The proposal to remove the…

The proposal to remove the requirement for waterpower facilities to attain a Permit To Take Water administered by the Ministry of the Environment Conservation and Parks and regulate these facilities through the Lakes and Rivers Improvement Act for the stated reasons are duplication in the approvals and burden reduction for the industry. While LRIA may take up the mercury concerns there are many more concerns and impacts from water power facilities that the ERO posting is silent on and it is unclear if they are also to be adopted. These are areas where the Permit To Take Water and the Lakes and Rivers Improvement Act are not duplicative. Removing the Permit to take water and relying on the existing Lakes and Rivers Improvement Act ignores many aspects of water management and stakeholder engagement opportunities that are addressed in the Permit to take water but rarely considered to any extent under the Lakes and Rivers Improvement Act plans (based on water management plans one can find on the web). MNRF should be provided ample funding and staff resources to adapt LRIA to address the critical gaps left by removal of the Permit, in addition to mercury.

The majority of waterpower facilities are located on crown land. Many of them in the northern in areas with high biodiversity and endangered or threatened species but out of the public eye. MNRF has an obligation and the mandate to protect these for future generations and not exploited for short term gains on one industry.

I urge MNRF to take a more active role in updating and reviewing these plans. including developing a formal program to enable better auditing for compliance. These plans, most now 10 years or older vary significantly in the consideration of environmental matters which are key issues in the Permit to take water. In addition, because no new water management plans are being prepared and the provisions of water management plans do not apply in the event of a ‘declared flood, low water condition or emergency situation’ it seems any protections outlined for ecosystems and fish in water management plan or Dam operating Plans, and presumably soon for mercury risk management plans do not apply during drought. The Permit To Take Water has no such gap.

In addition some water power facilities have been in operation for years and are not part of a Water Management Plan. Dam Operating plans, if they have one, are not available to the public. Are these facilities to be unregulated if exempt from a Permit to take water? Will MNRF be making changes to ensure Dam Operating Plans and Water Management Plans are up to date and commitments, including mercury risk management plans apply during critical low water periods?

Many of these water power facilities are located in northern Ontario, an area expected to be acutely impacted by the effects of climate change. Hot dry conditions are also when operators would be driven to create the most energy possible but it is unacceptable to allow waterpower facilities to operate with disregard for the needs of environmental protection, especially during times of critical importance to the survival of water dependent ecosystems including threatened or endangered species. How will these Lakes and Rivers Improvement Act approvals adapt to the expected impacts from climate change?

Lakes and Rivers Improvement Act approvals and plans do not require waterpower facilities to control the rate of water released thru turbines. Of the water management plans available ‘on-line’, none incorporated controls for Ramping (rapid rates of change of water flow through turbines) and Peaking (operating a facility so water is released in relation to energy demand). These operational methods increase energy production but can have catastrophic effects on water dependent ecosystems. For these types of facilities, the Permit To Take Water includes conditions of approval to restrict peaking and ramping while still allowing the facility to meet peak power demands. The purpose of the Permit to take water restrictions are to minimize the erosion of lakeside properties above the dam as well as reducing erosion of the stream banks and sediment inundation of spawning grounds below the dam. water power facilities should not be allowed to use the loop hole of applying their water levels that are based on "seasonal averages under normal conditions" on a daily basis in order to operate as peaking facilities.

The Lakes and Rivers Improvement Act approvals focus on 'seasonal water levels under normal conditions', makes it impossible to capture day to day rapid changes in water release. Protecting critical ecosystems and biodiversity while maintaining steady water levels in the reservoir and downstream should be a priority when updating requirements for approvals and plans under the Lakes and Rivers Improvement Act.

LRIA doesn’t require waterpower facilities to sustain water dependent ecosystems or consider the needs of other water users below the dam: The Permit To Take Water requires waterpower facilities to allow enough water to pass though the dam to maintain a minimum stream flow downstream of the facility. The amount is determined based on the needs of the downstream ecosystem and water users. Downstream water users can include drinking water supply for humans and wildlife. It can also include wastewater or mining operations that depend on a minimum river flow being available to assimilate pollution discharge. This seems to be yet another area where there is no duplication.

Where are the opportunities in LRIA for regular periodic public engagement? The Permit To Take Water process provides concerned citizens and Indigenous communities the right to appeal a Permit To take Water decision to the Environmental Review Tribunal. How will the public be notified of changes to a waterpower facilities operation and how can stakeholders be engaged?

Will LRIA approvals take the place of the Permit to take water to verify commitments made by the water power industry in a Class Environmental Assessment are being implemented? Since MECP can not approve a Class Environmental Assessment for waterpower, commitments and refinements related to water quality, zone of influence, reservoir water levels, downstream river flows, as well as public and indigenous engagement are often left to the Permit to take water to enforce.

Thanks you for the opportunity to comment.