Ontario’s Auditor General exposes how PC government has ignored environmental rights

“I feel helpless,” Toronto resident Anne Low said while watching the destruction of trees at Ontario Place in October.

“I want to leave (my grandchildren) a planet with clean air and clean water…The 413 is going to emit more greenhouse gases, and we don’t want that. It’s unnecessary, and it will pave over forests and wetlands that act as vital carbon sinks,” Victoria Creese, a member of Grandmothers Act to Save the Planet (GASP), said while rallying against Highway 413 in November.

Highway 413 is “a big assault on the environment and planning act, which have been basically stripped and become a system of MZOs (Minister’s Zoning Orders) and political decision making,” George Westel, part of the group Stop the 413, said.

These are just a few of the voices ignored by Premier Doug Ford and his PC government, which is the focus of the latest searing report by Ontario’s Auditor General.

The independent watchdog's series of just-released reports include an investigation into the Ford government’s handling of Ontario's Environmental Bill of Rights (EBR).

“The EBR is intended to protest the environment by ensuring that Ontarians are informed about, and have an opportunity to participate in, the government’s decisions that could significantly affect the environment,” the report explains. 

Ford's government came under intense scrutiny in 2023 after the Greenbelt scandal and the PCs’ preferential treatment of certain developers was revealed in a report by Bonnie Lysyk, Ontario's former auditor general.

Now, under the leadership of current Auditor General Shelley Spence, the new report highlights serious concerns, including the provincial government's consistent disregard for public input and failure to transparently disclose the environmental impacts of key legislative changes.

“Over the past decade, we have found cases almost every year where ministries did not meet their EBR requirements to consult the public. In 2023/24, Ontarians were denied their EBR right to be consulted about three environmentally significant laws,” the report highlights.

18 percent of the proposal notices the auditor general reviewed “left out important information for the public to fully understand the proposals, including about their environmental implications.”

In February, the Ministry of Energy and Electrification claimed that proposed amendments to the Ontario Energy Board Act, 1998, which aimed to reduce upfront costs for new natural gas infrastructure, would have "no impacts on the environment." 

However, the auditor general’s report revealed that the Ministry failed to disclose that these changes could increase greenhouse gas emissions by supporting the continued expansion of natural gas infrastructure and maintaining Ontario's reliance on fossil fuels, rather than transitioning to cleaner electricity.

The Pointer had previously reached out to Ontario’s Minister of Energy and Electrification Stephen Lecce's office for a response regarding the province’s continued reliance on carbon-intensive energy sources, but never received a response.

This secrecy around key government projects is a recurring issue under the Ford government.

The trees at Ontario Place were felled overnight without any public notice. Ontarians were never consulted when the Ford government passed the Rebuilding Ontario Place Act, despite an internal ministry document that revealed the Act was expected to have “environmentally significant implications.”

The Rebuilding Ontario Place Act, 2023, part of Bill 154 (the New Deal for Toronto Act), granted the Minister of Infrastructure broad order-making powers under the Planning Act, allowing decisions that may bypass policies protecting the environment. 

It also exempted Ontario Place redevelopment from both the Environmental Assessment Act and the Ontario Heritage Act, removing the public’s right to consultation. The AG report points out that the government justified the exemption, citing a tight timeline to meet contractual requirements and project deadlines, and to “avoid negative financial implications.” 

This reflects a broader pattern: rushing decisions, passing laws that exempt the government from environmental protections, and avoiding public consultation—while claiming the infrastructure is needed, despite public opposition and expert recommendations for alternatives.

Ontario Place, once a green oasis, home to several species at risk and cultural hub, was handed to Austrian resort developer Therme for the construction of a mega-spa that might cost taxpayers in the province $2.1 billion, according to the Ontario Liberals. 

Despite strong opposition, the PC government rushed ahead to approve the deal to convert Ontario Place to a resort and spa.

(Anushka Yadav/The Pointer)

The report found the government passed Bills before completing consultation periods, and in some cases, even with full consultations, ministries couldn't show they considered the public feedback that was provided.

The report states that the province passed two Bills including the Official Plan Adjustments Act and the Niagara Escarpment Planning and Development Act before the EBR consultation periods had ended, while "also inaccurately claiming to have considered all public comments in their decision-making." It’s a blatant disregard for the Environmental Bill of Rights. 

On December 5, the Official Plan Adjustments Act (Bill 150) was passed, and reversed urban boundary expansions in 12 municipalities and passed while public feedback was still being collected.

Meanwhile, proposed changes to the Niagara Escarpment Planning and Development Act under Bill 139 were posted on October 19 with a 46-day consultation period ending December 4. The changes expanded the Minister's powers to grant development exemptions on the Escarpment, a UNESCO Biosphere Reserve. 

Bill 139 passed on November 21, 13 days before the consultation closed, and the Ministry misreported the timing and number of comments received.

