Proposed amendments to the Environmental Bill of Rights, 1993 and related amendments to the Environmental Protection Act

Ontario's Environmental Bill of Rights (EBR) framework has remained largely unchanged since 1994 and is unique in Canada. It provides for specific procedural rights to the public that are broader and more stringent than in other jurisdictions.

The current framework also includes several components that are duplicative of other government consultation and participation processes as well as requirements that can create project implementation uncertainty for businesses, including: 

• consultation and public notice requirements that result in duplicative postings across the Environmental Registry of Ontario (ERO) and the Ontario Regulatory Registry (ORR); 
• procedural mechanisms that can lead to implementation delays of government decisions and create uncertainty for businesses;
• procedural mechanisms that duplicate other avenues for public participation and environmental oversight; and
• seldom-used procedural rights to commence civil actions for harm to a public resource.

As such, the Ministry of the Environment, Conservation and Parks (MECP) is now proposing amendments to the Environmental Bill of Rights, 1993 (EBR) and to the Environmental Protection Act (EPA), and consequential amendments to other statutes and regulations, that would: 

• Streamline and remove duplication from public consultation processes regarding environmental proposals;
• Remove requirements that potentially create project implementation uncertainty;
• Remove unique and seldom-used provisions regarding civil actions; and
• Provide for consistency across other government Acts and regulations by making consequential amendments.

Streamline and remove duplication from environmental consultation and decision-making processes

Notice of Government Proposals and Decisions

MECP is proposing to create an exception to the requirements to post proposals for policies, Acts and regulations on the ERO which would apply if the proposed policy, Act or regulation is also required to be posted on the ORR. If implemented, those proposals would be posted on the ORR. The public would continue to be able to provide input through registry postings on the ORR and ERO, legislative committee processes (in the case of proposals for Acts), stakeholder engagement opportunities and direct communication with government.

The exception would not apply to proposals for instruments prescribed under the EBR and these instruments would continue to be posted on the ERO. 

MECP and partner ministries will also be exploring ways to make the user experience across both registries more streamlined for members of the public and organizations who wish to learn about and comment on government proposals. 

Applications for Review and Applications for Investigation

MECP is proposing to repeal the provisions that allow members of the public to ask the government to review an existing law, regulation, policy, or instrument by submitting an Application for Review.

MECP is also proposing to eliminate the provisions that allow members of the public to request an investigation of alleged contraventions by submitting an Application for Investigation under the EBR. 

Members of the public would still be able to engage ministries about existing policies, Acts, regulations and instruments and bring alleged contraventions to the attention of ministries by contacting the ministry’s Spills Action Centre, one of several district offices responsible for compliance and enforcement or another responsible ministry directly.

Statements of Environmental Values

We are also proposing to repeal the requirements for prescribed ministries to develop and consider Statements of Environmental Values when making decisions.

Ministries consider environmental factors in their decision-making as appropriate and as a matter of good governance and best practice with respect to policy development.

Remove requirements that can create project implementation uncertainty

MECP is proposing to repeal third-party mechanisms to seek leave (permission) to appeal under the EBR and third-party appeal mechanisms under the EPA in respect of decisions about renewable energy approvals. 

The change would provide greater certainty for project proponents that have already undergone a public consultation process and obtained government approvals. With these changes, government decisions could be implemented with greater certainty for businesses, organizations, and others seeking approvals.

This greater certainty regarding the implementation of permits, approvals, and other instruments could potentially save businesses time and money.

Remove unique and seldom-used provisions regarding civil actions

MECP is proposing to repeal Part VI of the EBR which contains the right to sue for harm to a public resource and remove a procedural provision that eliminates the requirement for plaintiffs commencing public nuisance actions to obtain the consent of the Attorney General. Actions under the provisions regarding harm to a public resource have rarely been used since the EBR came into force. Members of the public will still be able to commence public nuisance actions. 

Provide for consistency across other government Acts and regulations

We are also proposing to make a consequential amendment to the Resource Recovery and Circular Economy Act, 2016 to remove a reference to a provision that is proposed to be repealed. In addition, if the proposed changes to the EBR and EPA are implemented, consequential and administrative amendments will be made to regulations including those under the EBR and EPA to remove references to provisions that are proposed to be repealed and to ensure that regulations are consistent with the changes described above.

Regulatory Impact

No direct compliance costs to regulated entities are anticipated to result from this proposal. This proposal would provide greater certainty for businesses that require instruments to be issued to undertake their activities in compliance with Ontario’s legislative and regulatory frameworks, potentially saving regulated entities time and money.

Implementation

MECP is proposing that most of the proposed changes take effect upon Royal Assent. The repeal of provisions related to civil actions, applications for review and investigation, third-party leave to appeal under the EBR and the third-party appeals under the EPA will be retroactive to the date of Introduction of the Building Ontario Faster Act, 2026.

Provisions that would eliminate duplication of posting requirements across the Environmental Registry of Ontario and Ontario Regulatory Registry and the repeal of regulation making authority relevant to repealed provisions would be effective later, upon Proclamation Order.

Consequential regulatory amendments to O. Reg. 73/94 (General) and O. Reg. 681/94 (Classification of Proposals for Instruments) made under the EBR and O.Reg. 359/08 under the EPA are also proposed, along with consequential amendments to regulations under other statutes if the proposed amendments to the EBR and EPA are implemented.