Engaging Solutions Appendix C Ministry Comments
In this Appendix, ministries provide feedback to the Environmental Commissioner on articles contained in the main part of the Annual Report.
Part 2 – Engaging Provincial Solutions
Engaging Solutions on the Great Lakes
Ministry of the Environment
Protecting Ontario’s water, including the Great Lakes and our drinking water, is vital to the environment, our
health and a strong economy. This is illustrated in MOE/Marbek’s Economic Study, which highlights the significant
returns from investing in Great Lakes restoration and protection.
The Great Lakes are shared among many jurisdictions. Protecting them requires that Ontario leverage critical partnerships with Canadian, U.S. federal and state governments, Aboriginal communities, municipalities and non-governmental organizations. MOE is using the results of its Healthy Great Lakes, Strong Ontario engagement to develop long-term priorities for Great Lakes restoration and to reflect Ontario’s interests for the negotiation of key agreements, including integrating climate change adaptation in the Great Lakes Water Quality Agreement and Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem (COA).
The Great Lakes Areas of Concern Beneficial Use Impairments Status Report demonstrates that through these partnerships considerable progress has been made in addressing environmental challenges in Areas of Concern (AOCs). The 2007-2010 COA Progress Report demonstrates that agencies are on-track to complete nearly all commitments under this COA as evidenced by progress made on upgrades to the remaining primary sewage treatment plants, the delisting of Wheatley Harbour and the clean-up of contaminated sediment in the Detroit River AOC and Beaver Dams Creek.
Ontario is also making significant progress in areas within its jurisdiction. Under the Clean Water Act, 2006, policies to protect water quality and quantity may result in co-benefits for the Great Lakes. The Lake Simcoe Protection Act, 2008 will inform Great Lakes improvements and the Water Opportunities Act, 2010 is driving innovation in the water technology sector. Ontario’s long-term infrastructure plan – Building Together – recognizes the need to continue protecting Great Lakes ecosystems to develop sustainable opportunities that benefit the economy. MOE has strong approvals and enforcement powers, and uses a risk-based approach to ensure its laws and regulations are followed.
Ontario’s forward-looking, comprehensive framework for water protection demonstrates that MOE, with its partners, has set a path forward for safeguarding our Great Lakes, now and for the future.
Ministry of Natural Resources
Under the Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem, MNR contributes to the
provincial management of the Great Lakes. MNR provides provincial leadership for restoration, protection and
conservation of natural aquatic habitat, aquatic species and invasive species. Fisheries management, water
management and natural heritage planning and protection fall within the ministry’s Great Lakes programs.
MNR continues to provide leadership with these Great Lakes basin ecosystem management activities and will
continue to collaborate with other ministries toward achieving provincial Great Lakes outcomes.
Ontario has demonstrated international leadership on Asian carp, and is working to prevent their entry into Ontario waters.
When the risk assessment conducted by Canada identified the live food fish industry as a vector for the introduction of Asian carp, MNR was one of the first agencies in the Great Lakes basin to ban the possession and sale of live Asian carp and initiate enhanced enforcement. Dead fish were not considered a risk. Penalties for possession of live Asian carp are set by the court. MNR prosecutors inform the court of the seriousness of the offence as part of penalty submission. Recent court rulings show they take these offences seriously. MNR works with the federal government on inspections of trucks carrying live fish into Ontario from the U.S. and has recently conducted a “simulation exercise” to test our readiness to respond to a confirmed sighting.
The Provincial Policy Statement, 2005 (PPS) is an important tool to protect natural heritage features, including wetlands, through the land use planning process. MNR is working with MMAH, OMAFRA and other ministries through the PPS 5-year review to assess the need for changes to the provisions for the protection of wetlands.
Ontario’s wetland evaluation manuals provide a rigorous framework for the evaluation of wetlands and identification of provincially significant wetlands. The implementation of the evaluation framework is resource intensive. MNR will consider options that will help to address this, that are equally effective and scientifically defensible.
Ministry of Agriculture, Food and Rural Affairs
Change in farm environmental practices has been remarkable since 2005. Based on Environmental Farm Plans,
over 20,500 on-farm environmental projects have been completed since 2005, an investment of more than $310
million including almost $200 million of farmers’ own funds. These projects include, for example, 1,350 nutrient
management plans, 1,530 manure storages, and 1,350 riparian management projects. Analysis shows these
environmental projects are targeted to priority risk factors in appropriate geographic areas.
Practices recommended in the Environmental Farm Plan workbook and supporting materials are based on proven science and practical implementation. The scientific literature documents the environmental benefits of the recommended practices. Greater adoption would no doubt achieve higher benefits.
Studies document that total phosphorus from manure and fertilizer applied to farmland in Ontario has declined since the 1980s. The amount of manure generated has declined, while adoption of nutrient management practices has increased. Research has documented the significant decline of the amount of fertilizer applied to farmland since the 1980s.
Phosphorus trends, risks and pathways are complex and different in different watersheds. While overall total phosphorus is declining, soluble, reactive phosphorus appears to be increasing in some areas. The exact mechanisms for this are still not clear and subject to ongoing research.
Livestock farms continue to be gradually phased-in to the Nutrient Management Act, 2002 (NMA) as they expand or construct new buildings or storages within their operations. Currently, 3,046 farms are phased in to the NMA.
