We would like to thank all of those who came to the Environmental Commissioner of Ontario’s booth at the Green Living Show last weekend to learn about your rights under the Environmental Bill of Rights, 1993 (EBR). Many of those who came to our booth had questions. Here are some of the typical queries and their answers.

1. What do you do? What is this all about?
2. Are you part of the Ministry of the Environment?
3. How many people are in your office?
4. Are these books on your rack free?
5. You say we can comment on proposed government decisions. How do you ensure the ministries consider our comments?
6. There is a litter problem in our neighbourhood park. My mom and I have to pick up garbage there every two weeks. How do I stop this littering problem?
7. I am a high school teacher. What are some great resources for my students?

1. What do you do? What is this all about?
Required by a law called the Environmental Bill of Rights, 1993 (EBR), the Environmental Commissioner of Ontario (ECO) is an independent officer appointed by the Legislative Assembly of Ontario. His role is comparable to the Auditor General, the Ombudsman, and the Information and Privacy Commissioner, in that he is non-partisan and is an arms-length officer of the Legislative Assembly of Ontario. The ECO oversees 13 Ontario ministries’decision making as those decisions relate to the environment.The ECO monitors and reports on the 13 ministries’ compliance with the EBR, the government’s progress in reducing greenhouse gas emissions and its actions towards achieving greater energy conservation at all three levels of government. The current Commissioner is Gord Miller, who is in his third 5-year term.The EBR allows residents of Ontario to participate in environmental decision making in three main ways:

• The Environmental Registry: The Registry is a website database where the government is required to post for public notice information about proposals, decisions and policy changes that affect the environment. You have the right to comment on these proposals and the ministries must explain the effect your comments had when making their final decision.
• Application for an Investigation: Any two residents of Ontario who believe that a prescribed Act, regulation or instrument has been contravened may apply to the Environmental Commissioner for an investigation of the alleged contravention by the appropriate ministry.
• Application for Review: Any two residents of Ontario who believe that an existing policy, Act, regulation or instrument of Ontario should be amended, repealed or revoked in order to protect the environment may apply to the Environmental Commissioner for a review of the policy, Act, regulation or instrument by the appropriate ministry. Any two residents of Ontario may also request a new policy, Act regulation or instrument in order to protect the environment.

2. Are you part of the Ministry of the Environment?
No, the ECO is not a part of the Ontario Ministry of the Environment. In fact, the Ministry of the Environment is one of 13 ministries, prescribed under the EBR, which the ECO oversees.

3. How many people are in your office?
There are 24 staff in our office including the Commissioner.

4. Are these books on your rack free?
Yes. The ECO releases three annual reports each year: the Annual Report, the Annual Greenhouse Gas Progress Report and the Annual Energy Conservation Progress report. The ECO also releases special reports as he sees fit. In 2012, the ECO released two special reports:  Biodiversity: A Nation’s Commitment, an Obligation for Ontario and Ready for Change? An assessment of Ontario’s climate change adaptation strategy.All of the ECO’s publications are available free of charge to the public. There are a limited number of paper reports and USBs (containing PDF versions of our reports) available. EPUB and PDF reports are always available for download on our website.

5. You say we can comment on proposed government decisions. How do you ensure the ministries consider our comments?
A minister who gives notice of a proposal on the Registry must consider the comments in reaching a decision. It is the ECO’s role to ensure ministries prescribed under the EBR comply with these rules by way of monitoring the Registry and reviewing all comments.

6. There is a litter problem in our neighbourhood park. My mom and I have to pick up garbage there every two weeks. How do I stop this littering problem?
Congratulations on helping to preserve the environment through your individual action. Litter and waste management are a municipal issue so you want to contact your local councillor and/or your local Public Works department to see what can be done.

7. I am a high school teacher. What are some great resources for my students?
You might start by looking through our Annual reports, Energy Conservation reports or Greenhouse Gas reports which are available on our website. There are many articles that relate to your curriculum. Sample articles from the 2010/11 Annual Report are:
Snapping Turtles: To Hunt or Protect?
What a Waste: Failing to Engage Waste Reduction Solutions
Less and Less: Budgets for MOE and MNR not Meeting Needs
Shale Gas and Hydraulic Fracking
 Print This Post

The government of Canada has announced the end of the ecoENERGY home retrofit program, effective immediately, citing fiscal constraints. The popular program (which was previously matched by the Ontario government) helped homeowners cover part of the cost of energy efficiency retrofits such as a more efficient furnace or improved insulation.

