Strategic Plan

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1 Strategic Plan

2 Context The first Environmental Law Centre (ELC) Strategic Plan was developed in This updated version was created in September 2011 based on interviews and a two day workshop engaging the Board and staff. The ELC has adopted a streamlined approach to strategic planning and to documentation of its strategic plan with the intent that the process and the plan will evolve and be refined over time as a living and growing document. The high level policies embedded in the plan will be reviewed every three to five years; the more time sensitive priorities will be updated annually. ELC Framework for Strategic Planning Should have staying power: review and amend infrequently Vision Mission Outcomes Desired future Purpose of the organization Broad, long-term results or ends desired define ongoing aims what the organization aims to accomplish Operational Parameters core services customer definition values/guiding principles positioning statement Guide how work is done, the organization s perimeter of concern, and how we want to behave and be perceived Performance Indicators and Measures of Success Strategies and Priorities Program Annual Business Plan & Budget Broadly defines our operational approach and focus for the planning period Package of projects, activities to deliver on the objectives Work management plan, allocation of resources, budget, deliverables & targets 1

3 High Level Policy Vision our ultimate goal An Alberta where the environment is a priority, guiding society s choices. Mission purpose, why we exist To ensure that Alberta s laws, policies and legal processes sustain a healthy environment for future generations. Outcomes the results we intend to deliver Our Visionary Outcomes define the results we drive towards on behalf of all Albertans and their environment: Alberta will have strong and effective environmental laws, policies and legal processes. o Environmental health and sustainability will be a priority and prime consideration in Alberta s decision-making processes. o Core environmental principles will be widely respected and embedded in Alberta s way of doing business: sustainability, the precautionary principle, pollution prevention, polluter pays, cumulative impacts and intergenerational equity. o Effective environmental assessment will be embedded in regulatory decision-making helping Albertans either do it right or not at all. o Environmental protection, monitoring, assessment and enforcement will be fully resourced in Alberta. o Alberta s environmental laws, policies and legal processes will be constantly improving and will both reflect and contribute to evidencebased best practices. Albertans will be actively and meaningfully engaged in decisions and processes that affect the environment. o Albertans will have the knowledge, opportunity and responsibility to meaningfully participate in processes and decisions that affect the environment. o Alberta will welcome and facilitate public participation in environmental decisions. o Decisions and processes that affect the environment will be open, transparent and accountable. o Public interest standing will be recognized for those with a genuine interest in environmental protection. 2

4 Core Services what we do We strive for excellence in each of the following core service areas: research, analysis and critique leading to effective law reform information provision and educational services support for effective public participation and engagement ensuring that full public interest is represented in decision making processes. Customers who we serve Ultimately, the Environmental Law Centre serves the Alberta environment and the people who share it. Practically, our efforts focus on the following key stakeholders: NGOs and community groups that share our commitment to environmental protection. The general public with emphasis on those who share our commitment and those who are impacted by environmental regulation or lack thereof. The legal community who share our commitment to the application and improvement of environmental law. Corporations and industry needing to build, review and strengthen environmental responsibility in their decision making processes. Educational institutions and students who need our knowledge of evidence-based best practices and process. Government the federal, provincial and local authorities who have ultimate responsibility for shaping, implementing and enforcing environmental law, policy and process. 3

5 Values and Guiding Principles At the Environmental Law Centre, we value: The Environment as a Key Component of the Public Interest A positive future for humans relies on an environment that sustains us. Environmental considerations are key factors in determining the public interest. We seek environmental protection in society s laws, policies and decision-making at all levels. We pursue environmental sustainability of the Centre s operations. A Well-informed Citizenry All citizens must have the knowledge needed to participate in informed debate and to make appropriate decisions for environmental protection. We inform ourselves and promote to other citizens information about key environmental challenges and related decision-making and assist citizens to participate effectively in these processes. Openness and Transparency Environmental laws and policies must be clearly understood and broadly open to public scrutiny. We encourage decision-makers to provide broad public access to information affecting environmental protection and to fully inform citizens of the basis of their decisions. We carry out our activities openly and transparently. Inclusiveness Effective environmental protection must draw on a broad range of perspectives and involve all interests. We work to ensure all interests have the opportunity to be meaningfully involved in decisions affecting environmental protection. Wherever possible, decisions should be taken from a multi-stakeholder approach, and support provided to ensure all perspectives are heard. Legal and Intellectual Integrity Legal initiatives to protect the environment must be based on sound, thorough and well-reasoned research and analysis. We apply strong legal skills and logic to all work we do. Independence and Balance As a stand-alone and politically non-partisan organization, the Environmental Law Centre asserts its independence in the work it does. We are guided by our vision and mission. We advocate on behalf of environmental protection. Accountability - We build and maintain our credibility, both as an organization and as individuals, by fulfilling and accounting for our commitments and responsibilities and by operating in a fiscally sound manner. We answer to each other as colleagues, our Board of Directors as our governance body, our funders and supporters, and the citizens we serve. We participate in processes where we believe we can be most effective given the resources available to us. Respect The Environmental Law Centre is a multi-disciplinary organization that works in a multi-disciplinary field and serves multi-disciplinary audiences. The contribution of every staff member is an important element of the Centre s success, and we recognize and honour the skills, achievements and abilities of each person. We deal in a professional and respectful manner with all those we come in contact with in the course of our work. 4

