SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
March 2, 2023 09:00AM
  • Mar/2/23 2:10:00 p.m.
  • Re: Bill 69 

My friend from Oakville said on several occasions that there’s no impact to environmental assessments.

I just want to direct his attention and hear some comments about schedule 1, where this bill actually allows the environmental minister to waive the 30-day waiting period that’s currently required following the end of the class EA assessment.

I’m wondering, am I not reading the legislation correctly, member? Is there not a significant change that would allow some—

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  • Mar/2/23 2:20:00 p.m.
  • Re: Bill 69 

Good afternoon, everyone. I will be sharing my time with my dynamite colleague MPP Bowman.

The government has big ambitions to cut red tape—and I do like the colour red, to the member of Oakville. What I am scared of is the green tape they might cut along the way.

I am open to hearing about Bill 69. I agree that we should modernize the environmental assessments process, because as we’ve heard umpteen times, it hasn’t been updated in 50 years. What I am not sure of is if waiving the 30-day assessment period between when comments are given during the environmental assessment and when it can proceed is the way to do so.

Limiting the ability to extend comment periods may jeopardize meaningful consultation on projects. Short consultation periods may unfairly affect environmental groups that do not have enough full-time staff to compile research and responses. Believe me, these environmental groups have been scrambling to keep up with what’s happening with this government lately. We have already seen the government suspend these 30-day periods to fast-track its projects, and it seems the bill, if passed, will turn that pattern into law. These periods allow for a thriving and healthy democracy, where Ontarians can have a say on various projects. We must allow for more input from the public, not less, and have ample time to digest the comments made and, if needed, action them to ensure our beautiful environment is protected.

Let’s imagine a scenario where an Ontario environmental expert submits an important suggestion on the last day of the comment period. The government would have no obligation to understand or action the useful advice given.

This all comes after the government has already eliminated the role of our vital conservation authorities in building regulation with Bill 23.

Why doesn’t the government want to utilize the skill set and knowledge of these experts? They continue to give themselves more power and authority, spreading their resources too thinly and creating a system where things fall through the cracks without the tape to keep it in place.

This bill does seem small and administrative; however, it could have potentially damaging effects. It’s a slippery slope for environmental protections, and I must assess and evaluate Bill 69 knowing the government’s track record on maintaining and strengthening said environmental protections.

Similar to Bill 23, Bill 69 is proposing the removal of the need for expertise in place to protect Ontarians from future disasters and financial burdens. Advice and consultation is essential in being proactive to combat emergency preparedness and climate adaptation.

We saw the role of conservation authorities dwindled down by Bill 23.

Conservation authorities were created following the disaster of Hurricane Hazel. This tragedy embarks a memory of Ontario’s past that should not be forgotten. In 1954, over 1,000 homes were destroyed or seriously damaged. The flooding of these homes built on flood plains contributed to the death of 81 Ontarians. As a result, conservation authorities were designated duties to protect and regulate land for the safety of communities. They were one piece of a larger puzzle to protect the ecosystem and environment we have and love in this province.

I worry about the ramifications of Bill 69 now, knowing that the government so readily removed the expertise of conservation authorities in the building process.

By introducing Bill 69, we are taking away protective measures in place for our constituents. I cannot sit back and watch, yet again, the advice of the experts with extensive knowledge on how to protect us be ignored by this government. How are we going to strive to protect our homes and our environment if we continue to take shortcuts? Think about your residents. Without consultation advice from environmental experts, our government will only contribute to the ongoing risks and harm towards the environment.

We know from the Insurance Bureau of Canada that insurance claims from severe weather have more than quadrupled over the past 15 years and that 10% of homes in Canada are now uninsurable relative to flood protection.

Building in certain areas without sufficient environmental consultation will cost the government and Ontarians in the long run.

Bill 69 may speed up the process of getting things built, but we may lose something critical along the way.

At this point, I would like more information about Bill 69—so much that earlier this week, my office contacted the Ministry of the Environment, Conservation and Parks for a briefing. Unfortunately, the ministry told me they were unable to accommodate a briefing at this time. If they are unable to accommodate a briefing at this time, how will they be able to make comments on environmental assessments within the current additional 30 days? I worry about them managing their workload. Thankfully, the Ministry of Infrastructure has agreed to do a briefing.

At this point, in 2023, the risk is too high to eliminate any tools we need to protect the environment and the people of Ontario from emergencies. We may be cutting red tape, but at what cost? Building sustainably with proper care and consideration of our environment protections is the right and fiscally responsible thing to do.

