Commissioner's Directive 318
Environmental Protection and Sustainable Development

Authorities

• Corrections and Conditional Release Act, section 70
• Canadian Environmental Protection Act
• Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act)
• Impact Assessment Act
• Species at Risk Act
• Fisheries Act
• Wastewater Systems Effluent Regulations
• Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations
• Federal Halocarbon Regulations
• Federal Sustainable Development Act
• Migratory Birds Convention Act
• Environmental Violations Administrative Monetary Penalties Act
• Canada Occupational Health and Safety Regulations

Purpose

Contribute to the conservation of natural resources and environmental performance by reducing the adverse environmental impacts of Correctional Service of Canada (CSC) activities consistent with the Treasury Board Secretariat (TBS) Greening Government Strategy and the Environment and Climate Change Canada (ECCC) Federal Sustainable Development Strategy

Applications

Applies to all staff responsible for activities subject to environmental legislation and the Sustainable Development Strategy commitments for facilities owned by CSC

Responsibilities

1. The Assistant Commissioner, Corporate Services, will provide leadership in the implementation of government priorities regarding compliance with environmental legislation, the Treasury Board Secretariat (TBS) Greening Government Strategy and the CSC Sustainable Development Strategy by:
1. including in the Executive Committee agenda, twice per fiscal year, a presentation on the priorities, issues and challenges related to environmental compliance and performance
2. representing CSC on Assistant Deputy Minister (ADM) level meetings, namely those of the Greening Government ADM Steering Committee and the Federal Contaminated Sites Action Plan ADM Oversight Board.
2. The Director General, Technical Services and Facilities, with the support of the Senior Director, Technical Services, and the Senior Director, Facilities, will:
1. oversee the planning, prioritizing and execution of the CSC Sustainable Development Strategy and the TBS Greening Government Strategy
2. represent CSC on interdepartmental Director General committees coordinated by ECCC, namely:
1. the Federal Contaminated Sites Action Plan Director General Advisory Committee
2. the Federal Sustainable Development Strategy Interdepartmental Director General Committee
3. the Director General Committee on Zero Plastic Waste and the Circular Economy
3. liaise via emails or periodic videoconferences with the Assistant Deputy Commissioner, Integrated Services, to address specific environmental issues, training needs and projects.
3. The Director, Environmental Protection and Sustainable Development, and the environmental staff will:
1. provide scientific, technical and operational advice to managers at the institutional, regional and national levels to ensure environmental compliance with federal, provincial and municipal acts, regulations and standards
2. ensure that the CSC Environmental Protection Management Manual is updated and available on the Hub
3. develop, every three years, a Sustainable Development Strategy to improve CSC’s environmental performance, in accordance with the TBS Greening Government Strategy and the ECCC Federal Sustainable Development Strategy
4. oversee the implementation of environmental sustainability initiatives and environmental protection programs, as well as the CSC Sustainable Development Strategy.
4. The Chief Executive Officer, CORCAN, the Director, CORCAN Construction, the Director, Capital Project Implementation, the Director, Facilities Planning and Standards, and the Regional Manager, Facilities Planning, will ensure, when applicable to their scope of responsibility, that new projects comply with the Impact Assessment Act, and meet the applicable requirements as stated in federal environmental legislation and the CSC Environmental Protection Management Manual.
5. The Director, Contracting and Materiel Services, will ensure that green procurement is strengthened, particularly through internal policies, tools and training in order to:
   1. promote green procurement that includes life-cycle assessment principles
   2. prioritize the adoption of green products and services in accordance with the TBS Policy on Green Procurement and the commitments of the TBS Greening Government Strategy.
6. The Regional Deputy Commissioner, with support from the Director, Environmental Protection and Sustainable Development, and the Regional Coordinator, Environmental Protection, will:
1. provide regional leadership and environmental stewardship by ensuring environmental compliance and promoting improvements to environmental performance related to the TBS Greening Government Strategy and the CSC Sustainable Development Strategy
2. incorporate greening priorities into the responsibilities of senior departmental officials (namely the Assistant Deputy Commissioner, Integrated Services, and the Institutional Heads)
3. invite, twice each fiscal year, the Regional Coordinator, Environmental Protection, to present to the Regional Management Committee the priorities, issues and challenges related to environmental compliance and performance.
7. The Regional Administrator, Technical Services and Facilities, with support from the Regional Manager, Engineering and Maintenance, and the Regional Manager, Facilities Planning, will promote life-cycle principles to maintain CSC infrastructure and manage the regional construction program, while ensuring environmental compliance and performance requirements are met.
8. The Chief, Facilities Management, will provide oversight to ensure that CSC’s infrastructure is maintained by using qualified and experienced technical and support staff and contractors, in order to comply with environmental legislated requirements and to meet performance expectations.
9. In accordance with the established governance structure, the Regional Coordinator, Environmental Protection, and the environmental staff will:
1. provide guidance to institutional and regional staff on the interpretation of environmental acts and regulations, the TBS Greening Government Strategy and the CSC Sustainable Development Strategy
2. incorporate environmental policies and best practices in the planning and delivery of projects, which may include risk analysis and mitigation measures
3. be actively involved in the implementation of institutional environmental measures and initiatives.
10. The Institutional Head, in collaboration with the Assistant Warden, Management Services, the Chief, Facilities Management, and the regional environmental staff, will establish an Institutional Environmental Management Committee.

