Environmental Bill of Rights, 1993

Bills that amended this Act0

No published amendment links yet for this Act.

Sections341

• [s0]Preamble

  The people of Ontario recognize the inherent value of the natural environment. The people of Ontario have a right to a healthful environment. The people of Ontario have as a common goal the protection, conservation and restoration of the natural environment for the benefit of present and future generations. While the government has the primary responsibility for achieving this goal, the people should have means to ensure that it is achieved in an effective, timely, open and fair manner. Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

• [s1]

  PART I DEFINITIONS AND PURPOSES

• PART I DEFINITIONS AND PURPOSES
• 1Interpretation

  1 (1) In this Act, “air” means open air not enclosed in a building, structure, machine, chimney, stack or flue; (“air”) “Auditor General” means the Auditor General under the Auditor General Act; (“vérificateur général”) “environment” means the air, land, water, plant life, animal life and ecological systems of Ontario; (“environnement”) “Environment Minister” means the member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre de l’Environnement”) “greenhouse gas” means, (a) carbon dioxide, (b) methane, (c) nitrous oxide, (d) hydrofluorocarbons, (e) perfluorocarbons, (f) sulphur hexafluoride, or (g) any other contaminant prescribed as a greenhouse gas by regulations under this Act; (“gaz à effet de serre”) “harm” means any contamination or degradation and includes harm caused by the release of any solid, liquid, gas, odo…

• 1.
• 2Purposes of Act

  2 (1) The purposes of this Act are, (a) to protect, conserve and, where reasonable, restore the integrity of the environment by the means provided in this Act; (b) to provide sustainability of the environment by the means provided in this Act; and (c) to protect the right to a healthful environment by the means provided in this Act. 1993, c. 28, s. 2 (1). Same (2) The purposes set out in subsection (1) include the following: 1. The prevention, reduction and elimination of the use, generation and release of pollutants that are an unreasonable threat to the integrity of the environment. 2. The protection and conservation of biological, ecological and genetic diversity. 3. The protection and conservation of natural resources, including plant life, animal life and ecological systems. 4. The encouragement of the wise management of our natural resources, including plant life, animal life and e…

• 2.
• [s4]

  Part I.1 ENVIRONMENT Minister

• PART II PUBLIC PARTICIPATION IN GOVERNMENT DECISION-MAKING
• [s5]
• 2.1Environment Minister

  2.1 In addition to fulfilling the Environment Minister’s other duties under this Act, the Environment Minister shall, (a) at the request of a minister, assist a ministry in providing educational programs about this Act; (b) provide educational programs about this Act to the public; and (c) provide general information about this Act to members of the public who wish to participate in decision-making about a proposal as provided in this Act. 2018, c. 17, Sched. 15, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 2 - 01/04/2019

• [s6]

  PART II PUBLIC PARTICIPATION IN GOVERNMENT DECISION-MAKING

• 3.
• [s7]

  General

• 4.
• [s8]
• 3Purpose of Part II

  3 (1) This Part sets out minimum levels of public participation that must be met before the Government of Ontario makes decisions on certain kinds of environmentally significant proposals for policies, Acts, regulations and instruments. 1993, c. 28, s. 3 (1). Same (2) This Part shall not be interpreted to limit any rights of public participation otherwise available. 1993, c. 28, s. 3 (2).

• 4Application of Part II

  4 Provisions of this Part apply in relation to ministries as prescribed. 1993, c. 28, s. 4.

• 5.
• [s10]

  The Environmental Registry

• 6.
• [s11]
• 5Registry

  5 (1) An environmental registry shall be established as prescribed. 1993, c. 28, s. 5 (1). Cost of registry (2) The cost of establishing and operating the registry shall not be imposed on a municipality. 1993, c. 28, s. 5 (2); 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

• 6Purpose of registry

  6 (1) The purpose of the registry is to provide a means of giving information about the environment to the public. 1993, c. 28, s. 6 (1). Same (2) For the purposes of subsection (1), information about the environment includes, but is not limited to, information about, (a) proposals, decisions and events that could affect the environment; (b) actions brought under Part VI; and (c) things done under this Act. 1993, c. 28, s. 6 (2).

• 7.
• [s13]

  Ministry Statement of Environmental Values

• 8.
• 7Ministry statement of environmental values

  7 Within three months after the date on which this section begins to apply to a ministry, the minister shall prepare a draft ministry statement of environmental values that, (a) explains how the purposes of this Act are to be applied when decisions that might significantly affect the environment are made in the ministry; and (b) explains how consideration of the purposes of this Act should be integrated with other considerations, including social, economic and scientific considerations, that are part of decision-making in the ministry. 1993, c. 28, s. 7.

