source protection committee meeting #1/18 chair: douglas ... · 21/3/2018 · black creek pioneer...

Source Protection Committee Meeting #1/18

Chair: Douglas Wright

Wednesday, March 21, 2018

10:00 AM to 2:30 PM

Black Creek Pioneer Village, Weston Rooms

1000 Murray Ross Pkwy, Toronto, ON

Lunch will be provided.

AGENDA

1. Call to Order

2. Roll Call and Certification of Quorum

3. Disclosure of Pecuniary Interest

4. Chair’s Remarks

5. Review of Agenda

6. Minutes6.1 Approval of Minutes of Meeting #2/17 – September 20, 2017 6.2 Business arising from the minutes

7. Delegations

8. Correspondence8.1 Email Message from Heather Malcolmson, Director, Source Protection Programs Branch

(SPPB) Dated September 13, 2017 to Source Protection Program Managers and Source Protection Committee (SPC) Chairs regarding the Source Water Protection Threats Tool

8.2 Letter from John Daly, County Clerk, County of Simcoe Dated October 10, 2017 to Cindy Maher, Clerk, Town of New Tecumseth regarding the Status of Decision to Amendment No. 52 to the Official Plan for the Town of New Tecumseth

8.3 Email Message from Neil Gervais, Senior Drinking Water Programs Advisor, SPPB Dated October 16, 2017 to Source Protection Program Managers and SPC Chairs regarding Municipal Engagement associated with the development of the Section 36 Workplan

8.4 Letter from Heather McClintock, Head, Maintenance and Operations, MTO Dated October 20, 2017 to Jennifer Stephens, CTC SPR Program Manager regarding the Ministry of Transportation’s Salt Management Plan Update for 2017

8.5 Letter from Paul Evans, Deputy Minister, Ministry of the Environment and Climate Change, Dated November 3, 2017 to Ministry Stakeholders regarding the reorganization of the Ministry

3

12

13

14

15

17

8.6 Email Message from Heather Malcolmson, Director, SPPB Dated November 14, 2017 to Source Protection Program Managers and SPC Chairs regarding the 2017 Annual Progress Report Template and Supplemental Form Template

8.7 Email Message from Jennifer Stephens, CTC SPR Dated February 7, 2018 to Ryan Wheeler, Emergency Management Consultant for Trans-Northern Pipelines regarding Stakeholder Engagement in 2018

8.8 Email Message from Neil Gervais, Senior Drinking Water Programs Advisor, SPPB Dated March 2, 2018 to Source Protection Program Managers and SPC Chairs regarding evaluating the impact of prohibition policies on agricultural activities outside of the WHPA-A and IPZ-1

9. Presentations9.1 Annual Reporting under the Clean Water Act, 2006 (related to Items 10.1-10.2) – J. Stephens

(CTC SPR) 9.2 Annual Reporting - Municipal Implementation (related to Item 10.1) - CTC SPR Municipalities 9.3 Annual Reporting – Lake Ontario Collaborative Group (related to Item 10.1, 10.2) – W.

Snodgrass, City of Toronto) 9.4 Annual Reporting – Provincial Implementation (related to Item 10.2) – J. Stephens (CTC SPR)

10. Items for Committee Action10.1 Annual Reporting – Municipal Implementation of the CTC Source Protection Plan (to follow in

supplementary material) 10.2 Annual Reporting – Provincial Implementation of the CTC Source Protection Plan (to follow in

supplementary material) 10.3 Section 36 Workplan Engagement and Submission Process 10.4 Amendments to the CTC Source Protection Plan under Section 34 (to follow in supplementary

material) 10.5 Amendments to Regulation 287/07 under the Clean Water Act, 2006 10.6 Proposed new regulation under the Safe Drinking Water Act 10.7 CTC Source Protection Committee Sector Engagement Plan

11. Items for Committee Information

11.1 Drinking Water Source Protection (DWSP) Program Update (verbal) 11.2 Watershed Planning Guidance (verbal) 11.3 CTC Source Protection Committee Replacement Plan (verbal)

12. New Business

13. Next Meeting – May 31, 2018 (Location: Black Creek Pioneer Village)

14. Adjourn

19

21

23

24

36 42 48

MINUTES – CTC SPC Meeting #2/17 Page 1 of 9

MINUTES

CTC Source Protection Committee Meeting #2/17

Wednesday, September 20, 2017

1. CALL TO ORDER

The Source Committee Chair, Douglas Wright called the meeting to order at 10:00 a.m. on September 20, 2017 at Black Creek Pioneer Village, North York.

2. ROLL CALL AND CERTIFICATION OF QUORUM

The following members and staff were in attendance;

Members Julie Abouchar Geoff Maltby Nicola Crawhall Nancy Goucher Peter Miasek Michael D’Andrea Lee Gould Mahesh Patel Andrew Farr Rosemary Keenan John Presta Robert Goodings David Kentner Fred Ruf Don Goodyear Heather Laidlaw Maria Topalovic

Quorum was achieved.

Regrets Wendy Burgess Louise Foster Chris Gerrits Irv Harrell (Proxy to Peter Miasek)

Staff Kristina Anderson Daniela MacLeod Gayle SooChan Don Ford Kerry Mulchansingh Jennifer Stephens Chris Jones Alyssa Roth Jeffrey Thompson Annie Li Chandra Sharma Rod Wilmot

Others Jane Bonsteel (Peel) Irena Kontrec (Orangeville) Kyle Davis (Wellington) Greg Lymer (Durham) Therese Estephan (Peel) Deborah Martin-Downs (CVSPA) Adam Gilmore (Halton) Heather McGinnity (Orangeville) Stefan Herceg (Peel) Bill Snodgrass (Toronto)

Mary Wooding (MOECC Liaison)


3. DISCLOSURE OF PECUNIARY INTERET

There were no disclosures of pecuniary interest.

4. CHAIR’S REMARKS

Chair Wright welcomed the Committee.

5. REVIEW OF AGENDA

There were no additions to the agenda as circulated, although Don Goodyear requested that Agenda Item 10.1 be discussed immediately after the corresponding presentation (Agenda Item 9.1).

6. MINUTES

RES #7/17: Minutes of Meeting #1/17 held on April 5, 2017 were approved.

Moved By: D. Kentner Seconded By: D. Goodyear

CARRIED

BUSINESS ARISING FROM THE MINUTES

Jennifer Stephens confirmed that the Rules of Procedure discussed at Meeting #1/17 held on April 5, 2018, will be brought before the Toronto & Region Source Protection Authority at their October meeting for endorsement. The Rules will then be posted on the CTC Source Proteciton Region website (www.ctcswp.ca).

Jennifer Stephens informed that the Minutes from Meeting #1/17 held on April 5, 2018 were in a different format than at previous CTC SPC meetings. Historically, the entire agenda package was incorporated into the Minutes. For Meeting #1/17, a shorter version of the Minutes was created including only Resolutions and a record of discussions which took place at the meeting. The Committee confirmed that there was a preference for a shorter version of the Minutes.

7. DELEGATIONS

There were no delegations.

8. CORRESPONDENCE

8.1 Letter from Frank Dale, Regional Chair and CEO, Regional Municipality of PeelDated May 5, 2017 to Douglas Wright, Chair, CTC Source Protection Committee (CTC SPC) regarding Clean Water Act Requirements – Replacement of Risk Management Official (RMO) and Municipal Representative on the CTC SPC

8.2 Letter from Karen Morden, Legislative Coordinator, City of Mississauga Dated May 25, 2017 to Douglas Wright, Chair, CTC SPC regarding endorsement of A. Farr as Municipal Representative on the CTC SPC

http://www.ctcswp.ca/


8.3 Letter from Terri Brenton, Legislative Coordinator, City of Brampton Dated June 20, 2017 to Jennifer Stephens, PM, CTC Source Protection Region (CTC SPR) regarding endorsement of A. Farr as Municipal Representative on the CTC SPC

8.4 Letter from Stephanie Jurris, Legislative Specialist, Regional Municipality of Peel

Dated July 13, 2017 to Douglas Wright, Chair, CTC SPC regarding Clean Water Act Requirements – Changes to the Groundwater-Based Municipal Supply Systems and Associated Wellhead Protection Areas

RES #8/17: THAT the above-noted correspondence 8.1 – 8.4 be received.

Moved By: P. Miasek

Seconded By: L. Gould

CARRIED 9. PRESENTATIONS 9.1 Implementation of Policy REC-1 (related to Item 10.1) – Don Goodyear, York

Region; Don Ford, Toronto & Region CA; Jeff Thompson, Toronto & Region CA

This presentation brought to the Committee’s attention the current challenges when implementing the REC-1 policy and proposed a solution which would be respectful of the purpose of the Clean Water Act, 2006.

9.2 Halton Region’s Water Quality Monitoring Program (related to Items 10.2, 10.3) –

Adam Gilmore, Halton Region

This presentation provided an overview of the water quality monitoring programs which Halton Region has implemented at the municipal drinking water wells where increased trends in water quality parameters have been identified.

