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. 2021 Feb 18;14(1):76–85. doi: 10.1089/env.2020.0017

Table 2.

Due Process Concerns as Informed by Legislative Assembly of Ontario deliberations and Green Energy Act Standing Committee hearings on Bill 150 (Green Energy and Green Economy Act, 2009)

Speaker/citation Comments
Legislative Assembly of Ontario Deliberations
 Ted Arnott [Progressive Conservative Party] No. 114, p 504769 “The first question that should enter the public's mind is: Why the rush? Why the normal departure from parliamentary tradition of introducing a bill, then allowing the opposition a few days, at least, to consult with interested stakeholders and the public? [emphasis added] What details are buried in this bill that the government doesn't want people to know about? What are they trying to hide?”
 Peter Shurman [Progressive Conservative Party]70 “We also know that the reason that this bill has been introduced now, without proper briefings for the opposition, without consultations [emphasis added] and without any details outlined in its text, is because Mr. McGuinty [Premier of the Government of Ontario]…failure to address Ontario's economic crisis.”
 Robert Bailey [Progressive Conservative Party]71 “Mr. McGuinty's Green Energy Act is taking away the currently legislative review process that allows input from individuals and local government regarding new energy projects [emphasis added]. What will be next? This is a major step backward in our democratic rights.”
 John O'Toole [Progressive Conservative Party]72 “We support green energy and conservation…Here's why I'm having difficulty with supporting it overtly: I want, first of all, thorough public hearings around the province. I want to make it clear to you that I don't like certain provisions: the warrantless entry, the overriding of municipal law and the overriding of the conservation act. There are parts of this bill that the people of Ontario need to know about.”
 Phil McNeely [Liberal Party]73 “There just have to be more discussions with the First Nations [emphasis added]. They have to be part of this. Aboriginal partnerships and capacity-building will be important to the development of new, renewable energy projects.”
 Elizabeth Witmer [Progressive Conservative Party]74 “Although I support green energy, I am concerned not only about the lack of detail in this bill, but also the details that may be buried in this bill and the haste to pass this bill by the government, without extensive consultation with stakeholders and the public [emphasis added].”
 Hon. Brad Duguid (Minister of Aboriginal Affairs) [Liberal Party]75 “The connection many aboriginal people feel to the land and surrounding natural resources. That connection, frankly, is a reflection of the uniqueness of First Nation and Metis culture, and it's something this government makes every effort to respect. Striking that balance between environmental sustainability and economic growth is something we need to work on with our aboriginal partners through consultation and dialogue. We do have an obligation, constitutionally, to consult [with Aboriginal peoples], but we have to go beyond that [emphasis added].”
 Sylvia Jones [Progressive Conservative Party]76 “A constituent in my riding…has been denied the opportunity to speak before the standing committee for Bill 150, the Green Energy Act…Barbara Ashbee…is today living with the side effects of having wind turbines surround her home…Yet my constituent has been refused an opportunity to share her experiences during public hearings on Bill 150…the Green Energy Act. This act removes all over-sight from municipalities. Now this government is not even going to listen to the concerns of someone who has first-hand experience. It's important to the legislative process that people…be allowed to speak and share their experiences…members of the Progressive Conservative Party have been calling for public input…It looks as though the government is once again leaving out the most important interest group when proposing new legislation: the people [emphasis added].”
GEA Standing Committee Hearings
 Mr. John Yakabuski [Progressive Conservative Party]77 “Normally there's a consultative process before bills are written.”
 Beatrice Olivastri (CEO Friends of the Earth Canada)78 “The main ministry dealing with this act, the Ministry of Energy and Infrastructure, which will be responsible for the bulk of the Green Energy Act, is not currently a prescribed ministry under the Environmental Bill of Rights [emphasis added], which we hold to be a very important part of our democracy here in Ontario. This means that part II of the Environmental Bill of Rights, which sets out a minimum level of public participation that should be met before government makes decisions on certain kinds of environmentally significant projects and proposals, doesn't apply at all to the Green Energy Act [emphasis added] aspect. Formal public comment periods that would typically be required under EBR will not apply, and there will be no requirement to post notices on the environmental registry. It's curious and inconsistent, we believe, that this ministry is still missing in action under the EBR, and so we are strongly urging you to rectify that situation.”