Answer ... (a) Air
Prior to discharging any contaminants into the environment, including air, a permit/authorisation is required from the Ministry of Environment, Conservation and Parks to allow for the discharge. These permits are required by the Ontario Environmental Protection Act and associated regulations, and are referred to as ‘environment compliance approvals’.
The Ministry of the Environment, Conservation and Parks, in addition to the applicable statutory requirements and regulations set out in the Ontario Environmental Protection Act, sets Ontario’s Ambient Air Quality Criteria. These allow the government to regulate contaminants emitted by various corporations, albeit that they are not legally binding. Canada also has Canadian Ambient Air Quality Standards that outline non-binding objectives developed to ‘set the bar’ for air quality actions across the country. The key features of such regulatory regimes are to monitor and assess emissions into the air with the understanding that high concentrations of a contaminant in the air can have adverse effects on human health and the environment.
The Greenhouse Gas Pollution Pricing Act (SC 2018, c 12) and Canada’s commitments to international initiatives such as the Paris Agreement reflect the notion that air pollution and greenhouse gas emissions have detrimental impacts on health, environment and climate change. The focus of these regulatory regimes is on regulation, prevention and responsibility in minimising Canada’s impact on climate change.
(b) Soil
Prior to discharging any contaminants into the environment, including soil, a permit/authorisation is required from the Ministry of Environment, Conservation and Parks to allow for the discharge. These permits are required by the Ontario Environmental Protection Act and associated regulations, and are referred to as ‘environment compliance approvals’.
The Ministry of the Environment, Conservation and Parks is the regulatory body responsible for protecting Ontario’s land and soil. The regulations under the Ontario Environmental Protect Act achieve this goal through regulatory requirements that govern, for example:
- waste management;
- illegal dumping;
- hazardous waste;
- brownfields and contaminated sites;
- excess soil; and
- pesticides.
In December 2019, the Ministry of Environment, Conservation and Parks released a new regulation under the Environmental Protection Act, titled “On-Site and Excess Soil Management”, to support improved management of excess construction soil. These changes reduce soil management costs, while protecting human health and the environment.
(c) Fresh water
As one of Ontario’s most important resources, fresh water is heavily regulated and protected in the province. These regulatory regimes protect:
- drinking water;
- fishing;
- source water;
- the Great Lakes and watersheds; and
- the maintenance of wells on property.
The key features of these regulatory regimes are primarily focused on the protection and conservation of freshwater resources. This is achieved primarily through regular water quality testing, monitoring, reporting and management. Ontario has also deployed independent action plans, strategies and funds targeted at particular lake, river and watershed conservation. Some notable legislation for fresh water includes:
- the Environmental Protection Act (RSO 1990, c E 19);
- the Clean Water Act, 2006 (SO 2006, c 22);
- the Water Resources Act (RSO 1990, c O 40); and
- the Lakes and Rivers Improvement Act (RSO 1990, c L3).
The federal government has jurisdiction for waters in certain areas such as navigation, fisheries and boundary waters, and shares responsibilities with the provinces in other areas such as agriculture and human health.
(d) Sea water
The federal government assumes jurisdiction over ‘sea’ water in Canada, including issues such as:
- conservation and protection;
- contamination and discharges;
- fisheries; and
- navigation and trade.
The leading legislative authorities in this area include:
- the Environmental Protection Act, 1999;
- the Oceans Act; and
- the Fisheries Act.
The precautionary principle is adopted with respect to the regulation of oceans.
(e) Flora and fauna
Flora and fauna are protected from threats arising due to human activity. Ontario at the provincial level and Canada at the federal level have enacted legislation to protect biodiversity. Natural Resources Canada is responsible for several conservation and restoration projects with respect to flora and fauna. For example, Parks Canada has a Conservation and Restoration Programme that focuses on flora and fauna, among other areas of conservation. The key features of these statutes are protection, conservation and restoration.
(f) Natural habitats and scenic landscapes
Similar to the protection of flora and fauna, Ontario at the provincial level and Canada at the federal level regulate and protect natural habitats and scenic landscapes. Canada’s Species at Risk Act and Ontario’s Endangered Species Act are intended to preserve and protect certain designated species and their habitats.
Provincial planning legislation and regulations, coupled with the jurisdiction of the various conservation authorities, also act to preserve natural features and scenic landscapes. The key features here are automatic protection and regulation of biodiversity. Canada has implemented several initiatives and programmes aimed at maintaining and restoring natural habitats.