• 9.
• 10.
• 8Public participation in statement

  8 (1) After the draft ministry statement of environmental values is prepared and not later than three months after the day on which this section begins to apply to a ministry, the minister shall give notice to the public that he or she is developing the ministry statement of environmental values. 1993, c. 28, s. 8 (1). Means of giving notice (2) Notice under this section shall be given in the registry and by any other means the minister considers appropriate. 1993, c. 28, s. 8 (2). Contents of notice (3) Notice given under this section in the registry shall include the following: 1. The text of the draft statement prepared under section 7 or a synopsis of the draft. 2. A statement of how members of the public can obtain copies of the draft statement. 3. A statement of when the minister expects to finalize the statement. 4. An invitation to members of the public to submit written comments…

• 11.
• 9Notice of final statement

  9 (1) Within nine months after the day on which this section begins to apply to a ministry, the minister shall finalize the ministry statement of environmental values and give notice of it to the public. 1993, c. 28, s. 9 (1). Means of giving notice (2) Notice under this section shall be given in the registry and by any other means the minister considers appropriate. 1993, c. 28, s. 9 (2). Contents of notice (3) The notice shall include a brief explanation of the effect, if any, of comments from members of the public on the development of the statement and any other information that the minister considers appropriate. 1993, c. 28, s. 9 (3).

• [s17]
• 10Amending the statement

  10 (1) The minister may amend the ministry statement of environmental values from time to time. 1993, c. 28, s. 10 (1). Same (2) Sections 7 to 9 apply with necessary modifications to amendments of the statement. 1993, c. 28, s. 10 (2).

• 11Effect of statement

  11 The minister shall take every reasonable step to ensure that the ministry statement of environmental values is considered whenever decisions that might significantly affect the environment are made in the ministry. 1993, c. 28, s. 11.

• 12.
• [s19]

  Proposals – General

• 13.
• 12Interpretation: more than one ministry considering proposal

  12 For the purposes of sections 15, 16 and 22, where a proposal is under consideration in more than one ministry, “ministry” means the ministry with primary responsibility for the proposal and “minister” has a corresponding meaning. 1993, c. 28, s. 12.

• 14.
• [s21]
• 13Fundamental changes in a proposal

  13 For the purposes of sections 15, 16 and 22, the question of whether a proposal has been so fundamentally altered as to become a new proposal is in the sole discretion of the minister. 1993, c. 28, s. 13.

• 14Factors in determining effect of proposal on environment

  14 In determining, under section 15 or 16, whether a proposal for a policy, Act or regulation could, if implemented, have a significant effect on the environment, a minister shall consider the following factors: 1. The extent and nature of the measures that might be required to mitigate or prevent any harm to the environment that could result from a decision whether or not to implement the proposal. 2. The geographic extent, whether local, regional or provincial, of any harm to the environment that could result from a decision whether or not to implement the proposal. 3. The nature of the private and public interests, including governmental interests, involved in the decision whether or not to implement the proposal. 4. Any other matter that the minister considers relevant. 1993, c. 28, s. 14.

• 15.
• [s23]

  Proposals for Policies, Acts and Regulations

• 16.
• 15Proposals for policies and Acts

  15 (1) If a minister considers that a proposal under consideration in his or her ministry for a policy or Act could, if implemented, have a significant effect on the environment, and the minister considers that the public should have an opportunity to comment on the proposal before implementation, the minister shall do everything in his or her power to give notice of the proposal to the public at least thirty days before the proposal is implemented. 1993, c. 28, s. 15 (1). Exception (2) Subsection (1) does not apply to a policy or Act that is predominantly financial or administrative in nature. 1993, c. 28, s. 15 (2).

• 17.
• 16Proposals for regulations

  16 (1) If a minister considers that a proposal under consideration in his or her ministry for a regulation under a prescribed Act could, if implemented, have a significant effect on the environment, the minister shall do everything in his or her power to give notice of the proposal to the public at least thirty days before the proposal is implemented. 1993, c. 28, s. 16 (1). Exception (2) Subsection (1) does not apply to a regulation that is predominantly financial or administrative in nature. 1993, c. 28, s. 16 (2).

• 18.
• [s26]
• 17Additional time for public comment on proposals for policies, Acts, regulations

  17 (1) The minister shall consider allowing more than thirty days between giving notice of a proposal under section 15 or 16 and implementation of the proposal in order to permit more informed public consultation on the proposal. 1993, c. 28, s. 17 (1). Same (2) In considering how much time ought to be allowed under subsection (1), the minister shall consider the factors set out in subsection 8 (6). 1993, c. 28, s. 17 (2).

