What opportunities are there to appeal environmental decisions in Ontario?
The independent Environmental Review Tribunal has jurisdiction to hold public hearings regarding appeals against certain Ministry of the Environment decisions (i.e. to issue orders or approvals) under the Environmental Protection Act, Ontario Water Resources Act, and Pesticides Act. Traditionally, only approval applicants or orderees had the right to appeal such decisions. However, under Part II of the Environmental Bill of Rights, concerned members of the public may also seek leave to appeal to the Tribunal, provided that they can demonstrate that the Ministry’s decision was unreasonable and could result in significant environmental harm. Under Ontario’s Environmental Assessment Act, the Environmental Review Tribunal also has jurisdiction to hold public hearings to assess the environmental impacts of undertakings caught, and to decide whether the proponent should be granted approval to proceed, with or without terms and conditions. It should be noted that there is no absolute right to
