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Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the Sustainability Network and the Ontario Professional Planners’ Institute WELCOME!

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Page 1: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights

EBR Training Workshop March 4 and 5, 2014

With the Sustainability Network and the Ontario Professional

Planners’ Institute

WELCOME!

Page 2: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

EBR Training Workshop you’ll learn about:

the Environmental Registry

Applications for Review

Applications for Investigation

Appeals

the work of the ECO

Page 3: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the
Page 4: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Why do we need the EBR? Before EBR:

• Little transparency: ministries could make rules and

policies behind closed doors

• No obligation to consult the public (although some would

do so)

• No obligation to explain how they made their decision

Page 5: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The Environmental Bill of Rights: (EBR)

worth using

has limitations; deal with it

better input = better results

Page 6: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The Environmental Bill of Rights: (EBR)

The EBR is designed to provide:

• Public Participation

• Transparency

• Accountability

Page 7: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

What is under the EBR umbrella: 15 ministries, including:

Ministry of the Environment

Ministry of Natural Resources

Ministry of Agriculture and Food

Ministry of Energy

Ministry of Municipal Affairs and Housing

Ministry of Northern Development and Mines

Ministry of Transportation

Page 8: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Achievements of the EBR Tools that work:

The Environmental Registry

Applications for Review and Investigation

Appeals

Environmental Commissioner’s Office

Page 9: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The Environmental Registry www.EBR.gov.on.ca

Page 10: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The Right to Know and Comment The Environmental Bill of Rights gives you the right to:

know about environmentally significant decisions the

Ontario government makes; and

have a say in the decision-making process

Page 11: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The Environmental Registry

A searchable on-line database of government

proposals and decisions that affect the environment

Ministry of the Environment

Page 12: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The Environmental Registry Environmentally

significant policy, act, regulation or instrument (e.g., permit or approval)

Page 13: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Environmentally significant policy, act,

regulation or instrument (e.g., permit or approval)

The Environmental Registry

Proposal notice: • Description of

proposal • Links to proposal

and background material

• Contact info • How to comment

Page 14: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The Environmental Registry

Page 15: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The Environmental Registry Decision notice: • Description of

decision • Links to decision • Comments

submitted online • Effects of

consultation

Page 16: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The Environmental Registry

Invasive Species Act

Environmental standards for end-of-

life vehicles

Provincial Fish Strategy

Permits to Take Water

Exploration permits under the Mining Act

Environmental Compliance Approvals

Page 17: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Shows you what ministries are working on

Lets you comment before decisions are made

Shows you the comments of other people

Shows you how the ministry considered public comments

The Environmental Registry

Page 18: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

A huge historical database

Over 30,000 proposals (1995-now)

The Environmental Registry

Page 19: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

In an average year, about 2,500 proposals are

posted on the Registry

• About 80 proposals are for policies, acts and

regulations

The Environmental Registry

Page 20: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Ontarians use the Registry

10,034 comments

187 comments 193 comments

244 comments

Page 21: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Registry Comments DO Influence Decisions

For example, the Ministry of the Environment used the Registry to consult the public on requirements for preparing source protection plans.

86 comments

As a result, the ministry: • clarified provisions • broadened the scope for source

protection plans • enhanced provisions for

consultations with First Nations

Page 22: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Using the Environmental Registry Browse the Registry for notices

Quick Searches (Notices posted today/this week/this month)

Notices open for commenting

Content of Proposal Notices and Decision Notices

Search the Registry for notices on a particular topic

Filtering by keyword, proponent, ministry, notice type, time period, geographic area

Submit comments on a proposal

View comments submitted by others

Read how public consultation affected the decision

FAQs, useful links and information how to use the Registry

Page 23: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The Environmental Registry www.EBR.gov.on.ca

Page 24: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Environmental Registry Tips

Change default year in your Advanced Search

To see the proposal notice on an already made decision, you

must click on the link on the bottom of the decision notice

Be wary using Keyword and Geographic Location Filters

Note that formatting in your comments may be lost

Keep your comments polite, specific and succinct

The Environmental Registry is not a petition or vote

Page 25: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

You might be left out of the loop on new laws, regulations and

policies

You might be kept in the dark on changes to environmental

approvals and permits in your neighbourhood

What you LOSE if you

Don’t Search the Registry

Page 26: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Your comments won’t be part of the permanent public record

Ministries are not obliged to consider your comments when

making a decision

Ministries are not required to explain how public consultation

affected a decision

The Environmental Commissioner of Ontario won’t have access to

your comments when reviewing the ministry’s decision

May not consider and raise your comments in our Annual Reports

What you LOSE if you Don’t

Comment via the Registry

Page 27: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The Environmental Registry

Overall, the Environmental Registry is a powerful tool!

