The Environmental Commissioner of Ontario has criticized the Ministry of the Environment (MOE) for failing to enforce a cabinet order related to the Red Hill Creek Expressway. The order imposed specific requirements on the City of Hamilton under the Environmental Assessment Act (EAA).

In his report released yesterday, Commissioner Gord Miller concludes that "MOE is not prepared to vigorously enforce requirements that flow out of the EAA process". His office oversees the Ministry and issues an annual report to the Legislature.

In a four-page section on the expressway, Miller reviews a citizen application to the MOE asking for an investigation of the city's failure to complete public consultation and environmental reports related to the expressway, and Hamilton's decision to start construction without first obtaining all necessary approvals.

The MOE dismissed the citizen concerns about involving the public, but Miller says " the examples of alternative consultation that MOE suggested had met the spirit of the city's 1996 submission lacked credibility and did not seem like adequate replacements."

The MOE also decided not to investigate the incomplete reports because it said the order did not include any time requirements. Miller responds that "the declaration order clearly indicated that these requirements would be completed prior to finalizing the design and beginning construction on the expressway" and notes that the MOE simply ignored evidence presented by the citizens that expressway construction began in the spring of last year.

In a written response included in Miller's report, the MOE says its rejection of the citizen application "was based on consideration of the seriousness of the alleged offences and likelihood of successful prosecution" of Hamilton.

The full Commissioners' report can be viewed at http://www.eco.on.ca/english/publicat/ar2003.pdf. The section on Red Hill begins on page 141. The MOE response is on page 205. A copy of the citizen's application can be found at http://www.hwcn.org/link/forhv/pdfs/
Application-%20long%20version-final.pdf while the MOE response is at http://www.hwcn.org/link/forhv/pdfs/
MOE%20response%20to%20Application%20for%20Investigation.PDF.