May 24, 2019 RE: Discussion…

May 24, 2019

RE: Discussion paper: modernizing Ontario’s environmental assessment program ERO number 013-5101

The Ministry of the Environment, Conservation and Parks is requesting comments and input addressing Modernizing Ontario’s Environmental Assessment Program.
I am responding as a member of the Ministry of the Environment staff team that drafted the original Green Paper on Environmental Assessment in the mid-1970's and as the Manager of the Environmental Assessment Program Improvement Project (EAPIP), from inception 1987 to conclusion 1990, which was formed to carry-out a program review of the EA Program carried out over the previous 13 years.

Public consultation was carried out through 11 community meetings across the Province, receipt of submissions and discussions with two advisory groups - Public Advisory Group and the Interministry Liaison Committee. The working papers were prepared to assist the readers to respond to the Final Paper which contained recommendations.

The following documents were published and can be accessed through the EA Branch records management system:
An Introduction To The Project, April 1988;
Phase 1 Recommendations For Improvements to the Current Program {Nine improvements were recommended for public consultation), Summer 1989;
Working Paper 1, Concept of EA and EA Program Structure, by David E. Smith, January 1990;
Working Paper 2, Review and Approval of Environmental Assessments, by Lorraine van Vlymen, January1990;
Working Paper 3, Class Environmental Assessments, Bump-Ups, Exemptions, Designations, by Luigi M. Aurilio, November 1989;
Working Paper 4, Environmental Assessment Monitoring, by C. Bancroft Wilson and Alan Buck, December 1989;
Working Paper 5, The Application of EA, by Michael Jerrett and Walter Smithies, January 1990;
Working Paper 6, Public Consultation, by B. L. Fenoulhet, December 1989;
Final Paper, Toward Improving The Environmental Assessment Program in Ontario, July 1990.

Nearly thirty years ago, the final report was presented to the Minister and to the public. It contained 76 recommendations to improve the EA Program. Unfortunately administrative changes within the MOE and the election of a new government in 1990 resulted in few of the recommendations being implemented.

From the earliest days, the review of documentation and submissions leading to a decision under the EA program was criticized for, among other things, the length of time to complete. I recommend that the MECP reviewers review the above documents and take advantage of the research, public consultations and recommendations to incorporate them into Modernizing Ontario’s Environmental Assessment Program .

I supported then, as I do now, reasonable efforts to reduce such delays and while ensuring sustainable development. Unfortunately the tone of the current discussion paper is to champion business interests at the expense of environmental protection and sustainability.

The present challenge, as was the case in the past, is to find the right balance between sustaining the environment while enhancing the economy. From the current Statement of Environmental Values, the "Ministry of the Environment and Climate Change is committed to applying the purposes of the EBR when decisions that might significantly affect the environment are made in the Ministry. As it develops Acts, regulations and policies, the Ministry will apply the following principles:
• The Ministry adopts an ecosystem approach to environmental protection and resource management. This approach views the ecosystem as composed of air, land, water and living organisms, including humans, and the interactions among them.
• The Ministry considers the cumulative effects on the environment; the interdependence of air, land, water and living organisms; and the relationships among the environment, the economy and society.
• The Ministry considers the effects of its decisions on current and future generations, consistent with sustainable development principles.
• The Ministry uses a precautionary, science-based approach in its decision-making to protect human health and the environment.
• The Ministry’s environmental protection strategy will place priority on preventing pollution and minimizing the creation of pollutants that can adversely affect the environment.
• The Ministry endeavours to have the perpetrator of pollution pay for the cost of clean up and rehabilitation consistent with the polluter pays principle.
• In the event that significant environmental harm is caused, the Ministry will work to ensure that the environment is rehabilitated to the extent feasible.
• Planning and management for environmental protection should strive for continuous improvement and effectiveness through adaptive management.
• The Ministry supports and promotes a range of tools that encourage environmental protection and sustainability (e.g. stewardship, outreach, education).
• The Ministry will encourage increased transparency, timely reporting and enhanced ongoing engagement with the public as part of environmental decision making."
Thus any decision taken to modernize or change the EA Program must take the SEV into account.
I encourage the Ministry to ensure that any suggested policy changes be congruent with the stated principles of the SEV and to the recommendations of the Final Paper, Toward Improving The Environmental Assessment Program in Ontario, July 1990.
Please keep me informed of future consultations on any future policy, regulation or statutory changes related to the EA Program.
Thank you.
Your truly,
M. E. Plewes