Ministry of Municipal Affairs and Housing
The Provincial Policy Statement, 2005 (PPS) provides protection for provincially significant wetlands (PSWs) and
coastal wetlands (section 2.1) and the Planning Act requires that all decisions affecting land use planning matters
“shall be consistent with” the PPS. The Ontario Wetland Evaluation System (OWES) provides a standardized
method of assessing wetland functions and societal values. Wetlands can be identified and evaluated by qualified
professionals other than MNR staff, provided they use approved OWES methodology and have received MNR
training. MNR reviews and approves these evaluations.
For unevaluated wetlands, additional guidance is found in the Natural Heritage Reference Manual (NHRM). NHRM section 6.3.1 notes that if an unevaluated wetland has characteristics or contains components that are typical of a significant wetland, the planning authority should ensure that a wetland evaluation is undertaken prior to processing any planning approvals.
Planning authorities may choose to apply some policy protection for wetlands that are not provincially significant, recognizing the benefit of the ecosystem functions wetlands provide.
Through the PPS five-year review, MMAH is working closely with MNR and other land use ministries to identify areas for potential revisions, including those related to the protection of natural heritage features such as wetlands.
Many ministries that are not signatories to the agreement, such as MMAH and MOI, collaborate on Great Lakes planning and work with MOE, MNR and OMAFRA in planning for the protection of the Great Lakes and in addressing environmental sustainability issues in the Great Lakes Basin.
The PPS includes policies directing planning authorities to protect, improve or restore the quality and quantity of water by ensuring stormwater management practices minimize stormwater volumes and contaminant loads, and maintain or increase the extent of vegetative and pervious surfaces. As part of the PPS review, MMAH is working closely with MOE and other land use ministries to identify areas for potential revisions, including those related to stormwater management, water quality protection and water conservation.
Far North Act, 2010
Ministry of Natural Resources:
The Far North Act, 2010, sets out a joint land use planning process between First Nations and Ontario who will
work together to decide which lands in the Far North will be protected and which will be open for sustainable
economic development.
The government’s commitment in the Far North places Ontario among world leaders in boreal protection and represents one of the largest land protection commitments in North America to fight climate change. Large and interconnected protected areas of the Far North are needed to maintain biological diversity, ecological processes and ecological functions, including the storage and sequestration of carbon and the protection of habitat for sensitive species. Protected areas will be identified through community based land use plans.
First Nations play a key role in the implementation of the Far North Act, 2010. MNR will be moving forward to engage First Nations in developing the Far North Land Use Strategy; and the Joint Body (equal representation of First Nations members and Ontario Officials) which has a role to play in the development of Far North policy statements. The government also recognizes the importance of funding to support planning, capacity building in First Nations, and the collection of both Aboriginal Traditional Knowledge and science information to provide a sound knowledge base for planning. To date, MNR has been able to provide funding to all First Nations communities and Tribal Councils that have come forward with an agreed-upon work plan for community engagement, mapping of planning areas, capacity building and community planning support.
Hydroelectric Development in the Far North
Ministry of Natural Resources
Under the Far North Act, 2010, land use plans must be completed before most major development begins.
The Act provides exceptions enabling planning and certain developments including waterpower, to occur
concurrently, provided certain criteria are met: First Nations are supportive, a draft plan is complete or sufficient
ecological information exists. MNR is working to align Crown land management for renewable energy with Far
North planning and Ontario’s Long-Term Energy Plan. This supports informed land use decisions, and where
waterpower is permitted, provides for appropriate mitigation of adverse effects on lake sturgeon and flooding.
Growth Plan for Northern Ontario
Ministry of Natural Resources
MNR sees significant benefits in setting out long-term, social, environmental and economic objectives for
northern Ontario. The Growth Plan adds important context for natural resource policy development and the
planning and management of Crown lands, waters and natural resources. Where there is a conflict between a
growth plan and a community based land use plan under the Far North Act, 2010, then the land use plan prevails.
Part 3 – Biodiversity Matters
Ontario’s Commercial Fisheries Policies
Ministry of Natural Resources:
MNR recognizes the importance of open and transparent policy development. MNR recently released the
Strategic Policy for Ontario’s Commercial Fisheries which sets the framework for the development of future
operational policies and procedures. It details the goal, guiding principles and objectives of a well-managed,
sustainable commercial fishery. Ontario will engage Aboriginal communities, organizations and key stakeholders
in the development of future operational commercial fishing policies.
The management intensity of Ontario’s commercial fishery across the province varies according to the complexity and the demand on the respective fishery resources. Similarly, the quality and quantity of data available on the commercial fishery also varies across the province. Lake Erie, for example, has the greatest amount of commercial fishing activity and therefore produces the most catch data and experiences the highest level of commercial fish management activity. MNR uses the best available science including, fisheriesindependent surveys, lakewide stock assessment and monitoring. A number of decision analysis and stakeholder engagement initiatives to engage the public in transparent policy development are ongoing.
MNR is committed to advancing the development of commercial fish policies for Ontario including addressing bycatch. Currently, the collective sources of harvest of a species in a given management unit are taken into account when allocating commercial fish quotas. A provincial allocation policy would incorporate the commercial fishery, and all interests of the fisheries resources; including conservation, Aboriginal subsistence, and recreational and commercial users. All policies developed will be legally enforceable under existing legislation, including the Fish and Wildlife Conservation Act, 1997, the Fisheries Act, 1985', and the Endangered Species Act, 2007.
