Comments on: MOE, approvals and the garbage strike http://envirolaw.com/moe-approvals-and-the-garbage-strike/?utm_source=rss&utm_medium=rss&utm_campaign=moe-approvals-and-the-garbage-strike News and analysis (not advice) by a top Ontario environmental lawyer Sun, 05 Feb 2012 21:52:47 +0000 hourly 1 By: DSS http://envirolaw.com/moe-approvals-and-the-garbage-strike/comment-page-1/#comment-548 DSS Wed, 29 Jul 2009 14:45:06 +0000 http://envirolaw.com/?p=1437#comment-548 Thank you, Darrell.<br /><br /><br />Actually, I disagree. The ministry staff have a very substantial discretion in how and when they enforce the law, a discretion that they already exercise every day. They could easily have a formal policy on how they will exercise their powers under Part V of the EPA during a garbage strike. In the longer run, they could seek authority for a regulation along the same line, if they feel it necessary. For the ministry to say that \"it has no choice\" is to duck its legitimate responsibility, in my opinion.<br /><br /><br />Dianne Saxe Thank you, Darrell.

Actually, I disagree. The ministry staff have a very substantial discretion in how and when they enforce the law, a discretion that they already exercise every day. They could easily have a formal policy on how they will exercise their powers under Part V of the EPA during a garbage strike. In the longer run, they could seek authority for a regulation along the same line, if they feel it necessary. For the ministry to say that \”it has no choice\” is to duck its legitimate responsibility, in my opinion.

Dianne Saxe

]]> By: Darrell http://envirolaw.com/moe-approvals-and-the-garbage-strike/comment-page-1/#comment-545 Darrell Thu, 23 Jul 2009 17:39:41 +0000 http://envirolaw.com/?p=1437#comment-545 The Ministry cannot modify any law. That is the job of the politicians. The Ministry's are only responsible for enforcing the laws. A small point, but it makes a big difference in who needs to act. The Ministry cannot modify any law. That is the job of the politicians. The Ministry's are only responsible for enforcing the laws.

A small point, but it makes a big difference in who needs to act.

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