Bill 197 undermines the…

Bill 197 undermines the democratic process:

Timing: Bill 197 was tabled while Ontarians are grappling with a global pandemic, enabling the government to dodge public scrutiny. It was rammed through the Legislature on July 21 only 13 days after it was introduced on July 8, 2020.

Lack of transparency: Under the guise of dealing with the pandemic, the title of the new law, COVID-19 Economic Recovery Act, 2020 poorly reflects its content and hides its negative environmental, social and economic implications.

Breadth of changes: The new law amends 20 pieces of legislation at once. It’s a 92-page document of complicated legislative amendments that require continual cross-referencing to the laws being amended in order to be understood. There are 36 pages of amendments to the EAA alone, and yet, despite the length and complexity of the changes, they fail to address recommendations in recent years by the Environmental Commissioner and the Auditor General.

No opportunity for public consultation: Despite a legal obligation under the Environmental Bill of Rights, 1993 to provide at least at 30-day consultation for any amendments to the EAA, none was provided. See letter drafted by Ecojustice to Minister Yurek.

Debate curtailed: The government moved to limit debate at second reading to the minimum 6.5 hours required. It provided no opportunity for members of the Legislature or the public to raise concerns or suggest amendments through a Standing Committee hearing.

Regulatory changes will bypass the Legislature: Most of the government’s changes to the EAA will be implemented through regulation, which means that they won’t go through the Legislature. None of the regulations has been shared with the public.

Public participation diminished: As noted above, changes to the Planning Act strengthen the government’s power to use Minister’s Zoning Orders which enable development projects to proceed without public consultation or the right to appeal. Restricted opportunities for ‘bump- up’ requests under the EAA likewise undermine public participation.