6 Environmental Law Centre Positioning Statement How we want to be perceived by our stakeholders a goal to be attained The ELC will be a respected and influential leader in the collective effort to ensure that environmental health and sustainability guide the Alberta agenda. As environmental law experts, we will continue to earn and deserve our reputation for objectivity, research integrity and a non-partisan approach. Our plain language services will be valued - making the complexity of both law and environmental issues accessible to public discussion and debate. We will be a trusted partner of choice, the go to organization: for individuals, land owners and small businesses who need timely, practical information and advice when impacted by an environmental issue or challenge; for NGOs and community groups who share our vision and require our objective legal knowledge, analysis and perspective; for governments needing support for either law reform or stakeholder engagement; for donors, foundations and philanthropists who want to invest in the environmental imperative; for lawyers requiring specialized environmental knowledge and legal support; for corporations and industry who understand the importance of environmental stewardship. ELC will itself be a sustainable organization; known for its ability to balance the provision of free services in support of the public good with an enterprise approach that provides accessible, affordable services to those who can pay. We will be seen, welcomed and supported as Alberta s champions of public interest in environmental law reform. See attachment 1 for an overview of the strategic choices that provide the foundation for the above positioning statement. 5

7 Strategies to Guide ELC ( ) General Strategy Broaden and diversify ELC s public good support funding Elaboration To optimize ELC value and impact, many of our services must be free to selected audiences: the general public, those impacted by an environmental issue close by, small landowners who want to be environmentally responsible. We must develop a sustainable funding model or program to support this type of pro bono work. A broad funding base for our legal analysis and critique supports the value we place on objectivity and research integrity. The intent of public good funding is twofold: provide information services at no cost to the public support the majority of research/law reform initiatives with unrestricted funding so as to facilitate flexibility and independence in selecting and pursuing program opportunities. Create a strong social enterprise strategy Our public good work will remain the ELC priority, focused on those with limited ability to pay. We will also build a complementary set of education and research services focused on the needs of customer segments that not only can pay, but who do not expect a subsidy from our public good funding base: government, legal firms, major corporations, industry groups and funded NGOs. These education and research services will account for 10% of our revenue by 2015 with a focus on: Environmental educational programs customized to customer segments that include specific industries and related environmental challenges, local government and law firms. Consulting services that apply ELC s research/analysis ability to the priority concerns of the client, including opportunities to serve government as laws, policies and processes are being considered, crafted or reviewed. Legal education for environmental groups to strengthen their knowledge of aspects of the law that impact their operations. We anticipate that search service income, another part of our social enterprise activities, will account for 20% of our revenue by

8 Build ELC s government relations capacity Build Advocacy Partnerships Leverage Information Technology Create and host high profile, selected issue campaigns While we have had a great deal of success with initial research, analysis and critique work, our stakeholders encourage ELC to stick with it until our recommendations have been implemented. Stronger government relations effort is required: to build commitment to and action on ELC positions and advice to advocate for full and effective implementation and delivery of the intent of law through ongoing policy, regulation, delivery and enforcement. ELC has a clear role in advocating for optimal law, policy and process. We will build on this foundation to help our fellow environmental organizations in two ways; forming partnerships around environmental themes (e.g., watershed protection) or local issues (e.g., southern east slopes) with related NGOS and community groups the ELC contribution will be based on what we do best (research and analysis, effective public process, bringing moderation and objectivity to the debate) serving as a catalyst and conduit when it is appropriate for a wide range of NGOs to work together to make a case for environmental law or policy reform. Over 60% of ELC resources are dedicated to information and public education. Given our intention to be the go to organization for environmental law, policy and process in Alberta, our information infrastructure must be state of the art. Those needing quick, quality information generally begin their search online; if ELC fails to make the correct first impression, the customer will turn to another source and could be lost forever. This strategy implies: integrating our web, communications and library functions and building a leading edge information portal or knowledge management hub reflecting our mission and vision facilitating interactive use of ELC information services including capture of user contact/interest information to support proactive distribution to information market segments managing the transition from library as place to library as service engaging other environmental law experts and groups in co-creation of an optimal environmental law, policy and process resource for Alberta facilitating stakeholder dialogue on current issues and ELC strategic priorities. ELC has traditionally been low profile and focused on response to government driven environmental issues of the day. We want to lead research and action on important environmental law and policy issues in Alberta. This strategy involves: identifying a significant issue that needs increased policy attention; building a related coalition of partners and funders; gathering best practice information from other jurisdictions; adding our own best research, analysis and critique; fostering expert, stakeholder and public dialogue, facilitated to ensure that substantive recommendations emerge; managing the process so that ELC gains both significant profile and revenue. 7