Missing in Action: Ontario’s Oversight of Cage Aquaculture
Ministry of Natural Resources
Ontario supports environmentally, socially, and economically sustainable aquaculture. MNR plans to complete the
guidelines in 2012, which will provide science-based policy guidance for MNR, other regulators and applicants
in approving and managing cage aquaculture licences in waters over Crown land. Each application is screened
under MNR’s Class Environmental Assessment for Resource Stewardship & Facility Development, taking into
account environmental, social, cultural, economic and Aboriginal considerations. The EBR' provides an exemption
from posting these instruments (existing licensed sites) on the Environmental Registry. MNR takes a risk-based
approach to site inspections for compliance with MNR’s legislation.
Ministry of the Environment
MNR and MOE are working collaboratively with stakeholders to improve policies, which will ensure the
aquaculture industry operates in an environmentally sustainable manner. MOE has developed science-based water quality limits that are protective of the environment and consistent with provincial wastewater effluent
policy. MOE abatement/enforcement actions use a risk-based approach consistent with provincial priorities. MOE
responds to environmental impacts at aquaculture operations on a site-specific basis. Operators are required to
monitor, and MOE conducts additional monitoring when needed, including intensive site studies undertaken
from 1998 to 2010.
Recovery of Species at Risk: Government Responses Inadequate
Ministry of Natural Resources
Government Response Statements (GRSs) recognize that we all have a responsibility to protect and recover
species at risk. MNR acknowledges this shared responsibility by seeking advice and assistance from outside
experts and partners, and by including input from other ministries, other levels of government, stakeholders and
the public in the process of drafting GRSs. To date, input has been gathered through targeted meetings, surveys
and Environmental Registry postings.
GRSs are based on science. If the science does not exist to support a specific recovery target, a GRS cannot commit to that target.
Government demonstrates leadership through funding and advice to proponents on how to recover species, and by issuing permits and agreements that provide opportunities to learn and monitor progress. The use of stewardship funding strategically aligns with implementation of actions within GRSs.
MNR’s Natural Heritage Information Centre (NHIC) added resources to address species at risk data. All data within NHIC has been loaded for 11 of 13 species identified in the report (with the remaining two being processed).
MNR is working on a policy framework to help set annual priorities for actions across species.
The Caribou Conservation Plan was Ontario’s first GRS. MNR will commit an appropriate level of resources to prepare GRSs for other species at risk.
Snapping Turtles: To Hunt or Protect?
Ministry of Natural Resources
Snapping turtles remain widespread and locally abundant in southern Ontario. MNR undertakes measures to
ensure the species’ long-term survival including prohibiting the commercial harvest of snapping turtles and
protecting its wetland habitat. MNR is collecting information, including data on harvest through the recreational
fishing survey, to support future management planning activities.
Wolf Conservation in Ontario: The Disconnect Between Science and Policy
Ministry of Natural Resources
The management of eastern wolf is complex and MNR is at the forefront conducting research on eastern wolves.
There continues to be scientific uncertainty about the status of the eastern wolf species and population. As
research continues, new evidence will be reviewed and assessed. This collective knowledge will continue to help
inform management decisions regarding wolf conservation.
The scheduling, under the Fish and Wildlife Conservation Act, 1997, of the eastern wolf as a Furbearing Mammal allows sufficient management flexibility to provide for their sustainability. Additionally MNR restricts hunting and trapping in parks and protected areas in order to protect species at risk consistent with the Endangered Species Act, 2007 and regulations. The protection Ontario provides in Algonquin Provincial Park and surrounding townships preserves the largest known population of the eastern wolf.
Ontario Cougars: On the Prowl for Protection
Ministry of Natural Resources
Prior to harvest operations, MNR placed six wildlife cameras in reported cougar sighting locations on the
Nighthawk Forest. A biologist looked for evidence (e.g., tracks, scat) of a den site or cougar use in the area. The
field investigation resulted in nothing that warranted a more significant ground search and after three months,
the cameras did not provide any new information.
MNR is conducting provincial-scale research aimed at collecting quantitative data on the presence and distribution of the species in Ontario.
Woodland Caribou Conservation: Going Nowhere Fast
Ministry of Natural Resources
MNR anticipates releasing its report on caribou range delineation by fall 2011. MNR has completed an estimate
of caribou population for the province, along with two integrated range assessments that provide a more precise
live body count and recruitment estimate. The 18-month implementation report outlining accomplishments to
date will also be released by fall 2011.
Recognizing the Need for Green Infrastructure
Ministry of the Environment
Through the Water Opportunities Act, 2010 and related initiatives such as the Showcasing Water Innovation
program, Ontario demonstrates leadership in promoting innovative water technologies, services and approaches,
including green infrastructure. Ontario’s infrastructure plan – Building Together – promotes green infrastructure
as an innovative way to save costs by using natural processes like infiltration and evaporation to reduce the
burden on built systems. The plan recognizes that green infrastructure has environmental benefits including
removing contaminants, converting carbon dioxide to oxygen and providing natural habitat. MOE is working
with MMAH during the review of the Provincial Policy Statement, 2005 (PPS) to ensure that it is effective in
protecting provincial land-use planning interests and promoting sustainability principles and infrastructure
policies that promote green infrastructure.
Ministry of Infrastructure
MOI agrees with the need to prepare for challenges such as a larger and more urbanized population and the
effects of a changing climate. On June 24, 2011, the province released a long-term infrastructure plan (Building
Together), which will help current and future public infrastructure address these and other challenges.
