List of ECO Recommendations

In every Annual Report, the ECO makes several recommendations to ministries based on that year's content. Click on the year to see that year's recommendations; click on the recommendation itself to read the article where it was originally published.

Please also see Recommendations Report Card for progress reports on past recommendations.

Contents 1 2009/10 Redefining Conservation 2 2008/09 Building Resilience 3 2007/08 Getting to K(No)w 4 2006/07 Reconciling Our Priorities 5 2005/06 Neglecting our Obligations 6 2004/05 Planning our Landscape 7 2003/04 Choosing our Legacy 8 2002/03 Thinking Beyond the Near and Now 9 2001/02 Developing Sustainability 10 2000/01 Having Regard 11 1999/2000 Changing Perspectives

2009/10 Redefining Conservation

The ECO recommends that the Ministry of Natural Resources lead the development of a new and reconceived biodiversity strategy for the Ontario government.

The ECO recommends that the Ministry of Natural Resources lead a coordinated afforestation strategy for southern Ontario, with a target of planting 1 billion trees of native species, to address the long-term ecological function of natural heritage systems and the impacts of climate change.

The ECO recommends that the Ministry of Natural Resources complete the necessary policy framework to support the Endangered Species Act, 2007, with the required public consultation.

The ECO recommends that the Ministry of Natural Resources ensure that caribou habitat be a prime consideration in how and where it plans to protect 50 per cent of lands in the Far North.

The ECO recommends that the Ministry of Natural Resources amend the Provincial Parks and Conservation Reserves Act to make management direction for protected areas binding on the Crown.

The ECO recommends that the Ministry of Environment monitor and publish annual reports on the quality of municipal wastewater discharges to Ontario waterways, providing both concentrations and loadings of key pollutants.

The ECO recommends that the Ministry of the Environment include reporting requirements in all sector-based standards to ensure that information on industrial air emissions remains publicly available.

The ECO recommends that the Ministry of Municipal Affairs and Housing amend the Provincial Policy Statement to require integrated watershed management planning.

The ECO recommends that the Ministry of Agriculture, Food, and Rural Affairs amend the Drainage Act and its policies to ensure that provincially significant wetlands are protected from being drained.

The ECO recommends that the Ministry of Northern Development, Mines and Forestry consult on safeguards to ensure that electronic map staking is not misused as de facto land use planning in the Far North.

The ECO recommends that the Ministry of the Environment establish and implement a plan to update Certificates of Approval for Ontario landfill sites, with priorities based on environmental risks.

The ECO recommends that the Ministry of the Environment lead a multi-ministry initiative to create a new compost-centred policy vision for the management of organic residuals in Ontario.

The ECO recommends that the Ministry of Agriculture, Food and Rural Affairs and the Ministry of Environment develop guidelines, with public consultation, for biochar production and use in Ontario.

The ECO recommends that the Ministry of Municipal Affairs and Housing amend the Provincial Policy Statement to require that the long-term ecological function and biodiversity of natural heritage systems are maintained.

The ECO recommends that the Ministry of the Environment take the lead on collecting appropriate hydrologic data, and creating models, to allow stormwater management planning to reflect changing climate patterns.

2008/09 Building Resilience

The ECO recommends that MMAH’s 2010 review of the PPS introduce effective mechanisms for protecting significant woodlands, including mechanisms for woodland evaluation, designation, tracking and reporting.

The ECO recommends that MMAH take the lead in developing legislation to discourage developers from using cost applications and similar tactics to frustrate public participation in the planning approval process.

The ECO recommends that MNR’s existing commitment to consider its SEV and cumulative effects during instrument decisions should also apply to instruments issued under the Aggregate Resources Act.

The ECO recommends that MOE consider ordering the Municipal Engineers Association to amend the Municipal Class Environmental Assessment to explicitly promote cycling and walking as modes of transport.

The ECO recommends that MNR develop and lead a coordinated interministerial plan to protect and conserve amphibian populations, reflecting the full range of threats and challenges.

The ECO recommends that MNR lead other ministries (including OMAFRA, MEI, MNDMF and MOE) in developing a biofuels strategy which reflects the full ecological implications of making biomass a major component of Ontario’s energy supply mix.

