Appeal Disputes Between Municipalities and Ministry of Environment

Year: 2011


Therefore be it resolved that the SUMA work with the Ministry of Environment to identify the inconsistent application of regulations; and

Be it further resolved that the SUMA lobby for the creation of an appeals mechanism for regulatory disputes between municipalities and officials from the Ministry of Environment.

Provincial Response

Response: We recognize the value of regulatory consistency and recent changes to the Ministry of Environment's organization and legislation acknowledge this. The ministry makes every effort to ensure that its programming and legislation are applied diligently and consistently. A number of new initiatives contribute to our efforts in this regard. The new results-based regulatory framework will create more consistency. The Environmental Code and new compliance model will provide transparency and there are ongoing opportunities for SUMA members to be involved in development of the code. A Client Service Office has been established to assist clients in meeting their regulated responsibilities. Finally, the ministry's new compliance model stresses dialogue and compliance results rather than enforcement action. In addition, provisions for appeal of certain decisions, such as permitting requirements, application of environmental protection orders or issues of law, already exist within The Environmental Management and Protection Act, 2002. We are prepared to consider your recommendations to address potential inconsistencies, to inform the adoption of the new regulatory model and to ensure effective and consistent application of regulations across the province. Municipalities are encouraged to report inconsistent regulatory application or any contraventions, where there is supporting evidence.

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