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The Role of the Environmental Commissioner of Ontario &
Ontario’s Environmental Bill of Rights
Office of the Environmental Commissioner of Ontario
March 2010
What You’ll Learn Today
• ECO mandate (and recent additions
• EBR highlights
• ECO’s tracking and monitoring role
• ECO’s reporting role
• Outreach and education
• How to win the Recognition Award
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
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
Public Rights Under the EBR
Right to:• Notice• Comment • Appeal
Right to pursue:• Court action• Whistleblower protection
Right to request:• Review• Investigation
EBR Regulations
O. Reg. 73/94 (General) Prescribed ministries, acts, etc.
O. Reg. 681/94 (Classification of Proposals for Instruments)
Classified instruments (i.e., approvals, permits, etc.)
Environmental Commissioner of Ontario is Gord Miller
• Officer of Legislative Assembly
• Independent• Appointed by the
Legislature• 5-year term• Impartial• Staff of 24
Posting on the Environmental Registry
s. 15, 16, 22, 27for proposed policies, acts, regulations and prescribed instruments that could have a significant impact on the environment;
… Minister shall do everything in his/her power to give notice to the public at least 30 days before the proposal is implemented, … using the registry
Prescribed Acts, Regulations, Policies and Instruments
• Acts prescribed ministries (O. Reg. 73/94)
• Regulations prescribed acts (O. Reg. 73/94)
• Policies prescribed ministries (O. Reg. 73/94)
• Instruments prescribed acts and classified under O. Reg. 681/94
Hallmarks of a Good Proposal Notice
• Post early, post often!
• Clear, plain language
• Links to background documents
• Contact name and phone number
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
Statement of Environmental Values (SEV)
s.11
“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?
• Should be considered whenever environmentally significant decisions are made
• We assume one exists for each environmentally significant decision
Have You Considered Public Comments?
s. 36(4)
“The [decision] notice shall include a brief explanation of the effect, if any, of public participation on decision-making on the proposal…”
Public Comments
• Counting comments
• What if you have large numbers of comments?
• Confidentiality concerns
• Comments available on-line
Information Notices (s. 6)
• 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)
• Prescribed acts, regulations, policies, and classified instruments (O. Reg. 73/94 and O. Reg. 681/94)
• Emergency– Danger to public health or safety– Harm or serious risk to the environment– Injury or damage to property
• Equivalent public participation
Monitoring Use of the Registry
• ECO monitors and evaluates ministry compliance with EBR and use of Registry– Select decision– Unposted items– Information notices– Exception notices– Late decision notices and undecided proposal
EBR Applications
• Application for review (s. 61)– Of existing policy, act, regulation or
instrument– Or the need to develop a policy, act,
regulation or instrument
• Applications for investigation (s. 74) – Alleged contravention of a prescribed act (O.
Reg. 73/94)
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
The ECO’s Reporting RoleAnnual 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
• January letter describing AR timelines and process
• “Heads-up” letter outlining our research interests
• October request for updates (ministry progress) on selected topics (January submission date)
ECO’s Annual Report Cycle
• Early June: draft text to ministries for review and comment
• Mid July: ministry comments due
• September opportunity to view final text at ECO office
• Fall release of AR
Climate Change and GHG Tracking and Reporting
• 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
s. 53(4)
“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)
• The Last Line of Defence: A Review of Ontario’s New Protections for Species at Risk (2009)
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,
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?
Jessica Isaac
Policy Analyst
Phone (416) 325-3375
Chris Wilkinson
Senior Policy Advisor
Phone (416) 325-5094
www.eco.on.ca
