Public Concerns Raised: Applications
If an Ontario resident believes that the environment is not being sufficiently protected, the Environmental Bill of Rights, 1993 (EBR) gives him or her the right to ask prescribed government ministries to review: an existing policy, law, regulation or instrument (such as a Permit to Take Water); or the need for a new law, regulation or policy. Such requests are called applications for review. Ontario residents can also ask ministries to investigate if they believe that specific environmental laws, regulations or instruments have been contravened. 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 frequently 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. An application can 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.
Ontarians submit their applications for review or investigation to the ECO, where they are reviewed to ensure they meet the requirements of the EBR; the ECO then forwards applications to the appropriate ministry. The ministry decides either to carry out the requested review or investigation, or to 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 prescribed under the EBR 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 (ENG)*;
- The Ministry of the 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).
* In August 2010, the Ministry of Energy and Infrastructure (MEI), which was previously prescribed for reviews under the EBR, split into two ministries: the Ministry of Energy (ENG) and the Ministry of Infrastructure (MOI). A regulation proposal on the Environmental Registry (#011-2697) proposes to change the name of MEI to ENG to ensure that ENG is prescribed for the purposes of responding to applications for review.
Applications for investigation may be filed for alleged contraventions under 18 different laws 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 17 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 (www.eco.on.ca) for an up-to-date list of ministries, laws and instruments prescribed under the EBR.
In the 2010/2011 reporting year, the ECO reviewed 11 applications for review (one sent to six ministries) and 6 applications for investigation (one sent to two ministries). Of these 17 applications, ministries agreed to undertake one application for review and one application for investigation. Of the ten applications for review denied by ministries, the ECO disagreed with eight of these decisions, believing that the issues deserved scrutiny under the EBR. By contrast, of the five applications for investigation denied by ministries this year, the ECO agreed with all five of these decisions, finding that the ministries’ rationales for denying the applications were all reasonable.
The following pages provide some highlights of selected applications received or reviewed in the 2010/2011 reporting year. The issues are very diverse, and include requests to: review and amend the EBR itself to better achieve its broad purposes; review the Oak Ridges Moraine Conservation Plan to provide meaningful protection to groundwater aquifers; review the regulations concerning industrial discharges of contaminants into surface water; review MNR’s policies for addressing canoe portage routes on Crown lands; and investigate the alleged release of untreated sewage in provincial parks. Detailed reviews of all applications completed in 2010/2011 are found in Sections 5 and 6 of the Supplement to this Annual Report.
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| This is an article from the 2010/11 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article:
Environmental Commissioner of Ontario. 2011. "Public Concerns Raised: Applications." Engaging Solutions, ECO Annual Report, 2010/11. Toronto: The Queen's Printer for Ontario. 115-116.
