Commission on the Reform of Ontario's Public Services

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In September 2009, a company submitted an environmental approval application to MNR
to construct a mining camp and an airstrip to service the Ring of Fire area.
The project involved 81 hectares of Crown land, the airstrip, helicopter pads, a fuelling
area, storage facilities and staff accommodations. Several days into the approvals process,
MNR staff flew over the site for an inspection and were surprised to discover that the
proponent had already cleared the forest, and built the mining work camp and the airstrip,
both of which appeared to be in active use. As a response, the proponent said it had
decided to begin construction because of delays in initiating the approval
application process.
To help prevent future transgressions, provincial and federal ministries conducted
information and training sessions for companies working in northern Ontario in 2010.
These sessions set out the governments’ regulatory environment, and the requirements for
authorizing mineral exploration activities — not a simple subject, given the existence of
multiple overlapping pieces of legislation.
Recommendation 13-3: Employ a risk-based approach for environmental approvals that
focuses on improving outcomes and prevention.
Streamline the Environmental Assessment (EA) process
Many projects trigger both provincial and federal EA requirements as a result of differing
legal frameworks.
The Canadian Environmental Assessment Act (CEAA) covers the conduct of federal EAs.
The federal EA process applies to projects that are planned by a federal authority; on federal
Crown land; those funded by the federal government; or those requiring federal licences
or permits.
In an effort to reduce potential duplication, the Canada–Ontario Agreement on Environmental
Assessment Cooperation was struck in 2004. This agreement commits both governments to
conducting a co-operative EA while retaining their respective decision-making powers. 9 In a
recent decision by the Supreme Court of Canada, it was noted that responsible authorities
“can, and should, minimize duplication by using the coordination mechanisms provided for in
the [CEAA]. In particular, federal and provincial governments can adopt mutually agreeable
terms for coordinating environmental assessments…. Full use of this authority would serve to
reduce unnecessary, costly and inefficient duplication.” 10
9 “Provincial and Federal Roles in Environmental Assessments,” Dec. 16, 2010, downloaded from
http://www.ene.gov.on.ca/environment/en/industry/assessment_and_approvals/environmental_assessments/STDPROD_075713.html.
10 “MiningWatch Canada v. Canada (Fisheries and Oceans),” 2010 SCC 2, [2010] 1 S.C.R. 6, Jan. 21, 2010, downloaded from
http://scc.lexum.org/en/2010/2010scc2/2010scc2.html.