There are many aspects of Building Together that align with the ECO’s Annual Report, including: promoting the use of green infrastructure; developing a framework for planning water-related infrastructure on a watershed basis; making conservation and efficiency activities preconditions for infrastructure grants; improving the monitoring and reporting of the environmental performance of public infrastructure; and embedding climate change adaptation into asset management planning.
Ministry of Municipal Affairs and Housing
The Provincial Policy Statement, 2005 (PPS) provides policy direction on matters of provincial interest related
to land use planning. The policies and definitions in the PPS reflect the consolidated priorities of all ministries
involved.
As part of the PPS review, consideration is being given to a range of matters including infrastructure.
To help Ontario achieve its commitment to reduce peak energy demand and create a culture of conservation, the 2006 Building Code included increased energy requirements for houses and large buildings. The Code also included a variety of measures to promote the use of green technologies such as solar panels, and allowing “greywater” to be used for certain purposes including flushing toilets. The Code has included water conservation requirements since 1994.
Ministry of Transportation
MTO continues to look for ways to incorporate greener approaches in all of its transportation activities including
through its environmental assessment (EA) process. The ministry’s Class EA process requires the identification of
impacts to the environment, including ecological and social impacts, and to minimize and mitigate them to the
extent possible. Through EA commitments, MTO strives to implement innovative, approaches that address the
objectives of green infrastructure.
The ministry continues to investigate stormwater management best practices through research to quantify the performance of roadside ditches as stormwater management swales and the introduction of new design standards for roadside ditches to enhance their stormwater quality control capabilities.
Part 4 – Planning Solutions
Connecting the Green Dots: The Natural Heritage Reference Manual
Ministry of Municipal Affairs and Housing
The Provincial Policy Statement, 2005 (PPS) provides province-wide policy direction for land use planning,
reflecting a balance between the goals of strong communities, a clean and healthy environment, and a strong
economy. The government has developed support materials to help with its implementation and the balancing
of provincial priorities. The Natural Heritage Reference Manual (NHRM) is an example of this type of support
material.
The PPS provides that the diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems should be maintained, restored, or, where possible, improved. The NHRM provides more guidance on the implementation of the natural heritage policies by planning authorities.
Regular reviews of the PPS are required by the Planning Act, and as part of the five-year PPS review, MMAH is working closely with MNR and other land use ministries to identify areas for potential revisions, including those related to identification and protection of natural heritage systems.
Ministry of Natural Resources
MNR is delivering seminars and training sessions on the Natural Heritage Reference Manual to key audiences,
particularly municipalities, to support and enhance implementation of the Provincial Policy Statement, 2005
(PPS). MNR is working with MMAH and other land use ministries on the review of the PPS. A key part of ensuring
healthy resilient ecosystems in settled landscapes of Ontario is a consistent science-based approach for Natural Heritage Systems design. MNR continues to promote such an approach through technical support for the Manual
and PPS as well as participation in collaborative natural heritage systems projects.
Prepping the Land for Development: The Destruction of Natural Heritage Masquerades as a “Normal Farm Practice”
Ministry of Agriculture, Food and Rural Affairs
The ECO presents no evidence to substantiate claims of destruction of natural features through “normal farm
practices.” The Farming and Food Production Protection Act, 1998 has never been used to sanction the wholesale
removal of natural features. OMAFRA advises farmers on woodland and wetland best management practices.
OMAFRA welcomes any factual information about nature protection and farm practices. OMAFRA, MNR and other
parties are developing a tree by-law template to address farm practices and woodlot protection.
Rules for Source Protection Plans Now in Place
Ministry of the Environment
Initiating work under the Clean Water Act, 2006 (CWA) in the areas with conservation authorities addressed a key
finding of the Walkerton Commission, and also covers the more populated areas of the province; the current
framework is protecting drinking water for the vast majority of Ontarians. MOE has also initiated four pilots in the
north to inform future planning for systems outside the current source protection areas.
The CWA enables analysis and protection for the Great Lakes as a source of drinking water. Committees must assess risks and develop policies for threats in intake protection zones. Once these policies are better defined, the Minister of the Environment could establish broader Great Lakes targets.
MOE agrees the list of threats and instruments should be reviewed between planning cycles and will include this in its continuous improvement plan.
The CWA includes extensive opportunities for local public engagement at all stages of the source protection planning process, including public meetings and posting documents on the Internet so interested members of the public can comment directly to the committee carrying out the work. Links to local area websites can be found at: www.conservation-ontario.on.ca/source_protection/otherswpregionsindex.htm.
The Crown has invested ~$190 million to date, fully funding the cost of source protection planning and providing financial assistance for stewardship projects that help protect municipal drinking water sources. Over 2,000 stewardship projects have been funded to date. Once source protection plans are submitted, MOE will be able to evaluate financial implications of policies. When drafting policies, source protection committees must consider the costs of implementation and have been asked to ensure that policies are cost-effective, pragmatic and practical.
Lake Simcoe Phosphorus Reduction Strategy: Is it Enough?