I’m handing over my time to my colleague.

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  • Mar/2/23 2:30:00 p.m.
  • Re: Bill 69 

Again, returning to my friends from the Liberal caucus: I think it is worth thinking about the context of the last four years. We’ve been asking this question about environmental assessments and the importance of them. We’re seeing that schedule 1 of this particular bill gets rid of that 30-day waiting period, and I’m wondering if you have any examples from your own communities about when having that 30-day waiting period could actually add some value—in seeing that moving ahead with something may not be in the public’s best interest.

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  • Mar/2/23 2:40:00 p.m.
  • Re: Bill 69 

It is a pleasure to rise today on behalf of the people I represent in London West to participate in the debate on Bill 69, the Reducing Inefficiencies Act.

Speaker, this is a bill that the government claims, in its news release, will reduce red tape, save taxpayer money, and boost economic growth. Yet in the six hours of debate we have had so far in this place, we have heard absolutely no evidence from the government that the measures set out in this bill will achieve those goals.

This is a relatively straightforward bill. There are two very distinct schedules. Schedule 1 deals with the 30-day waiting period for class environmental assessments. Schedule 2 deals with the government’s real estate holdings—certain real estate holdings—and the holdings that are held by prescribed entities.

We have some concerns about these measures, as innocuous as they appear, because we have seen this government in action.

It’s interesting to read the press release that accompanied the government’s introduction of this legislation, in which they state that schedule 1 is necessary because the environmental assessment process is too slow, too costly and too burdensome. They also state that schedule 2, the schedule that deals with real estate holdings, will address the 2017 Auditor General’s report. I’m going to go through those two statements in some detail and explain why we have reservations, why we have concerns, and why we will not be supporting this bill.

Schedule 1, as I said, changes the 30-day waiting period for environmental assessments because the government feels that environmental assessments are burdensome red tape. That is not a view we share, and I can tell you that is not a view that is shared by the vast majority of people in this province, as we live in the midst of a climate emergency that is just getting worse.

We heard, interestingly, from a member across the way earlier this afternoon that this bill actually changes nothing with the environmental assessment process, which is curious to understand—if that was the case, why the government would bring in legislation that apparently the government believes will do nothing. But that’s another issue.

When we read the legislation, we see that schedule 1 of the bill allows the minister to waive the 30-day waiting period that is currently required under the Environmental Assessment Act.

Let’s review why the Environmental Assessment Act includes a 30-day waiting period. That period provides the minister with time to consider public comments that may be received after a class environmental assessment process, before making a decision whether to issue an approval to proceed. Waiving this waiting period would mean that the minister doesn’t really see any point in taking those 30 days to consider those comments. We know that the Environmental Assessment Act was introduced in this province decades ago in order to provide that important opportunity for sober second thought to assess the impact of environmental projects on the environment, sensitive wetlands, flood plains and other public places. This schedule just waives that 30-day waiting period and allows the minister to move much more quickly than they would have in the past.

I do want to make the proviso that we have seen this government repeatedly ignore public input, so I have to say that in many ways what this schedule does is to allow the government to just ignore public input faster. They can ignore it from the day that it is provided, rather than having to wait 30 days before they decide to ignore what the public has to say.

We also have seen this government twice be found by the courts to have violated the Environmental Bill of Rights in terms of the notice period that they give the public on matters affecting the environment. They have also violated the Environmental Bill of Rights in terms of the public’s right to have their comments considered by the government prior to the government making a decision or introducing legislation. We saw this numerous times under the Ford government, with legislation that has been brought in either before the 30-day waiting period has ended or without any regard to the responsibility to put legislation out for public input before it is passed.

I want to quote Environmental Defence’s Phil Pothen, who is the Ontario program manager—a great champion of the environment and an honest critic of this government. He has raised the concern about the elimination of this 30-day waiting period, that it’s worrisome, because, he says it’s a time when the minister is supposed to be considering—by legislation—and the public is supposed to be debating, whether to refer a project for a more detailed assessment. I understand that in response to some of these concerns that were raised by Environmental Defence, the environment minister’s office clarified that large transit projects in this province—not to worry—would likely still be subject to a full environmental assessment. The government also reassured Ontarians that the waiting period would only be waived in certain circumstances. I have to say that that is cold comfort to the many Ontarians who have seen the track record of this government in taking into account the impact of their legislation and policy decisions on the environment, and in particular the environmental assessment process.

