May 23, 2019 Honourable Rod…

May 23, 2019
Honourable Rod Philips
Ministry of the Environment, Conservation and Parks
College Park 5th Flr,
777 Bay St, Toronto, ON M7A 2J3

Regarding: The proposal to modernize Ontario’s Environmental Assessment Program, 013-5102
Dear Minister Philips,
As the Tourism Industry Association of Ontario (TIAO) we work to ensure that amendments to public policy reflect the multifaceted and evolving needs of the tourism industry. As such we lend our official support to the proposed regulatory amendments within the Environmental Assessment Act (EAA) and the proposed changes to modernize Ontario’s environmental assessment program.
We support the proposed amendments to the EAA that would, that if passed would:
• Modernize the environmental assessment program to focus on higher-risk projects by exempting very low-risk activities (e.g. snow plowing and de-icing operations, constructing roadside parks and adding bike lanes) from Class Environmental Assessments. These exempted activities have been classified as low-risk following comprehensive consultation on the Class Environmental Assessment involving the Ministry, the public, Indigenous communities and other stakeholders.

Ensure timeliness and certainty for the review of requests to the Minister asking for a higher level of assessment on a project (i.e. “bump-up”), including:
1. Clearly defining which matters that would allow for a bump-up to be requested, including matters related to Aboriginal or treaty rights and other matters of provincial importance as prescribed.
2. Authorizing the creation of a regulation that would prescribe limits on when the Minister must make decisions on requests, and deadlines for requesting a bump-up to provide transparency for all involved in the process.
3. Ensuring that Ontarians are given priority over other interests by limiting bump-up requests to only those that live in Ontario.

• Clarify the Minister’s authority to reconsider an approval of a project and ask for additional information on an individual environmental assessment, if deemed appropriate.

TIAO supports the modernizing of Ontario’s environmental assessment program as it pertains to reducing duplications, and ensuring a predictable, efficient, and credible process for tourism operators and businesses. We further support amendments that apply a rigorous Terms of Reference, including consideration of cumulative effects, climate change, and extensive consultations for all proposed projects that include land-use proposals for Crown Lands and all public lands. With the exemption of low-risk projects we request that all high-risk projects including timber management on Crown lands, and all proposed mining projects be addressed with comprehensive assessment mechanisms, and not with inadequate tools such as designation and declaration orders.

In the process of modernizing Ontario’s environmental assessment program, we propose the following recommendations be included as part of all procedures:
• Integrate climate change considerations into all environmental assessment activities under the EAA.

• Enhance consultation protocols or processes for engaging with First Nations and Métis communities in a manner that aligns with the United Nations Declaration on the Rights of Indigenous Peoples, including the right to free, prior, and informed consent.

• Retain the “Terms of Reference” (TOR) mechanism under the EAA, while revising (or removing) the current Ministerial power to approve “focused” TORs which exclude key environmental planning considerations (e.g., “need”, “alternatives to”, and alternate sites).
TIAO is recognized as the voice of the tourism industry of Ontario and we are proud to represent that interests of Ontario’s powerful tourism industry that contributes more than $5 billion annually in tax revenues for the government of Ontario, meaning that the total economic contribution of tourism is larger than agriculture, forestry, and mining combined.
As the recognized voice of our industry, we look forward to continued opportunities to consult with the provincial government to support the reduction of red tape in order to ensure the tourism industry reaches its full potential as an economic driver.
Sincerely, Beth Potter
President & CEO
Tourism Industry Association of Ontario