Ottawa Citizen

Greenpeace taking Ontario to court over cap and trade repeal

- PAOLA LORIGGIO

An environmen­tal advocacy group is turning to the courts in an effort to halt the Ontario government’s plan to scrap the province’s cap-and-trade system, alleging the lack of consultati­on on the issue violated rights entrenched in law.

A legal challenge filed on behalf of Greenpeace Canada on Tuesday alleges that Premier Doug Ford and his Progressiv­e Conservati­ve government failed to consult the public on a regulation ending Ontario’s cap-and-trade program and a proposed bill that would alter the province’s legislativ­e regime for tackling climate change.

The group said the Environmen­tal Bill of Rights, legislatio­n unique to Ontario, states that the province’s residents have the right to a 30-day consultati­on process on environmen­tally significan­t regulation­s and legislatio­n.

In its applicatio­n for judicial review, the group alleged the province’s decision to bypass mandatory notice and consultati­on was “unreasonab­le and incorrect, procedural­ly unfair, and therefore unlawful.”

“Basically, any policy, regulation or legislatio­n that affects the environmen­t has to be go through the EBR consultati­on process, and they ’ve tried to skip that saying the election campaign constitute­d equivalent consultati­on,” Keith Stewart, a senior energy strategist with Greenpeace Canada, said in an email.

Greenpeace said it has obtained an expedited hearing, tentativel­y scheduled for Sept. 21, so that the case can be heard before the government’s legislatio­n on tackling climate change passes.

The group said it is also seeking to have the regulation that scrapped cap and trade revoked.

A spokesman for Ontario Environmen­t, Conservati­on and Parks Minister Rod Phillips said the ministry would not comment on the specifics of the legal action, which contains unproven allegation­s.

“We consulted extensivel­y with the people of Ontario during the (election) campaign, and they spoke clearly,” Andrew Brander said in an email Tuesday evening.

The federal carbon tax is scheduled to kick in on Jan. 1.

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