Bill 132, Better for People, Smarter for Business Act, 2019

The government considered all feedback received during the comment period for this posting, which was between October 28, 2019 to November 27, 2019. The government received comments from a wide range of interested parties, including:

• Individual members of the public
• Industry and industry associations
• Municipalities
• Non-governmental organizations.

Ministry Specific Comments

Former Schedule 2: Ontario Ministry of Agriculture, Food and Rural Affairs – Line Fences Act

• The repeal of the Line Fence Act was taken out of Bill 132.
• The Ministry of Agriculture, Food and Rural Affairs (OMAFRA) appreciates the leadership and advice of the agriculture stakeholders as the ministry continues to partner and collaborate on reducing burdens and improving environmental protections.
• OMAFRA will continue to work with stakeholders on the next steps in implementing the changes from these amendments.

Schedule 7: Ministry of Energy, Northern Development and Mines

45-day Closure Plan Amendment Filing

• Through the Better for People, Smarter for Business Act, 2019, the government is proposing changes to the Mining Act that will help ensure that northern communities can improve their competitiveness and attract investment.
• There are no impacts to Treaty and Aboriginal rights with this proposed change and this does not impact the duty to consult.
• There is already a 45-day requirement for a decision on filing or returning submitted closure plans, and all Aboriginal consultation needs to be completed up front with a consultation report before a certified closure plan is submitted.
• The same 45-day requirement that currently applies to closure plans will now consistently apply to closure plan amendments. The ministry is committed to ensuring that the duty to consult is met, including where the ministry delegates procedural aspects of consultation.
• When there are clear and transparent consultation practices, the government can create a more stable business environment, develop strong relationships, and create economic opportunities.

Schedule 8: Ministry of Environment, Conservation and Parks

Expanding the mandate of the Resource Productivity and Recovery Authority

• The Ministry of the Environment, Conservation and Parks (MECP) will change the Resource Productivity and Recovery Authority’s (RPRA) mandate to include digital reporting services through its registry for a wider range of waste and resource recovery programs.
• MECP heard from industry that there are concerns with data privacy, given that a third-party authority outside of government, the Resource Productivity and Recovery Authority, will be collecting and managing data. 
• MECP made changes in response to this concern and made an additional amendment to the Resource Recovery and Circular Economy Act to clarify that commercially sensitive information that is submitted through the registry cannot be publicly released by RPRA. If needed, commercially sensitive information can be defined through a future regulation.

Other MECP items

• Industry was generally supportive of amendments to the Pesticides Act to align pesticides classifications with the federal government and to dissolve the Ontario pesticides Advisory Committee (OPAC). The public and non-governmental organizations were generally not supportive of these changes.
• Stakeholders and the public generally support the concept of administrative monetary penalties but had concerns with regards to its implementation. There was also support using the funds collected from the penalties to support environmental improvement activities.
• MECP also led consultations on this schedule.

Schedule 15: Ministry of Natural Resources and Forestry

Lakes and Rivers Improvement Act and Aggregates

• There was a mixture of support and concern related to the proposed amendments to the Crown Forestry Sustainability Act, Oil, Gas and Salt Resources Act and Lakes and Rivers Improvement Act. Consideration of these comments are addressed in a separate decision notice.
• Amendments to Three Statutes administered by the Ministry of Natural Resources and Forestry to support the proposed Better for People, Smarter for Business Act, 2019 and a proposal for a new regulation under the Lakes and Rivers Improvement Act (ERO- 019-0732).
• Some comments received related to proposed changes to the Aggregate Resources Act, also proposed in Schedule 16. Consideration of these comments will be addressed in a separate decision notice regarding the proposed amendments to the Aggregate Resources Act.

Other Schedules

A limited number of the comments received pertained to the remaining schedules of the Act. Concerns were raised about the effects of red tape reduction on public interests. The government remains committed to reducing unnecessarily burdensome red tape while maintaining standards to keep the environment, Ontario workers, and families safe and healthy.

Schedule 13: Ministry of Labour, Training and Skills Development

Occupational Health and Safety Act (OHSA)

• Companies in Ontario are already required to report new chemicals to the federal government and must comply with the national Workplace Hazardous Materials Information System for all hazardous products in the workplace. Section 34 of the Occupational Health and Safety Act duplicates this requirement. 
• Removing this requirement will not have a negative impact on workplace health and safety.

Schedule 2: Ministry of Attorney General

Local Planning Appeal Support Centre Repeal Act

• After a careful review the government found that there was a low demand for services and took action to respect taxpayer dollars by winding down the Local Planning Appeal Support Centre. The Local Planning Appeal Support Centre Repeal Act, 2019 would dissolve the Local Planning Appeal Support Centre and repeal its enabling legislation.