SMALL STEPS FORWARD Environmental Protection Report 2015/2016 VOLUME ONE: ENVIRONMENTAL RIGHTS The people of Ontario recognize the inherent value of the natural environment. The people of Ontario have a right to a healthful environment. The people of Ontario have as a common goal the protection, conservation and restoration of the natural environment for the benefit of present and future generations. While the government has the primary responsibility for achieving this goal, the people should have means to ensure that it is achieved in an effective, timely, open and fair manner. Preamble to Ontario’s Environmental Bill of Rights, 1993 October 2016 The Honourable Dave Levac Speaker of the Legislative Assembly of Ontario Room 180, Legislative Building Legislative Assembly of Ontario Queen’s Park Province of Ontario Dear Speaker: In accordance with Section 58(1) of the Environmental Bill of Rights, 1993, I am pleased to present the 2015/2016 Environmental Protection Report of the Environmental Commissioner of Ontario for your submission to the Legislative Assembly of Ontario. This year’s report is presented in two volumes. Sincerely, Dianne Saxe Environmental Commissioner of Ontario Annual Report 2015/2016 1 Table of Contents Commissioner’s Message 4 Executive Summary 6 1. Ministry Compliance with the EBR 18 2. EBR Applications 46 3. Use of the EBR’s Legal Tools 82 4. The ECO at Work 96 5. Recommendations 108 Environmental Protection Report 2015/2016: Volume 1 3 The Ministry of the Environment and Climate Commissioner’s Change (MOECC) makes the largest number of Message environmentally significant decisions and should set a good example in respecting environmental As your Environmental Commissioner, I am the rights. The ECO is glad to see that the MOECC guardian of the Environmental Bill of Rights (EBR), has, at last, begun posting public progress and I report to the Ontario Legislature, and to the updates on its outstanding applications for public, on energy conservation, climate change review. The MOECC has also begun a long- and environmental protection. This report focuses overdue review of the Environmental Bill of Rights on two questions: itself. These initiatives are important and appreciated. However, much remains to be done: 1. Do the environmental rights of Ontarians get enough respect? (Volume 1) and 1. The Environmental Registry, Ontarians’ 2. How well is the Ministry of Natural Resources window on significant government environ- and Forestry (MNRF) conserving biodiversity mental decisions, is hobbled by obsolete in its most recent initiatives? (Volume 2) software and often frustrates public partic- ipation. A fix to the software seems to be at Environmental Rights least a year away. The environmental rights of Ontarians need more 2. The MOECC is still responsible for more respect. than 400 outdated Environmental Regis- try proposals, depriving Ontarians of their There has been meaningful progress since I legal right to seek leave to appeal on many was appointed Commissioner in December controversial and important environmental 2015. As we showed in our Special Report decisions. EBR Performance Checkup: Respect for Ontario 3. The MOECC has not completed EBR reviews Environmental Rights 2015/2016, Ontario from as far back as 2009, leaving Ontario government ministries worked hard this year to residents hanging and important policy issues improve their compliance with the EBR. unresolved. One relates to the shameful im- pact of Sarnia air pollution on the health of This was welcome and overdue. In 2015, ministries the First Nations community of Aamjiwnaang had 1,800 outdated proposal notices on the and other similar air pollution hotspots. Environmental Registry reaching as far back as 4. When the MOECC “completes” a review, it 1996. By the summer of 2016, more than 1,000 does not always deliver what it promised. For of these outdated notices had been brought up to example, the MOECC agreed in July 2015 date. New notices from some ministries became that the public deserves to know when raw of better quality and more helpful to the public. We sewage is dumped into Toronto’s harbour. It welcomed the Treasury Board Secretariat as our happened again in August 2016, but the pub- 15th prescribed ministry. lic still didn’t receive notice. 4 Environmental Commissioner of Ontario By next year’s report, the MOECC should earn The impact was substantial: Ontarians’ trust by respecting and protecting Ontarians’ environmental rights. 