9.3 Development of an Agricultural Risk Management Plan (RMP) – Adam Gilmore,

Halton Region; Geoff Maltby, OFA – Halton Region; Melissa Prout, OMAFRA This presentation was a case study of the interactions which took place between a landowner, a Risk Management Official, and the Ontario Ministry of Agriculture, Food, and Rural Affairs. The property has an existing Nutrient Management Strategy in place, however, an expansion was planned (therefore requiring a new building permit and a new Nutrient Management Strategy). Further, an activity is currently taking place on the property which requires a Risk Management Plan as directed in a policy in the CTC Source Protection Plan. 9.4 Pipeline Emergency Preparedness & Response – Ryan Wheeler, Sun-Canadian

Pipeline & Trans-Northern Pipeline This presentation provided Committee members an overview of emergency preparedness and response practices in place by Sun-Canadian and Trans-Northern Pipelines. Further, the presentation outlined how the vulnerable areas identified under the Clean Water Act, 2006 are identified and recognized by pipeline companies on their mapping products and in the day-to-


day operations. The presentation also reviewed the regulations pipeline companies are required to adhere to in the Province of Ontario through the Technical Standards and Safety Authority Act (TSSA) and the National Energy Board Act (Canada).

RES #9/17: THAT the presentations listed under Items 9.1 – 9.4 be received.

Moved By: L. Gould Seconded By: R. Keenan

CARRIED

10. ITEMS FOR COMMITTEE ACTION

10.1 Amendments to the CTC Source Protection Plan under Section 34

Recommended revisions to the CTC Source Protection Plan, including the Toronto and Region Assessment Report and the Credit Valley Assessment Report were proposed to the Committee. A timeline and the plan amendment process were also discussed. Lastly, staff with support from York Region proposed an interim measure to assist with the implementation of Policy REC-1.

Key Points of Discussion:

- CTC Source Protection Plan definitions (i.e. major development) need to be consistentwith other definitions used in Provincial Plans (Nicola Crawhall);

- By including the terminology ‘major development’ in the revised policy text will make theamended policy consistent with that used in other source protection regions andProvincial Plans (Jeff Thompson);

- It is worth bringing this concern to the Source Protection Programs Branch (SPPB) thatappropriate terminology must be consistent across the Province (Nicola Crawhall);

- Concern will be brought to the attention of staff within the SPPB (Mary Wooding);- Staff may need to look at also incorporating reference to impervious surfaces in revised

REC-1 policy; the South Georgian Bay – Lake Simcoe Source Protection Plan didinclude reference to impervious surfaces (Jeff Thompson).

- The Provincial Policy Statement does outline requirements for planning approvalauthorities with respect to recharge areas.

- Committee members did ask it if makes sense to re-delineate the York-Durham WHPA-Q. Staff confirmed that extensive numerical modeling was carried out to create theexisting WHPA-Q and there are no plans to re-delineate the area at this time. DonGoodyear shared with the Committee that the SPPB is aware that the Water QuantityRisk Assessment Framework is overly conservative. Decreasing the size of the WHPA-Q would simply increase the size of the area subject to best practices to maintainrecharge.

- Concern was raised about impact of not maintaining recharge on private supplies. Staffconfirmed that private wells could be impact, but the Drinking Water Source ProtectionProgram is directed at municipal water supplies. The areas south of the ‘downgradient

line’ have no impact on the drinking water supplies north of the ‘line’. Further, the

Province of Ontario is in the process of developing new low impact developmentguidelines which will move the current requirement to have a 5 mL retention target to 25


mL. This new approach requires developers to justify why the higher retention target cannot be attained prior to being able to proceed with a proposal at a lower retention target. The protection of private water supplies will be supported by this new approach.

- Committee members were concerned with development being north of the downgradientline being held to a more stringent standard than development south of the line. Staffconfirmed that there is confidence with the science behind the source protection planand having to defend that science. The hydrogeology indicates the groundwater southof the ‘line’ flows south and therefore has no impact on the municipal wells.

RES #10/17: THEREFORE, BE IT RESOLVED THAT the CTC SPC endorses the recommendations of the WG to proceed with section 34 amendments to the CTC SPP;

AND THAT the SPC directs the WG to proceed with drafting revised text for the transition policy and policies REC-1, GEN-1, SNO-1, and SAL-7 for presentation to the SPC at Meeting #1/18;

THAT staff be directed to take the necessary actions to consult with the implementing bodies on the proposed policy revisions and report back to the CTC SPC at Meeting #1/18 to be held January 24, 2018; and

AND FURTHER THAT the CTC SPC confirms its support for the proposed changes to policy REC-1 which would no longer require development down-gradient of municipal supply wells within the Tier 3 Water Budget WHPA-Q2 Area to be supported by a water balance assessment demonstrating that predevelopment groundwater recharge will be maintained.

Moved By: D. Kentner Seconded By: J. Abouchar

CARRIED

10.2 CTC SPC Endorsement of Approach to Section 36 Review and Workplan Development

The Clean Water Act, 2006 and Ontario Regulation 287/07 clearly identify the scope and process by which amendments can be made to a source protection plan. The CTC Source Protection Committee (SPC), at Meeting #1/16, held on November 28, 2016 by RES. #5/16, authorized the formation of an Amendments Working Group (WG) to work with staff and municipal partners to develop recommendations for amendments to the CTC Source Protection Plan (CTC SPP) and report back at Meeting #2/17. Staff reviewed the content of the Section 36 Review and Workplan in addition to proposing an approach for completing the Section 36 Review and Workplan as a result of discussions with municipal partners and CTC SPC members on the Amendments Working Group.

Key Points of Discussion:

- The importance of consistency in source protection plan policies to ensure that there isequal treatment of property owners and businesses across the Province (N. Crawhall);


- The MOECC has to understand that there is a balance between a locally developedapproach and provincial consistency (F. Ruf);

- The Province has taken such a prescribed and rigid approach to the evaluation of risk,but flexibility in developing policies (P. Miasek);

- Where possible, perhaps the Committee should look at incorporating consistency intothe Section 36 Review. Continued coordination with adjacent source protectionregions/areas will be necessary to understand concerns from other Committees (D.Wright).

RES: #11/17: THAT the CTC SPC endorses the approach recommended by the WG to proceed with the review of the CTC SPP as required under section 36 of the Clean Water Act, 2006; and

THAT staff be directed to take the necessary action to consult with the implementing bodies on the proposed content of the section 36 review and report back to the SPC at Meeting #1/18 to be held January 24, 2018.

Moved By: D. Kentner Seconded By: J. Abouchar

CARRIED

10.3 Annual Reporting on Implementation of the CTC Source Protection Plan

The Clean Water Act, 2006 and Ontario Regulation 287/07 identify annual reporting requirements. The Minister of the Environment and Climate Change (MOECC) has specified that the CTC Source Protection Region is required to produce its first Annual Progress Report by May 1, 2018. Staff of the Source Protection Program Branch, MOECC, have provided guidance and the templates necessary to complete the annual report to the Minister.

- Staff presented the MOECC Annual Progress Reporting Framework to Committeemembers;

- Reviewed the approach used by the CTC SPR to obtain information from implementingbodies pertaining to developments from the first year of implementation; and

- Staff proposed an approach to obtaining annual reporting information from implementingbodies by February 1, 2018.

RES: #12/17: THAT the CTC SPC endorses the proposed Annual Reporting Approach for the CTC SPR;

AND THAT staff be directed to work with CTC SPR municipalities to finalize the customized reporting templates for submission in February 1, 2018;

AND THAT staff be directed to revise the CTC SPR Public Facing Annual Report taking into account feedback obtained at CTC SPC Meeting #2/17 (September 20, 2017), as well as suggestions from members of the Annual Reporting WG,


AND FURTHER THAT staff be directed to provide drafts of both the MOECC

Annual Progress Report and the CTC SPR Annual Progress Report to the

CTC SPC at Meeting #1/18 to be held on January 24, 2018 for their

consideration.

Moved By: G. Maltby Seconded By: F. Ruf

CARRIED

10.4 Town of Orangeville – Policy Implementation Update – SWG-19

Policy SWG-19 in the CTC Source Protection Plan (CTC SPP) requires that the Town of Orangeville undertake research to determine the extent to which the chloride loading from the Town’s Water Pollution Control Plant (WPCP) outfall into the WHPA-E for Well 10 influences the rising chloride levels measured at this well. The Town is required to report back to the Credit Valley Source Protection Authority (CVSPA) within 2 years from the date the CTC SPP takes effect. CVSPA, in partnership with the Town of Orangeville, is to report to the CTC Source Protection Committee (CTC SPC) on the results of this research and make recommendations to the CTC SPC as to whether a formal request should be made to the MOECC to add the WPCP outfall as a Local Threat pursuant to section 119 of the Technical Rules. Heather McGinnity (Risk Management Official) and Kerry Mulchansingh (CVSPA) provided an update on the status of this research initiative.

