2010 dec ebr imc training deck

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Ontario’s Environmental Bill of Rights & The Role of the Environmental Commissioner of Ontario Office of the Environmental Commissioner of Ontario December 2010

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Page 1: 2010 dec ebr imc training deck

Ontario’sEnvironmental Bill of Rights & The Role of the Environmental

Commissioner of Ontario

Office of the Environmental Commissioner of Ontario

December 2010

Page 2: 2010 dec ebr imc training deck

What You’ll Learn Today

ECO’s mandate (and recent additions) EBR history and highlights Ministry responsibilities under the EBR ECO’s tracking and monitoring role ECO’s reporting role ECO’s outreach and education ECO’s Recognition Award

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Before the EBR

Inconsistent policies and rules on consultation requirements for new laws, etc.

No means to hold government accountable for environmentally significant decisions

Courts and Common Law provide a weak toolkit to protect the environment and uneven access and results

Page 4: 2010 dec ebr imc training deck

Need for EBR spelled out in the first edition of Environment on Trial written by CELA lawyers in 1974

Nine different private member’s bills based on the Michigan model for an EBR were introduced in the Ontario Legislature between 1979 and 1991

History of the EBR

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History of the EBR

Task Force worked for more than one year and produced a report released in July 1992 which contained a draft EBR

Internal Govt Committee (IMC) The EBR was proclaimed as a law on February

15, 1994

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Intent of the EBR

Inherent value of natural environment Right to a healthful environment Common goal to protect, conserve and

restore A means to achieve this goal in an effective,

timely, open and fair manner

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Purpose of the EBR

Protect, conserve and, where reasonable, restore integrity of environment

Prevention, reduction and elimination of use, generation and release of pollutants

Protection, conservation of biological, ecological and genetic diversity

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The EBR Recognizes that while...

The provincial government has the primary responsibility for protecting the environment…

The people have a right to participate and need a means to hold the government accountable for that responsibility.

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The Environmental Commissioner of Ontario

Established in 1994, with the passage of Ontario’s Environmental Bill of Rights (EBR)

Reviews and reports on environmental decision-making of prescribed ministries

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Office of the Environmental Commissioner of Ontario

REVIEW & REPORT

APPLICATIONSPUBLIC

EDUCATION &

ASSISTANCE

ASSIST MINISTRIES

WHEN REQUESTED

On EBR Implementation

On Ministry Compliance

Oversee application process

Presentations

Workshops

Resource Centre

Education materials

Education programs

SEVs

ANNUAL REPORT, GHG REPORT, ENERGY REPORT & SPECIAL REPORTS TO LEGISLATIVE ASSEMBLY

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Public Rights Under the EBR

Right to: Notice Comment Appeal

Right to pursue: Court action Whistleblower

protection

Right to request: Review Investigation

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Environmental Commissioner of Ontario is Gord Miller

Officer of Legislative Assembly

Independent Appointed by the

Legislature 5-year term Impartial Staff of 24

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Does the EBR apply to you?

The General regulation under the EBR (O. Reg. 73/94) prescribes: Which Ministries are subject to the EBR Which Acts are subject to the EBR

The Classification of Instruments regulation under the EBR (O. Reg. 681/94) prescribes: Which “instruments” (i.e., approvals, permits,

licences, etc.) are subject to the EBR

Page 14: 2010 dec ebr imc training deck

Posting on the Environmental Registry

A prescribed Minister “…shall do everything in his/her power to give notice to the public” of a proposal for an environmentally significant: Policy (s. 15 of the EBR) Act (s. 15 of the EBR) Regulation under a Prescribed Act (s. 16 of the EBR) Classified instrument (s. 22 of the EBR)

Notice shall be given to the public at least 30 days before the proposal is implemented, through the use of the Environmental Registry (s. 27 of the EBR)

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What is a “Policy”?

Policy is defined as any “program, plan or objective and includes guidelines or criteria to be used in making decisions” (EBR, s. 1)

“Interim” or “temporary” policies are still policies

Be careful in deeming a proposal “administrative”

Proposals with positive environmental impacts are still caught

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Hallmarks of a Good Proposal Notice

Post early, post often! Clear, plain language Links to background documents Contact name and phone number

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Public Comments

Counting comments What if you have large numbers of

comments? Confidentiality concerns Comments available on-line

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Posting a Decision Notice

“As soon as reasonably possible” after a proposal is decided, a decision notice should be posted on the Registry.

