A critical evaluation of Ontario's environmental assessment approval process

Abstract

<p>This paper is a critical evaluation of the Environmental Assessment Approval Process in Ontario. More specifically, this paper identifies the issues and overall trends emerging from three waste management undertakings that have been subject to Joint Board Hearings, under the Environmental Assessment (EA) Act.</p> <p>With respect to the Government Review and Joint Board Decision in the approval process, it was recognized that the identification of issues were consistent between the two documents. The only exception was the issue of hydrogeology which received much more attention by the Boards compared to the Reviews. This also suggests that hydrogeological suitability of a landfill site is a necessary, but insufficient, condition in order to obtain EA approval.</p> <p>Over the three recent waste management undertakings, subject to the Joint Board, under the EA Act, site selection and public consultation issues were predominant. The site selection issue defies traceability and replicability in the proponent's planning process. Meanwhile, the public was too little, too late, and insufficient by PreSubmission Consultation Guidelines of the Ministry of the Environment.</p> <p>In retrospect, two of the three waste management undertakings were denied approval by the Joint Board, implying that the Government Review did not apply enough judgement and guidance to resolve inconsistencies found in the EA.</p> <p>The result of numerous inconsistencies in relation to evaluation criteria, in all three cases, strongly suggests that the proper choice and use of an evaluation methodology is critical in identifying the suitable site among alternatives.</p> <p>The most troubling concern identified in this study is that a "tremendous expenditure of time, money and human resources" can be involved in gaining approvals for a landfill in Ontario today.</p>