Ministry of the Environment
Human activities have had a significant impact on Lake Simcoe, and efforts to improve water quality have
been on-going since the 1980s. The Strategy builds on these, and includes specific actions for each sector. MOE
is amending Certificates of Approval for wastewater plants to reflect the new phosphorus caps; developing
best management practices with the development and the farming communities; and, releasing stormwater
masterplanning guidance for municipalities this fall. Research continues in partnership with the Lake Simcoe
Region Conservation Authority and others. We will review and adapt the strategy in five years to better focus the
actions as new advances in science and technology occur.
Lakeshore Capacity Assessment: Balancing Development and Water Quality in Cottage Country
Ministry of the Environment
MOE is committed to establishing a tri-ministry working group (MOE, MNR and MMAH) to conduct a review every
three to five years to enhance the effectiveness of the Lakeshore Capacity Assessment Handbook.
MOE created a two-day training module for the Lakeshore Capacity Model; the first course was offered in June 2011 and training is to continue in 2011/2012 throughout the province.
MOE will continue to explore options for achieving a more holistic approach to lake capacity management (as opposed to focusing on a single nutrient), including the application of best management practices. The phosphorus Provincial Water Quality Objective was published in 1979 and MOE will explore options for its review.
Ministry of Municipal Affairs and Housing
MMAH will work with MNR and MOE to support municipal uptake of lakeshore capacity assessment and will work
with MOE and MNR in any review of the Lakeshore Capacity Assessment Handbook.
Stormwater: Our Neglected Headwaters
Ministry of the Environment
MOE is making progress on stormwater management. The Water Opportunities Act, 2010 promotes integrated
and sustainable infrastructure planning for stormwater, wastewater and drinking water. This will help encourage
innovation and collaborative watershed-based approaches for water infrastructure.
Further work is underway to develop additional guidance, support demonstration projects and provide funding for innovation. MOE’s website provides information to encourage innovative stormwater management and lowimpact development (e.g., permeable pavement, green roofs), and recognizes the importance of both green and conventional infrastructure.
MOE will continue to work with partners to improve stormwater management, including working with MMAH on revisions to the Provincial Policy Statement, 2005 and with MOI on the long-term infrastructure plan – Building Together – which recognizes green infrastructure and low-impact development for stormwater management and promotes improved asset management and financial planning.
Ministry of Natural Resources
MNR is a partner with MOE in the Natural Resources Canada Regional Adaptation Collaborative. The Gateway
project supports climate change adaptation, including stormwater management. The Toronto and Region
Conservation Authority is participating in a pilot project with MNR to ensure accessible data to inform
stormwater management.
MNR and MOE continue to collaborate on many water-related programs. MNR has supported the MOE-led Source Water Protection Program by developing water budget and water quantity risk assessment tools. MNR also produces climate and watershed based datasets and tools that can support stormwater management decision making.
Stormwater management ponds are recognized in the technical compendium Adaptive Management of Stream Corridors in Ontario, Natural Hazards Technical Guides, 2001 in support of the natural hazards policies (3.1) of the Provincial Policy Statement, 2005 of the Planning Act.
Before the Flood: Conservation Authorities’ Vital Role in Land Use Planning
Ministry of Natural Resources
As part of MNR’s responsibility for protecting Ontarians from the impacts of water-related hazards including
flooding, MNR is assessing its supporting technical and analytical tools for their adequacy in anticipation of
climate change impacts. In 2010, MNR, with matched municipal funding, provided $24.46 million to the 36
conservation authorities for natural hazard prevention.
When Two Worlds Collide: Cottages in Rondeau Provincial Park
Ministry of Natural Resources
The ministry continues to work with the cottage leaseholders in Rondeau Provincial Park to ensure the protection
of the Park’s unique environment. Recent efforts have been successful in gaining the co-operation of many of the
leaseholders to comply with lease conditions and remove off-lot structures. The ministry will continue to use a
suite of approaches, including enforcement action, to gain compliance from all leaseholders.
Part 5 – Getting on with the Business of the Environment
Less and Less: Budgets for MOE and MNR Not Meeting Needs
Ministry of the Environment
MOE is committed to protecting the environment and health of Ontarians while being fiscally responsible. MOE
remains dedicated to its core programs and continuously looks for ways to more efficiently and effectively deliver
on its mandate and, at the same time, respond to the current fiscal climate.
For example, MOE is finding improvements through partnerships, including a one-window approach to source protection planning with MNR, and working with ministries to develop a co-ordinated approach for environmental clean-up. As the ECO notes, streamlining operations through the Modernization of Approvals has the potential to dramatically reduce burdens for both business and MOE.
MOE remains confident in its ability to effectively deliver core programs. MOE’s inspection and abatement program applies a multi-year approach to target higher risk, more complex facilities and sectors. For example, MOE inspects municipal wastewater facilities on a 4-year cycle and has a multi-year program to assess all Ontario landfills. Our provincial oversight also includes a range of tools including education, assistance and outreach. Through online public reports, MOE keeps Ontarians informed of discharges and spills.
Ministry of Natural Resources
MNR supports the government’s efforts to manage expenditures. The ministry continues to play a lead and vital
role in protecting Ontario’s natural resources and ensuring their sustainable use.
The ministry is focused on delivering government priorities, Endangered Species Act, 2007 (ESA) and Far North programs, and maintaining our core business and services to the public in a fiscally responsible manner. We are striving for a balanced approach and are continually looking for opportunities to modernize the delivery of our business and core front-line services and make progress in key areas. In September 2010, the government announced an additional $10 million investment over two years in Far North community land use planning; and more recently, the 2011-12 Provincial Budget allocated additional funding of $1.25 million to MNR to support improvements in ESA permitting processes.
