Ontario water policy must…

Ontario water policy must build the foundation for a just and water-secure future. The provincial proposal summary for ERO #019-2017 states “Ontarians can be confident that water resources in the province are protected by strong policies as we continue to ensure we are prepared to adapt to changing circumstances”.

I agree with Wellington Water Watchers in recognizing that this proposal makes some progress with regards to integral steps in developing a framework, however it falls short and in many ways is even a step backwards.

One significant step backwards in this proposal is removing the hard won mandatory reductions in water takings during drought conditions for bottled water permit holders is particularly problematic. Within a strong water prioritization strategy, and in adherence to the ministry’s mandate to apply the precautionary principle, common sense would require that lower priority permits would necessarily be reduced or terminated in the case of drought conditions. While it is important for a Water Director to have the ability to decrease water takings at any time, there needs to be the framework of prioritization that would ensure accountability. Companies and other permit proponents that claim to be committed to water and environmental sustainability and who are committed to voluntarily reducing their water-taking during drought conditions will be unaffected by making this action mandatory. In fact, making this action mandatory reinforces the conservation efforts they claim to value by ensuring that other water takers follow their lead. At the community level, moreover, the lack of mandatory drought restrictions for large water takers like bottlers has been the source of considerable resentment among individuals facing mandatory restrictions imposed by their municipalities. Removing these drought restrictions will re-ignite this resentment and raise questions among many about the priorities of our current provincial government.

I also take issue with the proposals intent to issue permits for up to a maximum of 10 years instead of five years, at the discretion of the Permit to Take Water Director on a case-by-case basis. Given the rapid pace of development and population growth, in the context of the unpredictability of climate change, Permits To Take Water should be limited to a maximum of 5 years to ensure timely review. Extending the time-lines on these permits does not have popular support. In fact, a poll Wellington Water Watchers commissioned in 2018 found more that 68% of Ontarians from all parties and in all parts of the province supported the phasing out of permits for bottling water within the subsequent 10 years. Extending the time-limits on PTTWs would be contrary to the will of the people of this province.

I am also concerned about an inadequate representation for the needs of the ecosystem. Given the lack of appropriate input and consultation from First Nations within this strategy, and add to that the recent cutbacks to Conservation Authorities, this lack of representation is exacerbated. While Ontario’s water-taking policies recognize the need to protect ecosystem functions there is no protocol for Ministry collaboration with the MNRF to develop guidance on how to prioritize, monitor and protect the key indicators of ecosystem functions in relation to water takings. The Ministry must do more to protect biodiversity, especially in southern Ontario where biodiversity is most at risk.

First Nations are not mere public stakeholders on frameworks for water protection. The Crown’s duty to consult meaningfully with respective rights-bearing First Nations remains pending and outstanding within this framework. It is not sufficient that the five Regional Ministry of Environment, Conservation and Parks (MECP) Water Directors can casually, at their own discretion, decide if, when and how they might ‘engage’ First Nations within respective tertiary watersheds on permits to take water (PTTW). Much more diligence will be needed by Ontario to even begin meeting the bare minimum commitments of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and free, prior and informed consent (FPIC), for which Canada has accepted, and federal legislation is imminent.

Additionally, there are a few Resolutions from the 133 First Nations’ Chiefs-in-Assembly that your Ministry is aware of. One resolution opposes the use of this Environmental Registry as a means to engage and consult with First Nations. Another enacts a province-wide First Nations-based moratorium on all commercial, for-profit water takings in Ontario across all treaty areas … until further notice. So, this ‘enhancement’ that the document speaks of to notify “Indigenous communities” of proponent draft strategies via a (30-45-90 day) Environmental Registry posting will not meet the Crown’s legal duty to consult.

In summary, I reject this framework proposal. Consultation with and the consent of First Nations is missing from this framework, as is the necessary prioritization of water taking permits that would be derived from an adequate consultation process. Water is not simply a ‘resource to be managed’ but the source of all of our lives.

Water for Life, Not Profit.

Thanks for your consideration of these comments.