RECOMMENDATION:
THAT the staff report entitled “Information Report –
White Paper on Watershed-based Source Protection Planning”,
dated March 23, 2004 be received.
THAT
Council support, in principle, the approach proposed by the Provincial
government on source water protection planning, subject to clarification of
tasks and funding arrangements, prior to release of the draft legislation.
THAT Council urge the Provincial Government to secure the necessary
financial resources to support the Watershed-based Source Protection planning
program and its future implementation at the local level.
THAT
this report be forwarded to the Ministry of the Environment, Environmental Bill
of Rights (EBR) Registry Number PA04E003, as the Town’s response to the White
Paper on Watershed-based Source Protection Planning.
AND THAT this report be forwarded to the Region
of York and Toronto Region Conservation Authority for information.
PURPOSE:
The purpose of this report is to outline the recently released
Provincial “White Paper on Watershed-based Source Protection Planning” and
provide input to the Province on the proposed strategy. A copy of the White Paper is available on the
Ontario Environment website www.ene.gov.on.ca
EXECUTIVE
SUMMARY:
The
White Paper on Watershed-based Source Protection Planning provides a
provincial-wide coordinated framework for moving forward on a watershed-based
source protection planning process. The
White Paper was released by the Province to obtain further input from the
public and affected parties prior to the enactment of the enabling
legislation. The White Paper identifies
Conservation Authorities as taking a lead role in the source protection
planning process and mandates a role for the regional and local municipalities
within the planning process and in short and long-term implementation
activities. The Province has established
an Implementation Committee to bring forward recommendations on funding and
roles and responsibilities of the Conservation Authorities and municipalities,
as well as a Technical Experts Committee to provide the Province with advice on
an Ontario-based threat assessment process.
The preparation of source protection plans is anticipated to take two
years. The White Paper identified a
multi-stakeholder process, but does not clearly identify how the process is to
be funded and what the mandated role of the municipality will be. Further dialogue and consultation between the
Province, Conservation Authorities and municipalities on the details of the
legislation would be appropriate.
BACKGROUND:
In
April 2002, the Province established an Advisory Committee to provide advice to
the government on a provincial framework for watershed-based source protection
planning, arising from Commissioner O’Conner’s Report to the Walkerton Inquiry
Part II recommendations. The Advisory
Committee produced the report, which includes 55 recommendations, entitled
“Protecting Ontario’s Drinking Water: Toward a Watershed-based Source
Protection Planning Framework”. The
Province has considered the recommendations of the Advisory Committee in the
White Paper on Watershed-based Source Protection Planning and on February 12, 2004, released the White Paper for consultation. A copy of the Provincial press release is
attached as Appendix ‘A’. A series of public consultation events are scheduled
around the province throughout March.
The Town of Markham has been invited to a session on March 23, 2003. Staff will be attending.
In
addition to the source protection initiative, the government also announced two
other complementary actions. The first
is a one year moratorium on new and expanded water–taking permits for products,
such as bottled water, to strengthen the policy and procedures surrounding
water-taking permits. The Ministry of
the Environment is proposing amendments to Ontario Regulation 285/99 “Water
Taking and Transfer Regulation” to the Water
Resources Act. The moratorium is in
effect until December
31, 2004. The
second initiative is consultations on a program to require fees for
water-taking permits.
The
White Paper consultation process is designed to receive input on the proposed
policy and legislative framework being proposed by the Ministry of the
Environment.
DISCUSSION:
What
is the watershed-based source protection planning process?
The
White Paper on Watershed-based Source Protection Planning is the Provincial
response to the Walkerton Part II report and the recommendations of the
Advisory Committee on Watershed-based Source Protection Planning established by
the Province in 2002. The White Paper
identifies a planning process and potential legislation to protect the quality
of drinking water from contamination and protect the quantity of our drinking
water supplies from unacceptable impacts of water takings.
A
watershed-based approach to source protection planning will involve a lengthy
and complex program of technical and policy review, involve a
multi-jurisdictional approach to implementation and require funding mechanisms
and new legislation to implement. The
White Paper proposes that the public process be led by Conservation Authorities
throughout Ontario. The process is outlined in
Appendix ‘B’.
Local and regional municipalities will be required to
participate
The
White Paper identifies that municipalities will be required to participate in
the Watershed-based Source Protection Planning process, and implement at the
local level a resulting approved Source Protection Plan. This will involve both the regional
municipality with respect to the delivery of safe drinking water and public
health services and local municipalities with respect to land use planning
decisions and local water distribution systems. This process will likely
involve the participation of political representatives on Boards, Committees
and Working Groups, as well as staff involvement and input in the preparation
of the background studies and final Source Protection Plan. Implementation of source protection plans
may require local and regional municipalities adopt appropriate policies,
procedures, land use designations and by-laws that support the source water
protection plan. The scope and
objectives of a source water protection plan is attached as Appendix ‘C’.
The
Province has established an Implementation Committee to review funding and
incentive opportunities and to provide advice on the role and responsibilities
of the province, municipalities and conservation authorities. The White Paper does not identify a consultation
process with municipalities following the input of the Implementation Committee
to the Province. It would be appropriate
to request the Province consult with municipalities on their role and financial
responsibilities to this process, prior to the release of proposed legislation.
