British Columbia Order in Council — Order under Auditor General Auditor General requested to undertake a Special Assignment regarding a Commissioner for Environment and Sustainability (O.C. 80/2001)

O.C. 80/2001

British Columbia — Orders in Council

Preside g Member eirtlitrecutive Council • 1 ti PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 80 , Approved and Ordered JAN 3 1 2U01 Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Auditor General is requested to undertake the Special Assignment attached to this order. (This

part is for adminisirauve purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Auditor General Act, s. 16 Other (specify):- January 30,2001 Resub 131/2001/33/ca

SPECIAL ASS IGNMENT To begin with the implementation of the Memorandum of Understanding dated January 31, 2001, between the Auditor General and the Executive Council of the Province of British Columbia respecting a Commissioner for Environment and Sustainability, the Auditor General is requested to (

a) select and appoint the Commissioner for Environment and Sustainability after considering the advice of a broad-based selection committee as described in the Memorandum of Understanding, (

b) provide staff and other resources from within the Office of the Auditor General for the work of the Commissioner for Environment and Sustain- ability, and (

c) prepare a report to the Legislative Assembly setting out how best to implement the intentions of the Government and the Auditor General with respect to the Commissioner for Environment and Sustainability as set out in the Memorandum of Understanding. • J

MEMORANDUM OF UNDERSTANDING Between THE AUDITOR GENERAL ("Auditor General") and THE EXECUTIVE COUNCIL OF THE PROVINCE OF BRITISH COLUMBIA ("Executive Council")

WHEREAS: • Both the Auditor General and the Executive Council (the "Parties") wish to establish a Commissioner for Environment and Sustainability ( "the Commissioner"); • The Executive Council is committed to introducing legislation under which the Commissioner will be established as an independent officer within the Office of the Auditor General; and • The Parties wish to take immediate steps to establish the Commissioner in advance of the opportunity to introduce legislation.

NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING: 1. The Parties are committed to a process that is expected to result in legislation under which the Auditor General will appoint the Commissioner after considering the advice of a selection committee. The advice will include a short-list of 3 to 4 candidates. This selection committee will be convened in advance of legislation being introduced and will consist of Members of the Legislative Assembly ("MLAs"), and representatives of environmental organizations, business, labour, First Nations, and the academic community.

It is also understood that legislation to be introduced by a member of the Executive Council will confirm that the term of the Commissioner will be six-years and may be extended by the Auditor General after consultation with an all-party Committee of the Legislative Assembly. 2. Forthwith upon execution of this memorandum of understanding, the Executive Council will fund, and the Auditor General will take the steps necessary to establish, the Commissioner within the Office of the Auditor General.

The steps will include appointing a person, after considering the advice of the selection committee described in paragraph 1, for a m]nimum three-year period and for a salary within the range of $115,000 to $125,000. Once the legislation is in force the first Commissioner will be appointed to a six-year term. 3. In the absence of legislation confirming the Commissioner's mandate, the Auditor General and the Commissioner he appoints will operate within the authority of the Auditor General Act. 4.

Under the proposed legislation, the Commissioner will report to the Auditor General for administrative purposes but professionally, the Commissioner will appear before, and be accountable to, a Committee of the Legislative Assembly. CATEMPV200 I -01-28 Amended MOU #2.dot Page I

Under the proposed legislation, the primary responsibilities of the Commissioner will consist of reporting on behalf of the Auditor General to British Columbians through the Legislative Assembly: - Every two years with respect to the state of the province's ecological health in a report called "BC's Sustainability: A Status Report": Every year on government, ministry and crown corporation performance against publicly-stated sustainability commitments; At any time (or at the direction of the Legislative Committee) on other sustainability matters the Commissioner (or the Legislative Committee) believes should be reported.

While not being a direct advocate for sustainability, the Commissioner will play a vital advisory role with ministries and Crown corporations as they work through their responsibilities. 6. The Commissioner's mandate is to make public recommendations in order to exercise the power of persuasion over activities affecting the sustainability of British Columbia. 7. The Commissioner may enter into protocols with offices such as the Forest Practices Board and the Office of the Ombudsman to minimise duplication with any agencies that may have related functions. 8.

The Commissioner will follow the standard methodologies of the Auditor General, including the existing practice of providing notification to those the Auditor General believes may be affected by the release of any report and providing them the opportunity to address factual issues that may arise. 9. For purposes of the mandate, the term "sustainability" means "the integration of environmental, social, and economic considerations to ensure that the use, development and protection of the environment enables people to meet current needs, while ensuring that future generations can also meet their needs".

