On behalf of several environmental organizations and individuals, CELA sought a judicial review in Divisional Court of the statutory decision by two Ontario Cabinet Ministers that denied our clients and other members of the public their legal right to be notified and consulted on environmentally significant legislative amendments contained in Bill 197 (COVID-19 Economic Recovery Act, 2020) before they were enacted by the Ontario Legislature on July 21, 2020. These amendments include changes to the Environmental Assessment Act (EAA), the Environmental Bill of Rights (EBR) and the Planning Act. The EAA is Ontario’s key environmental planning law and these changes  are of particular concern to CELA’s clients because, among other things, they impose new restrictions (and create uncertainty) on how the Act is applied to proposed undertakings, and terminate long-standing public safeguards in the EA process in relation to infrastructure projects. 

The controversial EAA changes in Bill 197 – together with an expansion of provincial powers to unilaterally issue Ministerial zoning orders under the Planning Act – were passed by the Ontario Legislature in July 2020 without public notice and comment opportunities under the province’s Environmental Bill of Rights. Ontario’s Divisional Court held a four-day hearing in May of 2021 and has reserved its decision on this matter.