The ECO recommends that MNR ensure that the first priority of the Provincial Parks and Conservation Reserves Act - ecological integrity – is also clearly reflected and prioritized in all policies, manuals and guidance documents that influence the planning and management of Ontario’s protected areas.

The ECO recommends that MNR and MNDM develop regulatory mechanisms and policies to allow lands to be protected in cases where environmentally significant sites and mining claims conflict.

The ECO recommends that OMAFRA commit to systematically monitoring, documenting and reporting on farm soil erosion risk levels, net annual soil loss rates and trends in soil organic matter.

The ECO recommends that OMAFRA establish an aggressive soil conservation agenda, including a long-term strategy to bring Ontario’s net soil loss down to zero.

The ECO recommends that MOE require the immediate closure of the Richmond Landfill Site.

2007/08 Getting to K(No)w

1 That MOE’s ongoing reforms of the environmental assessment process give renewed weight to up-front questions of “need” and “alternatives” for projects.

2 That MOE revise its PTTW regulation and its basic terms and conditions for permits to take water to include mandatory water use reduction rules consistent with the Ontario Low Water Response plan.

3 That MOE expand its air quality monitoring and reporting program to include a network of street-level monitoring stations.

4 That MGCS set up a central government greening office.

5 That the Ontario Government use its enormous purchasing power to drive economic markets for green products and services.

6 That all prescribed ministries develop detailed action plans that specify the measures to conserve biodiversity that they will undertake.

7 That MNR and MCL modify the current funding formula for land acquisition programs to reduce the financial burden on conservation organizations.

8 That MOE establish fees that are proportionate to the full administrative costs related to the government’s water management programs.

9 That MTO strengthen its environmental compliance and enforcement programs to ensure that contractors correctly implement the MTO/DFO/ MNR fish habitat protocol.

10 That MNR and MTO collaborate to monitor wildlife crossings on existing roads to determine where mitigation is required and to work together early in the road planning process to identify areas where wildlife passages will be necessary.

11 That MNR ensure that its wildlife management policies and models appropriately refect the role of mammalian predators in ecosystems.

2006/07 Reconciling Our Priorities

1 That MNR significantly speed up the process of wetland identification and evaluation and ensure that Provincially Significant Wetlands are incorporated into municipal official plans.

2 That MMAH amend the Provincial Policy Statement to prohibit new infrastructure such as highways in Provincially Significant Wetlands unless there are no reasonable alternatives and it has been demonstrated that there will be no negative impacts on their ecological functions.

3 That the provincial government reconcile its conflicting priorities between aggregate extraction and environmental protection. Specifically, the province should develop a new mechanism within the ARA approvals process that screens out, at an early stage, proposals conflicting with identified natural heritage or source water protection values.

4 That MMAH work with MPIR to increase the GGH Plan’s intensification and density targets above existing business-as-usual development targets.

5 That MNDM reform the Mining Act to reflect land use priorities of Ontarians today, including ecological values.

6 That MNR reform the Public Lands Act to create a planning system that provides MNR with the tools to better protect ecological values on all Crown lands.

7 That MOE develop a comprehensive, mandatory, province-wide road salts management strategy to ensure aquatic and terrestrial ecosystems are protected from chlorides.

8 That MNR improve the rehabilitation rates of Ontario pits and quarries by introducing stronger legislation with targets and timelines; by applying up-to-date rules to grandparented licences, and by further strengthening the ministry’s own field capacity for inspections.

9 That MOE and OMAFRA develop quality standards that support land application of stable pathogen-free sewage biosolids.

10 That, where new emitters are seeking entry into heavily burdened airsheds, MOE implement measures to minimize cumulative effects; for example, by obtaining emission offsets and speeding up the process of updating older Cs of A in that airshed.

2005/06 Neglecting our Obligations

1 That MOE ensure transparency and a mechanism of public involvement and accountability in the new COA agreement.

2 That MOE develop a provincial solid waste management strategy that addresses the whole waste stream.

3 That MOE update and enhance its landfill inventory and make it accessible to the public.

4 That MTO take the lead with MAH and MOE and collaborate on a strategy to reduce the environmental impact of the transportation sector in Ontario, hold public consultations on the strategy, and post the strategy on the Environmental Registry.