The
White Paper also suggests that the Conservation Authority take the lead role in
the development, delivery and monitoring of source protection plans, yet much
of the implementation may be under the jurisdiction and control of
municipalities through the development approval process. As such, the Conservation Authority and
municipalities must work together in the preparation of the implementation
component of the source protection plan.
Source protection planning may impact on municipal
resources
The
issue of how the source protection process is, funded has been a common theme
identified in the Walkerton Report, the 2002 Advisory Committee and the White
Paper. At the Municipal level, these
costs could be substantial and include research, investigation of potential
threats, as well as management strategies tied to land use planning, land
purchases and environmental preservation and restoration. The White Paper defers the issue to the
provincially appointed Implementation Committee who are undertaking their
review concurrent with the consultation period now underway. The Town needs to work with the Province to
ensure that there is an appropriate funding mechanism to cover the costs
associated with municipal implementation over the long-term.
New municipal powers expected through proposed
legislation
The
White Paper identifies new legislation for the implementation of a
watershed-based source water protection planning process and source protection
plans. This will likely result in new
municipal powers that may require a substantial effort at the local level to
update official plan policies and by-laws, in addition to ensuring staffing
resources are available to effectively implement the new program. However, at this point, the White Paper is
silent on what power, if any, municipalities will be given to implement the
source protection plans. The role and
responsibilities of local versus regional municipalities in a two tier system
have not been defined to date.
Municipalities should be provided with an opportunity to review the
framework of draft legislation prior to finalization.
Proposed planning program will involve highly
technical assessments
The
White Paper identifies a process for the identification of potential threats
and a risk assessment and management protocol that would result in
recommendations for specific management activities related to source water
protection. A copy of the proposed
mandatory framework for the threats assessment process and proposed content of
a source water protection assessment are identified on Appendices ‘D’ and ‘E’
respectively. The municipality would
have a role in this process; however, it is unclear what that role would
be. For instance, will municipalities be
expected to identify lands that pose a potential threat? Are site specific inventories expected? Markham is not resourced with the staff or expertise to provide a significant
role in this highly technical area of risk assessment and further dialogue with
the province would be appropriate prior to finalization of the
legislation.
Water
taking programs and charges also under review
The
Provincial government is undertaking a review of the rules and processes
associated with water takings, including the ‘Permit to Take Water’ (PTTW)
program to improve the management of water resources and provide an enhanced
notification process for interested parties.
The PTTW process generally applies to anyone taking more that 50,000
litres of water a day and exempts water for individual household use, direct
watering for livestock and water for firefighting. The Province will continue to lead this
activity. Staff
recommend that the Province be encouraged to develop improvements to the
program and process and ensure a sufficient notification process for municipalities
in the future.
FINANCIAL CONSIDERATIONS:
There
are no direct financial considerations at this time resulting from the Town’s
response to the White Paper on Watershed-based Source Protection Planning. However, the source protection plan planning
process and long-term implementation of the source protection plan may
seriously impact on future staff and budget resources at the regional and/or
local municipal levels. The Provincially
appointed Implementation Committee will be providing advice to the Province on
municipal roles and responsibilities and funding. It would be appropriate to urge the
Provincial government to consult with municipalities prior to incorporation of
the Committee’s recommendations into legislation.
ENVIRONMENTAL CONSIDERATIONS:
The
proposed source protection planning process will provide the Town with a Provincially mandated policy framework for the protection
and enhancement of drinking water and groundwater resources. The Province had already announced the
creation of a Greenbelt Study Area under Bill 27 which may also result in
providing a provincial approach towards green space protection. Staff will continue to bring forward
information of the provincial initiatives as information becomes available.
ENGAGE 21ST CONSIDERATIONS:
The
proposed Watershed-based Source Protection Planning
program is generally aligned with the Environmental Focus goal of the Town’s
Engage 21st Markham Strategic Plan.
The program is compatible with the Town’s leadership role in
environmental planning and current initiatives.
BUSINESS UNITS CONSULTED AND AFFECTED:
Staff
from the Legal and Engineering Departments and Community Services were consulted on the
recommendations/actions outlined in this report. Staff will be attending the upcoming workshop
consultations on the White Paper.
CONCLUSION:
The introduction of the Watershed-based Source Protection Planning
Process is expected to impact Markham in terms of financial and technical resources, new responsibilities
related to development approval, and implementation of the required Source
Protection Plan. Town staff
participation throughout this process will be required. Markham should continue to provide leadership in
environmental programs and support the Provincial program. It is recommended that the Province address
the funding needed to prepare and implement the source water protection plan,
and that municipalities be afforded the opportunity to
comment on draft legislation prior to formal release of the program
details.
ATTACHMENTS:
Appendix ‘A’ - Provincial
Government Press Release on the White Paper for Watershed-based Source
Protection Planning
Appendix ‘B’ - Proposed Planning Process
Appendix ‘C’ - Scope and Objectives of the Source
Water Protection Plan
Appendix ‘D’ - Proposed mandatory Framework for the
Threats Assessment Process
Appendix ‘E’ - Proposed
Content of a Source Water Protection Assessment
File Path - Q:\Development\Planning\MISC\MI496 Source Protection
Planning\reports\Report to DSC
March 232004.doc
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning and Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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