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Ontario’s Environmental Bill of Rights

Ontario’s Environmental Bill of Rights (EBR), enacted in 1993, empowers residents of Ontario to participate in environmental decision-making processes and to hold the government accountable for protecting the environment. The EBR grants Ontarians several rights, including

• The right to access information about environmental policies,
• The right to participate in the formulation of environmental laws and regulations, and
• The right to request investigations into alleged environmental harm.

One of its key features is the Environmental Registry, an online platform where the public can access information on environmental decisions, submit comments, and track the progress of environmental initiatives. The EBR also allows citizens to seek reviews of existing policies, acts, regulations, and instruments that may impact the environment negatively.

The EBR establishes mechanisms for ensuring government transparency and accountability, such as the Environmental Commissioner of Ontario, an independent office responsible for reviewing and reporting on government compliance with the EBR. Citizens can file applications for investigations if they believe there has been a contravention of an environmental law or if they are concerned about significant environmental harm. Additionally, the EBR includes provisions for public education and encourages the proactive involvement of Ontarians in environmental protection and sustainable practices.

Historical Context of Ontario’s Environmental Bill of Rights

The Environmental Bill of Rights (EBR) was introduced in Ontario in response to growing public concern about environmental degradation and the need for stronger environmental governance. The late 20th century saw increased awareness and activism regarding environmental issues, influenced by global environmental movements and local incidents of pollution and ecological harm. The EBR was part of a broader trend towards recognizing the importance of public participation in environmental decision-making and the need for legal frameworks that ensure governmental accountability.

Ontario’s EBR was groundbreaking at the time of its enactment, as it provided a formal structure for citizen engagement and government transparency in environmental matters. It represented a significant shift from reactive environmental policies to a more proactive and inclusive approach, where the public’s role in safeguarding the environment was legally recognized and facilitated. The creation of the Environmental Commissioner of Ontario was a particularly notable aspect, as it provided an independent oversight mechanism to ensure the government’s adherence to environmental laws and policies, reflecting a commitment to maintaining the province’s environmental health and sustainability.

Elimination of the Environmental Commissioner of Ontario

In 2019, the Ford government made significant changes to Ontario’s environmental oversight framework by eliminating the office of the Environmental Commissioner of Ontario (ECO). These changes were part of broader legislative reforms encapsulated in Bill 57, the Restoring Trust, Transparency, and Accountability Act, 2018. Here is a summary of these changes and their implications:

1. Transfer of Responsibilities: The key functions and responsibilities of the Environmental Commissioner were transferred to the Auditor General of Ontario. The ECO had been responsible for monitoring and reporting on the province’s compliance with the Environmental Bill of Rights (EBR), energy conservation, and climate change policies. With the passing of Bill 57, these duties were absorbed by the Auditor General’s office, which established a new environment unit to handle these specific tasks.
2. Rationale for the Change: The Ford government argued that integrating the ECO’s responsibilities into the Auditor General’s office would streamline operations and reduce redundancy. They claimed this move would enhance accountability and efficiency in environmental oversight.
3. Impact on Oversight and Public Participation: Critics of the decision argued that the elimination of the independent ECO weakened environmental oversight in Ontario. The ECO had been a dedicated watchdog focusing solely on environmental issues, providing detailed and independent reports to the legislature and the public. By merging these functions with the Auditor General’s broader mandate, there were concerns that environmental issues might receive less focused attention and that the depth of reporting and analysis might be diminished.

The office of the Environmental Commissioner of Ontario was established in 1994, shortly after the enactment of the Environmental Bill of Rights. The ECO served as an independent officer of the Legislature, providing objective, non-partisan assessments of the government’s environmental performance. The decision to eliminate the ECO was met with significant opposition from environmental groups, opposition parties, and concerned citizens who valued the independent scrutiny and advocacy that the ECO provided.

The transition was seen by many as part of a broader trend under the Ford government towards reducing environmental regulations and oversight. This included changes to various environmental protections and a general shift towards prioritizing economic development and reducing regulatory burdens on businesses. The move to abolish the ECO was criticized as undermining the province’s commitment to environmental stewardship and public accountability in environmental matters.

Seeking Protection Under Ontario’s Environmental Bill of Rights

General overview – Process for seeking protection

Ontario residents who face water contamination from intensive agriculture can utilize the Environmental Bill of Rights (EBR) to seek protection and address their concerns. Here is an outline of the process:

1. Access to Information: Residents can access information about environmental policies, regulations, and decisions that affect their area through the Environmental Registry. The Registry provides details about proposed and existing policies, including those related to agricultural practices and water quality.
2. Public Participation: The EBR encourages public involvement in environmental decision-making. Residents can submit comments and feedback on proposed policies and regulations related to agriculture and water management. This input can influence the development and implementation of environmental regulations.
3. Request for Investigation: If residents suspect that a violation of environmental laws has occurred, leading to water contamination, they can file an application for investigation. This application is submitted to the relevant ministry through the Environmental Registry. The ministry is then obligated to investigate the complaint and take appropriate action if a violation is found.
4. Request for Review: Residents can also request a review of existing policies, acts, regulations, or instruments if they believe these are inadequate in protecting water quality. This request is submitted through the Environmental Registry, and the responsible ministry must consider whether a review is warranted.
5. Seek Remedies: If residents are not satisfied with the ministry’s response to their investigation or review request, they can escalate their concerns. This may include seeking legal action or contacting their local representatives to push for stronger enforcement and policy changes.

Process for Addressing Water Contamination Issues

1. Identify the Issue: Residents should document instances of water contamination, including details about the source, extent, and impact of the contamination. Collecting evidence, such as water quality test results, photographs, and witness statements, is crucial.
2. File an Application for Investigation: Residents can file an application for investigation through the Environmental Registry. The application should include detailed information about the suspected violation and supporting evidence.
3. Follow Up with the Ministry: After submitting the application, residents should monitor the progress of the investigation. The ministry is required to inform the applicant about the steps taken and the outcome of the investigation.
4. Request a Review if Necessary: If the issue is not adequately addressed, residents can request a review of the relevant policies or regulations. This request should clearly explain why the existing measures are insufficient and suggest potential improvements.
5. Public Advocacy and Legal Action: Residents can also engage in public advocacy by raising awareness about the issue through media, community meetings, and collaborations with environmental organizations. If necessary, legal action can be pursued to seek remedies and enforce compliance with environmental laws.

By utilizing the mechanisms provided under the Environmental Bill of Rights, Ontario residents can actively participate in protecting their water resources from contamination due to intensive agriculture and ensure that their concerns are addressed by the government.