BACKGROUNDER
As part of its commitment to protect the supply of drinking water for all Ontarians, the McGuinty government is proposing tough new rules for water takings. Ontariošs proposed new water-taking permit regulation under the Ontario Water Resources Act would ensure Ministry of the Environment directors follow even more stringent safeguards before granting large water takings.
The proposed new water-taking regulation
The proposed regulation would:
1) Strengthen the factors that ministry directors must consider in making water-taking decisions.
The proposed new regulation would make protection of the natural ecosystem a key deciding factor in granting water-taking permits. Ministry directors would have to consider:
* potential impacts of the proposed water taking on ground and surface water, including potential impacts on water quantity and quality;
* potential impacts of area water takings on water supply, including impacts on groundwater aquifers in the area; and
* potential impacts of the proposed water taking on stream flows and water levels, as well as on the habitat that depends upon certain flows and levels.
Thus, permit applicants would better know what specific expectations they are required to meet.
2) Explicitly include water conservation as a factor ministry directors must consider in making water-taking decisions.
The proposed new regulation would provide the ministry with the authority to mandate water conservation when necessary on a permit-by-permit basis (e.g., a water conservation plan).
3) Set conditions for ministry directors to refuse permits for uses that remove water from the watershed, where there are concerns about the sustainability of the watershed.
The proposed rules would require the ministry to pre-screen applications that remove water from a watershed based on an assessment of water availability in the watershed.
Under the proposed regulation, where there is high water use in a watershed, the ministry director would be required to refuse permit applications for new or expanding uses that remove water from the watershed.
If the application is refused, the proposed water taking must move to a watershed with a lower level of water use, or the proposed water taking must not operate during the summer or any other period when water flows are low.
4) Require mandatory reporting of water takings by permit holders.
In the Report of the Walkerton Inquiry, Commissioner OšConnor recommended that watershed-based source protection plans be implemented and that water-taking permits adhere to the provisions in these plans. In addition, consultations confirmed broad support for mandatory reporting.
Better information on water takings is the cornerstone of better water management and watershed-based planning.
The proposed new regulation would require annual reporting of water takings by permit holders. This information would be available for use by the ministry and others involved in watershed planning and water management activities.This reporting requirement would be implemented on a priority basis. Municipal drinking water systems, major industrial dischargers and users that remove water from the watershed would be the first users required to report. Most of these users are also in a better position to begin reporting their water use. Other users would be required to report based on a priority sequence currently under review by the ministry.
5) Require enhanced notification to municipalities and conservation authorities of water-taking permit applications.
Under the proposed new regulation the ministry would send notification of water-taking permit applications to all affected municipalities and conservation authorities.
The proposed regulation has been posted to the Environmental Bill of Rights Registry (http://www.ene.gov.on.ca/envision/env_reg/ebr/english/index.htm) for public comment for 60 days.
Water-taking charges
The ministry is reviewing options for charging for water-takings as a result of comments received from stakeholders during the Source Protection Planning White Paper consultations. The first stage of Ontariošs water taking charges framework is expected to be an administrative fee for water-taking permit applications to recover the ministryšs costs to review these applications. The ministry intends to bring forward a proposed framework for water taking charges in Fall 2004.
Exemption from the water-taking permit moratorium for road construction crews
In addition, portable ready-mix concrete plants will be exempted from the water-taking permit moratorium in time for the summer road construction season. This industry uses short-term water takings that do not pose a significant threat to the watershed.
Contact:
Arthur Chamberlain
Minister's Office
(416) 314-5139
John Steele
Communications Branch
(416) 314-6666
