Suspension Of EBR Notice Requirements

On April 3, 2020 and in response to the COVID-19 pandemic, the Ontario Government passed a regulation that temporarily exempts government proposals from the posting requirements of the Environmental Bill of Rights, 1993 (the "EBR"). The regulation also removes the requirement for government decision makers to consider the principles set out in ministries' Statements of Environmental Values in making decisions on policies, acts, regulations and instruments.

Part II of the EBR requires certain government ministries to inform the public about environmental acts, regulations, policies and instruments (such as, for example, environmental approvals) that are being considered and/or proposed. Where environmental decisions are significant, the public is given the opportunity to review and comment on these proposals and the ministries are required to consider the comments in making decisions.