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Document
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PO-1688
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File #
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PA-980244-1
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Institution/HIC
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Ministry of the Environment
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Summary
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BACKGROUND: Environmental Bill of Rights, 1993 ( EBR ) In order to fully appreciate the issues in this appeal, it is important to understand the overall purpose of the EBR and the operation of some of its provisions. The EBR was enacted for the following reasons, as described in its preamble: 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. Sections 2(1) and (2) state the purposes of the EBR : (1) The purposes of this Act are: (a) to protect, conserve and, where reasonable, restore the integrity of the environment by the means provided in this Act; (b) to provide sustainability of the environment by the means provided in this Act; (c) to protect the right to a healthful environment by the means provided in this Act. (2) The purposes set out in subsection (1) include the following: 1. The prevention, reduction and elimination of the use, generation and release of pollutants that are an unreasonable threat to the integrity of the environment. 2. The protection and conservation of biological, ecological and genetic diversity. 3. The protection and conservation of natural resources, including plant life, animal life and ecological systems. 4. The encouragement of the wise management of our natural resources, including plant life, animal life and ecological systems. 5. The identification, protection and conservation of ecologically sensitive areas or processes. Section 2(3) describes in general terms how the EBR fulfills these purposes: (3) In order to fulfil the purposes set out in subsections (1) and (2), this Act provides, (a) means by which residents of Ontario may participate in the making of environmentally significant decisions by the Government of Ontario; (b) increased accountability of the Government of Ontario for its environmental decision-making; (c) increased access to the courts by residents of Ontario for the protection of the environment; and (d) enhanced protection for employees who take action in respect of environmental harm. Public consultation process under the EBR The EBR contains a number of provisions designed to provide the means by which, pursuant to section 2(3)(a), Ontario residents may participate in the making of environmentally significant decisions by the Government of Ontario. Part II of the EBR establishes an electronic database known as the Environmental Registry (the Registry). Any member of the public may access information in the Registry via the Internet. Under section 22 prescribed ministries (including the Ministry of the Environment) must include in the Registry information about proposals for environmentally significant instruments. Instruments are defined in the EBR as documents of legal effect issued under an Act including permits, licences, approvals, authorizations, directions or orders. An example of an instrument is a certificate of approval issued by the Ministry of the Environment under section 9 of the Environmental Protection Act ( EPA ). Section 27 of the EBR states what information about a proposal for an instrument must be placed in the Registry, which includes: a brief description of the proposal; how members of the public may participate in decision-making on the proposal; how members of the public may review written information about the proposal; an address to which written questions or comments may be sent; and any other information the minister giving the notice considers appropriate. The EBR does not state precisely what information about a proposal, beyond the above, must be made available to the public. By stating that the public may review "written information about the proposal" (s. 27(2)3) and that the minister giving the notice may place on the Registry "any other information that the minister . . . considers appropriate" (s. 27(2)6), the EBR gives the minister a discretionary power to disclose information to the public at large, or to any individual member of the public, to facilitate the public's participation in the decision making process. A minimum of 30 days notice must be given prior to the ministry deciding whether or not to implement the proposal (section 22). A ministry which gives notice of a proposal under section 22 must take every reasonable step to ensure that all comments relevant to the proposal that are received as part of the consultation process are considered when the ministry makes decisions about the proposal (section 35(1)). As soon as reasonably possible after a decision is made whether or not to implement a proposal for an instrument, the ministry must give notice to the public of the decision through the Registry (sections 36(2), (3)). Rights of appeal under the EBR The legislation under which the ministry decides to grant or not to grant an instrument may provide the instrument applicant with a right of appeal from that decision to an appellate body. In that event, the EBR also provides any person with an interest in the decision a right to seek leave to appeal the decision to the same appellate body (sections 38, 39). For example, an instrument holder denied a certificate of approval under section 9 of the EPA could bring an appeal before the Environmental Appeal Board (the Board). Consequently, if the appli
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Legislation
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FIPPA
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52(13)
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64(1)
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Section 23
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17(1)
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Subject Index
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Signed by
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David Goodis
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Published
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Jun 16, 1999
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Type
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Order
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