9 Priorities ( ) Our priorities for 2012 to 2015 were selected based on the following criteria: the issue is both current and critical to the future of environmental law, policy and process in Alberta the ELC is ideally positioned to make a significant and successful contribution, and/or the issue is critical to the effective operation and sustainability of the organization. With input from the staff, the Board has selected four law reform priorities: water challenges land stewardship environmental assessment genuine interest standing. Three business system priorities have also been identified: resource development advocacy partnerships IT leverage. An overview of each priority is provided in the table below: what is the issue and why it s important, what results or outcomes are we striving to deliver, and what general approach or strategy will be taken as we proceed to develop more detailed tactics and action/business plans. 8

10 Priority Desired Results/Outcomes Potential Approaches/Strategy Water Challenges Alberta has several initiatives related to the Water for Life policy framework, including its first regional water management plan. Many issues are under active discussion, related to: in stream flow requirements water allocation processes wetland protection water market activity change of use development of appropriate conservation tools integration of Water for Life, ALSA, and CASA requirements, policies and processes governance and leadership. We are setting precedents and must get it right! Alberta legislation, policy and standards will protect sufficient in-stream flow to ensure healthy watershed and aquatic ecosystems. Regulations and monitoring regimes for major resource projects (e.g. oil sands) will protect aquatic ecosystems and water quality for downstream communities. Water allocation and change of use criteria and processes will be clear, equitable and transparent Restoration programs will be both effective and coordinated (e.g. flow, non-point source pollution, riparian areas). conduct a water management best practice scan to inform Alberta policy development review, evaluate and comment on the provincial government s law reform processes related to water flows and water allocation search for and/or develop water conservation tools appropriate in the Alberta context work with partner organization(s) to assess the potential for a strategy to support water trusts in Alberta work towards a centrally funded and coordinated system for restoration programs closely monitor and evaluate initial projects under the Water for Life and ALSA policy umbrellas to ensure optimal environmental protection under these and subsequent initiatives 9

11 Priority Desired Results/Outcomes Potential Approaches/Strategy Land Stewardship The Land Use Framework initiative, supported by the Alberta Land Stewardship Act (ALSA), was initiated in A regional plan is anticipated for each of 7 land use regions; these plans will serve as the overriding plan to guide and align all planning, development and conservation decisions in the region. Environmental issues will be addressed in this context. This system will also identify how available conservation tools may be applied. Another set of precedents and another opportunity to get it right! Application of ALSA, including development of related regional plans, will result in policies and tools that respect core environmental principles. Land use planning laws, regulations and assessments have clear accountability and science-based thresholds for managing cumulative environmental effects on water, land and biodiversity. Review, evaluate and advocate for improvement of ALSA and regional land use plans throughout the planning and approval processes to ensure environmental protection; summarize learnings and conclusions as criteria for subsequent plans Research the use of conservation easements, transfer of development credits, stewardship units and other like instruments in other jurisdictions and review their potential for effective use in Alberta Research, analyze and critique governance and integration issues associated with regional planning, water and airshed management in Alberta (Water for Life, Land Use Framework, Clean Air Strategy) Engage fully in regional planning efforts to protect Southern Alberta s headwaters through policy research, tool development, facilitation of public engagement, and related advocacy activity. Environmental Assessment In the past few years there have been strong critiques of the environmental assessment process in Alberta from many sectors. Both federal and provincial processes are failing to protect the environment from preventable harm. A number of initiatives are supporting current federal and provincial reform processes. The ELC is well positioned to inform the legal aspects of the debate. Environmental assessments will produce and lead to action on meaningful understandings of environmental risk, cumulative impact and sustainability Compatible provincial and federal assessment processes leading to a high level of protection for the environment In cooperation with West Coast Environmental Law: Develop a comprehensive reform proposal and recommend an enhanced decision-making framework for environmental assessment in Alberta Develop and advocate for model environmental assessment legislation at both provincial and federal levels. Engage interested law reform stakeholder groups in Alberta such as environmental, aboriginal and industry organizations. 10