RES: #13/17: Policy SWG-19 in the CTC Source Protection Plan (CTC SPP) requires that the Town of Orangeville undertake research to determine the extent to which the chloride loading from the Town’s Water Pollution Control Plant (WPCP) outfall into the WHPA-E for Well 10 influences the rising chloride levels measured at this well;

AND WHEREAS the Town of Orangeville is required to report back to the Credit Valley Source Protection Authority (CVSPA) within 2 years from the date the CTC SPP takes effect;

AND WHEREAS the CVSPA, in partnership with the Town of Orangeville is to report to the CTC Source Protection Committee (CTC SPC) on the results of this research and make recommendations to the CTC SPC as to whether a formal request should be made to the MOECC to add the WPCP outfall as a Local Threat pursuant to section 119 of the Technical Rules;

Moved By: P. Miasek Seconded By: H. Laidlaw

CARRIED


10.5 Proposed 2018 CTC SPC Meeting Schedule CTC SPR staff propose three additional meetings in 2018 to coincide with planned completion of technical work, the anticipated need to make decisions in relation to the updating the CTC SPP, as well as acquiring Committee support for the contents of the Section 36 workplan. RES #14/17: THAT CTC SPC members approve the 2018 CTC SPC meeting schedule,

and direct staff to post the approved schedule on the CTC Source Protection Region (CTC SPR) website.

Moved By: L. Gould

Seconded By: J. Presta

CARRIED 11. ITEMS FOR COMMITTEE INFORMATION

11.1 Drinking Water Source Protection (DWSP) Program Update J. Stephens provided an update on the implementation of the Drinking Water Source Protection Program in the CTC Source Protection Region (CTC SPR). The presentation informed the Committee of a number of developments including:

Preparation of the ‘Guide for Actively Managing Watershed-Scale Numerical Models in Ontario’ by the Oak Ridges Moraine Groundwater Program;

Education and outreach materials prepared by Wellington Source Water Protection and the Region of Halton;

Status of Phase II – Technical Rules Review; Conservation Ontario and Source Protection Programs Branch participation in the Great

Lakes Conservancy Source Water Initiative; CTC SPR Participation in Great Lakes Chloride Forum on October 4, 2017; CTC SPR Participation in the Ontario Good Roads Association ‘Calibration Cruise-In’

held in September 2017; Release of the Environmental Commission of Ontario’s 2016/2017 Annual Energy

Conservation Progress Report entitled ‘Every Drop Counts: Reducing the Energy and Climate Footprint of Ontario’s Water Use’;

The MOECC’s Hauled Sewage Policy and Program Review Working Group, which has been created as a platform to provide input and advice to the ministry;

Increased water levels in the Great Lakes in 2017; and The expected release of the Lake Ontario Lakewide Management Plan.

RES #15/17: THAT the CTC SPC receives the Drinking Water Source Protection Program

Update for information.

Moved By: D. Kentner Seconded By: H. Laidlaw

CARRIED

https://oakridgeswater.ca/A%20Guide%20for%20Actively%20Managing%20Numerical%20Models/Forms/AllItems.aspx

https://oakridgeswater.ca/A%20Guide%20for%20Actively%20Managing%20Numerical%20Models/Forms/AllItems.aspx

http://www.wellingtonwater.ca/en/index.aspx

http://www.halton.ca/cms/One.aspx?portalId=8310&pageId=12039

http://www.glc.org/work/sourcewater

https://www.ogra.org/about-us/mandate/index.html

http://docs.assets.eco.on.ca/reports/energy/2016-2017/Every-Drop-Counts.pdf

http://docs.assets.eco.on.ca/reports/energy/2016-2017/Every-Drop-Counts.pdf

https://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTMxMzg3&statusId=MTk5Mjk5

https://binational.net/2017/10/24/loar2017/


12. NEW BUSINESS

There was no new business brought forward.

13. NEXT MEETING

The next CTC SPC meeting is tentatively scheduled for January 20, 2018. The meeting location is at the Toronto & Region Conservation Authority Head Office. Staff will confirm the date and time in advance of the meeting.

14. ADJOURN

ON MOTION, the meeting terminated at 2:25 p.m., on Wednesday, September 20, 2017.

RES #16/17: THAT Meeting #2/17 of the CTC SPC be adjourned. Moved By: H. Laidlaw

Seconded By: P. Miasek

CARRIED

From: "Malcolmson, Heather (MOECC)" <[email protected]> Date: 09/13/2017 01:40 PM Subject: The New Source Water Protection Threats Tool

SENT ON BEHALF OF HEATHER MALCOLMSON, DIRECTOR, SOURCE PROTECTION PROGRAMS BRANCH, MINISTRY OF THE ENVIRONMENT AND CLIMATE CHANGE

I am pleased to advise you that a new Source Water Protection Threats Tool has been launched. It is a dynamic database developed in partnership with Upper Thames River Conservation Authority, which allows users to search and sort the contents of the Tables of Drinking Water Threats easily and efficiently.

The Source Water Protection Threats Tool is available at http://swpip.ca/Threats. As well, it can be accessed through the Source Protection Information Atlas under “Help and Resources” tab.

We will be showcasing the Tool to the SPC Chairs at the upcoming Chairs meeting next month.

In the interim, we will be providing dedicated training sessions for the Project Managers including Risk Management Officials and Inspectors, to help them carry out their related duties. Information about these training sessions will be sent to the Project Managers including Risk Management Officials and Inspectors in a follow-up email.

I encourage you to use the Tool and locally promote its availability.

https://www.ontario.ca/page/tables-drinking-water-threats

http://swpip.ca/Threats

https://www.gisapplication.lrc.gov.on.ca/SourceWaterProtection/Index.html?site=SourceWaterProtection&viewer=SWPViewer&locale=en-US

From: "Gervais, Neil (MOECC)" <[email protected]> Date: 10/16/2017 12:57 PM Subject: S36 Supplemental Information Bulletin #1: Municipal Engagement

Hello Everyone,

Thank you for the opportunity to discuss the attached supplemental information bulletin on municipal engagement with you all at the Chairs meeting last week in Toronto. As discussed, I have attached a copy of the bulletin for your use when developing your s36 workplans.

Should you have any questions about this guidance please don’t hesitate to contact me.

Regards, Neil.

Neil Gervais Senior Drinking Water Program Advisor, Source Protection Approvals Section Source Protection Programs Branch Ministry of the Environment and Climate Change

Phone: (705) 497-6929 Fax: (705) 497-6866 [email protected]

[Attachment "Supplemental Info_s36 Workplan- Municipal Engagement.pdf" deleted]

mailto:[email protected]

Ministry of the Environment and Climate Change

Deputy Minister

77 Wellesley Street West 11th Floor, Ferguson Block Toronto ON M7A 2T5 Tel.: 416 314-6753 Fax: 416 314-6791

Ministère de l'Environnement et de l’Action en matière de changement climatique

Sous-ministre

77, rue Wellesley Ouest 11e étage, édifice Ferguson Toronto ON M7A 2T5 Tél: 416 314-6753 Téléc.: 416 314-6791

Dear Ministry Stakeholder,

The Ministry of the Environment and Climate Change has provided outstanding environmental protection for more than 40 years. The work we do touches every corner of the province and improves the health and well-being of all Ontarians.

Today, I am pleased to share with you some exciting changes that will happen in the ministry, effective December 5, 2017.

The new organizational changes include re-alignment of some existing and creation of new divisions which includes:

Environmental Economics and Analytics Division (new): Responsible foreconomic analysis and advanced analytics to support evidence-based decisionmaking for environmental protection and climate change from a cross-ministerialperspective and with a forward-thinking approach.

Policy and Program Division (new): Responsible for developing policy,regulations and legislation to support the ministry’s mandate of environmentalprotection. Also, responsible for designing programs to protect the environment,and ensure resources are used efficiently and are recaptured and reused toachieve the prosperous circular economy. Responsible for leadingintergovernmental and indigenous relations.

Climate Change Directorate (new): Responsible for leading the long-termstrategy and action plan to reduce Ontario’s greenhouse gas emissions and drivethe transition to a resilient, low carbon economy, including the Climate ChangeAction Plan. Consolidate all climate change-related activities under onemanagement umbrella and streamline like activities e.g. Climate Change ActionPlan, Cap & Trade, Climate Change Adaptation.

Environmental Sciences and Standards Division: Responsible for providingresearch as well as scientific, technical and laboratory expertise to support policyand operational decision-making and also for monitoring and reporting on thestate of Ontario’s environment.

Environmental Assessment and Permissions Division (new): Responsiblefor providing the single point of access for, and leading, the transformation ofministry permissions using risk-based approaches and customer servicestandards. Consolidate the issuance of all approvals, licences, permissions,certificates, etc., under one management umbrella to drive accountability, createefficiencies, increase focus and better align service delivery.

Drinking Water and Environmental Compliance Division (new): Responsiblefor developing and integrating innovative, risk-informed approaches to improvecompliance and the environmental performance of the regulated community. Alsoresponsible for protecting and supporting clean air, water and land, and forimproving the natural environment and human health. Fulfils the ministry’scommitment under Justice O’Connor’s recommendations to have a ChiefDrinking Water Inspector who will continue to have oversight of safe drinkingwater for the province of Ontario.