• 18How to give notice under s. 15 or 16

  18 Notice under section 15 or 16 shall be given in accordance with section 27. 1993, c. 28, s. 18.

• 19.
• [s28]

  Classifying Proposals for Instruments

• 20.
• 19Minister to develop regulation to classify instrument proposals

  19 Within a reasonable time after this section begins to apply to a ministry, the minister for the ministry shall prepare a proposal for a regulation to classify proposals for instruments as Class I, II or III proposals for the purposes of this Act and the regulations under it. 1993, c. 28, s. 19.

• 21.
• [s30]
• 20Classification process

  20 (1) In this section, “implementation decision” means a decision whether or not to implement a proposal for an instrument. 1993, c. 28, s. 20 (1). Steps to develop regulation to classify instrument proposals (2) In developing a proposal under section 19 for a regulation to classify proposals for instruments as Class I, II or III proposals, the minister shall take the following steps: 1. Review all Acts prescribed for the purposes of section 16 and administered by the minister for the ministry and list all provisions of those Acts that permit implementation decisions to be made. 2. Exclude from the list compiled in step 1 all provisions that permit implementation decisions to be made on review of or appeal from an earlier implementation decision made under an Act. 3. Consider each provision remaining on the list after step 2 to identify the provisions under which an implementation decis…

• 21Amending regulations to classify instrument proposals

  21 (1) A minister shall from time to time review the regulations that classify proposals for instruments as Class I, II or III proposals and that relate to Acts administered by the minister for the ministry and shall prepare proposals to amend the regulations as the minister considers advisable. 1993, c. 28, s. 21 (1). Same (2) Section 20 applies with necessary modifications to proposals prepared under this section. 1993, c. 28, s. 21 (2).

• 22.
• [s32]

  Proposals for Instruments

• 23.
• 22Public notice of proposals for instruments

  22 (1) The minister shall do everything in his or her power to give notice to the public of a Class I, II or III proposal for an instrument under consideration in his or her ministry at least thirty days before a decision is made whether or not to implement the proposal. 1993, c. 28, s. 22 (1). Interpretation (2) For the purposes of subsection (1), a proposal for an instrument is under consideration in a ministry if, (a) it is possible that a decision whether or not to implement the proposal will be made under an Act by the minister for the ministry or by a person employed in the ministry; or (b) it is possible that a decision whether or not to implement the proposal will be made under an Act administered by the minister for the ministry. 1993, c. 28, s. 22 (2). Exception (3) Despite subsection (1), the minister need not give notice of a proposal to amend or revoke an instrument if the m…

• 24.
• 23Additional time for public comment on Class II proposals

  23 (1) A minister required to give notice under section 22 of a Class II proposal for an instrument shall consider allowing more than thirty days between giving the notice and the decision whether or not to implement the proposal in order to permit more informed public consultation on the proposal. 1993, c. 28, s. 23 (1). Same (2) In considering how much time ought to be allowed under subsection (1), the minister shall consider the factors set out in subsection 8 (6). 1993, c. 28, s. 23 (2).

• 25.
• 24Enhanced public participation for Class II proposals

  24 (1) A minister required to give notice under section 22 of a Class II proposal for an instrument shall also consider enhancing the right of members of the public to participate in decision-making on the proposal by providing for one or more of the following: 1. Opportunities for oral representations by members of the public to the minister or a person or body designated by the minister. 2. Public meetings. 3. Mediation among persons with different views on issues arising out of the proposal. 4. Any other process that would facilitate more informed public participation in decision-making on the proposal. 1993, c. 28, s. 24 (1). Same (2) In exercising his or her discretion under subsection (1), the minister shall consider the factors set out in section 14. 1993, c. 28, s. 24 (2).

• 26.
• [s36]
• 25Additional notice of Class II proposals

  25 A minister required to give notice under section 22 of a Class II proposal for an instrument shall give additional public notice of the proposal in accordance with section 28. 1993, c. 28, s. 25. Reclassification of specific proposals

• 26Class I proposal to be treated as Class II proposal

  26 (1) A minister may treat a Class I proposal for an instrument under consideration in his or her ministry as if it were a Class II proposal if the minister considers that it is advisable to do so for the purpose of protecting the environment. 1993, c. 28, s. 26 (1). Class II proposal to be treated as Class III proposal (2) If a decision is taken under any Act to hold a hearing to decide whether or not to implement a Class II proposal for an instrument, the proposal shall, for the purposes of this Act, be deemed to be a Class III proposal. 1993, c. 28, s. 26 (2). Class III proposal to be treated as Class II proposal (3) If a decision is taken under any Act not to hold a hearing before deciding whether or not to implement a Class III proposal for an instrument, the proposal shall, for the purposes of this Act, be deemed to be a Class II proposal. 1993, c. 28, s. 26 (3).

