ARTICLE
24 February 2014

Key Environmental Bills Stuck In The Legislative Pipeline In Ontario

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Willms & Shier Environmental Lawyers LLP

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Willms & Shier Environmental Lawyers LLP www.willmsshier.com is Canada’s recognized leading environmental law firm, delivering a full range of environmental, Indigenous and energy law services. For 40 years, our clients have benefitted from our innovative, practical solutions and extensive knowledge of environmental, Indigenous, and energy and natural resource issues.  With 19 highly specialized lawyers, we are the largest private sector environmental law practice in Canada.  Seven of our lawyers are Environmental Law Specialists, certified by the Law Society of Ontario. Willms & Shier has offices in Toronto, Ottawa, Calgary and Yellowknife.  Our lawyers are called to the Bar in Alberta, British Columbia, New Brunswick, Nunavut, the Northwest Territories, and Ontario.
The Ontario Government is hoping for quick action on four important proposed environmental bills currently stalled on the order paper.
Canada Environment
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The Ontario Government is hoping for quick action on four important proposed environmental bills currently stalled on the order paper. Given the instability of the current minority Government, there may only be a small window of opportunity to pass these proposed statutes before a provincial election is called (or forced):

  • Bill 6, the Great Lakes Protection Act, will establish a new Great Lakes Guardians' Council and require "public bodies" to undertake certain initiatives to protect and restore the ecological health of the Great Lakes-St. Lawrence River Basin
  • Bill 83, the Protection of Public Participation Act, will create a fast track judicial process for identifying and dismissing "strategic lawsuits against public participation" ( SLAPPs)
  • Bill 91, the Waste Reduction Act, will replace the current act with one based on "individual producer responsibility" and a revamped Blue Box funding formula
  • Bill 138, the Ending Coal for Cleaner Air Act, will add Part VI.1 to the Environmental Protection Act to prohibit the use of coal to generate electricity at certain specified facilities after December 31, 2014.

Environment Minister Requests Programming Motion

Environment Minister Jim Bradley has asked the opposition NDP to support a "programming motion". This may untangle the procedural deadlock and "secure quick passage" for the proposed environmental legislation. The motion will serve to:

  • Schedule committee meetings for Bill 6, the Great Lakes Protection Act, then schedule two hours of Third Reading debate followed by a final vote
  • Send Bill 83, the Protection of Public Participation Act, to an immediate Second Reading vote, then schedule committee hearings followed by two hours of Third Reading debate and a final vote
  • Send Bill 91, the Waste Reduction Act, to committee where the Government will table amendments
  • Send Bill 138, the Ending Coal for Cleaner Air Act, to committee.

Current Status of Bills

Bill Status Willms & Shier Law Report
Bill 6, Great Lakes Protection Act 1st Reading Feb. 25, 2013, carried 2nd Reading on Oct. 9, 2013, and sent to Standing Committee on Regulations and Private Bills See June 2012 publication
Bill 83, Protection of Public Participation Act 1st Reading June 4,2013, subject to 5 days of 2nd Reading debate See September 2013 Publication
Bill 91, Waste Reduction Act 1st Reading June 6, 2013, subject to 16 days of 2nd Reading debate See June 2013 publication
Bill 138, Ending Coal for Cleaner Air Act 1st Reading Nov. 25, 2013

We will report on future developments as they arise.

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