Corporate Management Division: Serves as a one window to the ministry andprovides strategic administrative support services to ensure compliance withgovernment legislation, policies and procedures. CMD is the primary liaison tocentral agencies (Ministry of Finance/Treasury Board Office and Ministry ofInfrastructure) in the fulfillment of central agency requirements and planningacross government, including the development of the provincial budget and long-term strategic plans.

The reorganization creates a structure to enhance our services and helps us deliver on our commitments to the people of Ontario that protect our environment, public health and fight climate change.

This ministry-wide transformation will make us more effective in our delivery of innovative and risk-based compliance and enforcement services. We remain committed to developing modern, outcome-focused and evidence-based programs that support healthy ecosystems and prosperous communities.

Our ministry structure may be changing but the value and importance of our relationship with you will not change. We will ensure you’re made aware of any changes in programs or key ministry contacts in a timely manner, making sure you continue to receive the same seamless, excellent service and support from our ministry that you’ve come to expect.

With your help, our reorganization creates a structure of support and collaboration that will help us deliver on our commitments to the people of Ontario and protect our environment for generations to come.

Sincerely,

Paul Evans Deputy Minister

From: "Malcolmson, Heather (MOECC)" <[email protected]> Date: 11/14/2017 02:23 PM Subject: 2017 Annual Progress Report template and Supplemental Form for source protection

SENT ON BEHALF OF HEATHER MALCOLMSON, DIRECTOR, SOURCE PROTECTION PROGRAMS BRANCH, MINISTRY OF THE ENVIRONMENT AND CLIMATE CHANGE

Project Managers and Source Protection Committee Chairs,

Further to recent engagement on the 2017 annual reporting framework at the October 2017 SPC Chairs meeting, I am pleased to provide you with the 2017 Annual Progress Report template and Annual Progress Reporting Supplemental Form for Source Protection (Supplemental Form). These are for your use in preparing and submitting your annual progress reports to the ministry.

The Annual Progress Report template and Supplemental Form have been updated based on feedback received from source protection authorities and Risk Management Officials. Updated guidance on how to use the Supplemental Form is also attached for your reference, while guidance on the Annual Progress Report template is embedded within each section of the document.

Also attached are change documents illustrating the changes made in both the Annual Progress Report template and the Supplemental Form since the last release, as well as the reference documents outlining the program outcomes and logic model.

Pursuant to my authority under subsection 52(5) of Ontario Regulation 287/07, the completion and submission of these forms is mandatory for those that have reporting obligations in 2017 (Lakehead, Niagara, Mattagami, Mississippi-Rideau, Lake Erie-Kettle Creek, Lake Erie-Catfish Creek, Sudbury, Trent Conservation Coalition, Raisin-South Nation, Quinte, Cataraqui, Ausable Bayfield Maitland Valley, South Georgian Bay - Lake Simcoe, North Bay - Mattawa, Sault Ste. Marie, Essex, Credit River - Toronto and Region - and Central Lake Ontario, Halton - Hamilton, and Thames Sydenham & Region).

The 2017 annual reporting framework consists of:

Source Protection Annual Progress Report template: To be submitted to the Source Protection ProgramsBranch by May 1, 2018 and posted publicly.

Supplemental Form: This form is also to be completed and submitted by May 1, 2018. The form contentsare designed to generate the information needed to complete the Source Protection Annual ProgressReport template.

Electronic annual reporting to source protection authorities from provincial ministries, via an onlinedatabase, to fulfill monitoring policy obligations and satisfy other annual reporting information needs.The content of the database will inform the portions of the supplemental form related to ministry policyimplementation.

I want to thank you all for your level of engagement and the input you provided on the development and refinement of these forms dating back to 2015.

Should you have any additional questions about the annual reporting framework, please contact Neil Gervais, Senior Drinking Water Program Advisor, at (705) 497-6929 or [email protected]. You can also contact your liaison officer, or email the [email protected] account.

Heather Malcolmson Director, Source Protection Programs Branch Ministry of the Environment and Climate Change



[Attachment "1_Source Protection Annual Progress Report Template_2017.pdf"] [Attachment "2_Source Protection Annual Progress Report Template_2017_change version.pdf"] [Attachment "3_Annual Progress Reporting Supplemental Form for Source Protection_2017....docx"] [Attachment "4_Annual Progress Reporting Supplemental Form for Source Protection_2017....pdf"] [Attachment "5_Guidance & Rationale - Annual Progress Reporting Supplemental Form_201....docx"] [Attachment "6_Source Protection Program Outcomes Descriptions.docx"] [Attachment "7_Source Protection Program Logic Model.pdf"] [Attachment "8_Instructions_Adding images to Source Protection Annual Progress Report....docx"]

From: Jennifer Stephens/TRCA To: Shearwater EES <[email protected]> Cc: [email protected], Don Ford/MTRCA@MTRCA, "Mulchansingh, Kerry"

<[email protected]>, Beth Williston/MTRCA@MTRCA, "Rod Wilmot" <[email protected]>, "Godofredo Carpio" <[email protected]>, Alyssa Roth/TRCA@MTRCA, "Chris Jones" <[email protected]>, "Li, Annie" <[email protected]>, "Bill Snodgrass" <[email protected]>, "Greg Lymer ([email protected])" <[email protected]>, "Tavis Nimmo" <[email protected]>, "Estephan, Therese" <[email protected]>, "Bonsteel, Jane" <[email protected]>

Date: 02/07/2018 04:59 AM Subject: Re: Trans-Northern Pipeline (TNPI) Source Protection Committee Engagement 2018

Hello Ryan:

Thank you for keeping me informed of your outreach to other Source Protection Regions/Areas. I have copied colleagues involved with the Drinking Water Source Protection Program within the three conservation authorities and relevant municipalities along Lake Ontario which comprise the CTC Source Protection Region, as well as planning contacts within the three conservation authorities who I feel might be interested in your offer to engage in 2018.

I want to thank you again for having taken the time to present on the CTC Source Protection Committee in September of last year on Trans-Northern and Sun-Canadian Pipelines Emergency Preparedness and Response practices. The Committee very much enjoyed your engaging presentation.

I expect there will be continued opportunity for our organizations to work together in 2018 with the most recent proposed changes to Ontario Regulation 287/07, as you suggest, but also with the Lake Ontario Collaborative Group (LOCG) (Policy L-O-G-2) (Page 135) gathering momentum since its inception in 2017. As you know, the CTC Source Protection Plan has a Pipeline policy (Page 146) directed at the MOECC to implement. As the LOCG continues to evolve, the platform will exist to ensure the implementation of L-O-PIPE-1 and other similar policies.

Let's stay in touch.

Jennifer

Jennifer Stephens | Manager, Source Protection |CTC Source Protection Region

From: Shearwater EES <[email protected]> To: [email protected], [email protected], [email protected],

[email protected], [email protected], [email protected] Cc: Phil Barnes <[email protected]>, Jennifer Stephens <[email protected]>, Farhad Seif

<[email protected]> Date: 02/06/2018 03:19 PM Subject: Trans-Northern Pipeline (TNPI) Source Protection Committee Engagement 2018

Ladies and Gentlemen,

I hope your 2018 is off to a great start. I wanted to reach out to you on behalf of my client Trans-Northern Pipeline. TNPI is a refined fuels product pipeline that operates in Southern Ontario between Montreal, Ottawa, Toronto, Hamilton and Nanticoke. The pipeline passes through each of your source protection regions. With that being said TNPI has been actively communicating with various Source Protection Programs (CTC, LTCC (Ganaraska) and Raisin-S. Nation) as well as the MOECC over the past couple of years and we want to continue those efforts and ensure

https://www.ctcswp.ca/wp-content/uploads/2016/03/RPT_20151231_CTC_ASPP_Chapter10_fnl_UPDATED_DEC6_2016.pdf

https://www.ctcswp.ca/wp-content/uploads/2016/03/RPT_20151231_CTC_ASPP_Chapter10_fnl_UPDATED_DEC6_2016.pdf

that we reach each committee the pipeline passes through. The benefits are two fold, TNPI is provided the opportunity to communicate and educate stakeholders regarding the pipeline and our efforts to prevent incidents, prepare for accidents and the measures we plan to deploy in the event of an incident. Secondly, engagement allows protection committees to have a better understanding of what pipelines have in place, in accordance with TSSA and NEB legislation, provide feedback and help strengthen existing response plans and proposed tactics.

Of course with the amendments to O. Reg. 287 forthcoming the timing is ideal to continue these engagement efforts.

With that being said, if there are opportunities for TNPI to present or attend and participate in conversation regarding our operations and emergency preparedness and response plans please contact me and we can work to together to coordinate TNPI involvement.

