Proposed exemption to the…

Proposed exemption to the Environmental Assessment Act

Please consider these comments with regard to the exemption to the Environmental Assessment Act proposed by the Ministry of the Environment, Conservation and Parks, and posted on the Environmental Registry of Ontario (ERO) via notice 019-1804.

These comments address three points:

• shortcomings in the background information provided in the ERO posting;
• shortcomings in the consultation processes proposed in the new Environmental Impact Assessment Policy; and
• shortcomings in the dispute resolution process.

Separate comments about the proposed new Environmental Impact Assessment Policy will also be submitted.

First, I am concerned that respondents can not provide fully informed comments. Four of the five ‘Related Links’ that address provincial parks and conservation reserves planning do not work, as indicated below. They either do not connect to anything, or the .pdf file that is supposed to be attached to the link does not open.

• Ontario’s Protected Areas Planning Manual – Link does not work
• Guideline to Involvement During Protected Area Management Planning – Link does not work
• Guideline to Management Planning for Protected Areas in the Context of Ecological Integrity – Link works
• Examining Protected Area Management Direction Guideline – Link does not work
• Adjusting Protected Area Management Direction Guideline – Link does not work

In addition, the links related to the current Class Environmental Assessment (Class EA) under the Provincial Parks and Conservation Reserves Act take readers to information about exceptions to the Class EA (e.g., Minister’s Declaration Orders), but the Class EA itself does not seem to be included in the background information.

The broken links should be repaired; the existing Class EA should be added to the background information; and the consultation period should be extended to compensate for these problems.

Second, if an exemption is granted under the Environmental Assessment Act for all projects in provincial parks and conservation reserves carried out by or on behalf of the Ministry of the Environment, Conservation and Parks, it should make it easier for the Ministry to administer the protected areas for which it is responsible. In addition, the Ministry will not have to do a five-year review of the Class EA.

It is essential, however, that appropriate consultation take place with regard to certain initiatives within protected areas, for their impacts inside of protected areas as well as their potential impacts outside of the protected areas. The need for consultation is recognized in the proposed new Environmental Impact Assessment Policy linked to this ERO posting, but it has shortcomings. In particular, the shortcomings relate to consultation linked to mitigating negative effects on the natural, social, economic and cultural environments. If not corrected, these shortcomings may result in ongoing issues for the Province of Ontario, landowners, and those who use Crown land.

In short, an exemption from the Class EA is acceptable IF the new Environmental Impact Assessment Policy is modified so that it:

• includes provisions for consultation with Indigenous communities whose traditional lands are in the area of interest, and appropriate accommodation for any concerns expressed by the communities;
• considers of the needs of the province with regard to the greater public good (i.e., access routes, utility corridors, economic opportunities, etc.) and not just the interests of the protected area, and does this before engaging third parties in the consultation;
• addresses the concerns of third parties with fiduciary interests that may be affected by the decision (e.g., access constraints that may affect owners of cottages, or of mining rights issued under the Province’s Mining Act); and
• takes the concerns of third parties without fiduciary interests into account, if those interests may be affected by the decision (e.g., access constraints that may limit hunters and fishers from reaching areas of Crown land outside of the park or conservation reserve).

And finally, the provisions related to the ‘requests for reconsideration’, as proposed in the new policy are ridiculous. As written, concerned parties should contact the appropriate Ontario Parks office as soon as possible, after a project is proposed. Yet, it appears that the Ministry can proceed with its planning process – and project.

A decision to reconsider that project will be made by the Director of Ontario Parks, who would not be an impartial adjudicator. The appeal should either go to the Minister or to an impartial party such as the Mining and Lands Commissioner.

And, the decision to reconsider a project would not be made until after a ‘notice of completion’ is issued. If the notice of completion is with regard to the planning process, then opponents can have some hope that the decision can be overturned. If, however, the notice of completion is with regard to the project itself, then opponents can have little hope that the decision will be overturned and the project undone. The stage at which the ‘notice of completion’ is issued needs to be made clear. If the ‘notice of completion’ is not issued until after the project has been done, then the reconsideration process needs to be revised so that opponents have a legitimate opportunity to influence whether, or how, the project is actually undertaken.

Thank you for the opportunity to comment on the proposed exemption under the Environmental Assessment Act. I trust that you and your colleagues will take these comments under consideration and make appropriate changes as a result.