Français

Environmental Bill of Rights, 1993

S.O. 1993, CHAPTER 28

Consolidation Period: From August 20, 2007 to the e-Laws currency date.

Last amendment: 2006, c. 35, Sched. C, s. 35.

SKIP TABLE OF CONTENTS

CONTENTS

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:

PART I
DEFINITIONS AND PURPOSES

Interpretation

1.  (1)  In this Act,

“air” means open air not enclosed in a building, structure, machine, chimney, stack or flue; (“air”)

“environment” means the air, land, water, plant life, animal life and ecological systems of Ontario; (“environnement”)

“harm” means any contamination or degradation and includes harm caused by the release of any solid, liquid, gas, odour, heat, sound, vibration or radiation; (“atteinte”)

“instrument”, except as otherwise provided under clause 121 (1) (c), means any document of legal effect issued under an Act and includes a permit, licence, approval, authorization, direction or order issued under an Act, but does not include a regulation; (“acte”)

“land” means surface land not enclosed in a building, land covered by water (which, for greater certainty, includes wetland) and all subsoil; (“terre”)

“policy” means a program, plan or objective and includes guidelines or criteria to be used in making decisions about the issuance, amendment or revocation of instruments but does not include an Act, a regulation or an instrument; (“politique”)

“prescribed” means prescribed by the regulations under this Act; (“prescrit”)

“registry” means the environmental registry established under section 5; (“registre”)

“regulation”, except as otherwise provided under clause 121 (1) (c), has the same meaning as in Part III (Regulations) of the Legislation Act, 2006; (“règlement”)

“water” means surface water and ground water. (“eau”) 1993, c. 28, s. 1 (1); 2006, c. 21, Sched. F, s. 136 (1).

Proposals for policies, Acts

(2)  For the purposes of this Act, a proposal to make, pass, amend, revoke or repeal a policy or Act is a proposal for a policy or Act. 1993, c. 28, s. 1 (2).

Proposals for regulations

(3)  For the purposes of this Act, a proposal to make, amend or revoke a regulation is a proposal for a regulation. 1993, c. 28, s. 1 (3).

Proposals for instruments

(4)  For the purposes of this Act, a proposal to issue, amend or revoke an instrument is a proposal for an instrument. 1993, c. 28, s. 1 (4).

Classification of proposals for instruments

(5)  For the purposes of this Act, a proposal for an instrument is a Class I, II or III proposal if it is classified as a Class I, II or III proposal, as the case may be, by the regulations under this Act. 1993, c. 28, s. 1 (5).

Interpretation: implementation of proposals

(6)  For the purposes of this Act,

(a) a proposal for a policy is implemented when the person or body with authority to implement the proposal does so;

(b) a proposal for an Act is implemented when the bill that would implement the proposal receives third reading in the Legislative Assembly; and

(c) a proposal for a regulation is implemented when the regulation that would implement the proposal is filed with the Registrar of Regulations in accordance with Part III (Regulations) of the Legislation Act, 2006 or, if that Part does not apply, when the regulation comes into force. 1993, c. 28, s. 1 (6); 1996, c. 27, s. 22; 2006, c. 21, Sched. F, s. 109.

Same

(7)  For the purposes of this Act, a decision whether or not to implement a proposal for an instrument is made when the person or body with statutory authority to issue, amend or revoke the instrument does so. 1993, c. 28, s. 1 (7).

Purposes 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 ecological systems.

5. The identification, protection and conservation of ecologically sensitive areas or processes. 1993, c. 28, s. 2 (2).

Same

(3)  In order to fulfil the purposes set out in subsections (1) and (2), this Act provides,

(a) means by which residents of Ontario may participate in the making of environmentally significant decisions by the Government of Ontario;

(b) increased accountability of the Government of Ontario for its environmental decision-making;

(c) increased access to the courts by residents of Ontario for the protection of the environment; and

(d) enhanced protection for employees who take action in respect of environmental harm. 1993, c. 28, s. 2 (3).

PART II
PUBLIC PARTICIPATION IN GOVERNMENT DECISION-MAKING

General

Purpose 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).

Application of Part II

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

The Environmental Registry

Registry

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.

Purpose 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).

Ministry Statement of Environmental Values

Ministry 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.

Public 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 on the draft statement within a time specified in the notice.

