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August
7, 2001
The
Honourable Elizabeth Witmer
Minister of the Environment
135 St. Clair Avenue West
Toronto, Ontario M4V 1P5
Dear
Minister Witmer,
Pollution
Probe respectfully requests an extension to the comment period for the
Ministry of the Environment’s proposed regulation for “Emissions Trading
And NOx And SO2 Emission Limits For The Electricity
Sector” (EBR Registry #RA01E0020). We also strongly urge the government to
consult directly with the general public about this proposed regulation.
In
the Environmental Commissioner of Ontario’s Guidance Document, entitled
Implementing the Environmental Bill of Rights: Environmental Registry
Notice and Comment Procedures, there is an outline of what the
Commissioner’s Office deems appropriate in terms of consultation.
The
following points are made in reference to the length and timing of public
consultations:
1.
That the Minister is given “the discretion to decide when to extend
notice and comment periods.”
2.
That “The complexity of a proposal and level of public interest in a
decision should guide ministries in determining the required level of public
participation.”
3.
That “Ministries should also consider giving additional time to
respond during holiday seasons such as December and the summer months.”
For
proposals with a high level of complexity, such as this one, the
Commissioner’s Office recommends a specific consultation procedure involving
three stages. The following is a synopsis of these stages:
Stage
1 -
Initial posting of proposal on registry and detailed notice of
consultations, and often additional public consultations, such as meetings,
mailings or newspaper announcements;
Stage 2 -
Consultation with stakeholders by mail or meetings;
Stage
3 - Proposal
for preferred approach or option placed on Registry for comment period of at
least 45-60 days.
Although
there have been a series of consultation over the past several years about the
general topic of emissions trading, it was not until the publication of the
discussion paper entitled Emissions Reduction Trading System for Ontario
(March 2001) that any details of Ontario’s Intentions became publicly
available. It was not until July 31, 2001 that details of the regulation
itself and the actual rules for the emissions trading system were posted on
the EBR Registry.
It is appropriate
and, we believe, essential during prime vacation time in the middle of
Ontario’s smoggiest summer on record, that your Ministry provide more
opportunity for public consultation on a plan that has as diverse a group of
concerned commenters as this one does. We understand that 61 different groups
commented on the discussion paper. Pollution Probe has received a copy of
these submissions, many of which are very substantive, and we would appreciate
time to review and consider the points raised by important stakeholders.
A
brief synopsis of concerns expressed by stakeholders on the discussion paper
included :
-
The U.S. EPA, who know a great deal about emissions trading, is
concerned that Ontario’s approach has the potential to undermine U.S.
trading systems, and is skeptical about the prospect of allowing cross-border
trading if Ontario goes ahead with the approach outlined in the discussion
paper.
-
Environment Canada has suggested that Ontario’s proposal does not
comply with the Canada – U.S. Ozone Annex Agreement, because it will
significantly increase electricity sector NOx emissions.
-
Pollution Probe and other ENGOs believe that if there are no limits on
the overall emissions (e.g., emission caps) from non-electricity emitters, the
electricity sector should not be allowed to use credits created by these
sources to offset their emissions, because there is every likelihood that
overall emissions will increase.
We request that
you move cautiously on this proposal. More consultation time will provide the
government with an opportunity to ensure that the initial stakeholder comments
are properly understood and responded to and that both the business and
environmental implications of the proposed emissions trading system have been
properly evaluated.
Yours
truly,
Ken
Ogilvie
Executive
Director
cc: The Honourable Jim Wilson, Minister of Energy, Science and
Technology
Gord
Miller, Environmental Commissioner for Ontario
David
McRobert, In-House Counsel & Senior Policy Advisor, Office of the
Environmental Commissioner of Ontario
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