In other cases, the government has moved to limit public disclosure of environment-related changes, declining to make agencies that deal with environmental matters subject to the bill of rights and reducing the number of notices that are posted on the province’s public Environmental Registry.
The auditor general also flagged the province’s move to temporarily exempt itself from portions of the Environmental Bill of Rights this spring amid COVID-19, allowing the government to make environmental changes
without notifying or consulting the public, and without facing appeals.
The exemption didn’t specify that it had to be used for pandemic response. That meant it “effectively cancelled” Ontarians’ ability to weigh in on environmental decision-making, an outcome that “could have been avoided” had the province simply narrowed the scope, the report said.
“While this was understandable under the circumstances, only nine of 276 exempted proposals during that period were urgent and related to COVID-19,” the report found.
The exemption meant the public also lost the right to appeal 197 government decisions on environmentally significant permits and approvals that were not related to COVID-19, even if the province made its final choice after the exemption ended, the report found.
Those permits and approvals would, for example, “allow industrial facilities to discharge pollutants to the air and water in Ontario communities,” the report said.
“The effects on the public of the Environment Ministry’s broad temporary exemption regulation may be felt well into the future.”
The auditor general recommended the ministry repost those proposals for public comments now, but in a response printed in the report, the government declined.
The report also sounded alarms about the government’s move to
weaken the public’s ability to participate in the environmental assessment process, a change made over the summer in the omnibus Bill 197. The government did not consult the public before passing the bill.
As
previously reported by
Canada’s National Observer, the auditor general wrote to the premier’s office before Bill 197 passed warning that the government was legally required to conduct public consultations under the requirements set out in the Environmental Bill of Rights. The government passed the bill anyway, and included a measure that would retroactively exempt the province from that requirement.
The auditor general also recommended the government hold off on implementing environmentally significant portions of Bill 197 until it could hold consultations, the report said. Again, the government declined.
“Not providing an opportunity for the public to comment on environmentally significant proposals can undermine public confidence in government transparency and decision-making.”
One change in Bill 197 took away the public’s right to ask for a full review of certain projects, a measure known as a “bump-up request.”
“As a result (of the change), bump-up requests related to 19 projects were terminated, including proposals to: build a new road through a mature Carolinian woodlot in the Greenbelt; construct municipal infrastructure through an area containing contaminated soil and groundwater; develop a wastewater treatment system that could affect fish and water resources; and rehabilitate mine tailings contaminating a nearby lake,” the report said.