As part of my statutory role in reviewing conservation initiatives in Ontario, I have previously reviewed the results of the home retrofit program. In its first three years, the program raised awareness of conservation among homeowners, with more than 150 000 Ontario households undertaking at least one energy efficiency action through the program and reducing their energy bills. Most retrofits led to a reduced use of natural gas for space heating, therefore the program also had an impact in reducing greenhouse gas emissions. However, I did note that the bulk of Ontario’s buildings had yet to be retrofitted (the program had reached only 4% of Ontario’s housing stock), and that the Ontario government’s lack of analysis as to the benefits of the program made it vulnerable to cancellation.

While disappointing, the federal government’s action is not surprising given the hints of restraint from Ottawa and Queen’s Park: a daily shock doctrine to prime taxpayers for release of the governments’ spring budgets. The Ontario government had already withdrawn its contribution to the home retrofit program, as well as cancelling energy conservation programs in other sectors. In this time of fiscal deficits, there will be pressure for further cuts, despite the very small percentage of public spending devoted to the environment (for example, the combined budgets of the Ministries of the Environment and Natural Resources accounted for less than 1% of Ontario’s budget in 2010/11). The former Ministry of Energy and Infrastructure also accounted for less than 1% of the Budget (and a fair portion of this was money spent on infrastructure as opposed to energy programs).

I expect more environmental programs to come under threat in the near future, regardless of the long-term consequences. As I have said previously, at some stage we will reach a tipping point. Beyond this threshold, we will lose meaningful policy and program capacity in these ministries for the sake of spending reductions that can really have no substantive impact on the deficit.

• Download the ECO’s 2010/11 Annual Report Engaging Solutions (.pdf).
• Download the Supplement to the Annual Report (.pdf)
• Click to download the Commissioner’s Remarks to the Legislature (.pdf)

(Toronto, November 29, 2011) Ontario’s Environmental Commissioner is worried that Ontario has lost momentum when it comes to the province’s pressing environmental issues.

In his 2010/2011 Annual Report “Engaging Solutions” released today, Gord Miller says there’s no shortage of talk about the problems such as climate change, waste diversion, and the loss of biodiversity. “But when it comes to doing something” says Miller, “there doesn’t seem to be a lot actually happening.

The Environmental Commissioner cited a number of examples of this lack of inertia in his annual report:

• On waste, the Ministry of the Environment has written four different reports and discussion papers outlining options for increasing waste diversion in the province. But this has resulted in little action on what Miller says should be one of the government’s top environmental priorities.

• On species-at-risk, the Ministry of Natural Resources is not doing enough to protect and recover species at risk. Much of what the ministry is doing has become an empty bureaucratic exercise that does little on-the-ground to tangibly benefit endangered species.

• On funding, the Government of Ontario has passed notable legislation such as the Lake Simcoe Protection Act, 2008, the Endangered Species Act, 2007 and the Green Energy Act, 2009, but has not given the Ministry of Natural Resources and the Ministry of the Environment the additional resources they need to oversee and monitor new legislation while also covering their previous core responsibilities.

• On the Great Lakes, lengthy negotiations between Ontario and the federal government threaten to paralyze progress towards further clean-up, and Ontario is allowing its existing policy tools to idle. Meantime, the Obama administration has promised $2.2 billion over 5 years.

Miller says this lack of action is not accidental: it’s actually the goal of critics of environmental protection. “We respond to people who say they don’t believe there’s a problem”, says the Environmental Commissioner, “by going back to the research findings to debate and explain it all over again. And then, when it looks like progress is being made, others say the proposed solutions won’t work, or are too costly. And so we go back to the beginning again.”

“We have to find a way to get to a point of action on these issues” says the Environmental Commissioner. “We don’t see ourselves as having a culture of inaction and procrastination. Yet that would be a fair criticism from any impartial observer.”

The Environmental Commissioner of Ontario is appointed by the Legislative Assembly to be the province’s independent environmental watchdog, reporting publicly on the government’s environmental decision making.

Click here to download the full report (.pdf).

Accompanying media releases:

MOE and MNR Can’t Handle Core Responsibilities

Ontario Government Failing Endangered Species

Government Failing to Reduce Ontario’s Waste

• Download the full report (.pdf).
• Download the Supplement to the Annual Report (.pdf)
• Click to download the Commissioner’s Remarks to the Legislature (.pdf)