Regards,

Ryan Wheeler Emergency Management Consultant to TNPI

From: "Gervais, Neil (MOECC)" <[email protected]> Date: 03/01/2018 02:03 PM Subject: S36 Supplemental Information Bulletin #2: Prohibition of Agricultural Activities Outside of

WHAP-A or IPZ-1

Hello Everyone,

In addition to the initial s36 guidance from December 2016, as well as the supplemental information bulletin on municipal engagement distributed in October 2017, I am pleased to share our second supplemental information bulletin to support your s36 workplan development. This bulletin focuses on the analysis of policies that prohibit agricultural activities outside of a wellhead protection area A (WHPA-A) or intake protection zone 1 (IPZ-1).

Should you have any questions about this guidance please don’t hesitate to contact me – thank you.

Regards,

Neil.

Neil Gervais Senior Drinking Water Program Advisor, Source Protection Approvals Section Source Protection Programs Branch, Policy and Program Division Ministry of the Environment and Climate Change Phone: (705) 497-6929 [email protected]


TO: Chair and Members of the Source Protection Committee

Meeting #1/18, March 21, 2018

FROM: Jennifer Stephens, Program Manager, CTC Source Protection Region

RE: Section 36 Workplan Engagement and Submission Process

KEY ISSUE: To report back to the CTC SPC on the progress to date in completing the

review and preparing the workplan under Section 36 of the Clean Water

Act, 2006

RECOMMENDATION

THAT the CTC SPC endorse the proposed Table of Contents (Attachment 3), Engagement

Strategy (Attachment 4), and Timeline (Attachment 5) for the Section 36 Workplan to be

submitted to the Minister of the Environment and Climate Change subject to any further

amendments made at its Meeting #1/18, to be held on March 21, 2018 and additional

feedback provided through the Amendments Working Group;

AND FURTHER THAT staff be directed to take the necessary actions to develop a DRAFT

workplan and report back at the May 30th, 2018 meeting (#2/18) of the CTC SPC on

progress to date and seek approval of any further directions required at that time.

BACKGROUND

The Clean Water Act, 2006 (CWA) requires source protection authorities, source protection committees, and municipalities to review and update approved source protection plans in a manner that is set out in a section 36 Order made by the Minister of the Environment and Climate Change (Minister) at the time the source protection plan is approved. The Toronto and Region Source Protection Authority is required to submit this Workplan for the CTC Source Protection Region to the Minister by November 30, 2018.

At CTC SPC Meeting #2/17, held on September 20, 2017, a staff report was received and the CTC SPC authorized by Resolution #15/17 the approach recommended by the CTC SPC Amendments Working Group (AWG) to proceed with the review of the CTC Source Protection Plan (CTC SPP) as required under section 36 of the Clean Water Act, 2006. Further, staff were directed to report back to the CTC SPC at their January 24, 2018 meeting (#1/18) on progress and to seek further direction as required.

CURRENT STATUS

The CTC SPC Amendments Working Group (AWG) has met on three occasions (October 18, 2017; January 10, 2018; February 21, 2018) since CTC SPC Meeting #2/17 held on September 20, 2017. Although the focus of these meetings has primarily been on the Section 34 Amendment currently being prepared, considerable progress has been made in the review of the CTC SPP.

Municipal Meetings

In November and December 2017, staff met independently with each of the municipalities (8) responsible for municipal residential drinking water systems within the CTC Source Protection Region (CTC SPR). These discussions were primarily governed by the required content of the Section 36 Workplan as outlined by the MOECC guidance circulated in December 2016. New

guidance material was released by the MOECC in October 2018 which helped scope these discussions with CTC SPR municipalities (Attachment 1). A summary of the feedback provided by municipal partners follows below.

Section 36 Review Content Discussion Summary

Results of Environmental Monitoring Programs

The majority of municipalities indicated their environmental monitoring did not indicate an increasing trend in particular water quality parameters. The Town of Orangeville and the Region of Halton were required to establish enhanced monitoring programs to comply with policies GEN-7 and SAL-9 in the CTC SPP by December 31, 2017. The results of these efforts will be discussed at CTC SPC Meeting #2/18.

Growth and Infrastructure Changes

New drinking water systems are anticipated in Peel Region (2019), the Town of Orangeville (2020-2021), and the Town of Erin (2020-2021). These drinking water systems will likely be incorporated into the CTC SPP through two or three Section 34 amendments.

Council Resolutions

Only the Region of Peel has outstanding Council Resolutions to bring new drinking water systems on-line. Resolutions from the Town of Orangeville and the Town of Erin can be expected in the future.

Implementation Challenges

All municipalities indicated that the majority of their implementation challenges have been addressed through the current Section 34 Amendment being prepared. However, some policies will need to be revised to align with changes made to the Tables of Circumstances and the Technical Rules under the Clean Water Act, 2006.

Other local considerations (i.e. Tier 3 Water Budgets)

Consideration of numerical modeling, specifically the results and maintenance of, and updates to, the water budget tools created through the completion of the water quantity risk assessment incorporated into the CTC SPP, the Toronto & Region Assessment Report, and the Credit Valley Assessment Report, were of interest to a number of municipalities. Continued dialogue with these municipalities is expected in April 2018 to help inform expectations for inclusion of this work in the Section 36 Workplan.

Impact of Prohibition Policies on the Agricultural Community

In March 2018, the MOECC issued new guidance (Attachment 2) to assist source protection authorities with evaluating the cumulative impact of source protection plan policies which prohibit agricultural activities outside of the WHPA-A. The intent of this exercise is to assess whether or not these policies have had a notable impact, either through a negative impact on the agricultural community, or from a positive impact on water quality. Ultimately, source protection authorities will need to consider whether source protection plan policies should remain in place, or whether they should be adjusted to allow for more management in these areas. There are policies in the CTC SPP which do prohibit agricultural activities outside of the WHPA-A. Staff will liaise with municipal partners to obtain feedback pertaining to the impact of these prohibition policies using the protocol outlined in the provincial guidance. Updated information will be provided to the CTC SPC at Meeting #2/18 scheduled for May 30, 2018.

Policy Effectiveness

Monitoring policies in the CTC SPP require that implementing bodies report on the effectiveness of policies in the Plan in ensuring a threat ceases to be, or does not become significant. Preliminary dialogue on this topic is expected to take place at Meeting #1/18 when annual reports are received by the CTC SPC for their opinion on achieving source protection plan objectives between January and December 2017. Additional discussions with implementing bodies will continue in March and April 2018. Technical Rule Changes An important element of the Section 36 Workplan will be to evaluate the impact of the Technical Rule changes approved by the Minister of the Environment and Climate Change in March 2017, as well as those which are still in the process of being developed. Changes to the Tables of Drinking Water Threats (TDWT) and Director’s Technical Rules might affect activities in the CTC SPR, change conclusions made in the Assessment Reports, or influence source protection plan policies. Further direction is expected from the Source Protection Programs Branch to inform the extent to which source protection authorities and committees should consider changes to the Technical Rules and the TDWT in the preparation of their Section 36 Workplan. NEXT STEPS

Attachment 3 to this report provides a preliminary DRAFT Table of Contents for the CTC SPP Section 36 Workplan which will be used to guide discussions with the AWG and municipal partners. Attachment 4 is a proposed Engagement Strategy and Attachment 5 is a proposed timeline with milestone dates for the completion of the Section 36 Workplan. Staff welcome perspectives and feedback from the CTC SPC on the content of these documents. In particular, staff are keen to acquire the scope of engagement desired by the CTC SPC in the preparation of the Section 36 Workplan. A draft Section 36 Workplan is expected to be prepared for Meeting #2/18. Report Prepared By: Jennifer Stephens, 416-661-6600, extension 5568

Email: [email protected]

For Information contact: Jennifer Stephens, 416-661-6600, extension 5568


Date: March 14, 2018

Attachments: 5

1 – Source Protection Plan Bulletin – Municipal Engagement 2 – Source Protection Plan Bulletin – Prohibition of Agricultural Activities Outside of WHPA-A 3 – DRAFT Table of Contents for Section 36 Workplan 4 – Proposed Engagement Strategy for Section 36 Workplan 5 – Proposed Timeline for Completion of Section 36 Workplan



of 3

Source Protection Plan Bulletin – Overview of Requirements for Assessment Report and Source Protection Plan Amendments under S.36 of the Clean Water Act (Supplemental Information #1 – Municipal Engagement) October 2017

Purpose This document is part of a series of support tools being provided to Project Managers at source protection authorities as they work towards completing their s36 workplans under the Clean Water Act over the next two years. It builds on the information provided to source protection authorities in December 2016 via the “Source Protection Bulletin – Overview of Requirements for Assessment Report and Source Protection Plan Amendments under s36 of the Clean Water Act” and focuses on municipal engagement. Furthermore, this document provides guidance for Project Managers to consider when engaging their participating municipal partners to drive the content (both water quality and water quantity) of their s36 workplans between now and November 2019.

When engaging municipalities it’s important to keep the following in mind:

• The review of the assessment report and source protection plan is intended to be an evidence-based process to recommend necessary updates to source protection plans.

