Concerns Raised: Applications
If Ontario residents believe the environment is not being protected, the EBR gives them the right to ask prescribed ministries to review an existing policy, law, regulation or instrument (such as a Certificate of Approval or permit). Ontarians can also request prescribed ministries to review the need for a new law, regulation or policy. Such requests are called applications for review.
Ontario residents can also ask ministries to investigate alleged contraventions of specific environmental laws, regulations and instruments. These are called applications for investigation. Members of the public often raise important environmental issues through applications, sometimes focusing on site-specific case studies, sometimes critiquing province-wide laws or policies, and sometimes drawing attention to policy vacuums. Applicants often support their arguments with an impressive level of technical knowledge and thoughtful insight, and can show admirable passion, tenacity and patience in the face of frustrating situations. Applications serve as an important groundtruthing mechanism for both the ECO and ministries, highlighting issues that really matter to the public, and often spurring further research.
Ontarians submit their applications for review or investigation to the [http://www.eco.on.ca/ Environmental Commissioner of Ontario], where they are reviewed for completeness. Having decided that a particular application meets the requirements of the EBR, the ECO forwards it to the appropriate ministry. The ministry then decides either to carry out the requested review or investigation, or deny the request. Individual applications may be forwarded to multiple ministries if appropriate. The ECO reviews and reports on the handling and disposition of applications by ministries.
The following nine ministries are required to respond to applications for review:
- the Ministry of Agriculture, Food and Rural Affairs (OMAFRA);
- the Ministry of Consumer Services (MCS);
- the Ministry of Energy and Infrastructure (MEI);
- the Ministry of Environment (MOE);
- the Ministry of Health and Long-Term Care (MOHLTC);
- the Ministry of Municipal Affairs and Housing (MMAH);
- the Ministry of Natural Resources (MNR);
- the Ministry of Northern Development, Mines and Forestry (MNDMF); and
- the Ministry of Transportation (MTO).
Applications for investigation may be filed for alleged contraventions under 19 different laws that are prescribed under the EBR and for contraventions of any regulations under those laws. Applications for investigation may also be filed for alleged contraventions of prescribed instruments issued under 15 different laws, administered by four ministries (MOE, MMAH, MNR, MNDMF) and one agency (the Technical Standards and Safety Authority of the Ministry of Consumer Services). Please see the ECO’s website for an up-to-date list of ministries and laws prescribed under the EBR at www.eco.on.ca.
In the 2009/2010 reporting year, the ECO completed reviews of 26 applications for review and 11 applications for investigation. The ministries agreed to carry out EBR reviews or investigations for nine of these 37 applications. In five cases where ministries denied the request for a review or an investigation, the ECO disagreed with the ministry decision, believing that the issues deserved scrutiny under the EBR.
The following pages provide some highlights of selected applications completed in the 2009/2010 reporting year. The issues are very diverse, such as the need for environmental safeguards when natural gas or wind powered electricity plants are built; the need for more rigour when exemptions are granted for aggregate licences; and the need to consider moraines as important land forms in local land use planning. Please see Sections 5 and 6 of the Supplement to the Annual Report for detailed reviews of all applications completed under the EBR in 2009/2010.
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| This is an article from the 2009/10 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article:
Environmental Commissioner of Ontario. 2010. "Modernizing Mining in Ontario." Redefining Conservation, ECO Annual Report, 2009/10. Toronto, ON : Environmental Commissioner of Ontario. 144-145.
