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Good-Choices-Bad-Choices-01.Pdf Good Choices, Bad Choices. Environmental Rights and Environmental Protection in Ontario Chapter 1 The Environmental Bill of Rights Contents 1.0 THE ENVIRONMENTAL BILL OF RIGHTS 16 1.1 THE ENVIRONMENTAL COMMISSIONER OF ONTARIO 17 1.1.1 EDUCATION AND OUTREACH BY THE ECO 17 1.2 STATEMENTS OF ENVIRONMENTAL VALUES 19 1.2.1 KEEPING THE EBR IN SYNC: THE TBS AND THE MOECC WILL CONSIDER CLIMATE CHANGE IN DECISION-MAKING 19 1.3 PUBLIC NOTICE AND CONSULTATION THROUGH THE ENVIRONMENTAL REGISTRY 20 1.3.1 POLICIES, ACTS AND REGULATIONS 22 1.3.2 PERMITS, LICENCES AND OTHER APPROVALS 22 1.3.3 INFORMATION NOTICES 23 1.3.4 EXCEPTION NOTICES 23 1.3.5 COMPLIANCE WITH EBR PUBLIC CONSULTATION REQUIREMENTS 23 1.3.6 OVERHAULING THE ENVIRONMENTAL REGISTRY 24 1.4 APPEALS, LAWSUITS AND WHISTLEBLOWER PROTECTION 25 1.4.1 APPEALS OF CLASSIFIED INSTRUMENTS 25 1.4.2 LAWSUITS AND WHISTLEBLOWER PROTECTION 27 14 Good Choices, Bad Choices. 2017 Environmental Protection Report THE ENVIRONMENTAL BILL OF RIGHTS 1.5 APPLICATIONS FOR INVESTIGATION 27 1.5.1 INVESTIGATION OF WASTE AT A FORMER SAWMILL 29 1.5.2 INVESTIGATION OF BATTERY STORAGE AT A RAILYARD 29 1.5.3 INVESTIGATION OF CONTAMINATION FROM A SEPTIC TANK 29 1.6 APPLICATIONS FOR REVIEW 30 1.6.1 REVIEW OF A STORMWATER APPROVAL 32 1.6.2 REVIEW OF THE WELLS REGULATION 32 1.6.3 REVIEW OF FRACKING REGULATIONS 33 1.6.4 REFORMING ONTARIO’S ENVIRONMENTAL BILL OF RIGHTS: PROMISES MADE, ACTION NEEDED 36 1.7 REVIEWING MINISTRY PERFORMANCE: EBR REPORT CARDS 38 1.7.1 SUMMARY OF EBR REPORT CARD RESULTS FOR 2016/2017 41 1.7.2 QUALITY OF NOTICES FOR POLICIES, ACTS AND REGULATIONS ON THE ENVIRONMENTAL REGISTRY 44 1.7.3 QUALITY OF NOTICES FOR INSTRUMENTS ON THE ENVIRONMENTAL REGISTRY 45 1.7.4 PROMPTNESS OF POSTING DECISION NOTICES ON THE ENVIRONMENTAL REGISTRY 49 1.7.5 KEEPING NOTICES ON THE ENVIRONMENTAL REGISTRY UP TO DATE 51 1.7.6 HANDLING OF APPLICATIONS FOR REVIEW AND INVESTIGATION 53 1.7.7 AVOIDING OVERDUE APPLICATIONS FOR REVIEW 55 1.7.8 CONSIDERING STATEMENTS OF ENVIRONMENTAL VALUES 57 1.7.9 CO-OPERATION WITH ECO REQUESTS 59 1.8 EBR SUCCESS: THE MNRF SHUTS DOWN THE SNAPPING TURTLE HUNT 60 1.9 EBR SUCCESS: IMPROVEMENTS TO THE MOECC’S FINANCIAL ASSURANCE PROGRAM 64 1.10 THE ECO RECOGNITION AWARD: POLLINATOR HEALTH STRATEGY AND ACTION PLAN 66 Environmental Commissioner of Ontario 15 1.0 The Environmental Bill of Rights Ontario’s Environmental Bill of Rights, 1993 (EBR) is an environmental law unlike any other in the world. The purposes of the EBR are to: THE PEOPLE OF ONTARIO HAVE THE RIGHT TO PARTICIPATE IN • protect, conserve and, where reasonable, restore the ENVIRONMENTALLY SIGNIFICANT integrity of the environment; DECISION MAKING. • provide sustainability of the environment; and • protect the right of Ontarians to a healthful environment. To achieve these goals, the EBR requires the Ontario government to consider the environment in its decision making. Certain ministries, known as “prescribed ministries,” are given varying responsibilities under the EBR. During the ECO’s 2016/2017 reporting year (April 1, 2016 – March 31, 2017), there were 17 prescribed ministries: Agriculture, Food, and Rural Affairs (OMAFRA) Northern Development and Mines (MNDM) Infrastructure (MOI) Government and Consumer Services (MGCS) Economic Development and Growth (MEDG) Tourism, Culture and Sport (MTCS) Labour (MOL) Health and Long-Term Care (MOHLTC) Education (EDU) Transportation (MTO) Municipal Affairs (MMA) Housing (MHO) Energy (ENG) Treasury Board Secretariat (TBS) Natural Resources and Forestry (MNRF) Indigenous Relations and Reconciliation Environment and Climate Change (MOECC) (MIRR) 16 Good Choices, Bad Choices. 2017 Environmental Protection Report THE ENVIRONMENTAL BILL OF RIGHTS While the government has the primary responsibility for protecting the natural environment, the EBR recognizes that the people of Ontario have the right to participate in THE ENVIRONMENTAL environmentally significant decision making, as well as COMMISSIONER IS ONTARIO’S the right to hold the government accountable for those ENVIRONMENTAL WATCHDOG. decisions. The EBR empowers Ontarians to participate in environmental decision making in a number of different ways. Each year, the ECO reports on whether ministries have The EBR’s “tool kit” is a collection of government complied with the procedural requirements of the EBR, obligations and public participatory rights that work and whether ministry decisions were consistent with together to help ensure that the purposes of the EBR the purposes of the EBR. The ECO also reports on are met. The EBR tool kit includes: the progress of the Ontario government in keeping the EBR up to date by prescribing new ministries, laws and • The oversight role of the Environmental Commissioner instruments that are environmentally significant. The of Ontario (see section 1.1); ECO reports to the Legislative Assembly of Ontario – not to the governing political party or to a ministry. • Ministry Statements of Environmental