5. A description of any additional rights of participation in the development of the statement that the minister considers appropriate.

6. An address to which members of the public may direct,

i. written comments on the draft statement,

ii. written questions about the draft statement, and

iii. written questions about the rights of members of the public to participate in developing the statement.

7. Any information prescribed by the regulations under this Act.

8. Any other information that the minister considers appropriate. 1993, c. 28, s. 8 (3).

Time for public comment

(4)  The minister shall not finalize the ministry statement of environmental values until at least thirty days after giving the notice under this section. 1993, c. 28, s. 8 (4).

Same

(5)  The minister shall consider allowing more than thirty days between giving the notice under this section and finalizing the statement in order to permit more informed public consultation on the statement. 1993, c. 28, s. 8 (5).

Same

(6)  In considering how much time ought to be allowed under subsection (5), the minister shall consider the following factors:

1. The complexity of the matters on which comments are invited.

2. The level of public interest in the matters on which comments are invited.

3. The period of time the public may require to make informed comment.

4. Any private or public interest, including any governmental interest, in resolving the matters on which comments are invited in a timely manner.

5. Any other factor that the minister considers relevant. 1993, c. 28, s. 8 (6).

Notice 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).

Amending 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).

Effect 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.

Proposals – General

Interpretation: 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.

Fundamental 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.

Factors 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.

Proposals for Policies, Acts and Regulations

Proposals 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).

Proposals 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).

Additional 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).

How 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.

Classifying Proposals for Instruments

Minister 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.

Classification 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 decision could be made that could have a significant effect on the environment.

4. Consider each provision identified in step 3 and identify and describe each type of proposal for an instrument about which an implementation decision could be made under the provision that the minister considers should be classified as a Class I, II or III type of proposal because of the potential for implementation decisions about proposals of that type to have a significant effect on the environment.

5. In determining whether a decision could have a significant effect on the environment for the purposes of steps 3 and 4, consider,

i. the extent and nature of the measures that might be required to mitigate or prevent any harm to the environment that could result from the decision,

ii. the geographic extent, whether local, regional or provincial, of any harm to the environment that could result from the decision,

iii. the nature of the private and public interests, including governmental interests, involved in the decision, and

iv. any other matter that the minister considers relevant.

6. Classify each type of proposal for an instrument identified in step 4 as a Class I, II or III type of proposal, in accordance with steps 7 to 10.

7. Classify a type of proposal as a Class II type of proposal if the minister considers that the public notice and public participation requirements of sections 23 to 25 ought to apply to it because of the level of risk and extent of potential harm to the environment involved.

8. Classify a type of proposal as a Class II type of proposal if an Act provides for the exercise of discretion on whether a hearing should be held before an implementation decision is made on a proposal of the type, but does not require the hearing to be held if the discretion is not exercised.

9. Classify a type of proposal as a Class III type of proposal if an Act requires hearings to be held to determine whether or not proposals of the type should be implemented, even if the Act provides for the exercise of discretion not to hold a hearing.

10. Classify a type of proposal for an instrument as a Class I type of proposal if it has not been classified as a Class II or III type of proposal in steps 7 to 9.

11. Prepare a proposal for a regulation that would classify proposals of each type identified in step 4 as Class I, II or III proposals in accordance with steps 7 to 10. 1993, c. 28, s. 20 (2).

Amending 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).

Proposals for Instruments

Public 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 minister considers that the potential effect of the amendment or revocation on the environment is insignificant. 1993, c. 28, s. 22 (3).

How to give notice

(4)  Notice under this section shall be given in accordance with section 27. 1993, c. 28, s. 22 (4).

Additional 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).

Enhanced 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).

Additional 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

Class 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).

How to Give Notice of Proposals

Manner and form of notification

Means 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 information that the minister giving the notice considers appropriate. 1993, c. 28, s. 27 (2).

Rights of participation

(3)  A statement under paragraph 2 of subsection (2) shall include a description of the following rights of public participation in decision-making on the proposal:

1. The right to submit written comments in the manner and within the time specified in the notice.

2. Any additional rights of public participation provided under section 24.

3. Any additional rights of public participation prescribed by the regulations under this Act.

4. Any additional rights of public participation that the minister giving the notice considers appropriate. 1993, c. 28, s. 27 (3).