Modernization of MOE’s Approvals Framework
Ministry of the Environment
The registration process includes clear and consistent requirements for prescribed activities, making the process
more straightforward and providing clarity to businesses eligible to register with regard to environmental
requirements. A multi-step, transparent process has been implemented to assess the risk for those activities that
are being considered for the registration process. The approach defines regulatory requirements, in consultation
with stakeholders, that must be met in order for an activity to be eligible to register as well as operating
requirements to maintain compliance without compromising environmental standards. Registry regulations
contain specific provisions for mandatory updates and confirmation of registry information. In addition, new
compliance tools were added including the ability for the Director to remove a business from the registry as a
result of compliance related issues.
MOE will implement a phased approach to updating approvals, in consultation with stakeholders.
The compliance and enforcement approach for prescribed activities will be risk-based and will draw on international ‘good’ practice and on the full and growing range of regulatory tools available. Inspection has, and will remain, an important part of our regulatory toolkit. It will be complemented by other regulatory tools to assess, encourage and, where necessary, bring facilities into compliance. The approach will focus on ensuring that businesses know what they need to do (e.g., outreach), monitoring what they are doing (e.g., selfassessment, desk audit and inspection), and taking enforcement action proportionate to the potential or actual environmental impact. The approach will be supported by a new electronic tracking system to better manage approvals related information for compliance purposes.
Once fully implemented the new approvals process will enhance public transparency and improve service to business while maintaining environmental standards and better positioning MOE to look at applications more holistically, considering all potential environmental impacts.
What a Waste: Failing to Engage Waste Reduction Solutions
Ministry of the Environment
Waste diversion provides economic and environmental benefits and is a government priority. However,
regulating waste has always been challenging since there are multiple actors, a global marketplace and a wide
range of legal and business relationships that must be considered.
Extended producer responsibility (EPR) is one way to encourage waste reduction and diversion. This approach, like others, has consequences for the actors involved in waste management, from producers to consumers to municipalities to waste management service providers.
MOE has been considering this broader waste reduction and diversion context, including EPR, through its review of the Waste Diversion Act, 2002 (WDA). Through the review, MOE has consulted extensively and received input on various proposals. MOE is evaluating this feedback and assessing the specific changes which would create the right mix of tools to promote waste reduction and diversion, including the appropriate evolutionary steps on EPR. These changes must ensure that all environmental and economic costs and benefits associated with waste are captured, and that all consequences of any policy direction are fully considered.
While MOE reviews the feedback, it has taken steps to make the framework more effective and accountable, such as asking Waste Diversion Ontario to refocus its board to make members reflect the skills needed to oversee waste diversion programs and avoid potential conflicts of interest.
We also continue to work with partners to increase diversion, such as through expanded WDA programs, the Ontario Deposit Return Program, Canadian Council of Ministers of the Environment efforts to work with industry to optimize packaging reductions, ministry-led consumer and industry outreach (“Waste Navigator”); and, support initiatives like the Recycling Council of Ontario’s “zero waste toolkit” to encourage green festivals and events and the 3Rs certification program being developed to encourages businesses to improve waste diversion.
Missed Opportunities under the Water Opportunities Act, 2010
Ministry of the Environment
Ontario is making progress in implementing the Water Opportunities Act, 2010. The Water Technology
Acceleration Project is being established (O. Reg. 40/11) to bring together key partners in the water industry. A
new $17 million Showcasing Water Innovation program is supporting community projects that demonstrate the
use of innovative water technologies and approaches, including conservation. Lessons learned will be shared.
Ontario announced that 85 rural and northern communities will receive more than $40 million through the first intake of phase three of the Ontario Small Waterworks Assistance Program (OSWAP-3). A key factor was how well projects addressed conservation and efficiency. Work is underway to identify best practices in planning for municipal water sustainability and financial sustainability. MOE will continue promoting water conservation with municipalities and industry.
Cleaning Up the Ozone File
Ministry of the Environment
MOE appreciates the ECO’s supportive comments regarding the benefits of consolidation and the new halon
restrictions. The consolidated regulation addresses most of Ontario’s ozone depleting substances stock. Smaller
refrigeration equipment is naturally phasing out as chlorofluorocarbons have not been permitted in new
products since the early 1990s.
MOE will continue to monitor the use of refrigerant alternatives to minimize environmental impacts.
Part 6 – Emerging Issues
Shale Gas and Hydraulic Fracking
Ministry of the Environment Presently there is no indication that Ontario hosts economic reserves of shale gas and there are no proposals for shale gas drilling or extraction. However, Ontario has a well-defined regulatory framework to manage drilling and production of oil and gas and associated environmental impacts should commercial-scale quantities of shale gas be proven to exist.
Ontario has a range of groundwater monitoring, protection and management programs that could help inform decisions pertaining to shale gas exploration and production. MOE regulates water takings through its Permit to Take Water program to prevent unacceptable impacts on the ecosystem or other water users, including existing public and private water supply wells.
The areas identified as having shale gas potential fall within the areas already being assessed for drinking water vulnerability through the Clean Water Act’s source protection planning process. This information will help inform decision making on any future shale gas development.
With respect to the risks of drilling in areas with hazardous wastes, MOE has a list of confirmed Hazardous Waste Disposal sites which will inform decisions about appropriate locations for shale gas exploration and extraction.