12 Priority Desired Results/Outcomes Potential Approaches/Strategy Genuine Interest Standing Standing is the legal right to a hearing. Current regulations in Alberta favour property and economic interests, the potential polluter and those directly impacted or affected. It marginalizes others who claim an indirect impact, those with credible expertise to contribute, and other parties with a genuine interest in environmental matters. ELC work will address a fundamental flaw in Alberta environmental law that excludes environmental interests and expertise. Reform to the law of standing in Alberta to include those with genuine interest A consistent approach to standing across the range of regulatory agencies in Alberta The environment is protected by an informed and engaged citizenry and environmental organizations. Research common law public interest standing Research and review public interest standing at the administrative level as it is applied by various organizations and boards in Alberta Review best practices in other jurisdictions Generate recommendations for law reform in Alberta Engage specific target audiences (who have been marginalized) and environmental groups in development of the recommendations and advocacy for their adoption. Resource Development Traditional ELC funding patterns are changing. The organization has determined that it wants to shift towards a combined public good (70% grant, philanthropic and cause related marketing support) and social enterprise model (30% earned revenue). Diversified funding to reduce dependency on single sources Sustainable funding Increase in unrestricted resources to facilitate flexibility and independence in selecting and pursuing program opportunities. Complete Fund Development Plan and Case for Support with support of CentrePoint Identify and implement optimal fund development staffing and infrastructure support system Build earned revenue strategy and marketing plan based on environmental education and consulting fee for service 11

13 Priority Desired Results/Outcomes General Approach/Strategy Advocacy Partnerships The ELC has determined that it needs to extend its law reform research, analysis and critique efforts to include strong recommendations, stands and positions. It is also interested in leveraging its legal and process expertise to assist environmental NGOs in their advocacy work. Strong collective voice towards environmental law reform Increased effectiveness and credibility of ENGO advocacy activity in Alberta Form partnerships around local issues or environmental themes with related NGOS and community groups the ELC contribution will be based on what we do best (research and analysis, effective public process, bringing moderation and objectivity to the debate) Serve as a catalyst, coordinator and conduit when it is appropriate for a wide range of NGOs to work together to make a case for environmental law or policy reform. IT Leverage The ELC has managed a traditional library and request based information service for three decades, updated through the addition of online catalogues services. If we are to remain the go to organization for environmental law, policy and process in Alberta, the ELC must continue to modernize information services to remain competitive in an age of knowledge management, portals/hubs, e- service providers, and specialized search engines. ELC positioned as THE one stop shop for information and information services for environmental law, policy and process in Alberta Competitive edge through adoption of leading edge knowledge management and search technology Facilitated online interaction that brings together communities of practice for each strategic law reform priority. Analysis of all available insight as to who our information market really is, what they are looking for, and how they prefer to access related service or support Continued collaboration of ELC library, web and communications staff in the quest for modernization Development of a How To Guide for accessing environmental information in Alberta, including a full length on-line based resource a centralized directory of available information Retention of a consultant to develop a concepts and action plans to build a leading edge information portal or knowledge management hub reflecting our mission and vision See attachment 2 for an early and incomplete draft of a logic model that links core services and priorities to ELC visionary outcomes. 12

14 Strategic Plan Implementation Upon Board approval of the Strategic Plan, the Executive Director and staff will refine or develop details of projects and programs designed to address the priorities. These details will form the foundation for an updated ELC Business Plan and Budget. The Business Plan will further prioritize the planned work over the three year planning period so that all will know what to focus on in each of the fiscal years involved. Staff will also work towards further development of a performance monitoring and management system based on early thinking in the Logic Model contained in attachment 2. As time permits, ELC will refine its understanding of the optimal business model that will support our vision, mission and outcome driven work. This model will focus organization resources on supporting the delivery of our unique value proposition to each customer segment in the most effective and efficient ways possible. The Board and staff commit to an annual review of all of the above each spring with emphasis placed on updating the priority tables in the Strategic Plan. The next review is planned for spring

15 Attachment 1: Organizational Culture Shifts Both Board and staff need a common understanding of how ELC intends to balance its efforts and behaviours in several critical areas. The graphic below is a first cut based on initial discussion held at the September 2011 planning workshop. From time to time, this chart will be reviewed, updated and added to so as to ensure leadership alignment. 14

16 Attachment 2: Logic Model The logic model below is an early draft intended to promote discussion at Board and staff level about the best way to link current priorities and activities to the visionary outcomes desired. 15