1. Invasive species continued to be a serious threat while some practical and inexpensive The MNRF and Biodiversity precautions were ignored; The MNRF is responsible for almost all of 2. Years of fire suppression impaired the eco- Ontario’s biodiversity, including the plants, logical health of our forests and increased animals and natural landscapes for which we are the risk of catastrophic fires; and famous around the world. This biodiversity will 3. Important wildlife populations, like moose, come under increasing threat as climate change bats and amphibians, declined. accelerates. The MNRF has important new tools this year to conserve our biodiversity: a new The MNRF, like other ministries, struggles to fulfil Invasive Species Act, 2015, a new Wildland Fire its many mandates within the constraints of limited Management Strategy, and new moose management resources, and amid the demands of many stake- measures for this iconic but declining species. holders. But the MNRF can, and must, take its These are good steps in the right direction. biodiversity duties more seriously. It has new tools. Will it use them well? Message Commissioner’s But will MNRF “walk the talk”? Staff Who Go Above and Beyond Unfortunately, we see evidence of the govern- The ECO is impressed by the passion, commitment ment failing to use its tools to provide effective and expertise of many government staff who conservation for Ontario’s species. We have seen devote themselves to Ontario’s environmental instances where the MNRF: well-being, despite obstacles and constraints. With our annual ECO Recognition Award, we are 1. Did what was easiest and cheapest, instead delighted to recognize the initiative of two groups of what works; of civil servants who set outstanding examples 2. Hoped for the best instead of collecting the of environmental commitment and achievement data that are essential for effective species last year. Congratulations to them and to all protection; and the nominees. 3. Relied on others to do the work it should, or used to do, without providing leadership, coordination, funding or accountability. Environmental Protection Report 2015/2016: Volume 1 5 There has been meaningful Executive Summary progress since I was appointed Commissioner. As your Environmental Commissioner, I am the guardian of the Environmental Bill of Rights (EBR), This was welcome and overdue. In 2015, ministries and I report to the Ontario Legislature, and to the had 1,800 outdated proposal notices on the public, on energy conservation, climate change Environmental Registry reaching as far back as and environmental protection. This report focuses 1996. By the summer of 2016, more than 1,000 on two questions: of these outdated notices had been brought up to date. New notices from some ministries became 1. Do the environmental rights of Ontarians of better quality and more helpful to the public. We get enough respect? (Volume 1); and welcomed the Treasury Board Secretariat as our 2. How well do recent Ministry of Natural 15th prescribed ministry. Resources and Forestry’s (MNRF) initiatives conserve biodiversity? (Volume 2) The Ministry of the Environment and Climate Change (MOECC) makes the largest number of Environmental Rights environmentally significant decisions and should The environmental rights of Ontarians need more set a good example in respecting environmental respect. rights. The ECO is glad to see that the MOECC has, at last, begun posting public progress There has been meaningful progress since I updates on its outstanding applications for review. was appointed Commissioner in December The MOECC has also begun a long-overdue review 2015. As we showed in our Special Report EBR of the Environmental Bill of Rights itself. These Performance Checkup: Respect for Ontario initiatives are important and appreciated. Environmental Rights 2015/2016, Ontario government ministries worked hard this year to improve their compliance with the EBR. Prescribed Quality of Notices Timeliness of Handling of Considering Co-operation Ministry Posted on the Decision Notices Applications for Statements of With ECO Environmental and Avoiding Review and Environmental Requests Registry Outdated Investigation Values (SEVs) Proposals MOECC MNRF Excerpt from ECO Special Report, EBR Performance Checkup: Respect for Ontario Environmental Rights 2015/2016 6 Environmental Commissioner of Ontario The MOECC should earn Ontarians’ trust by respecting and protecting Ontarians’ environmental rights. However, much remains to be done: The MNRF and Biodiversity The MNRF is responsible for almost all of Ontario’s 1. The Environmental Registry, Ontarians’ window biodiversity, including the plants, animals and natural on significant government environmental landscapes for which we are famous around the decisions, is hobbled by obsolete software world. This biodiversity is coming under increasing and often frustrates public participation. threat as climate change accelerates. The MNRF 2. The MOECC is still responsible for more than has important new tools this year to conserve