• Municipalities should be ensuring that some level of vulnerable area delineation and threat assessment work is being undertaken in conjunction with municipal class environmental assessment projects for new or expanded drinking water systems. We have been providing this advice through the Municipal Engineers Association Class Environmental Assessment guidance since 2015. This timing signifies that source protection planning is an important and necessary part of developing new or expanded drinking water systems, allowing municipalities to fully consider the potential impacts of the Clean Water Act when siting new wells and to integrate the costs associated with this work into the budget for new or expanding systems. Municipalities have indicated there may be challenges with mapping vulnerable areas too early in the process and perhaps they should not be finalized until closer to construction / operation of the drinking water system. As a result, not all Class Environmental Assessments projects will result in vulnerable area delineation and policy development that are ready for integration into an updated source protection plan.

• Considering source protection in a Class Environmental Assessment (EA) may mean different things for different project types, for example:

of 3

o Schedule B Class EA projects are typically completed after the preferred optionis selected but before detailed design phase. As such these types of projectsmay need to rely on more simplified methods of vulnerable area delineation /scoring and threat assessment or may only be an approximation of vulnerableareas. Policies from the existing plan may be used to assess potential impact.When this is the case, the final vulnerable area delineation work may becompleted at a later date. Source protection authorities should be working withmunicipalities to ensure the work is completed and submitted to the sourceprotection authority for inclusion in amended assessment reports and plans assoon as possible / prior to the new or expanded system coming online.

o Schedule C projects complete a higher degree of technical work prior to thecompletion of the environmental study report and as such are further along indetermining design specifications that may be necessary for more complexvulnerable area delineation work. In this case it is appropriate for the technicalvulnerable area delineation, threats assessment and evaluation of policy impactsto be included in the Class EA project documentation, which can be reviewed bySPPB staff. If this work has been done as part of the Class EA project, sourceprotection authorities should be encouraging municipalities to submit this to thesource protection authority as soon as possible / prior to the new or expandedsystem coming online.

• Where the work necessary for source protection is not completed through the Class EAin a manner consistent with the source protection technical framework, source protectionauthorities should continue to work with municipalities to have them complete this workin advance of the systems coming online. Municipalities have a number of tools throughwhich they can protect “other” sources of drinking water (for private or non-municipalresidential systems). Municipalities already have the obligation to protect highlyvulnerable aquifers and significant groundwater recharge areas through their officialplans and zoning by-laws as per the Provincial Policy Statement. They can also use theirauthorities under the Municipal Act (by-laws related to their spheres of jurisdiction),Building Code (implementing mandatory on-site sewage (septic) system inspections)and broad education and outreach approaches to protect vulnerable sources of drinkingwater. Source protection authorities, municipalities and source protection committeesshould consider using these existing tools to address any concerns before makingrecommendations to update source protection plans to address these concerns.

Questions to Consider When Engaging Municipalities

1. Policy Implementation Challenges: Has the municipality or their risk managementofficials/inspectors identified policy implementation challenges that must be addressedthrough policy amendments? Have they identified any gaps in policies that they feelneed to be addressed?

2. Drinking water issues (water quality): The identification of new issues does notrequire that source protection authority staff review water quality information. Instead, it

of 3

should be based on discussions with those responsible for drinking water systems (operators or management staff), or staff that are responsible for monitoring programs that are underway in and around these systems (i.e.: the Provincial Groundwater Monitoring Network or the Provincial Water Quality Monitoring Network). To gauge whether there have been water quality changes that could necessitate including drinking water issues in the workplan, Project Managers should be asking municipalities if they have identified any problems with existing wells or intakes (such as issues with their treated water meeting any existing Ontario Drinking Water Quality Standards). Based on the information provided by the municipalities, source protection authorities will determine the need to identify a drinking water issue and delineate an issue contribution area (if any). If the response from municipalities is ‘no’, then further issue contributing area work is not necessary to include in the workplan proposal.

3. Drinking water quantity shortages: The need for additional water budget work will be dependent on the information collected from municipalities. We recommend that source protection authorities ask municipalities if they have had any new operational challenges that could be the results of decreased water levels. Then, if additional challenges have been identified, it’s important to get further details on the causes of these problems. The ministry’s expectation is that municipalities should have some understanding of the causes of these challenges as they are responsible for their system operation. It’s important to ask if the problems are linked to water availability (i.e.: other users, drought, etc.) or infrastructure (i.e.: plugged wells, optimization issues, etc.). This information should be factored into the s36 workplan recommendations related to water budgets.

4. Drinking water system changes (new wells/intakes and changes to vulnerable area mapping): Project Managers should be asking if municipalities have new wells or intakes within existing drinking water systems that will be coming online shortly or if there are plans for new wells or intakes in the next several years. Where this is the case, they should remind municipalities of the need to define vulnerable areas and consider which source protection plan policies should apply before their system comes online. Project Managers should be in regular contact with municipalities to determine if they are going through a Class EA process for planning new or expanded systems. Project Managers should be advising municipalities that they should be budgeting for and completing their vulnerable area mapping as part of the requirements for Drinking Water Works Permits and Licenses under the Safe Drinking Water Act. Project Managers should be kept aware of any new wells and intakes so that source protection authorities can include this vulnerable area mapping in amended assessment reports and source protection plans. Furthermore, these new wells and intakes should be highlighted in s36 workplan proposals. The key element here is open communication.

of 3

Source Protection Plan Bulletin – Overview of Requirements for Assessment Report and Source Protection Plan Amendments under S.36 of the Clean Water Act (Supplemental Information #2 – Prohibition of Agricultural Activities Outside WHPA-A OR IPZ-1)

March 2018

Purpose This document is part of a series of support tools being provided to Project Managers at source protection authorities as they work towards completing their s36 workplans under the Clean Water Act over the next two years. It builds on the information provided to source protection authorities in December 2016 via the “Source Protection Bulletin – Overview of Requirements for Assessment Report and Source Protection Plan Amendments under s36 of the Clean Water Act” and focuses on the analysis of policies that prohibited agricultural activities outside of a wellhead protection area A (WHPA-A) or intake protection zone 1 (IPZ-1).

Background: • A number of source protection committees included policies in their source protection plans

that prohibited existing and future significant drinking water threat activities outside ofWHPA-A or IPZ-1 vulnerable areas by extending their prohibition policies into WHPA-Bs,WHPA-Es, IPZ-2s, IPZ-3s and/or related issues contributing areas.

• The Ontario Ministry of Agriculture Food and Rural Affairs (OMAFRA) has long advocatedthat significant drinking water threat activities outside of WHPA-A or IPZ-1 can be effectivelymanaged to reduce the risk to drinking water, without the need for prohibition. WhileOMAFRA recognizes prohibitions are guaranteed to be effective, they have commented thatagricultural science and best practices have been proven to protect water resources whileallowing farming to continue.

• Source protection authorities with these policies did undertake a desktop assessment toevaluate the impact of prohibitions on each individual property. While they indicated thatpolicies did not have significant impacts on agricultural operations when evaluated at theindividual property level, OMAFRA is concerned about the potential cumulative impacts thatprohibition policies could have on the long-term viability of agriculture in some areas of theprovince.

• With this in mind, plans were approved with policies that prohibited agricultural activitiesoutside of WHPA-As and IPZ-1s; however, with an expectation that we would monitor theimpacts of these polices and assess their value. With this in mind, source protectionauthorities are now asked to review the cumulative impact of their policies and assesswhether or not these policies are having a notable impact, either through a negative impact

of 3

on agricultural operations, or from a positive impact on water quality. Furthermore, source protection authorities are being asked to consider whether their policies should remain in place, or whether they should be adjusted to allow for more management in these areas.

Does this bulletin apply to me? • Do you have any of the following vulnerable areas:

1. WHPA-B with a vulnerability score of 10. 2. WHPA-E with a vulnerability score of 8 or higher? 3. IPZ-2 or IPZ-3 with a vulnerability score of 8 or higher? 4. An issues contributing area that extends outside of a WHPA-A or IPZ-1 for which an

agricultural drinking water threat activity is a contributing factor. • Does your source protection plan contain policies that prohibit agricultural activities in any of

the areas identified above? This prohibition could be in effect through a number of policy approaches including Part IV under the Clean Water Act, Prescribed Instruments and Land Use Planning.

• If this does not apply to your particular source protection plan then please indicate this in your s36 workplan and document that no further assessment is necessary.

• If this bulletin applies, then source protection authorities are expected to review the impact of their prohibition policies and determine if those policies should remain in the plan or whether changes to the policies are warranted. The analysis should be documented in the section 36 workplan submission regardless of the decision.

Conducting an analysis of prohibition policies affecting agricultural uses • If this bulletin applies to you, then you need to complete a thorough evaluation of the impact

of your agricultural prohibition policies. • Listed below is information you should collect or analysis you should undertake to inform

your review of these prohibition policies: 1. Identify individual properties to which prohibition policies apply and determine the

impact of that prohibition at the local property level. 2. Have local agricultural operators (i.e.: farmers) or risk management officials advised

source protection committees or authorities that these policies are negatively affecting agricultural operations?