MOE and MNR will continue to collaborate as necessary to address issues that may arise.
Ministry of Natural Resources
Ontario has a rich history in oil and gas exploration and development. As a result, MNR has a well-defined regulatory
framework to manage drilling and production of oil and gas which includes knowledge of 27,000 wells.
At this time, there is no indication that Ontario hosts economic reserves of shale gas. Shale gas is not being extracted anywhere in the province and there are no proposals before MNR requesting shale gas drilling or extraction. The Ontario Geological Survey is conducting routine preliminary assessment of bedrock in southern Ontario to assess its potential to host shale gas.
MNR looks forward to reviewing the findings of the United States’ Environmental Protection Agency’s study on the potential impact of hydraulic fracturing on human health and the environment (expected to be available in 2012) and the results of Quebec’s environmental study of shale gas activities.
The Roots of Sustainability: Engaging the Soil Carbon Solution
Ministry of Agriculture, Food and Rural Affairs
Building and maintaining soil organic matter (SOM) is key to healthy soil ecosystems and productive farmland.
This objective is integrated into advice, programs, funding, and research supported by OMAFRA. OMAFRA
appreciates the ECO’s interest in soil health issues and drawing public attention to soil issues.
SOM is important to all farmers, not just organic farmers. OMAFRA provides recommendations for all production
systems.
Energy from agricultural biomass presents challenges and opportunities. Perennial energy crops offer potential for building SOM. Crop residue removal potential must be limited to levels that sustain SOM. OMAFRA and other stakeholders are directly involved in work on these issues.
More research is needed on the agronomic benefits of biochar in temperate climates like Ontario before recommending it for building SOM and sequestering carbon. OMAFRA is collaborating on some research into biochar.
Soil ecosystem health transcends SOM. OMAFRA supports many soil research projects including one assessing potential Ontario use of a soil health assessment method from Cornell University.
Soil carbon may have a role in climate change mitigation but science shows conservation tillage will play a limited role in mitigation in Ontario. Reduced tillage has many other environmental and agronomic benefits. Significant issues remain regarding soil carbon sequestration including soil organic carbon (SOC) measurement, especially changes in SOC over time, soil carbon balance and permanence (e.g., risk of reversals).
Part 7 – Public Concerns Raised: Applications
Reviewing the Environmental Bill of Rights, 1993: An Opportunity for Renewed Engagement
Ministry of the Environment
The Environmental Bill of Rights, 1993 (EBR) represents an important milestone in Ontario’s environmental
legislation and has remained central to public engagement and transparency in environmental decision making
over the last 18 years.
MOE agrees with the applicants that the EBR remains generally sound and does not warrant a wholesale review or reconsideration of the Act in its entirety. Based on preliminary consideration of the application, MOE has concluded that a focused review of certain components of the EBR is in the public interest.
MOE will take into consideration the ECO’s current and previous commentary and reports on the EBR during the course of this review.
Tapping into the Oak Ridges Moraine
Ministry of Municipal Affairs and Housing
The Oak Ridges Moraine (ORM) Plan policies protect water features and systems within its regulated boundary
through municipal decisions on land use planning applications.
MMAH is actively involved in Plan implementation through:
- Ministerial review and approval of conformity documents
- Participating on watershed technical review committees and Ontario Municipal Board hearings
- Release of Oak Ridges Moraine technical guidance documents
The co-ordinated Oak Ridges Moraine-Greenbelt-Niagara Escarpment Plan reviews in 2015 will build on the review of the Provincial Policy Statement, 2005 currently underway. MMAH will work closely with MOE and other land use ministries to identify areas for potential revisions, including water protection policies.
The Oak Ridges Moraine Foundation
Ministry of Municipal Affairs and Housing The $20 million investment in the Friends of the Greenbelt Foundation enables it to leverage further investments supporting agriculture, tourism and environmental integrity across the entire Greenbelt, including the Oak Ridges Moraine and Niagara Escarpment.
Toilets in Parks: Peering into the Vault
Ministry of the Environment
In conducting the investigation, MOE reviewed the Ontario Parks environmental park management system
and inspected all parks referenced in the Environmental Bill of Rights, 1993 application. Ontario Parks conducts
sanitation audits on a three-year cycle at every park, using a comprehensive guide. MOE inspections were carried
out to ensure the specific sewage systems were maintained to meet maximum daily sewage flow as approved by
MOE. MOE routine inspections of parks are conducted using a risk-based approach.
Ministry of Natural Resources
The ministry has complied with the required actions resulting from the MOE investigation conducted in 2010 into
the septic systems at 12 parks. In March 2011, the ministry shared the investigation results with all operating parks.
Park Superintendents were advised that all operating parks must comply with the ten required actions identified.
The MISA Wastewater Regulations: A Review is Overdue
Ministry of the Environment The Municipal-Industrial Strategy for Abatement (MISA) industrial regulations continue to provide environmental protection and have resulted in sharp drops in contaminant loadings and effluent toxicity from regulated industries. MOE’s approval and abatement programs also ensure that additional requirements can be imposed and enforced.
MOE continues to work on improvements for managing municipal wastewater under the Canadian Council of Ministers of the Environment Municipal Wastewater Strategy, including engaging with the federal government on a regulation that would mandate secondary treatment and action on chlorine and ammonia toxicity, and future policy to reduce industrial effluent to sewers.
