CELA files an application for review after Ontario’s decision to ”scrap” Cap and Trade

Recent development about the EV incentives cancellations in Ontario.  It seems that the Ontario government has not respected the Environmental Bill of Rights.  Canadian Environmental Law Association counsels Jacqueline Wilson and Richard D. Lindgren filed an Application for Review of the Part IV), Environmental Bill of Rights.

The Canadian Environmental Law Association (CELA) is a non-profit, public interest organization established in 1970 to use existing laws to protect the environment and to advocate environmental law reforms. Funded by Legal Aid Ontario, CELA is one of 76 community legal clinics located across Ontario.

Source : Application for Review to the Ministry of the Environment, Conservation and Parks

General Information About This Application
Under section 67 of the Environmental Bill of Rights, 1993 (EBR), the minister must consider each Application for Review in a preliminary way to determine whether the public
interest warrants a Review of the issues raised in your Application. Among other factors, the minister must consider:
1. The ministry Statement of Environmental Values;
2. The potential for harm to the environment if the Review applied for is not undertaken;
3. The fact that matters sought to be reviewed are otherwise subject to periodic review;
4. Any social, scientific or other evidence that the minister considers relevant;
5. Any submission from a person who may be directly interested in the Review who has been notified about the Review;
6. The resources required to conduct the Review; and
7. Any other matter the minister considers relevant.

REASONS FOR REQUESTED REVIEW
The Applicants submit that O.Reg.386/18 (“the Regulation”) should be immediately
reviewed and revoked on the grounds that:
1. The Regulation was not subject to public notice and comment under the EBR and the Minister did not consider the public’s comments prior to its passage, which is
in direct contravention of the mandatory duties imposed under Part II of the EBR in relation to public participation.
2. As a matter of law, the Minister’s decision not to post the Regulation on the Environmental Registry for public comment cannot be justified under any of the
statutory exceptions to public participation under the EBR.
3. The Regulation’s immediate termination of the province’s cap-and-trade program is contrary to the public interest and may cause or contribute to significant harm
to the environment and human health and safety, particularly since the provincial government has not announced any alternative programs that will be undertaken
in order to reduce greenhouse gas emissions and transition Ontario to a resilient low-carbon economy.

In order to comply with Part II of the EBR, the Ontario government must immediately revoke the Regulation, provide an appropriate opportunity for public comment by posting a notice on the Environmental Registry in relation to any future regulatory proposals under the Act, and consider the public’s comments before making any decision about the future of the cap-and-trade program.