5 To increase transparency and accountability, That MAH and MOE fully prescribe the Ontario Building Code Act and its regulations under the EBR for the purposes of commenting on proposals and applying for reviews.

6 The ECO recommends to the Ministry of Culture that the Ontario Heritage Trust become an EBR-prescribed agency.

7 That MAH, MTO, MNR and MOE collaborate to develop technical guidance regarding municipal roads in the ORM Plan area and finalize their draft guidance to municipalities regarding natural heritage and water protection.

8 That MOE support the roll-out of Regulation 419/05 (Air Pollution – Local Air Quality) by strengthening its inspection, compliance and enforcement capacity, and by monitoring and reporting on the effectiveness of these reforms over time.

9 That MOE and ENG develop a plan to reduce air emissions, especially emissions of mercury, from Ontario’s coal-fired power plants.

10 That MOE expand the range of capped emitters and restrict emissions trading to within that group only.

11 That MOH and MOE prescribe under the EBR portions of the Health Protection and Promotion Act pertaining to small drinking water systems, to ensure the appropriate level of transparency and public consultation.

12 That the Ontario government move quickly to prescribe the Ministry of Education and that the government consider making the ministry subject to a broader range of EBR rights than those recommended by MOE in October 2005.

13 That MNR, MOE, MNDM, and ENG consult the public on an integrated land use planning system for the northern boreal forest, including detailed environmental protection requirements that reflect the area’s unique ecology.

14 That MNR engage in a formal and transparent review of its zoo-licensing policies, posting a proposal on the Environmental Registry for public comment.

2004/05 Planning our Landscape

1 The ECO recommends that new government laws and initiatives that are environmentally significant be prescribed under the EBR within one year of implementation. Keeping the EBR in Sync with New Laws and Government Initiatives, p. 12

2 The ECO recommends that all ministries and prescribed agencies actively consult with the Ontario public, using the Environmental Registry, when setting environmentally significant goals and targets for the province’s energy sector

3 That MAH undertake public consultation on the government’s population growth modeling and projections in order to provide a transparent context for land use planning decisions.

4 That the government expressly identify a lead ministry so that a provincial strategy can be prepared to help meet Canada’s climate change obligations, and that the ministry be provided with adequate resources.

5 That MNR and MOE immediately post a proposal notice on the Environmental Registry and consult with the public on changes to the Fish Habitat Compliance Protocol drafted in 2004.

6 That MNR require forestry companies to utilize prescribed burns where appropriate, while outlining a direct and supporting role for the ministry in the process.

7 That MNR develop transparent and accountable processes related to approvals for aquaculture operations.

8 That ENG establish more substantial targets for the generation of electricity from renewable energy sources, consulting the public on the longer term.

9 That MTO establish training programs for highway construction staff on how to prevent and minimize environmental damage during road construction, and also establish training standards for environmental inspectors.

10 That OMAF, MNR, and MOE review current public policies related to drainage and stormwater management to ensure that ecosystem functions are safeguarded.

11 That the Ontario government remove barriers that discourage commercial landlords with Ontario government tenants from undertaking major energy efficiency upgrades and recouping these costs through increases in rents paid by those tenants.

12 That MNR, in consultation with MOE and MAH, develop a law to ensure that peat harvesting is carried out with minimal ecosystem disturbance, and that appropriate rehabilitation is undertaken.

13 That MNR and MAH develop a coordinated urban forest strategy to protect urban and heritage trees, working together with municipalities, ENGOs and local agencies.

2003/04 Choosing our Legacy

1 The ECO recommends that prescribed ministries review, update and strengthen their Statements of Environmental Values as soon as possible.

2 That MNR ensure the Managed Forest Tax Incentive Program does not provide a financial incentive to clear forested tracts of land in southern Ontario.

3 That MOE act on its existing policies to ensure that municipal sewer use bylaws are in effect, reflect current environmental standards and are enforced across Ontario.

