Ontario did not consult public properly on environmental policy changes, report says

The Ontario government did not consult the public properly about three policy changes that affected the environment, the province's auditor general says in a new report.

Bonnie Lysyk found that the government has failed to live up to its obligations under the law known as the Environmental Bill of Rights, 1993, for the fourth straight year. Her report, which examines how the province administered the law, looked at the last fiscal year.

"The intent of the Environmental Bill of Rights is not being complied with," Lysyk said in an interview on Wednesday.

According to the auditor general, the law gives every Ontario resident the right to take part and hold provincial officials accountable for decisions that affect the environment. But Lysyk says that depends on how the government and its ministries meet their obligations under the law.

"This year, we did find improvement in the way that act is being administered by the ministries, but we did again find examples of where consultation under the Environmental Bill of Rights act is not being followed to the extent where the benefits of hearing from people and considering their comments is fully allowing for informed decision-making," Lysyk said.

"We do see that the timing of what's being put out there for consultation isn't being done in accordance with the act, " she said.

In her report, Lysyk found the following:

• The municipal affairs and housing ministry did not consult the public for 30 days, as required, before it implemented amendments to the Planning Act under Bill 109, the More Homes for Everyone Act, 2022. Bill 109 was passed two weeks before the minimum 30-day consultation period ended.
• The energy ministry did not consult the public about two new policies, one about the deployment of small modular nuclear reactors, the other about building a low carbon hydrogen economy.
• The environment ministry did not share "key information" about a plan to exempt projects related to provincial parks and conservation reserves from the Environmental Assessment Act.

The government is not considering comments from people who may be subject matter experts or who want to help make the province better, Lysyk said. Also, the government is making some decisions, such as those about regulations, that are not transparent or understood by the public, she added.

"Transparency is key when it comes to the Environment Bill of Rights," she said. 

The report also found that the government done little to educate the public about the act and has not ensured the act applies to all environmentally significant decisions.

Minister defends consultation record

In a statement on Wednesday, Ontario Environment Minister David Piccini defended the government's record of consultation on environmental policy changes, saying it has been "extensive" in scope.

"We engage the public, stakeholders, and Indigenous partners to consult on proposals posted on the Environmental Registry," Piccini said.

"This engagement is extensive, and last fiscal year, the ministry posted over 2,000 notices about environmentally significant matters on the Environmental Registry. We consider the public comments as part of decision-making processes, including in the last five years where the ministry posted over 13,000 notices on the Environmental Registry," he added.

"We will continue to work and engage Ontarians on environmental decisions."

Leaders of Ontario's opposition parties say the report is not surprising.

Mike Schreiner, leader of the Green Party of Ontario, said in a news release on Wednesday that the government is violating people's environmental rights.

He said the report "merely confirms what we have learned during Doug Ford's four and a half years in office — that this government never saw an environmental initiative it didn't want to roll back, ignore or stall."

Schreiner said Lysyk's findings are "deeply concerning" but in keeping with the government given record on the environment.

"This is the government that came out of the gate cancelling hundreds of renewable energy projects and then ramped up fossil gas generation instead, fought climate action all the way to the Supreme Court (and lost), and now plans to open up the Greenbelt to sprawl," he said.

Interim NDP Leader Peter Tabuns said he is calling on Ontario Premier Doug Ford to accept and adopt the report's findings and recommendations.

"All Ontarians — including experts, constituents and Indigenous people — have a right to be consulted by the government on environmental concerns."