Consideration of public comments: “The [decision] notice shall include a brief

explanation of the effect, if any, of public participation on decision-making on the proposal…” (s. 36(4) of EBR)

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Statement of Environmental Values (SEV)

s.11 of EBR

“The minister shall take every reasonable step to ensure that the ministry statement of environmental values is considered whenever decisions that might significantly affect the environment are made in the ministry.”

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Have you Considered Your SEV?

Your SEV should be considered whenever environmentally significant decisions are made

We assume one exists for each environmentally significant decision

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Information Notices (s. 6 of EBR)

Public service when not required to post on the Registry Decisions that are predominantly

administrative or financial Reports issued by advisory committees Release of scientific studies

Inappropriate use of an information notice can be an ‘unposted’

If in doubt – ask the ECO!

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Exception Notices (s. 29 of EBR)

Emergency Danger to public health or safety Harm or serious risk to the environment Injury or damage to property

Equivalent public participation Proposal has already been considered in

another “substantially equivalent” public participation process

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EBR Applications

Application for review (s. 61 of EBR) Of existing policy, act, regulation or instrument Or the need to develop a policy, act, regulation

or instrument

Applications for investigation (s. 74 of EBR) Alleged contravention of a prescribed act

Page 24: 2010 dec ebr imc training deck

The ECO’s Monitoring Role

ECO monitors and evaluates ministry compliance with EBR and use of Registry Select decisions Quality of notices Unposted items Information notices Exception notices Late decision notices and undecided proposal

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The ECO’s Reporting Role

Annual Report

Commissioner’s message Review environmentally significant

decisions (acts, regulations, policies and instruments)

Review applications for review and investigation

Significant and developing issues Updates and ministry progress Environmental registry section Ministry cooperation ECO recognition award Provide recommendations

WE also release a “Supplement”to the Annual Report

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ECO’s Annual Report Cycle

Late fall/early winter: letter outlining research interests and requesting updates on selected topics

January: letter setting out AR timelines and process Early June: draft text sent to ministries for review and

comment Mid-July: ministry comments due back to ECO September: opportunity to view final text at ECO

office Fall: release of AR

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Green Energy and Green Economy Act, 2009(GEGEA)

The GEGEA, passed in May 2009, amended the EBR to expand the ECO’s mandate to report annually on: Progress made toward GHG emission

reductions; and Energy Conservation

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Climate Change and GHG Reductions

New function for ECO S. 58.2(1) of the EBR Reviews the progress of

activities in Ontario to reduce emissions of greenhouse gases (GHGs)

Released in May of each year

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Energy Conservation

New function for ECO s. 58.1(1) of EBR Report on progress of

activities in Ontario to reduce use or make more efficient use of electricity, natural gas, propane, oil and transportation fuels

Can report on all levels of government

Reports in May and November 2010

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Special Reports by ECO

s. 53(4) of EBR

“The ECO may make a special report… at any time on any matter related to this Act that, in the opinion of the Commissioner should not be deferred until the annual report…”

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Special Reports by ECO Climate Change:

Is the Science Sound? (2002)

Doing Less with Less (2007)How shortfalls in budget, staffing and expertise are hampering the abilities of MOE and MNR

The Last Line of Defence:A Review of Ontario’s New Protections for Species at Risk (2009)

Getting it Right:Paying for the Management of Household Hazardous Waste (2010)

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ECO’s Education and Outreach Program

Public Education 50+ keynote presentations per year by

Commissioner 1,600 public inquiries per year Presentations to community groups,

participation in conferences, etc.

Main website: www.eco.on.ca

Wiki of all reports: www.ecoissues.ca

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ECO Recognition Award

2008/2009 Winners: MOE’s Go Green Program

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Thank You!Questions?

Michelle Kassel

Senior Policy Advisor

(416) 325-3388

[email protected]

Chris Wilkinson

Senior Policy Advisor

(416) 325-5094

[email protected]

www.eco.on.ca

Yazmin ShroffPublic Information & Outreach

Officer(416) 325-0118

[email protected]