4 That MNR require the preparation and timely revision of management plans for all protected areas, including provisions for public consultation.

5 That MOE ensure that public consultation practices under the Environmental Assessment Act are consistent with the minimum rights enshrined in the Environmental Bill of Rights, particularly with regard to permits, licenses and approvals.

6 That MNR ensure that the aggregate industry operates in compliance with existing rules, and that the ministry demonstrate to the public that its compliance and enforcement programs for this industry are working effectively.

7 That MOE review the need to amend the Environmental Assessment Act to provide a two-year statute of limitations for prosecutions.

8 That OMAF and MOE work together to ensure that the Nutrient Management Act is prescribed under the EBR and that nutrient management plans (NMPs) and nutrient management strategies (NMSs) for large farms and biosolids are classified as instruments under the EBR.

9 That MOE amend MNR’s Declaration Order for Forest Management to provide an opportunity for public response to MNR’s Five-Year Environmental Assessment Report and to incorporate a requirement that MOE approve the Report.

10a That MNR revise the Old Growth Policy and Forest Management Planning Manual to incorporate forest management direction and requirements for conserving old growth forests.

10b That MNR develop policies, plans and targets for conserving old growth forests in southern Ontario.

11 That MOE ensure that key provisions of the Wells Regulation are clear and enforceable, and that the ministry provide a plain language guide to the regulation for well installers and other practitioners.

12 That MOE establish a comprehensive program to develop an understanding of the pathways, movement and fate of mercury in Ontario ecosystems.

13 That MOE address the difficulties faced by members of the public when trying to access relevant environmental assessment approval documents.

14 That MOE adopt a Provincial Water Quality Objective for nitrate consistent with the Canadian Water Quality Guideline for this substance.

2002/03 Thinking Beyond the Near and Now

1 The ECO recommends that the Ministries of Natural Resources and Environment revisit their interpretation of the “retirement” provision in Regulation 334 under the Environmental Assessment Act, and that MNR post future proposals concerning the disposition of Conservation Authority land as regular Registry notices.

2 That the Ministries of Natural Resources and Transportation collaborate on a strategy for conserving Ontario’s aggregate resources. This strategy, which should be developed with public consultation, should consider both road construction needs and the need to conserve aggregate resources.

3 That the Ministry of the Environment put in place a plan to upgrade Ontario’s aging municipal sewage treatment plants to modern environmental standards. A first step should be to document and report on the quality of STP discharges to Ontario’s receiving waters.

4 That the provincial government ensure that sufficient funds are available to achieve the results defined in the Annexes to the 2002 Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem.

5 That the Ministry of Natural Resources conduct gap analyses and develop objectives and targets in order to establish a protected areas network for the Northern Boreal Initiative area as a whole.

6 The Ministry of Natural Resources should carry out a thorough assessment of forest management approaches that are ecologically suited to the northern boreal forest and make the research results available to the public.

7 That the Ministry of Natural Resources review whether funding for the Ecological Land Acquisition Program is adequate, given the acquisition opportunities and need for ecosystem protection in Ontario.

8 That the Ministry of Energy, Management Board Secretariat, and other ministries consult with the public and take full advantage of the Environmental Registry in developing key environmental aspects of current and forthcoming energy conservation initiatives such as the Green Power Standard program and government-wide energy conservation targets.

9 That the Ministry of Natural Resources create a new legislative, regulatory and policy framework to better protect Ontario’s species at risk and to conform with federal legislation.

10 That the Ministry of the Environment ensure that the full range of the ministry’s existing compliance and enforcement tools are applied consistently to large and small municipalities and that wastewater collection and treatment infrastructure of all municipalities be brought up to modern environmental standards in a timely manner.

2001/02 Developing Sustainability

1 That the Ministry of Transportation explore the establishment of an ecological monitoring program involving vegetation or aquatic organisms near road salt release reduction areas in order to evaluate the impact of reducing road salt releases over time.

2 That the Ministry of Environment and Energy explicitly consider its Statement of Environmental Values when making final decisions on the instruments issued by the ministry, and ensure that this is documented.