“By considering public feedback, ministries can gain a better understanding of the costs, benefits and impacts of the proposals from commenters with different knowledge, experience and perspectives, as well as ideas for other, potentially more effective, approaches to achieve the government’s policy aims. This can lead to better decision-making and greater public acceptance of the government’s decisions,” the report states. 

The EBR gives Ontarians the power to participate in environmental decisions by requiring the government to post detailed proposals online and consult for 30 days before finalizing them. The Auditor General criticized the government for failing to follow this process and recommended that it do so moving forward.

“This is each Ontarian’s right under the EBR.” 

The Natural Resources Ministry received 47 comments, as well as comments submitted through the Aggregate Resources Act consultation process, regarding a change in quarry site plan in Simcoe County but had no documentation proving the comments were reviewed. 

Similarly, the Mining Ministry issued two mineral exploration permits without providing evidence that public feedback was considered in the decision-making process.

“13 percent of the decision notices we reviewed failed to explain whether, and how, public feedback on the proposal affected the decision, which the EBR requires,” the report states.

Instead of genuinely considering public comments, the Ford government has prioritized a build faster agenda, rushing to put shovels in the ground while focusing on defending and promoting its own plans.

“We found that some ministries used self-congratulatory language and promotional wording in their proposal notices, seemingly trying to persuade rather than strictly inform the public about the proposals and their environmental implications,” the report mentions.

It found out that a dozen proposal notices on the Environmental Registry Office posted over the last two years—including those by the Natural Resources Ministry related to changes in the Ontario Wetland Evaluation System and the Conservation Authorities Act—featured identical “boilerplate wording” promoting the government’s housing agenda.

The PC government consistently downplays harm to wildlife, including to Species at Risk, in the language used in postings on the Environmental Registry Office.

(Joel Wittnebel/The Pointer)

The notices stated that “Ontario needs more housing, and we need it now. That’s why the Ontario government is taking bold and transformative action to get 1.5 million homes built over the next 10 years.” 

Five of these notices added: “These visionary changes will place Ontario at the forefront of housing policy in North America.”

This tactic is also evident in press conferences, where both Ontario Premier Ford and Transportation Minister Prabmeet Sarkaria frequently claim that building highways like the Bradford Bypass and Highway 413 will reduce travel time and congestion for families. However, the Ministry of Transportation's own studies show that both the highways will become congested within a few years, worsening gridlock.

 Minister of Transportation Prabeet Sarkaria making misleading claims that the Bradford Bypass will save drivers “35 minutes” at a press conference on December 17.

(Prabmeet Sarkaria/X)

On December 17, Sarkaria announced the awarding of a contract “so that crews can begin removing trees and grading to clear a path along the plan route of the West section of the future bradford bypass.”

How many trees? Would there be any species at risk lost in the process? Any plans for replantation? No mention of it. 

The PCs don’t mention the irreversible environmental damage that their projects will cause. Instead, they passed Bill 212 - Reducing Gridlock, Saving You Time Act.

The controversial Bill has drawn sharp criticism from experts, including more than 100 scientists who sent a letter to Minister of Environment and Climate Change of Canada Steven Guilbeault who argue that Bill 212 allows highway construction to begin in certain areas before required authorizations, such as those under the Endangered Species Act, are issued or Indigenous consultations have taken place.

A day before, on December 16, when political turmoil was unfolding on Parliament Hill following the resignation of federal finance minister Chrystia Freeland, all 13 provincial premiers gathered for a press conference to demonstrate a unified “Team Canada” approach against the threats of tariffs by incoming U.S. president Donald Trump. 

Premiers of Canada’s ten provinces and three territories gathered together on December 16 to discuss U.S. tariff threats.

(Doug Ford/X)

Premier Ford seized the opportunity to continue his attacks on the carbon tax, aligning himself with Conservative Party leader Pierre Poilievre’s position.

The Ford government's opposition to carbon pricing has been evident since the introduction of the Protecting Against Carbon Taxes Act in February. The Bill, which passed in May, requires that a provincial referendum be held before any carbon pricing program, such as a carbon tax or cap-and-trade system, can be implemented.

“This Act is environmentally significant because it places a restriction on establishing a carbon pricing program, which is a policy tool used to lower carbon dioxide and other climate change causing emissions,” the report clarifies.

The AG report revealed that, due to a longstanding gap in the EBR, Ontarians were not consulted about the act’s environmental implications because the Ministry of Finance, responsible for the Bill, is not prescribed under the EBR.

The report delivers a sharp rebuke to the provincial ministry of environment for its failure to educate Ontarians about their rights under the EBR.

Despite an ambitious 2020 plan that promised social media campaigns, educational materials and outreach efforts, four years have passed with little to show for it except a few social media updates.

The report concludes: “These actions not only undermine the public’s ability to fully exercise their rights to participate in environmental decision-making, but also risk eroding the public’s confidence that their EBR rights are being respected.” 

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