3. Review your annual reports, including risk management official reports to determine the impact of these policies on agricultural operations:

What percentage of their cropland came out of service? What percentage of their livestock was removed from the farm unit? What percentage of livestock grazing land came out of use? Other operational impacts?

4. Determine cumulative agricultural impacts as a result of prohibition policies in these areas within your source protection area/region (i.e.: the percentage of agricultural land or farm units removed within the area/region as a result of the prohibition

of 3

policies). Source protection authorities can then determine what percentage of the community’s agricultural land was negatively affected by the prohibition policies..

5. Consider the impact of prohibition policies versus the difference that could beachieved through other policy approaches (i.e.: land use planning policies, riskmanagement plans, prescribed instrument policies, etc.).

6. If water quality information is readily available or can be accessed with a reasonablelevel of effort, does it demonstrate that prohibition is having an impact on waterquality?

7. Is there evidence that a management approach would be as effective at reducing therisk to source water in the area/region?

Using this and other available information, the source protection authority should assess whether or not the prohibition policies are having an unnecessary impact on the agricultural community. Depending on that assessment, an amendment to the plan may be warranted.

CTC SOURCE PROTECTION PLAN - SECTION 36 REVIEW AND WORKPLAN

TABLE OF CONTENTS

Executive Summary

1.0 Introduction

1.1 Objectives and Outcomes

1.2 Partners and stakeholders

1.3 Scope of Work

1.4 Process used to Review Source Protection Plan

1.5 Engagement and Consultation

2.0 CTC Source Protection Region

2.1 Municipalities

2.2 Drinking Water Systems

2.3 New or Planned Drinking Water Systems

2.4 Council Resolutions

3.0 Implementing the CTC Source Protection Plan

3.1 Lessons Learned

3.2 Implementation Challenges

3.2.1 Financial Implications

3.2.2 Timelines

3.2.3 Matters Affecting Other Source Protection Regions and Areas

3.3 Impact of Prohibition Policies

3.4 Policy Effectiveness

3.4.1 New policies to address ‘gaps’

3.4.2 Ineffective policies

3.5 Development of New and Revised Policies

3.5.1 Timeline for completing revisions and preparing new policies

3.5.2 Implementing bodies impacted

3.5.3 Anticipated consultation and engagement

4.0 The Science Supporting the CTC Source Protection Plan

4.1 Technical Rule Changes

4.1.1 Scope of Changes on CTC Source Protection Region

4.1.2 Impact of Changes on Assessment Report

4.1.2.1 Timelines for Technical Assessments

4.1.2.2 Financial Implications

4.1.2.3 Roles and Responsibilities

4.2 Environmental Monitoring (Safe Drinking Water Act, 2002; CTC SPP Policies)

4.3 Changes in Vulnerable Area Delineations

4.3.1 Transport Pathways

4.4 Protecting Water Quantity - Review of Tier 3 Water Budget

4.5 Climate Change Considerations

4.6 Lake Ontario Science


PROPOSED ENGAGEMENT STRATEGY

SCOPE: Consultation has been integral to products developed under the Clean Water Act, 2006. The

Terms of Reference, Assessment Reports, Source Protection Plans, and amendments to the CTC Source Protection Plan all have had a legislated requirement for public consultation. While the initial workplan content will be developed by Toronto & Region Source Protection Authority (SPA) as the lead SPA in the CTC Source Protection Region, effective engagement with key stakeholders will be necessary to the creation of a comprehensive, local product.

RECOMMENDED ENGAGEMENT

Amendments Working Group (AWG): This group consists of representatives from all municipalities with

drinking water systems as well as a number of CTC SPC members. The group will provide input and

direction to CTC Source Protection Region staff.

Key Organizations and Stakeholder Groups: In April and May, CTC SPR expect to engage a number of

municipal partners (i.e., local municipalities) and external stakeholders (i.e., adjacent source protection

regions/areas, Niagara Escarpment Commission, Ministry of the Environment and Climate Change,

Environment and Climate Change Canada) informally to discuss workplan content. A workshop is

proposed for June 2018 after the CTC SPC has a draft workplan to share with partners and stakeholders.

Public: Engagement with the general public will encourage understanding of the Drinking Water Source

Protection and ownership over one’s actions to protect sources of drinking water. After CTC SPC

Meeting #3/18, a 30-day period of public consultation could be considered. During this consultation,

social media and online engagement will be used to raise the profile of the CTC Source Protection Plan

and its continuous improvement.


TIMELINES

CTC SPC

Meeting

#1/18

March 21, 2018

CTC SPC

Meeting #2/18

May 30, 2018

CTC SPC

Meeting #3/18

Sept. 19, 2018

Submission by Nov. 30,

2018

Amendments Working Group

May 2, 2018

Stakeholder Workshop June 2018

Municipal Engagement - Halton Region- Town of Orangeville

Public Consultation October 2018




RE: Proposed Amendments to the General Regulation under the Clean Water

Act, 2006

KEY ISSUE: To secure endorsement from the CTC SPC on the comments submitted

through the Environmental Bill of Rights Registry pertaining to the

proposed amendments to the General Regulation 287/07 under the Clean

Water Act, 2006

RECOMMENDATION

THAT the CTC SPC endorse the staff comments submitted to the EBR Registry on the

‘Proposed Amendments to the General Regulation under the Clean Water Act, 2006’;

AND FURTHER THAT the Chair be authorized to send confirmation of this endorsement,

together with any additional comments as a result of the discussion at CTC SPC Meeting

#1/18, on behalf of the CTC SPC to the Source Protection Programs Branch (Ministry of

the Environment and Climate Change).

BACKGROUND

The Ministry of the Environment and Climate Change posted a plain language regulation proposal on the Environmental Bill of Rights (EBR) Registry on December 22nd, 2017 for a 60-day commenting period ending on February 20, 2018. EBR Registry Number: 013-1839 to amend Ontario Regulation 287/07 (General) that improve the regulatory framework, address implementation challenges, and increase transparency.

A. Minor Amendment Provisions

Currently, section 51 of O. Reg. 287/07 allows source protection authorities to make typographical and other minor amendments to source protection plans, including the related assessment reports. The types of minor amendments listed in subsection 51(1) include clerical, grammatical or typographical errors, style or presentation changes including numbering and cross-references, references to future events that have occurred, updates to reflect risk assessments that have been accepted by a risk management official, patent errors, or references to persons, places or things, the name of which has changed. Also stipulated in subsection 51(2) is the requirement to publish the amended source protection plan and a notice describing the amendment on the Internet.

The ministry has proposed to make two types of changes to this section of the regulation.

1) The addition of other types of minor changes to the list of permissible minor amendments insubsection 51(1) of the regulation, including:

a. Amendments to address situations where drinking water systems, individual wells, orintakes have ceased to operate and been properly decommissioned and so the intakeprotection zones or wellhead protection areas need to be removed from or amended inthe assessment report and source protection plan.

b. Amendments to update terminology used in assessment reports and source protectionplans to reflect editorial changes made to the Director’s Tables of Drinking WaterThreats. These changes would not affect new landowners and would have already beenconsulted on by the ministry through the Environmental Registry.

2) Given that the proposed changes (outlined above) to subsection 51(1) include situations inwhich vulnerable areas could be changed, it is important that bodies responsible for theimplementation of policies in those areas are made aware of the change. Therefore, the secondtype of change the ministry is proposing is to subsection 51(2), to improve stakeholderawareness by requiring that, in addition to the current requirement to publish notice of theamendment on the Internet, notice should also be provided to the Director of the SourceProtection Programs Branch as well as to any ‘Body’ responsible for implementing policies inthe source protection plan that could be affected by the amendment.

B. Continuous improvement: hydrocarbon pipelines

Subsection 1.1(1) of the O. Reg. 287/07 lists the activities that are prescribed for the purpose of the definition of “drinking water threat” in subsection 2(1) of the Clean Water Act, 2006. The ministry has proposed that the establishment and operation of a liquid hydrocarbon pipeline be formally added to this list. A number of source protection committees (6) had already added pipelines as a local threat through the existing technical framework.

The Clean Water Act, 2006 requires significant threat policies to be developed for every area identified in the assessment report as an area where an activity is or would be a significant drinking water threat. Partners and stakeholders identified that this requirement was redundant in portions of intake protection zones or wellhead protection areas where the land was already developed to the extent that particular drinking water threats could never be located there (i.e., there are no pipelines in that area). Therefore, the ministry is also proposing to focus the need for developing source protection policies to areas pipelines occur. Should the situation change in the future, policies to address pipelines would be added through locally initiated amendments or during comprehensive plan reviews and updates.

ENGAGEMENT & FEEDBACK ON PROPOSED REGULATION FROM CTC SOURCE PROTECTION REGION (CTC SPR) MUNICIPAL STAFF

The Ministry of the Environment and Climate Change held a webinar on January 19th, 2018 to discuss the details of the proposed regulation. A number of CTC SPR municipalities, in addition to CTC SPR staff, participated in this on-line engagement session. Further, through the CTC SPR Implementation Working Group, municipal staff were encouraged to share their concerns with and suggested improvements to the proposal as outlined on the EBR.