Page 28: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Review

Page 29: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

There really ought to be an

environmental law about that!

That Act needs to be updated to

ensure environmental

protection!

That environmental policy isn’t working!

Page 30: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Review You can request a review of an existing

provincial policy, Act, regulation or instrument

(e.g., permit)

The Mining Act Road Salt Exemption

A Permit to Take Water

Page 31: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Land use planning system for northern Ontario

Applications for Review You can also request a review of the need for a

new Act, regulation or policy

Protection for the Waterloo Moraine

Page 32: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Review The ECO receives about 20 applications for review

per year

Ministry of the Environment (54%)

Ministry of Natural Resources (26%)

Page 33: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Review The ECO receives about 20 applications for review

per year

Municipal Affairs and Housing (9%)

Northern Development

and Mines (5%)

Energy (4%)

Agriculture and Farming (1%)

Consumer Services (1%)

Ministry of the Environment (54%)

Ministry of Natural Resources (26%)

Page 34: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Review - Results Over the past 20 years, Ontarians have submitted over 650 applications for review

Page 35: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Review - Results

Undertaken (15%)

Over the past 20 years, Ontarians have submitted over 650 applications for review

Page 36: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Review - Results

Ministry action taken (79%)

For example: • New legislation • Amendments to regulations • Changes to approvals

Over the past 20 years, Ontarians have submitted over 650 applications for review

Page 37: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Review - Results

Denied (80%)

Over the past 20 years, Ontarians have submitted over 650 applications for review

Page 38: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Review - Results

Denied but ministry action

taken (32%) Denied (80%)

Over the past 20 years, Ontarians have submitted over 650 applications for review

Page 39: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Application for Review - Example Review of the Aggregate

Resources Act REQUESTED

• New reporting requirements for aggregate operators

• New powers for ministry inspectors • Expanded the Act’s geographic scope • Increased fees/royalties for operators

Ministry of Natural Resources

Page 40: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Application for Review - Example New regulation to make

clothesline restrictions invalid REQUESTED

Restrictive covenants and agreements that ban the use of outdoor clotheslines are illegal

Ministry of Energy

Page 41: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Application for Review - Example

Application for Review Oak Ridges Moraine

Conservation Act Application for Review

Page 42: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Application for Review - Example

Application for Review Provincial Parks and Conservation

Reserves Act Application for Review

Page 43: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Reasons Why Ministries Might Turn Down Your Application

1. You are asking the ministry to review a decision that was made in the past five years

2. The public has already had an opportunity to participate in the decision’s development

3. The public interest does not warrant a review • No potential for harm to the environment • Issues raised already subject to periodic review

4. You raised issues outside the ministry’s mandate 5. The ministry lacks the resources to undertake the review

Page 44: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Do your homework

Find out what you can and cannot request (see O. Reg. 73/94)

How to Prepare an Application Excellent

^

www.eco.on.ca

Page 45: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Acts and ministries prescribed under the

EBR

Application form

How to complete the form (including sample

forms)

Submission process and timelines

www.eco.on.ca

Page 46: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Do your homework

Find out what you can and cannot request (see O. Reg. 73/94)

How to Prepare an Application Excellent

^

www.eco.on.ca www.e-laws.gov.on.ca

Page 47: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Research the issue

Search the Environmental Registry for related proposals and decisions

Search through past ECO Reports and Supplements for applications on similar topics

Make your request specific and try not to duplicate

Make your application logical and clear

Frame your request so that exceptions do not apply

Decision made in the past 5 years?

Periodically reviewed?

How to Prepare an Application Excellent

^

Gather and include supporting material and evidence

Page 48: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Transparency, accountability and timelines

Notification of receipt by ministry (20 days)

Deadline for ministry’s accepted/denied decision (60 days)

Review within “a reasonable time”

What you LOSE if you don’t use

EBR Application for Review process

Your request won’t be included in the ECO’s annual

report to the Ontario Legislature

Your concerns won’t be highlighted by the ECO

Page 49: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Review

www.eco.on.ca

Page 50: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Investigation If you believe someone has contravened or violated

a prescribed Act, regulation or instrument, you can

ask the government to investigate

Page 51: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Investigation If you believe someone has contravened or violated

a prescribed Act, regulation or instrument, you can

ask the government to investigate

Noise, vibration or air

emissions

Page 52: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Investigation If you believe someone has contravened or violated

a prescribed Act, regulation or instrument, you can

ask the government to investigate

Damage to the habitat of an endangered species

Page 53: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Investigation If you believe someone has contravened or violated

a prescribed Act, regulation or instrument, you can

ask the government to investigate

Leachate from a landfill

Page 54: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Application for Investigation - Example Investigation of noise from

agricultural mill REQUESTED

• Charges laid against company under the Environmental Protection Act

• Company fined $15,000 and required to take noise abatement measures

Ministry of the Environment

Page 55: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The ECO receives about 10 applications for

investigation per year

Technical Standards &

Safety Authority (1%)

