Ontario’s
Environmental Commissioner says officials in the provincial
government are defying the will of the Legislature and ignoring the
public’s right to be involved in the development of environmental
policy.



In Part I of his 2011/2012 Annual Report released today, Ontario’s
Environmental Commissioner Gord Miller highlighted the government’s
obligations under Ontario’s Environmental Bill of Rights, 1993,
also known as the EBR. “The EBR is one of the most significant
environmental laws of our time,” says Miller.

“It gives Ontarians a toolkit they can use to make sure Ontario
ministries are listening to their concerns and protecting their
right to a healthy environment. But a number of ministries are
frustrating the public’s right to know and be involved in
environmental protection.”

“I am astounded by the level of
disregard and contempt being shown to the statutory requirements of
the Environmental Bill of Rights.” Gord Miller, Ontario
Environmental Commissioner. Miller says a key
tool in the EBR toolkit is the Environmental Registry (href=”http://www.ebr.gov.on.ca/”
target=”_blank”>www.ebr.gov.on.ca). Ministries that are covered
by the EBR are required to post any environmentally significant
proposals on this searchable on-line database.

The posting of a proposal notice guarantees the public at least
30 days to comment on the proposed government initiatives,
notification of the decision, and an explanation of how their
comments were considered in the final decision.



The Commissioner says a number of ministries are ignoring the
requirements of the EBR and proceeding with far-reaching
environmental plans, policies and programs without properly
notifying and consulting the public.

• The Ministry of Energy didn’t post a full proposal notice on
  the Environmental Registry when it announced its review of the
  Feed-in Tariff program for renewable energy. Instead, it only
  posted an “information notice”, which does not give the public the
  right to have their comments considered, or the right to see how
  their comments were reflected in the final decision.
  
   



• The Ministry of Natural Resources didn’t notify and consult the
  public on its strategic policy document,Our Sustainable Future: A
  Renewed Call to Action, even though it gives overall direction for
  all of the ministry’s core activities and programs for years to
  come.

In his report, Miller singles out the Ministry of Natural
Resources for special criticism.

“Over the past few years, it has increasingly evaded its
obligations under the EBR. I think the Ministry of Natural
Resources should be classified as a ‘chronic offender’ for its
repeated refusal to post important proposals on the Environmental
Registry. The Legislature should be offended by the ministry’s
conduct.”

        
        
        
        
        
        
        
        
        
        
        
        

Miller says the flouting of the public’s rights extends beyond the
refusal to use the Environmental Registry. Some important
ministries still aren’t “prescribed” or covered by the
Environmental Bill of Rights. For example, the Ministry of
Infrastructure, which is in charge of legislation with clear
environmental impacts like the Places to Grow Act, is still not
prescribed.



Other ministries already subject to the EBR systematically deny
every application from the public for a policy review or an
investigation of suspected illegal activity. The Ministry of
Northern Development and Mines and the Ministry of Municipal
Affairs and Housing have in fact denied every application they have
received since the Legislature gave the public these rights 18
years ago; the Ministry of Natural Resources has not undertaken a
single application submitted in the last five years.



Moreover, four years after the Ontario Divisional Court ruled that
ministries must consider their Statements of Environmental Values
(SEVs) when making decisions on all instruments (e.g., permits,
approvals, licences) that are prescribed under the EBR, the
Ministry of Natural Resources and the Ministry of the Environment
still are not fully complying with this important requirement under
the EBR.



“I am astounded by the level of disregard and contempt being shown
to the statutory requirements of the Environmental Bill of Rights,”
says the Commissioner. “Senior members of the Ontario Public
Service are ignoring their responsibility to support and implement
the will of the Legislative Assembly.”

The Environmental Commissioner of Ontario is appointed by
the Legislative Assembly to be the province’s independent
environmental watchdog, reporting publicly on the government’s
environmental decision making.



Download the Environmental Commissioner’s full 2011 /2012 Annual
Report, Part I, “Losing Touch” at href=”http://www.eco.on.ca/”>www.eco.on.ca/