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.

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

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.

Continue reading “Drummond Report could further erode environmental assessment in Ontario”

Canadian Nuclear Safety Commission Participant Funding Announced

March 1st, 2012 by Iler Campbell LLP

The Canadian Nuclear Safety Commission participant funding program (pdf) was introduced in the 2011 federal budget bill.  Amendments to the Nuclear Safety and Control Act allow participants in CNSC hearings to apply for funding under the program.

Continue reading “Canadian Nuclear Safety Commission Participant Funding Announced”

Tools videos are online!

February 23rd, 2012 by Iler Campbell LLP

Our one-day conference jam-packed full of workshops for progressive organizations and individuals has come and gone, but if you’d like to see what you missed, review a talk you loved or share one with a friend or colleague, we’ve just put videos of many of them up online.

Continue reading “Tools videos are online!”

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.

Continue reading “Ontario’s wetlands framework needs revision”