2010 dec ebr imc training deck
TRANSCRIPT
Ontario’sEnvironmental Bill of Rights & The Role of the Environmental
Commissioner of Ontario
Office of the Environmental Commissioner of Ontario
December 2010
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
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
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
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
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
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
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.
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
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
Public Rights Under the EBR
Right to: Notice Comment Appeal
Right to pursue: Court action Whistleblower
protection
Right to request: Review Investigation
Environmental Commissioner of Ontario is Gord Miller
Officer of Legislative Assembly
Independent Appointed by the
Legislature 5-year term Impartial Staff of 24
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
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)
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
Hallmarks of a Good Proposal Notice
Post early, post often! Clear, plain language Links to background documents Contact name and phone number
Public Comments
Counting comments What if you have large numbers of
comments? Confidentiality concerns Comments available on-line
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)
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.”
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
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!
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
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
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
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
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
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
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
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
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…”
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)
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
ECO Recognition Award
2008/2009 Winners: MOE’s Go Green Program
Thank You!Questions?
Michelle Kassel
Senior Policy Advisor
(416) 325-3388
Chris Wilkinson
Senior Policy Advisor
(416) 325-5094
www.eco.on.ca
Yazmin ShroffPublic Information & Outreach
Officer(416) 325-0118