new independent Commissioner established under this bill rather than the previous subordinate position. Also clarifies that the Commissioner (not the Office of the Auditor General) will examine tri-annual federal sustainability reports and that both Houses of Parliament must be included in receiving these reports.

Access to Information Act
amends

Adds the Office of the Commissioner of the Environment and Sustainable Development to the list of institutions that must refuse to disclose information obtained during investigations or examinations.

Financial Administration Act
amends

Adds the Office of the Commissioner of the Environment and Sustainable Development to multiple schedules that list federal government institutions and specifies reporting lines and budget authority.

Official Languages Act
amends

Adds the Office of the Commissioner of the Environment and Sustainable Development to the list of federal institutions required to meet official languages obligations (providing services in both English and French).

Privacy Act
amends

Adds the Office of the Commissioner of the Environment and Sustainable Development to the schedule of institutions that must comply with privacy law requirements.

Public Sector Compensation Act
amends

Adds the Office of the Commissioner of the Environment and Sustainable Development to the schedule listing federal government institutions subject to compensation management rules.

Public Servants Disclosure Protection Act
amends

Adds the Office of the Commissioner of the Environment and Sustainable Development to the schedule of federal institutions whose employees are protected when they report wrongdoing.

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
Jan 27, 2009
Completed

Bill S-206, concerning the office of the Commissioner of the Environment and Sustainable Development, completed its first reading in the Senate on January 27, 2009.

Introduction and first reading, Jan 27, 2009
End of stage activity, Jan 27, 2009
Chamber sittings
Introduction and first reading - Jan 27, 2009

During this Senate sitting on January 27, 2009, Bill S-206 was introduced for its first reading, and the Senate also engaged in debates on other matters and began the adjourned debate on the Speech from the Throne.

Step 2
Second reading
Nov 24, 2009
Not completed

Bill S-206, concerning the office of the Commissioner of the Environment and Sustainable Development, was undergoing second reading debate in the Senate, with the last debate occurring on November 24, 2009.

Chamber sittings
Debate at second reading - Mar 11, 2009

On March 11, 2009, the Senate held its second reading debate for Bill S-206, which was adjourned, and also paid tribute to retiring Senator Michel Biron.

Debate at second reading - May 14, 2009

On May 14, 2009, the Senate sat for routine proceedings, question period, and orders of the day, during which Bill S-206 was listed for continued debate at second reading but was not debated.

Debate at second reading - Sep 30, 2009

During a Senate sitting on September 30, 2009, Senators made statements, engaged in Question Period on various issues, and continued debate on several items on the Order Paper, including Bill S-206, which was adjourned.

Debate at second reading - Nov 24, 2009

During a Senate sitting on November 24, 2009, senators paid tribute to a retiring colleague, tabled committee reports, engaged in question period, and continued debate on several bills, including Bill S-206.

Step 3
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Elaine McCoy
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced