Introduction to the Environmental Bill of Rightsand the Environmental Registry

December 1, 2010

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Today’s Agenda

• What is the Environmental Bill of Rights?

– General Overview

– Proposal/Decision Notices

• Working With the Environmental Registry

– Creating Notices

– Reviewing Public Comments

– Using the External Site

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The Environmental Bill of Rights

• The Environmental Bill of Rights, 1993 (EBR) is an Act that increases:

– Public participation in the decision-making process

– Increases government accountability and transparency

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Public Participation, Accountability and Transparency

• Public comments via the Environmental Registry

• Applications for Review and Investigations

• Increased Access to Courts

• Statement of Environmental Values

• Environmental Commissioner of Ontario

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Proposal Notices

• Posted on the Environmental Registry• Advise the public of a pending decision• Minimum 30-day comment period• Includes:

– A brief description of the proposal.• Short description • Purpose

– Government contact information to which members of the public may direct written comments on the proposal

– Office address to view documents– Any other information considered appropriate

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Decision Notices

• Summary of the final decision

• Number of comments received

• Effect of comments on the final decision

• PDF of approval document for instruments

• Leave to Appeal - Instruments– Posting of Decision Notice triggers 15 day public LTA

period– If ERT grants LTA, instrument is automatically stayed

(unless ERT deems otherwise)

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Exception & Information Notices

Exception Notices

• Forgo public participation (but still provide notice) in the case of:– Environmental Emergency

– Equivalent Public Participation

Information Notices

• Issue is not prescribed but still provide notice to the public

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Exemption

Policies, Acts, Regulations• Predominantly fiscal or administrative in nature

Instruments• The Environmental Bill of Rights (s. 32) provides an

exemption for any instrument that is issued, amended or revoked in order to implement an undertaking that was approved under the Environmental Assessment Act

or• Any undertaking that is exempted by regulation under

the Environmental Assessment Act

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Translation

• Policies, Acts, Regulations, Information notices require translation

• Instrument notices are not translated unless:– They are contentious– Translation has been requested

• Translation requires 3-5 business days

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Statements of Environmental Values (SEVs)

• “Where decisions that might significantly affect the environment are made…the minister shall take every reasonable step to ensure that the ministry SEV is considered”

• The purpose of SEVs is to:

– Guide ministry staff when making decisions that may have an impact on the natural environment and ensures that the purposes of the EBR are being carried out

– Serve as a benchmark against which the public and the Environmental Commissioner of Ontario (ECO) may evaluate a ministry's decisions

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Applications for Review

• Application for the review of an existing or need for a new policy, Act, regulation or an existing instrument.

• EBRO receives application from ECO, reviews and sends it off to appropriate division.

Response Process

• 60 days to conduct preliminary review of application.

• If review denied, then respond with decision and summary.

• If review granted, division informs applicant of a completion date.

• When review completed, division will provide the applicants with a summary of the results.

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Applications for Investigation

• Application for the investigation of alleged contravention of prescribed Act, regulation or instrument

• EBRO receives application from ECO, reviews and sends it to appropriate division

Response Process

• 60 days to conduct preliminary review of application.

• If investigation denied, then respond with decision and summary.

• If granted, ministry has 120 days from receipt of application to complete the investigation.

• When investigation completed, division informs the applicants of its results – Day 150.

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The Environmental Commissioner

• The Environmental Commissioner of Ontario is an independent officer of the Legislative Assembly and is appointed for a five-year term.

• ECO is tasked with monitoring and reporting on the government’s compliance with the EBR.

• ECO reviews decisions and all applications for reviews and investigations.

• Reports Annually to the Legislature (Fall).