• 27.
• [s38]

  How to Give Notice of Proposals Manner and form of notification

• 28.
• [s39]
• 27Means of giving notice of proposals

  27 (1) Notice of a proposal under section 15, 16 or 22 shall be given in the registry and by any other means the minister giving the notice considers appropriate. 1993, c. 28, s. 27 (1). Contents of notice of proposals (2) Notice of a proposal given under section 15, 16 or 22 in the registry shall include the following: 1. A brief description of the proposal. 2. A statement of the manner by which and time within which members of the public may participate in decision-making on the proposal. 3. A statement of where and when members of the public may review written information about the proposal. 4. An address to which members of the public may direct, i. written comments on the proposal, and ii. written questions about the rights of members of the public to participate in decision-making on the proposal. 5. Any information prescribed by the regulations under this Act. 6. Any other informa…

• 28Means of giving additional notice of Class II proposals

  28 (1) The additional notice of Class II proposals required by section 25 shall be given by such means as the minister considers appropriate, including at least one of the following means: 1. News release. 2. Notice through local, regional or provincial news media, such as television, radio, newspapers and magazines. 3. Door to door flyers. 4. Signs. 5. Mailings to members of the public. 6. Actual notice to community leaders and political representatives. 7. Actual notice to community organizations, including environmental organizations. 8. Notice on the registry in addition to the notice required by section 22. 9. Any other means of notice that would facilitate more informed public participation in decision-making on the proposal. 1993, c. 28, s. 28 (1). Same (2) In determining what means of giving notice are appropriate under subsection (1), the minister shall consider the factors set …

• 29.
• [s41]

  Proposals – Exceptions

• 30.
• 29Exception: emergencies

  29 (1) Sections 15, 16 and 22 do not apply where, in the minister’s opinion, the delay involved in giving notice to the public, in allowing time for public response to the notice or in considering the response to the notice would result in, (a) danger to the health or safety of any person; (b) harm or serious risk of harm to the environment; or (c) injury or damage or serious risk of injury or damage to any property. 1993, c. 28, s. 29 (1). Same (2) If a minister decides under subsection (1) not to give notice of a proposal under section 15, 16 or 22, the minister shall give notice of the decision to the public and to the Auditor General. 1993, c. 28, s. 29 (2); 2018, c. 17, Sched. 15, s. 3. Same (3) Notice under subsection (2) shall be given as soon as reasonably possible after the decision is made and shall include a brief statement of the minister’s reasons for the decision and any ot…

• 31.
• 30Exception: other processes

  30 (1) Sections 15, 16 and 22 do not apply where, in the minister’s opinion, the environmentally significant aspects of a proposal for a policy, Act, regulation or instrument, (a) have already been considered in a process of public participation, under this Act, under another Act or otherwise, that was substantially equivalent to the process required in relation to the proposal under this Act; or (b) are required to be considered in a process of public participation under another Act that is substantially equivalent to the process required in relation to the proposal under this Act. 1993, c. 28, s. 30 (1). Same (2) If a minister decides under subsection (1) not to give notice of a proposal under section 15, 16 or 22, the minister shall give notice of the decision to the public and to the Auditor General. 1993, c. 28, s. 30 (2); 2018, c. 17, Sched. 15, s. 4. Same (3) Notice under subsecti…

• 32.
• 31Means of giving notice, ss. 29 and 30

  31 Notice to the public under section 29 or 30 shall be given in the registry and by any other means the minister considers appropriate. 1993, c. 28, s. 31.

• 33.
• [s45]
• 32Exception: instruments in accordance with statutory decisions

  32 (1) Section 22 does not apply to a proposal to issue, amend or revoke an instrument where, in the minister’s opinion, the issuance, amendment or revocation of the instrument would be a step towards implementing an undertaking or a project that, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 32 (1) of the Act is amended by striking out “an undertaking or” in the portion before clause (a) (See: 2020. c. 18, Sched. 6, s. 51 (3)) (a) has been approved by a decision made by a tribunal under an Act after affording an opportunity for public participation; (b) has been approved to proceed by a decision made under the Environmental Assessment Act; or (c) has satisfied the prescribed requirements for commencing the Part II.4 project under Part II.4 of the Environmental Assessment Act. 2020. c. 18, Sched. 6, s. 51 (2). Same (2) Section 22 does not apply to a pr…

• 32 #46Exception: instruments in accordance with statutory decisions
• 33Exception: budget proposals

  33 (1) A minister need not give notice under section 15, 16 or 22 of a proposal that would, if implemented, form part of or give effect to a budget or economic statement presented to the Assembly. 1993, c. 28, s. 33 (1). Same (2) A minister need not give notice under section 15, 16 or 22 of a proposal that would, if implemented, change, (a) a policy that forms part of a budget or economic statement presented to the Assembly; or (b) a bill, Act, regulation or instrument that gives effect to a budget or economic statement presented to the Assembly. 1993, c. 28, s. 33 (2).