Values (see section 1.2); The ECO also reviews and reports on a wide variety of environmental topics, often relating to recent provincial • Notice and consultation through the Environmental government decisions or issues raised by members of Registry (see section 1.3); the public. Additionally, since 2009, the ECO has been • Leave to appeal and the right to sue (see section 1.4); mandated with reporting annually on the progress of activities in Ontario to reduce emissions of greenhouse • Applications for investigation (see section 1.5); and gases, and to reduce the use or make more efficient use of electricity, natural gas, propane, oil and • Applications for review (see section 1.6). transportation fuels. See the ECO’s website (eco.on.ca) for an up-to-date list of ministries, laws and instruments prescribed under 1.1.1 Education and Outreach by the EBR. the ECO People across Ontario face a wide range of 1.1 The Environmental environmental issues every day, from local questions Commissioner of Ontario about neighbourhood waterways or air quality to broader concerns about a changing climate. Part of The Environmental Commissioner of Ontario (ECO) is an our job is helping the public understand and navigate independent Officer of the Legislative Assembly. Often their environmental rights under the Environmental Bill referred to as Ontario’s “environmental watchdog,” the of Rights, so they can engage directly with Ontario ECO is responsible for reviewing and reporting on the ministries on environmental decisions that matter to government’s compliance with the EBR. To ensure that them. We also report regularly to the Ontario Legislature the EBR is upheld, the ECO monitors how prescribed and the broader public on how well ministries are ministries exercise their discretion and carry out their delivering their environmental responsibilities. responsibilities under the EBR. Environmental Commissioner of Ontario 17 graphics. The very low printing costs compared to our bound reports have allowed for large print runs and PEOPLE ACROSS ONTARIO outreach to many different audiences. FACE A WIDE RANGE OF ENVIRONMENTAL ISSUES In this reporting year, Commissioner Saxe has reached thousands of Ontarians directly through speaking EVERY DAY. engagements and webinars, from a gathering of Regional Public Works Commissioners in Kitchener to Our revamped website (eco.on.ca) has made it easier the annual meeting of Ontario Beekeepers in Ottawa; for the public to access our many relevant reports. and from a conference of Great Lakes scientists on Our website user numbers grew by an impressive Lake Huron to a discussion with woodlot owners in 28% in 2016, and our page-views by 50%, compared Trenton. to the previous year. Ontarians can also follow the ECO through our blog, Twitter, Facebook and LinkedIn Bringing the latest climate science to the attention accounts, as well as our YouTube channel. Stay of Ontario’s key public policy influencers was a top tuned for more updates to the ECO’s website in the priority for the Environmental Commissioner this year. coming year. In early 2017, Commissioner Saxe presented thought- provoking slide decks on the accelerating changes to Also, nearly 1,500 users are now signed up for our climate patterns to dozens of appreciative executive Environmental Registry Alert service on our website audiences in Ontario’s government, industry and to receive e-mail alerts when topics that interest finance sectors. them show up on the Environmental Registry. Until the Ministry of the Environment and Climate Change Commissioner Saxe also met with each of the three (MOECC) completes its promised overhaul of the party caucuses at the Ontario Legislature in the Environmental Registry, our Environmental Registry Alert spring of 2017, to hear about environmental issues service remains the most convenient way to track public from the perspective of MPPs and their constituents. comment opportunities offered by Ontario ministries on The Commissioner also travelled to both Quebec environmental matters. Almost 2,000 people also follow and Manitoba in this reporting period, for information our @EBR_EnvRegistry account to get notified of what’s exchanges on environmental advances and challenges on the Environmental Registry via Twitter. in these neighbouring jurisdictions. Media coverage of our reports to the Ontario Legislature The Sustainability Network also hosted a webinar for us has shown a steady upward trend over the past in October 2016, allowing the ECO to share highlights four years. The ECO’s October 2016 Environmental of our Small Steps Forward report with a Canada-wide Protection Report, Small Steps Forward, received audience. over 350 media hits, while the November 2016 report, Facing Climate Change, received over 570 media Outreach on the citizen engagement toolkit of the hits. Topics from past ECO reports can also receive Environmental Bill of Rights is an ongoing priority for our significant attention, including over 300 media hits in office.
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