February 9, 2001

Val Gibbons report calls for the MOE to do less direct delivery of programs

The Managing the Environment report, written by management consultant Val Gibbons and released by the Ontario government Feb. 7, calls for the MOE to do less and "delegate" more when it comes to protecting Ontario’s environment. The report is available on MOE’s website: http://www.ene.gov.on.ca/envision/ergreport/index.htm

OPSEU has analyzed the report’s 30-page Executive Summary.

The most important thing to know about the report is that it calls for the MOE to shift from its role as "doer" in terms of regulation and enforcement to "provide overall system management, through a range of partnerships, processes, structures and tools." (pg. 3)

What does this mean in plain language? It means that the MOE should develop policies and set standards but leave much of the implementation and enforcement of those standards to others. Who are the others? The very industries and municipalities the MOE is supposed to regulate.

Industries, municipalities to monitor themselves

Listen to this recommendation: "Allowing the regulated community - within clear accountability and verification requirements - to undertake its own routine monitoring and reporting, including self-certification and third party audits." (pg. 6-7)

There already is an example of this kind of self-regulation in the form of a private entity called the Ontario Technical Standards and Safety Authority (TSSA). Since 1997 it has enforced seven statutes that used to be the responsibility of government inspectors at the Ministry of Consumer and Commercial Relations. The statutes ensure the safety of elevators, underground fuel storage tanks and amusement park rides, among other things. A majority of the TSSA’s Board of Directors is made up representatives from the very industries this private, non-profit corporation is supposed to regulate!

Consultants to do inspections

With third-party audits, the reports seems to recommend that the MOE contract out inspections to consultants. Should the Ontario public trust consultants to do an unbiased inspection when consultants make their living by providing advice and engineering services to municipalities and industry?

Another question is: who does the follow-up when problems are spotted by these "third party audits"?

"Sharing responsibility" with polluters

A major theme of the report is its vision of the MOE "sharing responsibility" for environmental protection with other ministries in government and with the "regulated community" [i.e. polluters], NGOs and the public. Ultimately, if the responsibility for environmental protection is further decentralized into several government ministries and agencies, who does the public go to if they have concerns? Who is ultimately accountable for environmental protection in the province?

Another crucial question is: when it comes to the "regulated community", does sharing responsibility mean polluters get to regulate and monitor themselves?

Enforcement should be "delegated"

The report recommends that the MOE move away from direct front-line enforcement and compliance. It recommends "an integrated approach to environmental compliance assurance." (p.g 24) This approach involves "partnerships with industry sectors, NGOs and local communities." (p.g 6) It involves "alternatives to traditional enforcement.... [such as] co-operative agreements [that] enhance rather than than weaken environmental protection." (p.g. 6) Perhaps, most dangerously, it involves the ministry "accepting that in some cases, implementation can be delegated to or shared." (p.g. 6)

No arms-length agency - yet

There had been some speculation that the Val Gibbons report would recommend carving off Operations Division into an arms-length agency. The report says the Ontario government should give "careful consideration" to such an idea, (p.g. 24) but should not rush to create such an agency at this time.

Report not clear enough on staffing and funding issue

The report recognizes that the ministry can't meet the future with its existing resources. However, it doesn't say point blank that more staff and funding are required. It recommends: "A significant core of human and financial resources for a period of at least three to five years that will draw on additional dedicated resources from across government." (pg. 21) What does that mean? Is the report calling for a much-needed increase in staff and budget? It’s simply not clear.

Some recommendations members have argued for

The report calls for the ministry to: broaden and deepen its technical and scientific expertise, in part by creating a dedicated Environmental Research Fund (p.g. 26); increase technical and scientific training of staff (p.g. 26) ; integrate its monitoring data bases (p.g. 27); identify the full range of monitoring information/data required to make informed decisions (p.g. 27); strategically develop policy which addresses the longer-term, not simply short-term crisis situations (p.g. 28); and streamline/speed up (it’s not clear which) the preparing and processing of Crown Briefs (pg. 24).

The last point about Crown Briefs is one example of the report’s fondness for generalities. The report recommends: "Establishing expectations and commitments for timing related to preparing and processing Crown Briefs as part of the enforcement process". (p.g. 24) Does this mean the long bureaucratic process that it takes for an occurrence to become an investigation should be sped up and streamlined?

The government has already signaled its intention to do this with its recent IEB Functional Review. Starting at the end of March, the ministry will go back to having IEB supervisors in the regions who will review occurrences, determine if they should be investigated further and assign them to investigators.

OPSEU preparing its alternative to Val Gibbons report

Premier Harris said in a news release Feb. 7 that the Val Gibbons report has been forwarded to Justice O’Connor "so he can include it in his deliberations in the Walkerton Inquiry".

OPSEU is preparing its own report for the Inquiry which will put forward an alternative vision for the MOE’s future. A project team of MOE members has been hard at work since November. Our report will draw on the knowledge and experience of MOE staff to recommend improvements to MOE policies, practices and procedures regarding the protection and safety of drinking water. The report will draw on comments received in surveys last summer and in December, as well as focus groups we hope to hold later this month.

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Ontario Public Service Employees Union, 100 Lesmill Rd. Toronto, ON M3B 3P8  (416) 443-8888  www.opseu.org