This is a government that, in 2020, completely overhauled the environmental assessment process, completely eroded the protections that had been built into the environmental assessment process with Bill 197. That bill said that public sector projects which previously had been automatically subject to an environmental assessment would now only need one if the government decided that it was necessary. That bill also eliminated the mechanism that citizens had available to them to call on the Minister of the Environment to conduct a full assessment on projects that would otherwise be exempt. Under that legislation, which this government passed, prior to the 30-day period that was required by the Environmental Bill of Rights, there is no longer that ability to conduct an environmental assessment on projects that are exempt.

Frankly, as I mentioned, we are in a period in our history when we are facing a dire climate emergency.

I want to give a shout out-to the people of London, to the city councillors in my community of London. London was one of the first communities in Ontario to actually issue a formal declaration of climate emergency. That was back in April 2019. Londoners take the responsibility to act on the climate emergency very seriously. There has been an extensive period of public consultation since that declaration of climate emergency was issued in London. And just last year, a climate emergency action plan was released that outlines more than 200 specific strategies and actions to deal with the impact of climate emergency, to deal with those extreme weather events that are causing catastrophic flooding, freezing rain, extreme temperatures and heat waves that are creating so much pressure on our health and food security in this province.

Also, we heard this morning about Windsor—you can’t even get insurance anymore in Windsor. The cost has just skyrocketed because of the impact of the severe flooding that community has experienced, which has caused billions of dollars in property damage.

We have an obligation to take our responsibility to deal with the climate emergency seriously. And what does this bill do? It further waters down Ontario’s environmental assessment process. That is one of the reasons why the official opposition is so concerned about this bill.

The other schedule of Bill 69, as I said, deals with certain real estate holdings of a number of arm’s-length corporations of the Ontario government.

It’s interesting that the government claims that this bill was drafted in order to address some of the specific recommendations that the Auditor General had made in a 2017 report. I have that report in front of me, and I was curious to know what those recommendations were that the Auditor General had made dealing with Infrastructure Ontario real estate services. What the Auditor General pointed out in that report were numerous problems, a litany of problems, related to Infrastructure Ontario’s oversight of its real estate holdings, and most of those problems that are outlined in the Auditor General’s report concern the policies and processes set in place by Infrastructure Ontario. Yet this government’s response, apparently, to that report is to bring in 14 of the 34 agencies that currently manage government-owned property under the auspices of Infrastructure Ontario, the very agency that was highlighted by the Auditor General as having completely inadequate controls on its management of real estate services.

What were some of the things that the Auditor General highlighted in her report? She highlighted that the design of the RFP approach by Infrastructure Ontario—

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  • Mar/2/23 4:10:00 p.m.
  • Re: Bill 69 

I really want to thank the MPP for Spadina–Fort York for reminding us of some of the environmental disasters that we are still paying the price for and reminding us of the importance of why environmental assessments are in place.

I also just would like to highlight that this is a government that doesn’t believe in environmental assessments and calls them burdensome. The Minister of the Environment said that, in fact, they’re nonsensical this morning. And they’ve exempted themselves from the Bradford Bypass, a huge highway project that goes through the greenbelt, that bisects rivers, that goes through the Holland Marsh, and they don’t feel that an environmental assessment is necessary.

It’s bad enough that they disrespect the environment, but the fact that people take the time to care about their community, they take the time to give public comment, and this government is clearly thumbing their nose at them by deciding that they will not take that into account when they make their decision.

Would you like to speak a little further on how people feel outraged by the betrayal of the environment and of their transparent opportunity to have public input into their communities?

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  • Mar/2/23 4:50:00 p.m.
  • Re: Bill 69 

The presentation was extremely helpful. I wanted to share with you an experience I’ve had at city council where I’ve seen different types of environmental assessments placed before different Ministers of the Environment in different administrations and, depending on the type of assessment and what the cities were oftentimes asking for, you would get different speeds of response. For example, assessments around bike lanes or perhaps sidewalk widening and inclusion of bike lanes and road narrowing—it takes a long time for any Minister of the Environment to come out and approve it. Assessments with respect to urban sprawl that may have impact on endangered species or perhaps has impacts on flood protection, sometimes that happens a little quicker.

But in this legislation, the schedule allows the minister to use discretion on whether or not she then waives the 30-day notice, but there’s no prescription to what would lead them to that decision. Does that trouble the member of the House?

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