Environmental Commissioner to intervene in precedent-setting EBR case
(Toronto, November 7, 2007) The Environmental Commissioner of Ontario announced today that his office will be applying to intervene in a case that will have long-lasting impacts on future environmental decision-making in the province.
"My office has a direct interest in ensuring that the Environmental Bill of Rights (EBR) is interpreted in a way that is consistent with the Province’s stated commitment to protecting, conserving and restoring the natural environment," the Commissioner, Gord Miller, stated.
Lafarge is seeking to quash an April 2007 decision of the Environmental Review Tribunal (ERT) which allowed environmental groups to appeal its plan to test burn alternative fuels in Bath, Ontario. Lafarge is suggesting that the ERT made an error when it decided that the Ministry of the Environment (MOE) Statement of Environmental Values is part of the "relevant law and ...government policies" developed to guide ministry decision-making.
Miller notes that his office "has consistently taken the position that MOE officials and staff are required to consider the MOE’s Statement of Environmental Values when they make decisions on approvals such as those that were granted to Lafarge." He decided to intervene in the action because he has serious concerns about the implications of Lafarge’s arguments for MOE's decision-making on approvals.
Part of the mandate of the Commissioner is to maintain the effectiveness of the rights and tools the EBR provides to private citizens to ensure that the integrity of the environment is protected. He has a special mandate to educate the public about and promote the use of the EBR, including ministry application of the Statements of Environmental Values and the right to file leave to appeal applications.
For further information, contact:
Hayley Easto, Communications and Outreach Coordinator
Office of the Environmental Commissioner of Ontario
Tel: (416) 325-3371
Toll-free public inquiry line: 1-800-701-6454
E-mail: media@eco.on.ca