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Ontario|EnvironmentalEnvironmental Bill of Rights 378 What is the Environmental Bill of Rights? The Environmental Bill of Rights was passed in Ontario in 1994. It gives every Ontario resident a formal right to participate in the environmental decisions of the Ontario government. People now have a formal right to get information on most environmentally significant proposals of any of the 13 Ontario government ministries that are listed under the Environmental Bill of Rights. They also have the right to comment on these decisions.
The Environmental Bill of Rights has created two primary ways to improve environmental decision making in Ontario.
First, under the Environmental Bill of Rights, individuals can now participate in environmental decisions by doing any of the following 6 things:
1. Comment on environmentally significant proposals,
2. Ask for an appeal of particular environmental approvals,
3. Ask for a review of an existing policy, act, regulation or instrument if they feel it is not protecting the environment,
4. Ask for an investigation of violations of environmental law,
5. Use the courts to sue about a public nuisance or to protect a public resource, and
6. Be protected from reprisals by employers when reporting workplace violations of environmental laws or when using any other of their environmental rights.
- What is the Environmental Commissioner of Ontario?
The second way that the Environmental Bill of Rights has improved environmental decision making in Ontario is by creating the position of Environmental Commissioner of Ontario.
The Environmental Commissioner of Ontario is an officer of the Legislative Assembly of Ontario, like the Auditor or the Ombudsman, who is independent of the governing party. The Environmental Commissioner has the power to review government compliance with the Environmental Bill of Rights and the use of the Environmental Bill of Rights by Ontarians. By providing applications and information, the Commissioner's Office serves as an entry point for people who want to use their rights and the office includes a resource centre that is open to the public.
The Commissioner reports to the public through the Legislative Assembly of Ontario with annual or special reports that review government compliance with the Environmental Bill of Rights. The Commissioner has the power to inform the public about government activities through these reports to the Legislative Assembly. It is important to note that the Commissioner has neither the authority nor the resources to directly investigate or defend individual concerns. Instead, ministries which fail to comply with the Environmental Bill of Rights are brought to the attention of the public through the Commissioner's reports and are judged through the "court of public opinion" rather than a formal court proceeding.
The Ontario public is the primary means by which environmental decision-making can be improved and kept accountable. That is why the Environmental Bill of Rights gives the Environmental Commissioner the authority to provide public education about the Environmental Bill of Rights. The Commissioner's staff provides interested parties with publications and presentations. The Environmental Commissioner of Ontario also provides a website at www.eco.on.ca, where Ontarians can find reports, bulletins and a link to the Environmental Registry.
If you would like more information about the Environmental Bill of Rights, please call the Office of the Environmental Commissioner of Ontario at 416-325-3377 or toll free at 1-800-701-6454.
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