Introduction: Some Hilights of 2008-09 EBR Applications

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Under the EBR, Ontario residents have the right to ask prescribed government ministries to review an existing policy, law, regulation or instrument (such as a Certificate of Approval or permit) if they feel that the environment is not being protected. Residents 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. Applications for investigation may be filed under 17 different laws that are prescribed under the EBR'.

Applications for review or investigation are first submitted to the Environmental Commissioner of Ontario, where they are reviewed for completeness. Once ECO staff members have decided that a particular application meets the requirements of the EBR, the ECO forwards it to the appropriate ministry. The ministry then decides whether it will conduct the requested review or investigation, or whether it will deny the request. The ECO reviews and reports on the handling and disposition of applications by ministries.

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 ground-truthing mechanism for both the ECO and ministries, highlighting issues that really matter to the public, and often spurring further research.

Four ministries and one agency are required to respond to both applications for review and applications for investigation:

  • the Ministry of Environment (MOE);
  • the Ministry of Energy and Infrastructure (MEI);
  • the Ministry of Natural Resources (MNR);
  • the Ministry of Northern Development and Mines (MNDM); and
  • the Technical Standards and Safety Authority (TSSA) of the Ministry of Small Business and Consumer Services.

Two ministries are required to respond to applications for review only:

  • the Ministry of Agriculture, Food and Rural Affairs (OMAFRA); and
  • the Ministry of Municipal Affairs and Housing (MMAH).

In the 2008/2009 reporting year, the ECO reviewed 29 applications for review and 14 applications for investigation. Individual applications for review and investigation received by the ECO may be forwarded to more than one ministry if the subject matter is relevant to multiple ministries, or if the applicants allege that Acts, regulations or instruments administered by multiple ministries have been contravened. Of these 43 applications, the ministries concluded that a review or an investigation was warranted for only nine applications. In many cases, the ECO disagrees with the decision to turn down an application and believes that the issues raised by the applicants did merit a review or an investigation.

The ECO’s detailed reviews of applications for review and investigation are found in Sections 5 and 6 of the Supplement to the Annual Report. In the following pages, brief summaries of selected applications handled by ministries during this reporting period are provided.

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