Environmental Bill of Rights, 1993 S.O. 1993, CHAPTER 28

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43
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ID Ministry of the Environment

2003
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CONTENTS

Preamble

PART I

DEFINITIONS AND PURPOSES

1. Interpretation

2. Purposes of Act

PART II

PUBLIC PARTICIPATION IN GOVERNMENT DECISION-MAKING

General

3. Purpose of Part II

4. Application of Part II

The Environmental Registry

5. Registry

6. Purpose of registry

Ministry Statement of Environmental Values

7. Ministry statement of environmental values

8. Public participation in statement

9. Notice of final statement

10. Amending the statement

11. Effect of statement

Proposals - General

12. Interpretation: more than one ministry considering proposal

13. Fundamental changes in a proposal

14. Factors in determining effect of proposal on environment

Proposals for Policies, Acts and Regulations

15. Proposals for policies and Acts

16. Proposals for regulations

17. Additional time for public comment on proposals for policies, Acts, regulations

18. How to give notice under s. 15 or 16

Classifying Proposals for Instruments

19. Minister to develop regulation to classify instrument proposals

20. Classification process

21. Amending regulations to classify instrument proposals

Proposals for Instruments

22. Public notice of proposals for instruments

23. Additional time for public comment on Class II proposals

24. Enhanced public participation for Class II proposals

25. Additional notice of Class II proposals

26. Reclassification of specific proposals

How to Give Notice of Proposals

27. Manner and form of notification

28. Means of giving additional notice of Class II proposals

Proposals - Exceptions

29. Exception: emergencies

30. Exception: other processes

31. Means of giving notice, ss. 29 and 30

32. Exception: instruments in accordance with statutory decisions

33. Exception: budget proposals

Ministerial Role after Giving Notice of a Proposal

34. Appointment of mediator

35. Minister to consider comments

36. Implementation notice

37. Effect of failure to comply with Part II

Appeals of Decisions on Class I and Class II Instrument Proposals

38. Right to seek leave to appeal a decision on an instrument

39. Appellate body

40. Time for appeal

41. Leave test

42. Automatic stay if leave granted

43. No appeal from leave decision

44. Grounds for appeal decision

45. Powers on appeal

46. Procedure

47. Public notice of appeals under other Acts

48. Existing rights of appeal not affected

PART III

THE ENVIRONMENTAL COMMISSIONER

49. Environmental Commissioner

50. Salary

51. Pension of Environmental Commissioner

52. Oath of office

53. Temporary appointment

54. Staff

55. Budget

56. Audit

57. Functions

58. Reports

59. Special assignments

60. Examination on oath or affirmation

PART IV

APPLICATION FOR REVIEW

61. Application for review

62. Referral to minister

63. Ministerial review, ss. 65 to 72

64. Forwarding applications to more appropriate ministries

65. Acknowledgment of receipt

66. Notice to persons with direct interest

67. Preliminary consideration

68. Review of recent decisions

69. Duty to review

70. Notice of decision whether to review

71. Notice of completion of review

72. No disclosure of personal information about applicants

73. Application of Act to proposals resulting from review

PART V

APPLICATION FOR INVESTIGATION

74. Application for investigation

75. Referral to minister

76. Acknowledgment of receipt

77. Duty to investigate

78. Notice of decision not to investigate

79. Time required for investigation

80. Notice of completion of investigation

81. No disclosure of personal information about applicants

PART VI

RIGHT TO SUE

Harm to a Public Resource

82. Definitions, Part VI

83. Application of ss. 84 to 102

84. Right of action

85. Defence

86. Role of Attorney General

87. Public notice of action

88. Notice to protect interests

89. Participation in action

90. Stay or dismissal in the public interest

91. Discontinuance, abandonment, settlement, etc.

92. Interlocutory injunctions: plaintiff's undertaking to pay damages

93. Remedies

94. When order to negotiate not to be made

95. Restoration plans

96. Orders ancillary to order to negotiate

97. If parties agree on restoration plan

98. Court developed restoration plan

99. Estoppel

PART VII

EMPLOYER REPRISALS

104. Meaning of "Board", Part VII

105. Complaint about reprisals

106. Labour relations officer, authorization

107. Labour relations officer, inquiry into complaint

108. Inquiry by the Board

109. Burden of proof

110. Determination by the Board

111. Agreement to the contrary

112. Failure to comply

113. Enforcement of determination

114. Effect of settlement

115. Act performed on behalf of employer

116. Powers, etc., of the Board

PART VIII

GENERAL

117. Delegation

118. No judicial review

119. Protection from personal liability

120. Crown bound