3 That the Ministry of Environment and Energy uphold the public’s right to view the non-proprietary contents of certificates of approval at local ministry offices, free of charge and without unnecessary delays.

4 That the Ministry of Environment and Energy clarify its procedures and educate staff with regard to the legal rights provided to the public by the Environmental Bill of Rights and the Freedom of Information and Protection of Privacy Act.

5 That the Ministry of Environment and Energy institute an effective long-term provincial water quality monitoring program and make the resulting data readily available to the public.

6 That the Ministry of Natural Resources immediately develop a rigorous monitoring and research program and the necessary computer-based mapping and decision-support tools for planning forest harvesting.

7 That the Ministry of Environment and Energy amend the Ontario Water Resources Act so that a level of protection equivalent to that found in Section 36(3) of the Fisheries Act is contained in Ontario water protection legislation.

8 That the Ministries of Municipal Affairs and Housing and Natural Resources develop performance indicators for natural heritage protection under the Provincial Policy Statement and provide their findings to the public.

9 That the Ministries of Municipal Affairs and Housing, Natural Resources, and Environment and Energy begin planning and implementing the promised systems for monitoring and evaluating the Oak Ridges Moraine Conservation Plan.

10 That the regulation-making power of the Municipal Act, 2001, be prescribed so that proposals for environmentally significant regulations are posted to the Environmental Registry for public comment and review.

11 That the Ministry of Environment and Energy strengthen its emissions reduction trading system by quickly expanding NOx and SO2 emission caps to other industrial sectors.

12 That the Ministry of Environment and Energy provide analysis of the reported emissions of airborne contaminants and any tracking of emission reduction programs in an annual summary report to the public.

13 That the Ministry of Natural Resources maintain the moratorium on the hunting and trapping of eastern wolves in the townships surrounding Algonquin Provincial Park until such time as the population is scientifically demonstrated to be viable.

14 That the Ministry of Natural Resources create a new legislative framework for provincial parks and protected areas, including conservation reserves, with the mandate of conserving biodiversity.

15 That the Ministry of Environment and Energy strengthen the certificate of approval for the SWARU incinerator by implementing the recommendations of ministry staff.

16 That the Ministry of Environment and Energy evaluate options for reducing toxic and odorous emissions from two manufacturing facilities in Thornhill, work with proponents to ensure that effective solutions are implemented, and find ways to involve the public in the process.

17 That the Ministry of Natural Resources develop a provincial biodiversity strategy in consultation with affected ministries, municipalities and stakeholders.

18 That the Ministry of Natural Resources develop a clear policy on the classification and protection of lake trout lakes.

2000/01 Having Regard

1 The ECO recommends that ministries use information notices only when they are not required to post regular proposal notices (p. 40).

2 That MOE carry out a broad and transparent review of its overall approach to hazardous waste management, including an examination of why imports of U.S. hazardous wastes are rising.

3 That MOE and OMAFRA ensure that the new legislation and policies for sewage sludge and septage address the need for overall ecosystem protection, as well as protection of groundwater recharge areas.

4a That MTO adopt a leadership role on long-range integrated transportation planning throughout the province, and especially for the GTA region.

4b That MTO open its long-term needs assessment process to greater public consultation.

5 That MOE provide timely updates on its smog reduction efforts, taking into account emission increases due to economic growth, and using clear, consistent methods to quantify emission reductions.

6 That MOE make its compliance policies and procedures consistent and clear to the public, to MOE staff, and to the private and municipal sectors.

7 That MOE and MMAH review the need for enabling legislation, such as amendments to the Municipal Act, in order to allow municipalities to implement properly the environmental compliance responsibilities delegated to them by MOE.

8a That MOE immediately launch an education campaign and work with key stakeholders and industry associations to promote awareness of the 3R regulations.

8b MOE begin documenting complaints regarding non-compliance.

8c That MOE enforce the source-separation requirements for designated operations in the IC&I sectors.

9 That MMAH and other ministries consider, as part of the five-year review of the Provincial Policy Statement, the need for clearer provincial requirements for municipalities regarding the protection of environmentally significant lands.

