Environment

Ontario Government will amend Endangered Species Act to reflect how the Ministry of Natural Resources actually works: without regard for science

March 29th, 2012 by Paula Boutis

The Ontario Government released its budget on March 27, 2012.  In it, it stated the following:

Ministry of Natural Resources Transformation

To enable the Ministry of Natural Resources to transform the stewardship and conservation of Ontario’s natural resources in the most fiscally responsible way, the ministry is proposing to:

  • transform key parts of its legislation, regulations, policies and guidelines with a view to streamlining and automating permitting processes and requirements;
  • conduct resource management with a stronger regional focus and fewer field offices; and
  • redesign its science and delivery activities to shift away from a species-by-species approach to a risk-based ecosystem/regional approach.

The Province is proposing amendments to the Endangered Species Act that maintain its commitment to protecting species at risk while streamlining approvals and permitting.

Earlier this year, we wrote about Sierra Club Canada’s application in the courts challenging the first permit issued to harm species at risk and/or their habitat under the Endangered Species Act (Act) After a loss at the Divisional Court, Sierra Club Canada sought leave to appeal to the Court of Appeal, which was denied.

As counsel for Sierra Club Canada, I had an in‑depth look at how the first permit was issued to harm species or their habitat for the Windsor Essex Parkway (WEP).  I can certainly attest to the fact that a lot of work was done by the Ministry of Natural Resources in “going through the process” required by the Act; but it was Sierra Club Canada’s conclusion, that when viewed objectively, one would be hard pressed to say that there would be no jeopardy to the recovery or survival of certain of the species at risk affected by the WEP, as the Endangered Species Act requires.  In particular, this was Sierra Club Canada’s view for three species affected by the project, Eastern Foxsnake (Carolinian Population), Butler’s Gartersnake, and Colicroot, a plant species.

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Paula Boutis and David McRobert in OBA’s ENVIRONEWS

March 15th, 2012 by Iler Campbell LLP

In the current issue of the Ontario Bar Association’s ENVIRONEWS, Paula Boutis and David McRobert describe their recent application to the Environmental Commissioner of Ontario that advocates for legislation mandating funding for participants and intervenors in various statutory hearing processes. The law would improve on similar legislation that existed in Ontario from 1988 to 1996. We previously wrote about this here and here.

Read the article (pdf).

David McRobert is co-author of another article (pdf) in the issue. He and Tyler Edwards consider whether an over-emphasis on recycling – to the detriment of reducing and reusing – has contributed to the waste management and broader societal problems that we are facing today.

Drummond Report could further erode environmental assessment in Ontario

March 8th, 2012 by Laura Bowman

The Drummond Report, Public Services for Ontarians: A Path to Sustainability and Excellence (pdf), recommends numerous changes to Ontario’s environmental protection regime that, if adopted, could fundamentally change environmental protection in Ontario.

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Ontario’s wetlands framework needs revision

February 3rd, 2012 by Laura Bowman

Ontario Nature, Earthroots, Ecojustice and Ducks Unlimited released a report this week on Ontario Wetlands: Protecting Greenbelt Wetlands: How Effective is Policy.

Many of the report’s suggestions relate to better interdepartmental and intergovernmental decision-making integration.  Others propose more measurable and defensible standards in the approvals process.

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David McRobert and Paula Boutis Propose an Ontario Participant and Intervenor Funding Act

January 30th, 2012 by Iler Campbell LLP

In August David McRobert and Paula Boutis asked if it was time for Ontario political parties to revisit the issue of intervenor funding and access to environmental justice. They have followed up and made an application under the Environmental Bill of Rights requesting a review of existing laws, regulations and policies related to public participation and hearings under the Environment Assessment Act and other environmental and planning laws.

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Sage-Grouse petition ignored by federal government

January 18th, 2012 by Laura Bowman

Ecojustice filed a petition in November demanding that federal Environment Minister Peter Kent issue an emergency order to protect a sagebrush prairie bird from extirpation from Canada.  They relied on provisions in the federal Species at Risk Act (SARA) (section 80(2)) allowing the Minister to recommend emergency protection of the endangered Sage-Grouse and stop further human disturbance in the habitat the birds need to survive. The petition, sent on behalf of an international coalition of 12 environmental groups, demanded that the Minister respond by Jan. 16.

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