Other initiatives including the implementation of the Toxics Reduction Act, 2009 and the development/ commercialization of new water technologies through implementation of the Water Opportunities Act, 2010 will help further reduce discharges from industrial and municipal sources.
Up the Creek Without a Paddle: Confirming Historic Canoe Routes
Ministry of Natural Resources'
MNR applied section 63 of the Environmental Bill of Rights, 1993 in relation to this request and responded with a
notice of determination.
MNR does identify important canoe routes and portages as values and where appropriate includes protection measures when developing and implementing forest management plans.
Part 8 – The Environmental Bill of Rights, 1993 in Practice
Keeping the EBR in Sync with New Laws and Government Changes
Ministry of Agriculture, Food and Rural Affairs:
OMAFRA consulted broadly on proposed animal health legislation including through the Environmental Registry
and will continue to post notice of proposals for environmentally significant regulations. Prescribing the Animal
Health Act, 2009 under the Environmental Bill of Rights, 1993 for all environmentally significant regulations,
applications for review and investigation, is not appropriate given the Act’s varied purposes and subject matter.
Ministry of Municipal Affairs and Housing Posting all amendments to the Building Code regulation on the Environmental Bill of Rights, 1993 could cause delays in amending the Building Code where changes are made to the requirements affecting issues of public safety. MMAH currently has a well-defined and transparent method of consulting on proposed Code changes which provides opportunities for the Ontario public to contribute to decision making.
Ministry of Natural Resources
MNR is committed to prescribing the Far North Act, 2010 under the Environmental Bill of Rights, 1993. Seeking
opportunities to post notices on the Environmental Registry will continue to be a priority.
Some MNR instruments are not prescribed, given the consultation opportunities provided through other
processes, such as MNR’s Class Environmental Assessments and water management planning.
Ministry of Tourism and Culture
Since 2006, MTC has maintained it will not prescribe the Ontario Heritage Trust (OHT) for Environmental Bill of
Rights, 1993 purposes. MTC’s rationale is that ministries are responsible for policy matters within the scope
of the EBR. Since MTC is prescribed, it is not appropriate that the OHT, an agency that administers and implements
MTC policies and programs, be prescribed.
Open for Business, Closed to Public Comment: Omnibus Legislation and the EBR
Ministry of Economic Development and Trade
MEDT recognizes the importance of effective consultation. Throughout the development of the Open for
Business Act, 2010, stakeholders were consulted and had the opportunity to provide input as part of public
consultation and public hearings. The Act introduced proposed amendments to various legislation. No proposed
amendments to statutes administered by MEDT were of environmental significance. Proposed amendments to
statutes administered by other ministries were posted where they had environmental significance. MEDT remains
committed to meeting its obligations under Environmental Bill of Rights, 1993 when making decisions that might
significantly affect the environment.
Ministry of the Environment
MOE is committed to ensuring that there is sufficient opportunity for public notice and consultation on the
Environmental Registry. In regard to proposed legislative amendments related to the Modernization of Approvals
initiative, MOE sought to maximize the opportunities for public comment by posting a discussion paper on the
proposed framework prior to introduction followed by a proposal notice. MOE continues to make every attempt
to, in a timely manner, post relevant legislation once it has been introduced in the Legislature.
Ministry of Natural Resources
MNR will continue to post proposed amendments to legislation that are environmentally significant to the
Environmental Registry.
Don’t Leave Them Hanging: ESA Instrument Proposals on the Environmental Registry
Ministry of Natural Resources
MNR has streamlined its standard submission process to reduce delays in posting decision notices for permits
and agreements. To improve transparency and supplement what is available on the Environmental Registry, MNR
will post additional information about every permit and agreement on the ministry website
Reviews of Unposted Decisions
Ministry of Natural Resources
The Declaration Orders require MNR to maintain the Provincial Wildlife Population Monitoring Program Plan
and make it available to the public. As added to the updated program plan (2010), MNR will undertake annual
program reviews and more formal reviews every five years. The first review of the 2010 program plan will be
posted on the Environmental Registry seeking public input.
MNR will also discuss the ECO’s comments regarding posting proposals and decisions during the current amendment process for the Declaration Orders.
Ministry of Northern Development, Mines and Forestry
MNDMF is committed to fulfilling its legal responsibilities to consult the public on environmentally significant
policies, acts or regulations and will continue to post accordingly on the Environmental Bill of Rights, 1993. As was
stated in the ministry’s letter to the ECO of April 11, 2011, the only amendment of environmental significance
was included in the workbook entitled “Ontario’s New Mining Act, Workbook on Development of Regulations,”
which was available for comment for a period of 130 days. No notice of decision has been posted on the Registry
because many of the proposals contained in the workbook have not yet been implemented.
Use of Information Notices
Ministry of Natural Resources
MNR will use the comments received from the information posting, along with input gathered during five
facilitated public meetings and face-to-face discussions, to inform development of a draft caribou habitat
regulation which will be posted as a proposal notice on the Environmental Registry. MNR will provide several
more opportunities for public and Aboriginal input and comment in this multi-stage consultation process, and
the Environmental Registry will continue to be part of that.
| This is an article from the 2010/11 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article:
Environmental Commissioner of Ontario. 2011. "Engaging Solutions Appendix C: Ministry Comments." Engaging Solutions, ECO Annual Report, 2010/11. Toronto: The Queen's Printer for Ontario. 155-171.