• 34.
• [s47]
• 33.1Repealed

  33.1 Repealed: 2023, c. 25, Sched. 2, s. 23 (2). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 51 (7) - 21/07/2020; 2020, c. 18, Sched. 6, s. 51 (8) - 20/08/2020 2023, c. 25, Sched. 2, s. 23 (1) - 06/12/2023; 2023, c. 25, Sched. 2, s. 23 (2) - 05/01/2024

• 35.
• [s48]

  Ministerial Role after Giving Notice of a Proposal

• 36.
• [s49]
• 34Appointment of mediator

  34 (1) A minister may appoint a mediator to assist in the resolution of issues related to a proposal for an instrument of which notice has been given under section 22. 1993, c. 28, s. 34 (1). Same (2) A minister shall not make an appointment under subsection (1) without the consent of the person applying for the instrument or the person who would be subject to the instrument, as the case may be. 1993, c. 28, s. 34 (2).

• 37.
• [s50]
• 35Minister to consider comments

  35 (1) A minister who gives notice of a proposal under section 15, 16 or 22 shall take every reasonable step to ensure that all comments relevant to the proposal that are received as part of the public participation process described in the notice of the proposal are considered when decisions about the proposal are made in the ministry. 1993, c. 28, s. 35 (1). Same (2) For the purposes of subsection (1), a comment on the legislative or regulatory framework within which the decision whether or not to implement a proposal for an instrument is to be made is not a comment relevant to the proposal for the instrument. 1993, c. 28, s. 35 (2). Implementation notice

• 36Proposals for policies, Acts, regulations

  36 (1) As soon as reasonably possible after a proposal for a policy, Act or regulation in respect of which notice was given under section 15 or 16 is implemented, the minister shall give notice to the public of the implementation. 1993, c. 28, s. 36 (1). Proposals for instruments (2) As soon as reasonably possible after a decision is made whether or not to implement a proposal for an instrument in respect of which notice was given under section 22, the minister shall give notice to the public of the decision. 1993, c. 28, s. 36 (2). Means of giving notice (3) Notice under this section shall be given in the registry and by any other means the minister considers appropriate. 1993, c. 28, s. 36 (3). Contents of notice (4) The notice shall include a brief explanation of the effect, if any, of public participation on decision-making on the proposal and any other information that the minister …

• 38.
• [s52]
• 37Effect of failure to comply with Part II

  37 Failure to comply with a provision of this Part does not affect the validity of any policy, Act, regulation or instrument, except as provided in section 118. 1993, c. 28, s. 37.

• 39.
• [s53]

  Appeals of Decisions on Class I and Class II Instrument Proposals

• 40.
• [s54]
• 38Right to seek leave to appeal a decision on an instrument

  38 (1) Any person resident in Ontario may seek leave to appeal from a decision whether or not to implement a proposal for a Class I or II instrument of which notice is required to be given under section 22, if the following two conditions are met: 1. The person seeking leave to appeal has an interest in the decision. 2. Another person has a right under another Act to appeal from a decision whether or not to implement the proposal. 1993, c. 28, s. 38 (1). Same (2) For greater certainty, subsection (1) does not permit any person to seek leave to appeal from a decision about a proposal to which section 22 does not apply because of the application of section 29, 30, 32 or 33. 1993, c. 28, s. 38 (2). Same (3) For the purposes of subsection (1), the fact that a person has exercised a right given by this Act to comment on a proposal is evidence that the person has an interest in the decision on…

• 41.
• 39Appellate body

  39 (1) Subject to the regulations under this Act, the application for leave to appeal and the appeal shall be heard by the appellate body that would hear an appeal relating to the same proposal and of a similar nature brought by a person referred to in paragraph 2 of subsection 38 (1). 1993, c. 28, s. 39 (1). Same (2) For example, an appeal on a question of law from a decision to issue an instrument relates to the same proposal as and is of a similar nature to an appeal on a question of law from a decision not to issue the instrument. 1993, c. 28, s. 39 (2).

• 42.
• 40Time for appeal

  40 An application for leave to appeal under subsection 38 (1) shall not be made later than the earlier of, (a) fifteen days after the day on which the minister gives notice under section 36 of a decision on the proposal; and (b) fifteen days after the day on which notice relating to the proposal is given under section 47. 1993, c. 28, s. 40.