While the term is understood to include environmental, social and economic components, it is understood that the first priority of the Commissioner is to address the issue of ecological integrity implicit in sustainability. 10.

A member of the Executive Council will recommend to the Legislative Assembly that a Committee of the Legislative Assembly be established to: Provide critical oversight and a forum to which the Commissioner will be accountable; Review the Commissioner's reports; Review and provide advice with respect to the Commissioner's workplan and budget; Require, if two-thirds of its members consider it necessary, that the Commissioner undertake particular reports, so long as in the Commissioner's opinion, it would not interfere with his or her primary responsibilities; and Undertake a review of the Commissioner's role and primary responsibilities within five years of the proclamation of legislation. 11.

The Executive Council may request that the Commissioner undertake other assignments, so long as the Commissioner is of the opinion that it would not interfere with his or her mandate. 12. The Executive Council will ensure that any strategic plan that it adopts incorporates CATEM P\200 I -01 -28 Amended MOU #2 doc Page 2

sustainability commitments.

In addition, within a phase-in period not to exceed two years from the date that legislation is proclaimed, the Executive Council will cause ministries and Crown Corporations to incorporate the following sustainability elements within their performance plans, as required under the Budget Transparency and Accountability Act: - Contribution to the Province's sustainability goals/targets of each ministry and Crown corporation goal and business area: Specific business areas devoted to sustainability goals; Identification of sustainability performance measurements and targets (quantitative and qualitative as appropriate); and Ministry and Crown corporation "ecological footprint" (e.g., environmental impacts of ministry and Crown corporation operations as distinct from business areas (e.g., travel, energy use, etc.)) and plans to reduce that footprint. 13.

Every year, the Commissioner will prepare a report on government, ministry and crown corporation performance against publicly-stated sustainability commitments.

Every two years, the Commissioner will prepare a report on the Province's ecological health by compiling and critically assessing the indicators and monitoring contained within the ministries' and Crown corporations' performance plans and reports, as well as, if considered advisable, such reports from other relevant organizations such as the Forest Practices Board, the Provincial Health Officer, MELP's "Environmental Trends" group, the Fraser Basin Council, the Georgia Basin Initiative, and any relevant private sector reports. 14.

The Commissioner may recommend the adoption of targets and indicators to ministries and Crown corporations. 15. The Commissioner will review all government policies against publicly-stated sustainability commitments, not solely those explicitly environmental in nature. 16. Subject to any protocol with another agency that may have a related function, the Commissioner may receive written submissions from the public, and the Commissioner may forward the submissions with recommendations, if any, to the ministry or Crown corporation affected.

The written submissions may be used as the basis for reports if the Commissioner deems it relevant, and in any event, must be referred to in his or her annual report. 17. The Commissioner will establish an external advisory committee consisting of representatives of environmei—al organizations, business, labour, First Nations, and the academic community in order to receive ongoing advice about the Commissioner's workplan and about each report undertaken. 18.

The Executive Council will ensure that an internal committee consisting of senior officials from ministries and Crown corporations is established to advise the Commissioner, to help gather information necessary for the fulfillment of his or her responsibilities, and in general, to provide a centre of responsibility for sustamability within government. 19. Given the high priority the Parties attach to immediately establishing the Commissioner, the Executive Council will provide $180,000 for expenditure during the current fiscal year, and $900,000 for annual expenditure during subsequent years. 20.

The Commissioner may create, if he or she considers it appropriate, the position of "Science Advisor to the Commissioner". C ATEMPN 2001-01-28 Amended MOU #2.doc Page 3

The Auditor General On beh 21. The Parties acknowledge that the Auditor General is accountable directly to the Legislative Assembly through the all-party Public Accounts Committee with respect to the use of financial resources, including the staffing and remuneration policies and decisions applicable to his Office. 22. This Memorandum of Understanding is not intended to be legally binding and will terminate upon the coming into force of the legislation contemplated herein. Signed this 30 day of l'opowl , 2001 at V t 4.4o no, , British Columbia C:\TEMP\2001-01-28 Amended MOU #2.doc Page 4

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 80/2001
Type	order_in_council
Volume / chapter	arc oic 0080 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	7ac374738e6cc8e261871ecd6b646a794d5e3be7

Source file is stored in the law ingest library (pdf).