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Access to Courts

• EBR provides access to the courts (civil) by removing the “unique harm” rule which prohibited suing to protect the environment

• EBR allows any person who has suffered direct economic loss or personal injury as a result of a public nuisance causing environmental harm to sue for damages or other remedies

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Whistleblower Protection

• Protection to employees who participate in any activity under the EBR (e.g. exercising public participation rights or submitting an application for investigation)

• The employer may be required to rectify the situation, reinstate the employee, or compensate the employee for loss of earnings

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Using the Environmental Registry

“Dashboard” http://www.ebr.gov.on.ca/ERS-WEB/

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Creating Proposal Notices

Required Information• Ref Number• Internal Contact• Title• Description• Purpose• Comment Period• Gov’t Contact/Office• Keyword• Geographic Location

Policy, Act, Regulation

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Creating Proposal Notices

Required Information• Ref Number• Internal Contact• Instrument• Proponent Name• Activity Location• Description• Comment Period• Gov’t Contact/Office• Keyword• Geographic Location

Instrument

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Creating Proposal Notices

Required Information

• Ref Number

• Internal Contact

• Title

• Further Explanation

• Description

• Comment Period

• Gov’t Contact/Office

• Keyword

• Geographic Location

Information

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Creating Proposal Notices

Required Information• Ref Number• Internal Contact• Title• Description• Purpose• Exception Type• Rationale Comment• Decision• Gov’t Contact/Office• Keyword• Geographic Location

Instrument Exception

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How to Write an Effective Notice

• Use plain language and avoid ‘government lingo’• Avoid scientific terminology where possible• Spell out acronyms • State the purpose clearly• List major points• Use headings and lists• Use short sentences and paragraphs• Is there too much information?• Is the tone right for the public audience?• How is my grammar and spelling?

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Reviewing Public Comments

• All comments received are part of the public record– Names and addresses of individual commenters should be

removed prior to release.

• Follow the Freedom of Information and Protection of Privacy Act

• You do not need to individually acknowledge comments received– As a best practice, comments should be described in the

decision notice in sufficient detail to allow an individual to recognize that their comment has been received.

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Reviewing Public Comments

• Search for notice and open notice by clicking on EBR Registry #

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Reviewing Public Comments

• Click comments button

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Reviewing Public Comments

• By default, the Comment Management Screen shows comments that have not been reviewed

• Click Comment ID to open comment

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Reviewing Public Comments

• You MUST indicate whether a comment is made available online once the decision notice is posted

• Reasons why comments are not made available online:– Contained

Personal Information

– Vexatious Comments

– Unrelated

Pro Ponent

123-4567

I support this proposal!

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Creating Decision Notices

• Click promote button

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Creating Decision Notices

Required Information• Internal Contact• Owner• Decision• Written Comments

Received• Effects of Comments

Policy, Act, Regulation

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Creating Decision Notices

Required Information• Internal Contact• Owner• Decision Comment• Written Comments

Received• Effects of Comments• Leave to Appeal

Instrument

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Using the Environmental Registry

External Site http://www.ebr.gov.on.ca/ERS-WEB-External

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Submitting Comments

• Comments can be submitted on proposed Policy, Act, Regulation and Instrument notices by using the Submit Comment button

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SEVs

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EBRO - Core Businesses

• Provide technical and policy advice on the EBR to MOE staff and prescribed ministries

• Review and publish notices for public comments

• Review comments for personal information

• Liaise with the ECO and coordinate responses to requests

• Develop and maintain the Environmental Registry

• Chair and provide direction to EBR Inter-ministerial Committee

• Provide training

• EBR Regulation Amendments

• Advise on the Regulatory Registry

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Contacts

Jacqueline Gallacher 416-314-9615

Ginette Beaupre 416-314-4143

Simon Chan 416-314-2387

Lauren Sugar 416-212-6287

Steven Carrasco 416-314-6945

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Ministry EBR Responsibilities

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Prescribed Acts under EBR

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Useful Links

• Environmental Registry: http://www.ebr.gov.on.ca/ERS-WEB-External/

• E-laws – EBR: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_93e28_e.htm

• E-laws – O.Reg73/94: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940073_e.htm

• E-laws – O.Reg. 681/94: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940681_e.htm

Thank you for participating!

Questions?