• 43.
• 41Leave test

  41 Leave to appeal a decision shall not be granted unless it appears to the appellate body that, (a) there is good reason to believe that no reasonable person, having regard to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision; and (b) the decision in respect of which an appeal is sought could result in significant harm to the environment. 1993, c. 28, s. 41.

• 44.
• 42Automatic stay if leave granted

  42 (1) The granting of leave under section 41 to appeal a decision stays the operation of the decision until the disposition of the appeal, unless the appellate body that granted the leave orders otherwise. 1993, c. 28, s. 42 (1). Same (2) Subsection (1) applies despite any provision in or under any other Act. 1993, c. 28, s. 42 (2).

• 45.
• 43No appeal from leave decision

  43 There is no appeal from a decision whether or not to grant an application for leave to appeal. 1993, c. 28, s. 43.

• 46.
• 44Grounds for appeal decision

  44 The appellate body shall make its determination in an appeal under this Part on grounds similar to those that would apply to an appeal relating to the same proposal and of a similar nature brought by a person referred to in paragraph 2 of subsection 38 (1). 1993, c. 28, s. 44.

• 47.
• 45Powers on appeal

  45 The appellate body has similar powers on an appeal under this Part to those the appellate body would have on an appeal relating to the same proposal and of a similar nature brought by a person referred to in paragraph 2 of subsection 38 (1). 1993, c. 28, s. 45.

• 48.
• [s62]
• 46Procedure

  46 The appellate body hearing an application for leave to appeal or an appeal under this Part may follow procedures similar to those the appellate body would follow on an appeal relating to the same proposal and of a similar nature brought by a person referred to in paragraph 2 of subsection 38 (1), or may vary those procedures as appropriate. 1993, c. 28, s. 46.

• PART III THE ENVIRONMENTAL COMMISSIONER
• 47Public notice of appeals under other Acts

  47 (1) A person who exercises a right under another Act to appeal from or to seek leave to appeal from a decision whether or not to implement a proposal for a Class I or II instrument of which notice is required to be given under section 22 shall give notice to the public in the registry of the appeal or application for leave to appeal. 1993, c. 28, s. 47 (1). Same (2) For greater certainty, subsection (1) does not require any person to give notice to the public of an application or appeal respecting a proposal to which section 22 does not apply because of the application of section 29, 30, 32 or 33. 1993, c. 28, s. 47 (2). Placing on registry (3) The notice required by subsection (1) shall be given by delivering it to the Environment Minister who shall promptly place it on the registry. 2018, c. 17, Sched. 15, s. 5. Same (4) Delivery of the notice to the Environment Minister shall be ma…

• 49.
• [s64]
• 48Existing rights of appeal not affected

  48 Nothing in this Part shall be interpreted to limit a right of appeal otherwise available. 1993, c. 28, s. 48.

• 50.
• [s65]

  Part III COMMISSIONER of the ENVIRONMENT, RepOrts, etc.

• 51.
• [s66]
• 49Auditor General

  49 (1) The Auditor General may exercise the powers and shall perform the duties and functions assigned to him or her under this Act. 2018, c. 17, Sched. 15, s. 6. Same (2) Every power possessed by the Auditor General in carrying out his or her functions and responsibilities under the Auditor General Act, and every duty to comply with the exercise of such a power, is also a power and duty under this Act, subject to any necessary modification. 2018, c. 17, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 6 - 01/04/2019

• 52.
• 50Commissioner of the Environment

  50 (1) The Auditor General shall appoint a Commissioner of the Environment who shall be an employee of the Office of the Auditor General. 2018, c. 17, Sched. 15, s. 6. Duties (2) The Commissioner of the Environment shall exercise the powers and perform the duties delegated to the Commissioner by the Auditor General under this Act. 2018, c. 17, Sched. 15, s. 6. Absence (3) If the Commissioner of the Environment is absent or unable to fulfil his or her duties, the Auditor General may designate in writing an employee of the Office of the Auditor General to fulfil those duties. 2018, c. 17, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 1999, c. 5, s. 2 - 28/10/1999 2018, c. 17, Sched. 15, s. 6 - 01/04/2019

• 53.
• 51Reports

  51 (1) The Auditor General shall report annually to the Speaker of the Assembly with regard to the operation of this Act, and the Speaker shall lay the report before the Assembly as soon as reasonably possible. 2018, c. 17, Sched. 15, s. 6. Same (2) The annual report may include, (a) a review of progress on activities to promote energy conservation; (b) a review of progress on activities to reduce greenhouse gas emissions; and (c) any matters that the Auditor General considers appropriate. 2018, c. 17, Sched. 15, s. 6. Same (3) The annual report may, in the Auditor General’s discretion, be included in the Auditor General’s annual report prepared under section 12 of the Auditor General Act. 2018, c. 17, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 6 - 01/04/2019

