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Environmental Bill of Rights Ontario

Environmental Bill of Rights Workshop

2014-11-05 Hamilton Library (Central Branch), Ontario, Canada

Link to bill

This recording was made with permission.

Began as an officiaries act Speaker: Ellen Schwartzel: Commissioner of Ontario

What is the environmental bill of rights?

  • 20 year history
  • aimed at increasing transparency of environmental decisions
  • involving the public in environmental decisions
  • 15 ministries must abide by the bill of rights
  • Tools:
    1. Environmental Registry
    2. Applications for Review
    3. Appeal Rights Under ER
    4. Thru Environmental Commissioner

Environmental Registry

  • website
  • searchable online database
  • allows you to comment before decisions are made
  • how can it pick out the few things that are relevant
  • across ontario
  • people use it a lot
  • 30 to 45 days to comment on a policy
  • sometimes they act if there are too few comments
  • platform needs to be re-built but little funding
  • there are some projects that do not show up

Application for Review

  • if you have a suggestion, you use a formal application form
  • This has covered some main issues in the past
  • They actually look at them in their offices
  • Obviously, they turn down most of the submissions
  • TURN DOWN FOR WHATT????
  • You can even report violations or weaknesses of law
  • you need an afedavid if you're reporting a violation
  • Know the Environmental Protection Act
  • "Normal use of property"
  • Fisheries act has been removed
  • Sometimes you can hold the ministries responsible
  • Sometimes MOE puts down important issues
  • Sometimes, if it is turned down, there can still be action
  • Keep fighting!

Third-Party Appeals

  • You need to have permission to appeal
  • usually there are private meetings with the ministry

Environmental Commissioners

  • Environmental Commissioner reports on ministries
  • on the side of the environment
  • Annual Greenhouse gas report / energy conservation
  • Special reports also made by environmental commissioner
  • (The guys making the talk)

Linda Heron

  • examples of use of Environmental Bill of Rights
  • it's awesome because the government has to pay attention
  • imagine if that's how military spending was done
  • it's super important to comment
  • imagine if there was a chemical reaction that went off That stores energy and keeps consuming stuff, reducing The air temperature and turned it into electrical power
  • things to think about: smell, traffic, sights, etc.
  • get your concerns to the registry!!
  • request-result examples
  • it's better when you have informed residents voting on topics
  • write letters, too!
  • conclusion of commenting rights

EBR Applications for Review

  • permits can be reviewed!
  • the city can appeal your appeal D:
  • success can come from different issues :)
  • McAsphalt is an example, where gov't knew plant was Operating despite having full set of permits
  • it ended up being more of a message than anything
  • usually there's a bigger struggle
  • I wonder what types of permits there can be for road maintainence And other types of construction
  • "Governments don't like to be embarrassed"
  • Call, or see them in person, and make sure you understand it

Q&A

1) Does commission have oversight over Ontario municipal board
	a. No, but the Ontario planning has power
2) Can the port authority cannot be controlled?
	a. Provincial / Federal rules apply on port land
	b. Where can residents make requests against board for gasification plant?
		i. If we all wrote letters
		ii. It will be able to process tons of toxic /nuclear waste
		iii. Open house next week 6-9
		iv. Amendments to permits are not always placed on registry
3) Timmins dump
4) What is the specific organization or reason for using registry?
	a. You need to have a reason to pass a law
	b. I'm running out of battery, so I'm going to have to stop it right now
  • If you make a complaint, document it and keep it under a review so it can be put in an application later
  • Take pictures, videos, document everything!
  • The track record of companies is good evidence against letting companies build
  • You may raise traffic concerns
  • If you're outside of physical boundary of those notified by environmental applications by companies, it can be tough to raise concerns about the company
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