Applications for Investigation

Ministry of Natural Resources (19%)

Ministry of the Environment

(80%)

Page 56: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Legislation most cited:

Environmental Protection Act (65%)

Section 14 – Prohibits discharge of a contaminant into the

natural environment that causes an adverse effect, including:

Injury or damage to property or plant/animal life

Harm or material discomfort

Loss of enjoyment of normal use of property

Interference with normal conduct of business

Applications for Investigation

Page 57: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Legislation most cited:

Environmental Protection Act (65%)

Ontario Water Resources Act (34%)

Environmental Assessment Act (14%)

Fisheries Act (10%)

Applications for Investigation

Page 58: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Investigation - Results

Undertaken (24%)

Page 59: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Investigation - Results Ministry action

taken (74%)

For example:

• Laying of charges • Provincial Officer’s Order

Page 60: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Investigation - Results

Denied (76%)

Page 61: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Investigation - Results

Denied but ministry

action still taken (35%)

Denied (76%)

Page 62: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Investigation - Denied

Why ministries deny applications:

Would duplicate a completed or ongoing

investigation (45%)

Contravener has been brought into

compliance (43%)

No jurisdiction, or limitation period has

expired (40%)

Page 63: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Application for Investigation - Example Investigation of sewage issues

in provincial parks REQUESTED

Ministry of the Environment

• Ministry requested that specific parks address issues of non-compliance

• Provincial Officer followed-up to ensure compliance

• Ministry encouraged parks to enhance sewage management practices

Page 64: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The Environmental Commissioner reviews and reports on ministries’ handling of applications

EBR Applications - Oversight

Page 65: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Investigation: your step-by-step

gather evidence, witnesses

is the contravention “prescribed”?

two Ontario residents

sworn statement of belief (lawyer, notary public)

fill out application form

make a copy for yourself

one copy to Environmental Commissioner

be patient

Page 66: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Investigation:

Should you contact the ministry first?

It depends.

Page 67: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applications for Investigation:

Should you contact the ministry first?

It depends.

Page 68: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Notification of receipt by ministry (20 days)

Deadline for ministry’s accepted/denied

decision (60 days)

Investigation within 120 days or ministry’s

written estimate

ECO’s independent review

ECO’s report to the Ontario Legislature

Elevates your concern within the ministry

What you LOSE if you don’t use

EBR Application process

Page 69: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Over the past 20 years, Ontarians have submitted:

650 applications for review and 237 applications for investigation

EBR Applications

Page 70: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

How to Submit an EBR Application

www.eco.on.ca

Page 71: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Appeal Rights under the EBR

EBR Training Workshop March 4 and 5, 2014

With the Sustainability Network and the Ontario Professional Planners’ Institute

Page 72: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

EBR Appeals

EBR creates a right for individuals to appeal certain

ministry decisions to issue an instrument to another

person or business

Where the instrument holder itself has a direct

right to appeal

Any resident of Ontario can also appeal if they

have “an interest in the decision”

Page 73: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

EBR Appeals

Another important tool designed to provide:

Opportunity for public involvement

Accountability

Page 74: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Third-Party Appeals

Not an automatic right to appeal

Must first be granted “leave” (permission) to appeal

Two-part test – must demonstrate:

No reasonable person could have made the decision

Decision could result in significant environmental harm

Page 75: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Applying for Leave to Appeal

Leave to Appeal Application must include:

A statement describing your interest in the decision

Identification of the portions of the instrument you seek to appeal

The “grounds” you are relying on in seeking leave to appeal, namely: the reason(s) why you think no reasonable person could have made the decision; and the reason(s) why you think the decision could result in significant harm to the environment

A statement of all facts and evidence you are relying on in support of your application

Environmental Review Tribunal website: http://www.ert.gov.on.ca

http://www.ert.gov.on.ca/
http://www.ert.gov.on.ca/
http://www.ert.gov.on.ca/
Page 76: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Timeline for Seeking Leave to Appeal

Applicants have 15 days to file their request to

appeal.