• 54.
• 52Employees continued

  52 (1) The employees who work in the office of the Environmental Commissioner immediately before the day section 6 of Schedule 15 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force and who are offered and accept employment with the Office of the Auditor General shall continue to be employed on such terms as may be determined under section 20 of the Auditor General Act. 2018, c. 17, Sched. 15, s. 6. Same (2) The employment of the employees described in subsection (1) is not terminated or severed, including for the purposes of the Employment Standards Act, 2000, and the employment of the employees immediately before and after the day section 6 of Schedule 15 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force is continuous for the purposes of calculating an employee’s length or period of employment. 2018, c. 17, Sched. 15, s. 6…

• 54. #69
• 55.
• 53Transfers

  53 (1) Subject to subsection (2), the rights, obligations, assets and liabilities relating to the office of the Environmental Commissioner, as they exist immediately before the day section 6 of Schedule 15 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force, become rights, obligations, assets and liabilities relating to the Office of the Auditor General on that day. 2018, c. 17, Sched. 15, s. 6. Exception (2) Subsection (1) does not apply in respect of the rights, obligations, assets or liabilities relating to the employees who work in the office of the Environmental Commissioner immediately before the day section 6 of Schedule 15 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force. 2018, c. 17, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 6 - 01/04/2019

• 56.
• 54Non-application of successor rights and sale of business rules

  54 Any rules respecting successor rights or the sale of a business set out in the Crown Employees Collective Bargaining Act, 1993, including but not limited to section 10 of that Act, and the Labour Relations Act, 1995, including but not limited to section 69 of that Act, do not apply with respect to the transfer described in subsection 53 (1). 2018, c. 17, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 35 (1) - 20/08/2007 2018, c. 17, Sched. 15, s. 6 - 01/04/2019

• 57.
• 55Protection from liability

  55 (1) No cause of action arises, no proceeding may be brought and no remedy is available or damages, costs or compensation payable in connection with any amendment made by Schedule 15 to the Restoring Trust, Transparency and Accountability Act, 2018 to this Act or anything done or not done in accordance with those amendments. 2018, c. 17, Sched. 15, s. 6. Same (2) Subsection (1) applies whether the cause of action on which a proceeding is based arose before or after the day that subsection comes into force. 2018, c. 17, Sched. 15, s. 6. Proceedings set aside (3) Any proceeding referred to in subsection (1) commenced before the day that subsection comes into force is deemed to have been dismissed, without costs, on that day. 2018, c. 17, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 6 - 01/04/2019

• 58.
• 56Repealed

  56 Repealed: 2018, c. 17, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32 - 30/11/2004 2018, c. 17, Sched. 15, s. 6 - 01/04/2019

• 57Functions
• 59.
• 57, 58

  57, 58 Repealed: 2018, c. 17, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 6 - 01/04/2019

• 58Reports
• 58.2
• 60.
• 58.1Repealed

  58.1 Repealed: 2018, c. 17, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. F, s. 1 - 09/09/2009 2014, c. 7, Sched. 8, s. 1 - 01/01/2015 2018, c. 17, Sched. 15, s. 6 - 01/04/2019

• 58.3
• PART IV APPLICATION FOR REVIEW
• 58.2, 58.3

  58.2, 58.3 Repealed: 2018, c. 17, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. F, s. 1 - 09/09/2009 2018, c. 17, Sched. 15, s. 6 - 01/04/2019

• 61.
• 59Repealed

  59 Repealed: 2018, c. 17, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 6 - 01/04/2019

• 62.
• [s78]
• 60Repealed

  60 Repealed: 2018, c. 17, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 57 - 01/06/2011 2018, c. 17, Sched. 15, s. 6 - 01/04/2019

• 63.
• [s79]

  PART IV APPLICATION FOR REVIEW

• 64.
• [s80]
• 61Application for review

  61 (1) Any two persons resident in Ontario who believe that an existing policy, Act, regulation or instrument of Ontario should be amended, repealed or revoked in order to protect the environment may apply to the appropriate minister for a review of the policy, Act, regulation or instrument. 2018, c. 17, Sched. 15, s. 7. Same (2) Any two persons resident in Ontario who believe that a new policy, Act or regulation of Ontario should be made or passed in order to protect the environment may apply to the appropriate minister for a review of the need for the new policy, Act or regulation. 2018, c. 17, Sched. 15, s. 7. Same (3) An application under subsection (1) or (2) shall be in the form provided for the purpose by the Environment Minister and shall include, (a) the names and addresses of the applicants; (b) an explanation of why the applicants believe that the review applied for should be …

