BY EMAIL RE: ERO 019-5284: BILL 109 -- PROPOSED AMENDMENTS TO THE PLANNING ACT

First, section 35 of the EBR expressly states that a minister who gives notice of a proposal under section 15 “shall take every reasonable step to ensure that all comments that are received as part of the public participation process described in the notice of the proposal are considered when decisions about the proposal are made in the ministry.” It goes without saying that your Ministry fundamen. [...] The ministry will ensure its responsibilities under the EBR are implemented and will strive to ensure that its use of the Environmental Registry of Ontario continues to allow the public to participate and be informed. [...] The ministry will: • Continue to place great importance on the proper use of the Environmental Registry of Ontario and continue consulting with the public for input on proposals which may have potential impacts on the environment; • Recognize the importance of communicating significant decisions with the public through the Environmental Registry of Ontario and will continue to use the Environmenta. [...] The Ministry’s ill-advised circumvention of the EBR prompted well-founded criticism from the Auditor General of Ontario in her 2021 annual report2 to the Ontario Legislature regarding the EBR. [...] The Ministry’s EBR non-compliance also resulted in litigation brought by CELA and other parties, and the Divisional Court unequivocally declared that the “Minister of Municipal Affairs acted unreasonably and unlawfully”3 in failing to post the MZO proposal in accordance with section 15 of the EBR.