To Whom it May Concern: RE:…

To Whom it May Concern:
RE: ERO #025-0730
I write to strongly oppose ERO #025-0730, “Proposed changes to provide flexibility for water taking activities.” This proposed regulatory amendment continues this government’s diminution of environmental protections in Ontario. It undermines public oversight, violates Indigenous rights, and accelerates the privatization and exploitation of our common property resource - water.
The proposed changes would apply to all types of water-taking permits - not just water bottling, but also aggregate operations, mining, exploration, industrial uses, agriculture, recreation, and other commercial extractions from surface and subsurface sources. The amendments to the regulation are designed to apply retroactively, and may even include expired permits, raising significant questions about accountability, regulatory integrity, and the potential for de facto perpetual water-taking rights.
The following observations address the likely impacts of these amendments which follow:

1. There is a question on the constitutionality of a regulation change when a common property resource - water, protected in Ontario by the common law doctrine of riparian rights - is being conferred as a private right attached to property. Such a change requires a statutory amendment.

Water-Taking Permits can not be treated as transferable assets attached to property. At present a new owner must apply for a new Permit to Take Water (PTTW). The review of the application by trained professional Ministry staff maintains watershed and environmental integrity, community protections, and public trust by reviewing intended use of the water; Impacts on watershed ecosystems, wetlands, and drinking water supplies; capabilities of the new owner/operator; and provides for municipal and public input. Removing the above reviews and inputs increases the possibility of private speculative land purchases for the purpose of water exploitation.

The amended regulation is designed to apply retroactively, and may even include expired permits, raising significant questions about accountability, regulatory integrity, and the potential for de facto perpetual water-taking rights. need for consideration of watershed impacts during environmental reviews which will not be required when PTTW permits are extended for an unknown time.

2. The present and future impacts of climate change remove Ontario from an era of abundant water supply to one where water scarcity will be more prevalent thus the need for consideration of watershed impacts during environmental reviews needs to be enhanced not restricted as these amendments will achieve. This is a special problem when PTTW permits are extended for an unknown length of time.
At present municipalities are required to consent to any water bottling proposals in their municipality. Municipalities should continue to have responsibility for vetoing permits for commercial water bottling companies.

It is unclear what the impacts of the proposed regulation changes will be on municipal planning and Source Protection Authorities’ management requirements derived from the Provincially approved Source Water Protection Plans. These impacts need to be studied further and resolved before modifying the current regulation.

3. Changes to the regulation may become a national water security issue. If permits are allowed to operate with no scrutiny, Canada’s freshwater resources could become locked into trade obligations under agreements like NAFTA/USMCA, restricting future governments’ ability to protect or reclaim control over water.

Conclusion and Recommendations

I support and endorse the conclusions and recommendations of Water Watchers as they state in their submission. “This proposal paves the way for unchecked water extraction by allowing permits to be transferred without scrutiny, consultation, or environmental review. It could lead to a system of perpetual permitting that sidesteps accountability and accelerates ecological harm.
I respectfully urge the Ministry to:
• Reject the proposed changes to PTTW regulations.
• Reaffirm that all new owners must apply for a new permit through a public, scientific, and Indigenous-informed review process.
• Uphold the duty to consult Indigenous Nations as required by provincial and constitutional law;”

Further, I would add, that before any amendments are considered that a detailed review be carried out of the impacts the proposed changes will have on municipal planning; Source Protection Authorities’ management requirements; and Canada’s trade obligations under agreements like NAFTA/USMCA.

I believe the PTTW program is one of many approaches to protecting Ontario’s watersheds. Any shift away from the current diluted and fragmented approach to watershed management is to be avoided. What is necessary is a comprehensive outcomes-based framework for watershed security, defined by the Ontario Headwaters Institute (OHI) as healthy and resilient watersheds that protect regional ecological integrity, social well-being, and economic vitality. As OHI states “Water is life, let’s act like it”