In May of 2013 the Ontario Rivers Alliance made a Part II Order request on the proposed Trout Lake River Hydroelectric Generating Station, at Big Falls, in the Red Lake area. This proposal seemed to die a natural death with no decision on our Part II request, or activity/movement forward on the project. Here we are now more than 7 years later, and last week we received the correspondence below from the MECP stating that
“As part of our government’s efforts to boost Ontario’s economic recovery after COVID- 19, we have passed the COVID-19 Economic Recovery Act, 2020, including amendments to the Environmental Assessment Act.
The changes to the Environmental Assessment Act will allow us to build a strong environmental assessment program that effectively considers the input of local communities and focuses on projects that have the highest impact to the environment. The Act will continue to consider “the protection, conservation and wise management in Ontario of the environment”. A key change made to the Environmental Assessment Act was to limit Part II Order requests to potential adverse impacts of projects to constitutionally protected Aboriginal or treaty rights. All Part II Order requests that were under review which do not pertain to potential adverse impacts on constitutionally protected Aboriginal or treaty rights have been terminated by the amendments.”
The COVID-19 Economic Recovery Act was passed earlier this year, and this legislative amendment is retroactive in its backwards reach to 2013. In spite of the government’s misleading claim that the changes to the EAA “will allow us to build a strong environmental assessment program”, it couldn’t be further from the truth. In fact, there is now no mechanism to request a more rigorous environmental assessment, and public consultation and consideration on these risky projects, as well as the ability to make a Part II Order request, is no longer a possibility. There was also no public or Indigenous consultation before the passing of the Economic Recovery Act.