Procedures

Institutional Environmental Management Committee

11. The Institutional Environmental Management Committee will include, at a minimum, representatives from Management Services, Facilities Management, CORCAN, Food Services, Institutional Services, Operations (Security), Health Services, Environmental Protection, and a member of the Indigenous community within CSC when on Indigenous traditional territory.
12. The Institutional Environmental Management Committee will hold at least four meetings per fiscal year to plan, communicate and implement environmental compliance and sustainability measures, and assess outcomes to ensure continuous improvement. Additional meetings, on an ad hoc basis, can be held with specific members of the Institutional Environmental Management Committee in order to ensure ongoing progress on specific initiatives.
13. Members of the Institutional Environmental Management Committee will implement:
1. measures to ensure compliance with the various federal environmental legislations pursuant to the authorities of this policy document
2. environmental initiatives that contribute to the commitments set out in the TBS Greening Government Strategy, the CSC Sustainable Development Strategy and the CSC Waste Reduction Program.
14. The environmental representative (i.e., the institutional Environmental Officer or a Regional Environmental Advisor) will produce, on behalf of the Institutional Environmental Management Committee, a year-end report outlining the progress achieved during the previous fiscal year as well as the planned environmental initiatives for the coming year, and submit it to the Regional Coordinator, Environmental Protection, and to institutional staff.

Management of Halocarbon Systems

15. The custodians (operators) of systems containing halocarbons in CSC’s facilities will comply with the requirements of the Federal Halocarbon Regulations. Additional guidance can be found in the Environmental Protection Management Manual – Chapter: Halocarbons.

Management of Petroleum Storage Tank Systems

16. The custodians (operators) of storage tank systems for petroleum products in CSC’s facilities will comply with the requirements of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations. Additional guidance can be found in the Environmental Protection Management Manual – Chapter: Petroleum Storage Tanks.

Management of Wastewater Treatment Systems

17. The custodians (operators) of wastewater treatment systems in CSC’s facilities will comply with the requirements of the Wastewater Systems Effluent Regulations. Additional guidance can be found in the Environmental Protection Management Manual – Chapter: Wastewater Collection and Treatment Systems.

Management of Drinking Water Quality

18. The custodians (operators) of drinking water treatment and/or distribution systems in CSC’s facilities will comply with the requirements established in sections 9.24 to 9.29 of the Canada Occupational Health and Safety Regulations. Additional guidance can be found in the Environmental Protection Management Manual – Chapter: Drinking Water.

Impact Assessment of Projects

19. The delivery of construction projects on CSC’s properties will comply with the Impact Assessment Act.

Species at Risk

20. All activities (e.g., construction, maintenance, operations) on CSC’s land will comply with the Species at Risk Act.

Migratory Birds

21. All activities (e.g., construction, maintenance, operations) on CSC’s land will comply with the Migratory Birds Convention Act.

Waste Management

22. The responsible parties in CSC’s facilities will implement waste management practices in accordance with the TBS Greening Government Strategy and the CSC Sustainable Development Strategy commitments. Particular attention will be given to the commitments specified in the Real Property/Waste section of the TBS Greening Government Strategy.
23. With respect to waste management, it is prohibited to:
1. release toxic substances into the environment (water, air and soil), pursuant to the Canadian Environmental Protection Act
2. deposit deleterious substances into waters frequented by fish, pursuant to subsection 36(3) of the Fisheries Act
3. landfill or dispose of wastes on CSC property
4. landfill or dispose of contaminated soil on CSC property
5. burn or incinerate wastes on CSC property
6. use sink garburators in CSC facilities (kitchens).

Water Conservation

24. The responsible parties in CSC’s facilities will implement water monitoring and conservation management practices in line with the TBS Greening Government Strategy and the CSC Sustainable Development Strategy commitments. Particular attention will be given to the commitments specified in the Real Property/Water section of the TBS Greening Government Strategy.

Energy Conservation and Reduction of Greenhouse Gas Emissions

25. The responsible parties in CSC’s facilities will implement energy monitoring and conservation measures as well as greenhouse gas emissions reduction and management practices in line with the TBS Greening Government Strategy and the CSC Sustainable Development Strategy commitments. Particular attention will be given to the commitments specified in the following sections of the TBS Greening Government Strategy:
1. Net-zero emissions by 2050
2. Real property/new construction and major retrofits
3. Leased facilities
4. Low-carbon operations
5. Materiel
6. Biodiversity and nature-based climate solutions.

