The following comments were…

The following comments were also submitted in a more comprehensive submission in relation to the overall Bill 132 consultation:

Holding Polluters Accountable
The OFVGA is supportive of ensuring that those that are willfully skirting environmental regulations are held accountable for their actions and that any damage caused to the environment is addressed by those responsible. Monetary penalties can be one tool used to ensure accountability. As the province investigates the expansion of monetary penalties to additional legislation including the Nutrient Management Act, the Pesticides Act and the Ontario Water Resources Act, the OFVGA wishes to ensure that the application of these penalties consider several factors.
First, the OFVGA would like to ensure that the government continues a risk-based approach to compliance and enforcement of the Acts. Monetary penalties should only be used in a situation where there is a willful contravention occurring and an unwillingness to implement a corrective action in a timely manner. In reviewing contraventions, due diligence with respect to ensuring all reasonable steps were taken to prevent a contravention should be considered and reflected in any kind of order or monetary penalty on the responsible party.
Secondly, the sector would benefit from more uniform enforcement of statues. There have been many instances where enforcement officers are being subjective when interpreting the requirements of environmental regulations, sometimes leading to unreasonable requests to meet compliance, or unwarranted penalties on farmers. Increased training of enforcement officers on how to consistently apply the statues and the integration with the realities of fruit and vegetable production would go a long way to address these concerns. Additionally, the development of a transparent and truly third-party appeals process will increase the integrity and fairness of the entire compliance system. If implemented correctly, a central ombudsman for reviewing appeals would increase consistency of appeals processes and decisions – leading to reduced red tape.
Finally, the OFVGA would like to ensure that monetary penalties are ultimately put back into environmental improvements related to the environmental contravention. This could come in the form of project(s) that help prevent future contraventions, increased adoption of best practices, or identify innovative ways to reduce the cost of complying.
It is understood that the details of the monetary penalties and how they are implemented will come through when the specific regulations are posted for consultation. The OFVGA looks forward to being engaged as this regulatory process continues.