• 65.
• 49 #81Auditor General
• 62Where ministry not prescribed

  62 (1) Where an application for review is made to a minister for a ministry not prescribed for the purposes of this Part, the responsible minister shall, within 10 days of receiving the application, give notice to the applicants in accordance with subsection (2). 2018, c. 17, Sched. 15, s. 7. Notice (2) A notice under subsection (1) shall, (a) name the ministry or ministries to which the application has been made; (b) identify any ministry named under clause (a) that is not prescribed for the purposes of this Part; and (c) explain that the obligations set out in sections 65 to 72 apply only in relation to ministries prescribed for the purposes of this Part. 2018, c. 17, Sched. 15, s. 7. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 7 - 01/04/2019

• 66.
• 50 #82Commissioner of the Environment
• 63Ministerial review, ss. 65 to 72

  63 (1) Subject to subsection (2) and section 64, the obligations set out in sections 65 to 72 apply where a minister receives an application for review for consideration in a ministry that is prescribed for the purposes of this Part. 2018, c. 17, Sched. 15, s. 7. Same (2) The obligations in sections 65 to 72 do not apply in relation to an application for, (a) a review of an existing Act, regulation or instrument other than a prescribed Act, regulation or instrument; (b) a review of the need for a new exemption under the Environmental Assessment Act. 2018, c. 17, Sched. 15, s. 7. Same (3) A minister who determines under subsection (2) that sections 65 to 72 do not apply in relation to an application for review shall give notice of the determination to the applicants. 2018, c. 17, Sched. 15, s. 7. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 7 - 01/04/2019

• 67.
• 51 #83Reports
• 64Forwarding applications to more appropriate ministries

  64 (1) A minister who has received an application for review in his or her ministry, and who believes that his or her ministry is not an appropriate ministry to review matters raised in the application, may forward the application to another minister if appropriate to be dealt with under this Part. 2018, c. 17, Sched. 15, s. 7. Same (2) A minister who has forwarded an application in accordance with subsection (1) has no obligations in relation to the application under sections 65 to 72. 2018, c. 17, Sched. 15, s. 7. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 7 - 01/04/2019

• 68.
• 52 #84Employees continued
• 65Acknowledgment of receipt

  65 A minister who receives an application for review shall acknowledge receipt to the applicants within 20 days of receiving the application. 2018, c. 17, Sched. 15, s. 7. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 7 - 01/04/2019

• 69.
• 53 #85Transfers
• 66Notice to persons with direct interest

  66 (1) A minister who receives an application for review in respect of an instrument shall also give notice that the application has been made to any person who the minister considers ought to get the notice because the person might have a direct interest in matters raised in the application. 2018, c. 17, Sched. 15, s. 7. Same (2) A notice under subsection (1) shall include a description of the application for review. 2018, c. 17, Sched. 15, s. 7. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 7 - 01/04/2019

• 70.
• 54 #86Non-application of successor rights and sale of business rules
• 67Preliminary consideration

  67 (1) The minister shall consider each application for review in a preliminary way to determine whether the public interest warrants a review in his or her ministry of matters raised in the application. 1993, c. 28, s. 67 (1). Same (2) In determining whether the public interest warrants a review, the minister may consider, (a) the ministry statement of environmental values; (b) the potential for harm to the environment if the review applied for is not undertaken; (c) the fact that matters sought to be reviewed are otherwise subject to periodic review; (d) any social, economic, scientific or other evidence that the minister considers relevant; (e) any submission from a person who received a notice under section 66; (f) the resources required to conduct the review; and (g) any other matter that the minister considers relevant. 1993, c. 28, s. 67 (2). Same (3) In addition, in determining w…

• 71.
• 55 #87Protection from liability
• 68Review of recent decisions

  68 (1) For the purposes of subsection 67 (1), a minister shall not determine that the public interest warrants a review of a decision made during the five years preceding the date of the application for review if the decision was made in a manner that the minister considers consistent with the intent and purpose of Part II. 1993, c. 28, s. 68 (1). Exception (2) Subsection (1) does not apply where it appears to the minister that, (a) there is social, economic, scientific or other evidence that failure to review the decision could result in significant harm to the environment; and (b) the evidence was not taken into account when the decision sought to be reviewed was made. 1993, c. 28, s. 68 (2).

• 72.
• [s88]
• 69Duty to review

  69 (1) A minister who determines that the public interest warrants a review under section 67 shall conduct the review within a reasonable time. 1993, c. 28, s. 69 (1). Priorities for reviews (2) A minister may develop plans and set priorities for the reviews required to be conducted under this Part in his or her ministry. 1993, c. 28, s. 69 (2).

• 73.