A/HRC/45/12/Add.3 Comments from the province of Ontario Para 26, 2nd sentence, comments: Under Ontario’s local air quality regulation, companies can be compliant with regulations by establishing a site specific standard. When this is done, it is not correct to say it impeded enforcement of the standard as the site specific standard is what applies. When they don not comply with their site specific standard, the province is able to address violations. The statement 'flexibility to develop their own standards' appears to refer to O.R eg. 419/05. That regulation sets provincial point of impingement standards. Under stringent conditions, a facility request a site-specific standard (s.32) While the facility can propose a standard based on the material that is required for that application (s. 33), the site-specific standard must be approved by the MECP Director (s.35). The discretion to approve standards is considerably constrained (e.g. it is not technically or economically feasible for the facility to comply with the provincial standard, the site-specific standard is as close to the provincial standard as possible, there is no public interest reason to refuse the request) (s. 35). In addition, a public meeting must be held before the request is made. Finally, site specific standards are time limited. O. Reg. 419/05 also has provisions for the government to set technical standards that are both industry and equipment specific (ss. 38-44) While regulated facilities are consulted during the development of technical standards, the MECP sets and publishes the standards. Para 37, 1st sentence, comments: The preamble to the English and Wabigoon River Systems Mercury Contamination Settlement Agreement Act, 1986, S.O. 1986, c. 23 demonstrates that Ontario recognized the mercury poisoning, which states as follows: "AND WHEREAS the discharge of such pollutants and governmental actions taken in consequence thereof may have had and may continue to have effects in respect of the social and economic circumstances and the health of the present and future members of the Bands;". The federal Act has the same clause: Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act S.C. 1986, c. 23. Since at least 1985, Ontario (and Canada) have acknowledged the mercury contamination that occurred and the impact it has had on these communities (see preambles to the English and Wabigoon River Systems Mercury Contamination Settlement Agreement Act, 1986, SO 1986, c 23 and the Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act, SC 1986, c 23). Para 37, 2nd sentence, suggested language: From 1963 to 1970, a pulp and paper mill released several tons of highly toxic mercury into the water, contaminating the English-Wabigoon River system, including the traditional fish they depended upon. Para 37, 2nd sentence, comments: The source cited does not reference game. Para 37, two last sentences, comments: This statement is factually inaccurate. The study referenced recommended additional assessment and did not speak to risks to the communities. Para 37, two last sentences, recommended language: A 2017/2018 assessment of the soil and groundwater at the pulp and paper mill site revealed continued presence of elevated levels of mercury, on the site; however additional work is required to determine the extent of mercury contamination at the site and the significance of its movement of the river. Such studies could be included in a risk assessment to confirm claims that these communities are still at risk of exposure due to the failure to remediate contamination for over 50 years (see IV). 19