10 That MNDM reintroduce an annual reporting requirement in relation to mine rehabilitation.

11 The ECO recommends that ministries post status updates on old undecided proposals on the Environmental Registry. (p. 129).

12 That MMAH, in consultation with other ministries and the public, develop a comprehensive long-term protection strategy for the Oak Ridges Moraine.

13 That MOE re-examine the need to prescribe the Ministry of Education under the EBR.

14 That MNR create a cohesive framework for land acquisitions programs in order to clarify how these programs will protect the ecosystem and natural heritage features of the landscape.

1999/2000 Changing Perspectives

1 That MOE revise the Registry template to indicate clearly where the public can find supporting information on Registry notices, rather than stating that some offices “may” have information available.

2 That MOE provide more complete information and descriptions of the undertaking for permit to take water proposals, including expiry dates for permits and functioning hypertext links.

3 That MOE revise the Registry template so that information notices are clearly identified and not confused with exception notices under section 29 or 30 of the EBR.

4 That the Ministry of Natural Resources finalize and post its instrument classification regulation on the Registry as soon as possible.

5 That ministries develop and implement a groundwater management strategy in a timely manner in consultation with key stakeholders and the public.

6 That MOE’s development of a successor agreement to COA include a clear public accounting of both accomplishments and shortcomings of the expired COA; a management structure with clear interim benchmarks and mechanisms for mid-course corrections when barriers are encountered; and public consultation and posting on the Registry.

7 That the regulatory framework relating to large intensive farming operations be equivalent to that of other industries that produce large volumes of waste with respect to approvals, monitoring and compliance mechanisms.

8 The ECO recommends that MBS, MOE and ORC review and revise the current practices relating to sales of government lands, and bring them into compliance with EBR and EAA requirements, especially with respect to completing environmental study reports, carrying out adequate public consultation, and publishing annual reports on environmental activities.

9 The ECO recommends that MOE provide more detail on how the risk management component of standard-setting will work, including how the public will be involved, and post this information on the Registry for public comment.

10 That MOE use the Environmental Registry to consult with Ontario residents when it makes broad strategic decisions about its enforcement efforts.

11 That MEST prescribe relevant portions of the Ontario Energy Board Act and the Electricity Act under the EBR so that environmentally significant regulations passed under these laws will be posted on the Environmental Registry for public comment.

12 That MOE respond to EBR applications regarding MNR’s alleged contraventions of the conditions of the Class Environmental Assessment for Timber Management by doing thorough investigations, taking appropriate action with MNR, and reporting accurately to EBR applicants and the ECO on the findings.

13 The ECO recommends that MOE provide the applicants and the public with more detail on its current review of the waste management regulation and requirements for hazardous waste facilities, including the scope, status and expected completion date.

14 The ECO recommends that MOE clarify, using the Environmental Registry, the relationship between its 1998 waste management regulatory reform proposals and the current review, and explain whether the ministry will be implementing the earlier proposal.

15 That MNDM focus greater attention on the problem of abandoned mines and provide separate funding to address environmental issues.

16 That MNR review the effectiveness of its Aggregate Resources Compliance Reporting Program, to determine how well inspections are being conducted by the different district offices, to see whether there are systemic problems with the program, and to develop remedies and put them in place.

17 That MOE and MNR ensure that provincial decision-makers have information on the health of ecosystems which is current and of a sufficient quality to permit the development of scientifically defensible rationales for habitat protection activities and to allow the identification of emerging ecological problems.

18 That the Ontario government establish a provincial advocate for ecosystem protection capable of addressing GMO issues. This provincial advocate should be independent of OMAFRA and MEST.

19 That the Ontario government fund independent research and thinking on some of the fundamental ecological questions related to genetically modified organisms.

20 That MNR, MMAH and MOE research the scope of ecosystem fragmentation in Ontario and evaluate and select management options to slow down or even reverse the trend.

21 That the ministries assist municipalities to ensure that ecosystem fragmentation is adequately considered in land use planning decisions and that provincial interests in protecting natural heritage and functioning forest ecosystems are safeguarded.