The Tribunal has been unequivocal that this is a firm

statutory deadline.

15 Days!

Page 77: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Third-Party Appeal Process

Obtaining “leave” is a hurdle

But a feasible one

Roughly: 1 in 5 succeed

Page 78: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Third Party Appeals

Those who do overcome the hurdle

get to present their full arguments

to the Tribunal

In most cases, achieve some level

of success (often the addition of

conditions to the approval)

Page 79: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Third Party Appeals

Best used legal tool under the EBR

Over 150 requests for leave to appeal since EBR was

enacted (about 100 instruments)

~6 instruments in an average year

ECO posts summaries of each appeal on the

Environmental Registry, and highlights some in our

Annual Report

Page 80: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

What’s being appealed?

About 95% of EBR leave to appeals are challenging

MOE decisions on:

Permits to Take Water (31%)

Air approvals (28%)

Waste approvals (21%)

Sewage approvals (15%)

Water

Takings

Air Approval

Waste Approval

Sewage Approval

Other

Page 81: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Appeal – Example

MOE granted a Permit to Take

Water to a hydropower operator

An individual requested leave to

appeal raising several grounds:

River was “at risk”; further studies were

needed to assess impacts of dam on river

Water temperatures below dam too warm

for fish

10-year duration of PTTW too long

Page 82: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Appeal – Example

Outcome:

Environmental Review Tribunal

granted leave to appeal on all grounds

Parties engaged in mediation

Reached settlement – changes to the PTTW:

Duration 5 years, not 10 years

New clauses about dam operation

Record-keeping requirements

Run-of-the-river flow to be restored ASAP after power

interruptions

Page 83: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

EBR’s Leave to Appeal

• Another tool that works!

Page 84: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Using the Reports of the ECO

Presentation to Sustainability Network

March 4, 2014

Mike Parkes, [email protected]

mailto:[email protected]
Page 85: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The ECO’s Annual Reports

Learn about:

• Environmental decisions by ministries

• Ministry responses to applications for review and investigation

• Current and emerging environmental issues

• How well ministries co-operate with the ECO

• How well the Environmental Registry is working

• ECO Recommendations to ministries

• All on-line and searchable; our Supplements have even more detail

Page 86: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

The ECO’s Expanded Mandate In May 2009, the Green Energy and Green Economy Act, 2009

amended the EBR, mandating the ECO to also report annually on:

Progress of activities in Ontario

to reduce greenhouse gas

emissions

Progress of activities in Ontario to

improve energy conservation

(all fuels) – 2 vol per year

Page 87: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Special Reports

The ECO may also produce special reports “at

any time on any matter” related to the EBR,

e.g;

Adapting to climate change

Biodiversity

“Eco fees”

budgets for MOE & MNR

Page 88: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Strengths of ECO Reports

Unique reference source for environmental issues:

Plain language explanations of how Ontario environmental laws and

policies work (often only source)

Current information not otherwise in public domain (based on ECO

information requests to ministries)

Ontario-focused viewpoint

Fair praise or critique of ministry decisions (politically neutral),

based on environmental implications

Page 89: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Uses of ECO Reports

Improve the quality of your organization’s policy and advocacy work (Environmental Registry comments, Applications for Review/Investigation, meetings with government, etc.)

Historical perspective with 20 years of analysis: identified concerns, attempts to change laws, ECO comments, etc.

Case studies for Applications for Review/Investigation (particularly Supplement) :

Why do Applications succeed or fail, and how can you improve your Application’s chances?

Page 90: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Where to Find ECO Reports Memory stick:

Comprehensive

catalog of all

reports through fall

2013 (.pdf format)

Plain text search

through Adobe

Reader

(Edit->Advanced

Search)

Page 91: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Where to Find ECO Reports Website (www.eco.on.ca) :

News, Reports & Publications – specific reports

Blog and social media – updates between reports

ECO Issues – topic searches (Wiki)

http://www.eco.on.ca/
Page 92: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Environmental Commissioner of Ontario

Page 93: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the
Page 94: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the
Page 95: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

ECO Twitter Accounts

Page 96: Ontario’s Environmental Bill of Rights (EBR): …...Ontario’s Environmental Bill of Rights (EBR): Your Environment, your Rights EBR Training Workshop March 4 and 5, 2014 With the

Ontario’s Environmental Bill of Rights

Thank you!


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Ontario’s Building Code

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INDEX [products.thomsonreuters.ca]products.thomsonreuters.ca/ProductDocs/Index/index-L... · 2017-05-08 · EBR — Environmental Bill of Rights, 1993 ERTA — Environmental Review

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