Regulatory impact statement

(4)  The minister shall include a regulatory impact statement in a notice of a proposal given under section 16 in the registry if the minister considers that it is necessary to do so in order to permit more informed public consultation on the proposal. 1993, c. 28, s. 27 (4).

Same

(5)  A regulatory impact statement shall include the following:

1. A brief statement of the objectives of the proposal.

2. A preliminary assessment of the environmental, social and economic consequences of implementing the proposal.

3. An explanation of why the environmental objectives, if any, of the proposal would be appropriately achieved by making, amending or revoking a regulation. 1993, c. 28, s. 27 (5).

Means 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 out in section 14. 1993, c. 28, s. 28 (2).

Proposals – Exceptions

Exception: 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 Environmental Commissioner. 1993, c. 28, s. 29 (2).

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 other information about the decision that the minister considers appropriate. 1993, c. 28, s. 29 (3).

Exception: 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 Environmental Commissioner. 1993, c. 28, s. 30 (2).

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 other information about the decision that the minister considers appropriate. 1993, c. 28, s. 30 (3).

Means 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.

Exception: instruments in accordance with statutory decisions

32.  (1)  Section 22 does not apply where, in the minister’s opinion, the issuance, amendment or revocation of an instrument would be a step towards implementing an undertaking or other project approved by,

(a) a decision made by a tribunal under an Act after affording an opportunity for public participation; or

(b) a decision made under the Environmental Assessment Act. 1993, c. 28, s. 32 (1).

Same

(2)  Section 22 does not apply where, in the minister’s opinion, the issuance, amendment or revocation of an instrument would be a step towards implementing an undertaking that has been exempted by a regulation under the Environmental Assessment Act. 1993, c. 28, s. 32 (2).

Same

(3)  A decision about a class of undertaking is a decision within the meaning of subsection (1) and an exemption for a class of undertaking is an exemption within the meaning of subsection (2). 1993, c. 28, s. 32 (3).

Exception: 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).

Ministerial Role after Giving Notice of a Proposal

Appointment 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).

Minister 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

Proposals 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 considers appropriate. 1993, c. 28, s. 36 (4).

Effect 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.

Appeals of Decisions on Class I and Class II Instrument Proposals

Right 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 the proposal. 1993, c. 28, s. 38 (3).

Further rights of appeal

(4)  Any person who, by virtue of this Part, is a party to an appeal about a proposal has rights of appeal from an appellate decision about the proposal equivalent to those of any other party to the appeal. 1993, c. 28, s. 38 (4).

Same

(5)  For the purposes of subsection (4), an appellate decision about a proposal is not limited to a decision whether or not to implement the proposal but includes, for example, the following kinds of decisions:

1. An order to an earlier decision-maker to make a new decision about the proposal.

2. An order varying an earlier decision about the proposal.

3. An order to set aside an earlier decision about the proposal. 1993, c. 28, s. 38 (5).

Appellate 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).

Time 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.

Leave 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.

Automatic 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).

No 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.

Grounds 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.

Powers 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.

Procedure

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.

Public 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).

Delivery of notice

(3)  The notice required by subsection (1) shall be given by delivering it to the Environmental Commissioner, who shall promptly place it on the registry. 1993, c. 28, s. 47 (3).

Same

(4)  Delivery of the notice to the Environmental Commissioner shall be made no later than the earlier of,

(a) two days after the day on which the application was made or the appeal commenced; and

(b) the end of the time period within which the application could be made or the appeal could be commenced. 1993, c. 28, s. 47 (4).

Content of notice

(5)  The notice shall include the following:

1. A brief description of the decision in respect of which an appeal is sought, sufficient to identify the decision.

2. A brief description of the grounds for the application for leave to appeal or for the appeal.

3. Any information prescribed by the regulations under this Act. 1993, c. 28, s. 47 (5).

Appellate body not to proceed without notice

(6)  The appellate body hearing the application for leave to appeal or the appeal shall not proceed with the application or appeal until fifteen days after notice is given to the public in the registry in accordance with this section, unless the appellate body considers it appropriate to proceed sooner. 1993, c. 28, s. 47 (6).

Participation in application or appeal

(7)  In order to provide fair and adequate representation of the private and public interests, including governmental interests, involved in the application or appeal, the appellate body may permit any person to participate in the application or appeal, as a party or otherwise. 1993, c. 28, s. 47 (7).

