MOE's Approach to Compliance
MOE’s Compliance Guideline was last revised in June 1995. This document was one of the first policies posted for comment on the Environmental Registry after the enactment of the EBR. Under this guideline, MOE uses both abatement and enforcement to ensure compliance with the various environmental laws within its mandate. Abatement refers to measures that are taken to correct contravention of environmental legislation through activities such as pollution prevention programs and compliance education. Enforcement measures are more formal and involve investigation by an independent branch of MOE, with the possible result a criminal charge and conviction. Abatement measures can be directed at violations, but may also be used in a proactive manner to prevent future violations. It should be noted that MOE also makes use of certificates of approval and preventative measure orders to prevent pollution at early stages.
MOE finds out about non-compliance with ministry legislation and regulations through routine inspections, and when responding to spills, complaints and applications for investigations and reviews under the EBR. The guideline states that where there is an emergency or a situation that poses an immediate danger to human life, health or property, MOE should take immediate action, such as issuing a stop order if voluntary abatement does not occur and requiring the implementation of an abatement program. For all other situations of non-compliance, the ministry makes a determination as to whether voluntary abatement or mandatory measures are warranted.
According to the 1995 guideline document, MOE may require mandatory compliance in accordance with a list of criteria, including situations where non-compliance poses a significant risk or will have an adverse effect on humans, plants, animals, property or the environment; where there is an unsatisfactory compliance record; where the act of non-compliance appears to have been deliberate or to have resulted from negligence; or where previous voluntary abatement has not resulted in progress toward compliance. However, even if some of these mandatory requirements exist, voluntary abatement measures may be used, although reasons for this choice of abatement must be documented.
Investigations and inspections are carried out by Provincial Officers and special investigators who are ministry staff designated by the minister, under statute, to enforce the Acts and associated regulations. These officials evaluate the nature and extent and the adverse effects related to non-compliance and determine whether reasonable and probable grounds exist to recommend proceeding with prosecutions and other compliance strategies. Their findings are then written up in an occurrence report. The vast majority of inspectors and abatement officials at MOE work for the Operations Division, the largest division of MOE. When an infraction occurs under an MOE Act or one of its regulations, MOE has a range of enforcement options. In emergency situations involving the release of specified toxic substances, officers may issue a provincial officer’s order to prevent, reduce or remedy damage to the environment. Where mandatory abatement measures are deemed necessary, MOE issues a “control document,” an order or report authorized by the appropriate section of the appropriate statute. If there is a situation of non-compliance where an instrument, such as a certificate of approval, is already in place, mandatory abatement can be achieved by amending the existing instrument to impose more stringent conditions, enforcing the current conditions, or suspending or revoking the instrument. If a control document or instrument does not achieve compliance, the case is forwarded to MOE’s Investigations and Enforcement Branch (IEB), which decides if an investigation is warranted. If no investigation is warranted, this conclusion is documented in the occurrence report. If an investigation is undertaken, the IEB may draft a Crown brief to support the laying of charges.
The Ministry of the Attorney General has responsibility for all prosecutorial actions and litigation work relating to MOE’s mandate. The ultimate decision on whether to proceed with prosecution of the charges rests with the Legal Services Branch of the Attorney General at MOE. The courts often make the final decisions regarding prosecutions, injunction applications and civil suits under the EPA, the OWRA and the Pesticides Act, including the penalty to impose or the remedy to order.
| This is an article from the 2000/01 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article
Environmental Commissioner of Ontario. 2001. "Compliance and Enforcement at MOE." Having Regard, ECO Annual Report, 2000-01. Toronto, ON : Environmental Commissioner of Ontario. 74.
