Please note: In addition to…

Please note: In addition to the Métis Nation of Ontario (MNO) adding the comment below to the Ontario Provincial Registry, a separate email with similar comments has also been send to the Ontario Ministry of Agriculture, Foods and Rural Affairs (OMAFRA). The MNO would also add that the online information session hosted by the OMAFRA on February 05, 2021 does not constitute any form of Indigenous consultation nor does it barely meet the requirements of Indigenous engagement; this was merely a public open house.

The MNO understands that drainage features are already in place across Ontario and those works and features, while impactful to the environment at the time of construction, were originally approved by appropriate regulators. We also understand that new drainage works, including the incorporation of new drains under the DA and subsequent maintenance on existing drains, are also an on-going activity. The MNO understands that the proposed changes to the DA are to generally allow small or minor ‘improvements’ on existing drainage features with reductions in administrative review, and those minor works are described as having predictable and minimal impacts to the environment. While the changes as described are generally regulatory and administrative, the MNO is not confident that those changes will not impact the environment or Métis rights and way of life. There is a concern that the changes may streamline or otherwise provide a gateway for works on drainage features that are impactful to the environment, especially water.

As proposed, it is suggested that other regulatory review will still exist and remain virtually unchanged should the works not qualify under the description of “minor improvements”. However, because the proposed changes will reduce regulatory notification; what would trigger an environmental review should a regulator disagree that the works are minimal if no regulator has been notified? Further, if Indigenous communities have not been given an opportunity to consider whether the list of minor improvements would have impacts to Indigenous rights, or if Indigenous communities even agree with the OMAFRA of what constitutes a ‘minor improvement’, how can the OMAFRA confidently assert that these works will not impact Indigenous rights?

The MNO does have some concerns with the proposed changes to the DA but will reserve formal objection to the changes on the assumption that sufficient regulatory oversight to protect the environment will remain intact. Should MNO citizens observe impacts to the environment that they feel affect Métis rights and way of life stemming from works covered under these changes, formal comment may be logged with OMAFRA and the Province at that time.