Environmental Emergencies

26. In cases where significant quantities of hazardous materials are stored on site (with the exception of petroleum products in registered storage tank systems because these are already covered by the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations), the manager responsible for the area where the hazardous materials are stored, in collaboration with the Regional Coordinator, Environmental Protection, will:
1. conduct an environmental risk analysis, pursuant to the Workplace Hazardous Materials Information System. Additional information can be found in the Chapter: Petroleum Storage Tanks in the Environmental Protection Management Manual
2. establish an Environmental Emergency Plan to deal with potential leaks and/or spills. Additional information can be found in the Chapter: Petroleum Storage Tanks in the Environmental Protection Management Manual
3. update the environmental risk analysis and the Environmental Emergency Plan, as required (i.e., when there is a significant change in the quantities or type of hazardous materials stored on site or when there are changes in the environmental surroundings).
27. In the case of a major release (leak and/or spill) of hazardous materials into the surrounding environment, the responder in charge will:
1. follow the established Environmental Emergency Plan and consider the Workplace Hazardous Materials Information System
2. document the relevant circumstances surrounding the incident and the steps taken by promptly completing an Environmental Incident Report (CSC/SCC 1265-03e)
3. submit the Environmental Incident Report (CSC/SCC 1265-03e) to the Regional Coordinator, Environmental Protection, the institutional Environmental Officer or a Regional Environmental Advisor
4. consult with the Regional Coordinator, Environmental Protection, and document the relevant circumstances surrounding the incident and the steps taken by completing an Environmental Incident Report (CSC/SCC 1265-03e). A written report must be submitted to the Regional Director, Environmental Enforcement Directorate of ECCC, by the Regional Coordinator, Environmental Protection.
28. The Institutional Environmental Management Committee will develop a communication plan. In the event of an environmental emergency or a significant environmental incident (e.g., major release), the responder in charge can follow the procedure in place to immediately inform by telephone the appropriate federal and/or provincial authorities having jurisdiction.

Contaminated Sites

29. When an employee suspects that a site has been contaminated on any of CSC’s properties, they must inform the Regional Coordinator, Environmental Protection, in order to ensure that the contaminated site management process is carried out in accordance with the standardized federal approach, (i.e., the Federal Contaminated Sites Decision-Making Framework) and under the direction of the Environmental Protection Division at National Headquarters. The Regional Coordinator, Environmental Protection, will inform in writing the Assistant Warden, Management Services, and the Chief, Facilities Management.

Environmental Records

30. The Chief, Facilities Management, the Chief, Food Services, the Chief, Material Management and Institutional Services, and the CORCAN Operations Manager, when applicable to their scope of responsibility, with the support of the environmental staff, will maintain all environmental compliance paper files or electronic documents on site (including in Community Correctional Centres and CSC‑owned Regional Headquarter facilities) for a minimum of five years from their date of publication or longer as per legislative requirements. For more information, consult the appropriate section of the Environmental Protection Management Manual.

Annex A Cross-References and Definitions

Cross-References

CD 228 – Information Management

CSC Environmental Protection and Sustainable Development
CSC Environmental Protection Management Manual
CSC Sustainable Development Strategy
CSC Waste Reduction Program
CSC Workplace Hazardous Materials Information System

Canadian Environmental Protection Act
ECCC Federal Sustainable Development Strategy
Federal Contaminated Sites Decision-Making Framework
Impact Assessment Act
Migratory Birds Convention Act
Species at Risk Act
TBS Greening Government Strategy
TBS Policy on Green Procurement

Definitions

Adverse environmental impact: any negative change or harmful effect to the natural environment, including degradation of soil, water or air and reduction of flora and fauna and their habitat.

Contaminated site: a location at which soils and/or sediments are contaminated by substances (e.g., chemical, organic or radioactive) at concentrations exceeding reference levels specified in applicable legislation and guidelines and/or that pose a current or imminent threat to human health and/or the environment.

Contaminated site management: the process used to identify, assess and remediate a contaminated site based on the applicable risks.

Environmental emergency: the uncontrolled, unplanned or accidental release of a toxic substance or hazardous material into the environment that requires a rapid response to limit the negative impacts; or the reasonable likelihood of such a release that may affect human health and/or the environment.

Environmental emergency plan: a procedure to minimize and mitigate the adverse environmental impacts through rapid response to incidents involving release of contaminants in the environment. This plan must generally be integrated into the Institutional Contingency Plan.

Hazardous materials: any materials listed in the Workplace Hazardous Materials Information System and which by their nature are potentially hazardous to human health and/or the environment. Hazardous materials may be: explosive, gaseous, flammable, toxic, radioactive, corrosive, combustible or leachable.

Institutional Environmental Management Committee: a permanent committee established at each institution or complex by the Institutional Head, which is responsible for making improvements in environmental management, including by contributing to the commitments set out in the TBS Greening Government Strategy and the CSC Sustainable Development Strategy.

Major release: the spill of 100 litres or more of hazardous product into the environment (beyond the containment area). In such cases, the institution is required to follow up with a written report to ECCC, as indicated in the sections referring to hazardous material releases.

Significant quantities: depending on the toxicity and the concentration of the hazardous material involved, 100 litres/kilograms are generally considered as thresholds.

Sustainable Development Strategy: a departmental planning document that is typically prepared on a three year cycle and considers environmental, social and economical aspects. This document sets goals and commitments/targets for responsible environmental management of operational activities.