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Statement to the Ontario Legislature

by

The Honourable Leona Dombrowsky
Minister of the Environment
MPP Hastings-Frontenac-Lennox & Addington

Introduction of Environmental Penalties legislation

Queen’s Park, Toronto
Wednesday, October 27, 2004

(Check against delivery)

Speaker, today I am introducing new legislation to help protect the health and quality of life enjoyed by residents of our great province.

Our government took office with a firm commitment to ensuring safe, clean, livable communities.

I am proud of all that we have accomplished.

We are making excellent progress in the development of safeguards to protect drinking water from the source to the tap.

We have introduced a new five-point action plan for cleaner air.

It includes air emissions limits for several major industrial sectors that have never had limits before.

Aggressive targets have been set for diverting waste away from disposal.

We have introduced regulations to make Ontario’s hazardous waste rules among the toughest in North America.

And we have created the Environmental Leaders Program to reward and recognize the top environmental performers among Ontario companies.

Speaker, we know that the vast majority of companies in this province are responsible corporate citizens.

It is only fair to them that we target companies that fail to live up to their environmental responsibilities.

In the past, some have turned a blind eye to pollution, calling it part of the cost of doing business in Ontario.

This is unacceptable. It is not fair to our responsible businesses and it is not fair to the people of Ontario.

This government will not tolerate companies and individuals who put our environment and the health of Ontarians at risk.

Today, I am pleased to introduce legislation that would, if passed, ensure polluters face immediate consequence for their actions.

Our proposed legislation would impose Environmental Penalties of up to $20,000 per day for individuals or $100,000 per day on companies responsible for illegal spills.

I want to make it very clear to the honourable members: Environmental Penalties are not the same as fines.

Fines are handed down by the courts, while Environmental Penalties would be assessed by ministry officials within a few days after a spill, enabling faster action on unlawful spills.

Speaker, this is a whole new approach to preventing industrial pollution.

Our proposed legislation will encourage compliance to help ensure that spills do not happen.

It is in a company’s power to prevent spills, and it is also in their best interest to do so.

Speaker, I also want to point out that environmental penalties will not replace our existing enforcement.

Where warranted, companies could still face prosecution in addition to penalties.

Under the proposed legislation, the fact that a polluter took all reasonable steps to comply with environmental requirements would not be a defence.

If a polluter appeals an Environmental Penalty, this legislation proposes that the onus be on the polluter to show that the spill did not harm the environment.

Company officials would be held more liable under the proposed legislation.

It would put the onus on corporate directors and officers to prove that they took all reasonable steps to comply with environmental requirements.

If convicted, they could face jail time of up to five years.
Money collected from Environmental Penalties would be allocated to a special community fund created by the legislation.

Among other purposes, this fund would be used to compensate victims of unlawful spills and could assist those who clean up spills.

The proposed legislation would enable the Province and municipalities to recover costs incurred to clean up spills and repair environmental damage.

Make no mistake.

This proposed legislation is tough.

We are holding polluters accountable for spills.

Our message is simple: You spill, you pay.

Speaker, Ontario should be a place where environmental negligence is not tolerated and where good environmental performers are rewarded with incentives.

This is the Ontario we envision.

The Environmental Leaders program we launched last month shows the value we place on strong environmental performance.

Environmental Leaders are companies that know that environmentally responsible choices improve life in our communities, and also our ability to prosper and compete on the world stage.

Companies that minimize their risk and improve their business practices are more efficient, attract more investment and make better corporate citizens.

There are still some bad operators who believe they can get ahead of the game by lagging behind on their environmental responsibilities.

We will not allow this kind of attitude to stand.

From now on, taking a step forward will be rewarded, standing still will be discouraged and taking a step backwards will be penalized.

Speaker, our government is taking tough action on industrial pollution to build the kind of Ontario where our industries are world leaders in environmental responsibility and where our communities are clean, safe and healthy.

Thank you.

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