Environmental Assessment…

Environmental Assessment Modernization

The period for comment and review on such an important issue (a series of issues) is unacceptable, but not unsurprising given the poor track record of the Premier and his caucus on the general lack of interest in hearing the Ontario public’s voices and opinions. This is simply not a part of a “Get it Done” bill; this is a how to make the whole process unintelligible even for planners and other experts.

Please consider this my personal response to the MCEA proposal and in general the overall EA Modernization proposal, but keep in mind that there has not been enough time to untangle all the issues that could arise out of such a proposal.

First and foremost, the proposal will not provide enough time to engage meaningfully with First Nations. It would appear that the Ontario government is pursuing a mandate that drastically reduces its obligations for the duty to consult. First Nations have to be consulted, and in a meaningful and respect manner. How will the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) (2007) be taken into account with the new EA proposal? Ontario’s EA Modernization proposal should be focussing on the amendment to the EA Act in order to comply with UNDRIP and especially Articles 19 and 32.

The first assault on the Environmental Assessment Act came at a time when both First Nations and the public were scrambling to come through the Covid pandemic alive and healthy. I understand that this was an economically challenging time, but these were permanent changes to the EA process and not an emergency response only situation. They were not stood down after the crisis.

The list of questions that spring to mind are innumerable, but for a start:

1) how is the new EA proposal going to keep on the right side of the law with the Ontario Heritage Act? It would appear to offer no clear direction on undiscovered archaeological sites and burials (both First Nations and Settlers). Impacts under the Heritage Act engender consequences and fines. This Modernization would contravene the Heritage Act if impacts to sites/burials were to occur.

I have more than enough concerns about the Project List approach, whereby it would remove extremely important requirements from significant infrastructure projects:

i) All municipal roads or new parking lots in any location, reconstruction of any bridges with or without cultural heritage value, all water crossings; and

ii) All private sector infrastructure projects for residents of a municipality regardless of size, including a new sewage treatment plant of any size.

These are large and significant projects and require that the whole process should be enacted. To remove these from the process is short sighted and frankly, dangerous. Short term gain for long-term mess.

2) How will the new proposal work when burials, archaeological sites and heritage features are impacted during one of these streamlined projects?

First Nations are going to be inconsolable, especially where burials are concerned. Treaty Rights must be upheld. The Ontario government is setting itself up for numerous lawsuits, Indigenous protests, and blockades. Charging ahead trying to “Get it Done” will result in major delays, cost over runs, and create irreparable harm to whatever relations the Ontario government has with the First Nation communities in Ontario. These have not been taken into account ahead of time.

3) How will Ontario justify these short term gains to the general voting public? Premier Ford has already created a bad relationship with the general public over the Greenbelt fiasco, when in 2018 he indicated that he would never touch the Greenbelt. Move forward to 2023 when he indeed tried to take a large chunk of the Greenbelt out of its protection designation. What is the general public to believe from this Ontario government, which listens more to developers than to its citizens?

4) How is this new proposal anywhere near addressing peoples’ concerns about climate change? Housing is an issue, but building mansions and suburbs, and then constructing more roads and infrastructure to service this new sprawl is not viable or sustainable. The natural environment is so fragmented, that really the EA process needs strengthening not weakening as it appears that the Ford government is attempting to do.

The list goes on and all I can say again, is shame, shame on Doug Ford, and this government. Indigenous communities need to be heard. There has to be a sustainable way forward that is not in the pockets of developers and strengthens the ties to the natural environment, and does not erode it. The Environmental Assessment Act was enacted for very good reasons, by knowledgeable people. It does not need weakening because of political machinations.

Thank you,
Jacqueline Fisher