Same

(8)  In reaching a determination under subsection (7), the appellate body shall have regard to the intent and purposes of this Act. 1993, c. 28, s. 47 (8).

Existing 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.

PART III
THE ENVIRONMENTAL COMMISSIONER

Environmental Commissioner

49.  (1)  There shall be an Environmental Commissioner who is an officer of the Assembly. 1993, c. 28, s. 49 (1).

Appointment

(2)  The Lieutenant Governor in Council shall appoint the Environmental Commissioner on the address of the Assembly. 1993, c. 28, s. 49 (2).

Term of office

(3)  The Environmental Commissioner shall hold office for a term of five years and may be reappointed for a further term or terms. 1993, c. 28, s. 49 (3).

Removal

(4)  The Lieutenant Governor in Council may remove the Environmental Commissioner for cause on the address of the Assembly. 1993, c. 28, s. 49 (4).

Nature of employment

(5)  The Environmental Commissioner shall not do any work or hold any office that interferes with the performance of his or her duties as Commissioner. 1993, c. 28, s. 49 (5).

Salary

50.  (1)  The Environmental Commissioner shall be paid a salary to be fixed by the Lieutenant Governor in Council. 1999, c. 5, s. 2.

Same

(2)  The salary of the Environmental Commissioner shall not be reduced except on the address of the Assembly. 1999, c. 5, s. 2.

Pension of Environmental Commissioner

51.  The Environmental Commissioner is a member of the Public Service Pension Plan. 1993, c. 28, s. 51.

Oath of office

52.  Before commencing the duties of his or her office, the Environmental Commissioner shall take an oath, to be administered by the Speaker of the Assembly, that he or she will faithfully and impartially exercise the functions of his or her office. 1993, c. 28, s. 52.

Temporary appointment

53.  (1)  If the Environmental Commissioner dies, resigns or is unable or neglects to perform the functions of his or her office while the Assembly is not in session, the Lieutenant Governor in Council may appoint a temporary Environmental Commissioner to hold office for a term of not more than six months. 1993, c. 28, s. 53 (1).

Same

(2)  A temporary Environmental Commissioner shall have the powers and duties of the Environmental Commissioner and shall be paid the remuneration and allowances fixed by the Lieutenant Governor in Council. 1993, c. 28, s. 53 (2).

Employees

54.  (1)  Subject to the approval of the Board of Internal Economy, the Environmental Commissioner may employ such employees as the Commissioner considers necessary for the efficient operation of his or her office, and may determine their salaries or wages and the terms and conditions of their employment. 2006, c. 35, Sched. C, s. 35 (1).

Same

(2)  Salaries or wages determined under subsection (1) shall be comparable to the salaries or wages determined under Part III of the Public Service of Ontario Act, 2006 for public servants employed under that Part to work in a ministry, other than in a minister’s office, who are in similar positions. 2006, c. 35, Sched. C, s. 35 (1).

Benefits

(3)  The benefits determined under Part III of the Public Service of Ontario Act, 2006 with respect to the following matters for public servants employed under that Part to work in a ministry, other than in a minister’s office, who are not within a bargaining unit apply to the employees of the office of the Environmental Commissioner:

1. Cumulative vacation and sick leave credits for regular attendance and payments in respect of those credits.

2. Plans for group life insurance, medical-surgical insurance or long-term income protection.

3. The granting of leaves of absence. 2006, c. 35, Sched. C, s. 35 (1).

Same

(4)  For the purposes of subsection (3), if a benefit applicable to an employee of the office of the Environmental Commissioner is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Commissioner or any person authorized in writing by the Commissioner. 2006, c. 35, Sched. C, s. 35 (1).

Pensions

(5)  The employees of the office of the Environmental Commissioner are members of the Public Service Pension Plan. 2006, c. 35, Sched. C, s. 35 (1).

Budget

55.  The Board of Internal Economy may from time to time issue directives to the Environmental Commissioner with respect to the expenditure of funds and the Environmental Commissioner shall follow the directives. 1993, c. 28, s. 55.

Audit

56.  The accounts and financial transactions of the office of the Environmental Commissioner shall be audited annually by the Auditor General. 1993, c. 28, s. 56; 2004, c. 17, s. 32.

Functions