GENERAL FEEDBACK FROM CTC SPR STAFF

Formal comments were submitted to the Source Protection Programs Branch with respect to the following matters:

1. Support for proposed minor amendment provisions under Section 51 of O. Reg. 287/07;2. The need for increased flexibility with respect to making changes to the Assessment

Reports (ARs) and SPPs to improve the efficiency by which amendments are approved;3. Support for adding ‘the establishment and operation of a liquid hydrocarbon’ to the list of

prescribed threats under subsection 1.1(1) of O. Reg. 287/07;

4. Appropriate training on how the proposed circumstances (to identity when the liquidhydrocarbon pipeline is a low, moderate, or significant level threat) compare to howpipelines as ‘local threats’ were identified in approved assessment reports;

5. Confirmation that the pipelines already identified as local threats will remain as such inthe approved assessment reports and that the proposed changes to the circumstanceswould allow for additional threat identification, rather than a removal or change topipelines already identified as local threats;

6. Consistency with the circumstances associated with the storage and handling of fuel,traversing a Wellhead Protection Area (WHPA); and

7. The opportunity for Source Protection Committees to build on the ‘existing’ pipelinepolicies in approved source protection plans.

UPDATE PROVIDED AT PROVINCIAL SPC CHAIRS/PROGRAM MANAGERS MEETING

A provincial SPC Chairs/Program Managers Meeting was held on March 1st and 2nd, 2018 during which MOECC staff provided an update on the comments received through the EBR registry posting and the actions being considered by the Province to address this feedback. These potential amendments will be discussed at the CTC SPC meeting #1/18.

NEXT STEPS

Pending endorsement of the comments submitted by CTC SPR staff to the MOECC on February 20, 2018, which included feedback provided by municipal partners, Chair Wright will prepare correspondence advising the Source Protection Programs Branch of the CTC SPC support of the proposed amendments to Ontario Regulation 287/07 under the Clean Water Act, 2006.

A recent update at the SPC Chairs / Program Managers Meeting indicated stakeholder support for the proposed new regulation through formal comments received during the consultation period. The new regulation will be brought to the Legislation and Regulations Committee for approval and then to the Minister of the Environment and Climate Change. If approved, the revisions to the General Regulation will become effective on next twice Annual Effective Date (i.e., July 1st or January 1st). Once approved, stakeholders will be advised through electronic correspondence. It is expected that a Question & Answer document, as well as formal guidance to support implementation will be prepared.

Report Prepared By: Jennifer Stephens, 416-661-6600, extension 5568





Attachments: 1

1 – Letter submitted to the Environmental Bill of Rights Registry summarizing comments from CTC SPR staff



Jennifer Moulton Senior Drinking Water Program Advisor Ministry of the Environment and Climate Change Policy and Program Division Source Protection Programs Branch 40 St Clair Avenue West, Floor 14 Toronto ON, M4V 1M2

February 20, 2018

Dear Ms. Moulton:

RE: 013-1839 Proposed Amendments to the General Regulation under the Clean Water Act, 2006

Thank you for the opportunity to provide input into the Proposed Amendments to the General Regulation under the Clean Water Act, 2006. The following comments have been prepared by CTC Source Protection Region (CTC SPR) staff and will be brought forward to the CTC Source Protection Committee on March 21st, 2018 and the Toronto & Region Source Protection Authority on April 20th, 2018 for their endorsement.

The CTC SPR supports the Province of Ontario’s continuous improvement of the legislation and procedures used to govern the Drinking Water Source Protection Program (DWSP). With all Source Protection Plans (SPPs) now in effect in the Province of Ontario and the requirement of implementing bodies to report on their implementation of policies in these Plans, there is now more of an awareness of the DWSP. For example, source protection authorities, municipalities, and the Ministry of the Environment and Climate Change are more likely to be informed of Planning Act and Environmental Assessment Act applications taking place in vulnerable areas far more in advance than in the past.

A. MINOR AMENDMENT PROVISIONS

The CTC SPR is supportive of the proposed minor amendment provisions under Section 51 of O. Reg. 287/07. These regulatory amendments will reduce administrative burden on municipalities, source protection authorities, and the Source Protection Programs Branch (SPPB). In fact, CTC SPR staff are of the opinion that there should be increased flexibility with respect to making changes to the Assessment Reports (ARs) and SPPs to improve the efficiency by which amendments are approved.

CTC Source Protection Region

With 22 SPPs and 38 ARs in place in the Province, there are limited resources at the Province to move through the approvals process in a timely fashion. Municipalities have local accountability to their residents and Councils for the protection of their drinking water systems. Similarly, source protection authorities are governed by a Board of Directors, while source protection committees (SPC) have members with a vested interest in the protection of sources of drinking water. We know that this existing administrative structure can alleviate the burden of provincial approvals, while still allowing the appropriate consultation and documentation requirements under the Clean Water Act, 2006 and O. Reg. 287/07 to be maintained.

In Spring 2017, the SPPB engaged SPC members, municipalities, and source protection authority staff in a number of outreach sessions across the Province to acquire feedback on potential revisions to the Source Protection Program Framework (SPPF). These sessions showed a genuine interest for locally initiated and approved amendments. The CTC SPR encourages the Province to continue with its efforts to revise the SPPF to permit amendments without submission for Minister’s approval provided a number of engagement and transparency requirements are addressed.

B. CONTINUOUS IMPROVEMENT: HYDROCARBON PIPELINES

CTC SPR staff are supportive of adding ‘the establishment and operation of a liquid hydrocarbon’ to the list of prescribed threats under subsection 1.1(1) of O. Reg. 287/07. To assist with incorporating this new prescribed threat into the Source Protection Program Framework we recommend that the Province:

- Plan for the appropriate training so that source protection authority and municipal staff clearlyunderstand how the proposed circumstances (to identity when the liquid hydrocarbon pipeline isa low, moderate, or significant level threat) compare to how pipelines as ‘local threats’ wereidentified in approved assessment reports.

- Confirm that the pipelines already identified as local threats will remain as such in the approvedassessment reports and that the proposed changes to the circumstances would allow foradditional threat identification, rather than a removal or change to pipelines already identified aslocal threats.

CTC SPR staff also propose that, for consistency with the circumstances associated with the storage and handling of fuel, hydrocarbon pipelines above ground traversing a Wellhead Protection Area (WHPA) where the vulnerability score is 10, be considered a significant drinking water threat.

The Ministry notes that there is an expectation that similar policies (to those already approved in SPPs to address hydrocarbon pipelines identified as ‘local threats’) are likely to be prepared by those Committees where such pipeline policies do not exist. CTC SPR staff supports the range of policy tools being made available to SPCs in the preparation of their policies. That having been said, considerable engagement has already taken place between SPCs and a number of operators (i.e., Trans-Northern Pipelines, Sun-

Canadian Pipelines, Enbridge, etc.) in the preparation of policies and through annual reporting. There is opportunity for policies prepared by the six SPCs with such pipeline related policies in their SPPs to share their policies with other SPCs for their consideration. Given that pipelines cross many source protection regions (SPRs)/areas (SPAs), operators would likely be more amenable to consistency in policy text.

CTC SPR staff appreciate the opportunity to inform the continuous improvement of the Drinking Water Source Protection Program. If you have any questions with respect to these comments, please do not hesitate to contact me by telephone (416-892-9634) or via e-mail ([email protected]).

Best regards,

Jennifer Stephens Manager, Source Protection

Cc: Municipal Implementation Working Group





RE: Establishment of a regulation under the Safe Drinking Water Act, 2002

KEY ISSUE: To secure endorsement from the CTC SPC on the comments submitted to

through the Environmental Bill of Rights Registry pertaining to the

proposed new regulation

RECOMMENDATION

THAT the CTC SPC endorse the staff comments submitted to the EBR Registry on the

‘Establishment of a regulation under the Safe Drinking Water Act, 2002’;

AND FURTHER THAT the Chair be authorized to send confirmation of this endorsement,

together with any additional comments as a result of the discussion at CTC SPC Meeting

#1/18, on behalf of the CTC SPC to the Source Protection Programs Branch (Ministry of

the Environment and Climate Change).

BACKGROUND

The Ministry of the Environment and Climate Change (MOECC) posted a plain language regulation proposal on the Environmental Bill of Rights (EBR) Registry on December 22nd, 2017 for a 60-day commenting period ending on February 20, 2018. EBR Registry Number: 013-1840 to establish a regulation under the Safe Drinking Water Act, 2002 provides a description of the responsibilities for the delineation of vulnerable areas and the development of source protection policies for new and expanded drinking water systems. When Assessment Reports were initially developed, the Province provided funding for these activities and they were undertaken by the source protection authority. Municipalities are now expected to take on this responsibility.

The Safe Drinking Water Act, 2002 provides for the protection of human health and the prevention of drinking water health hazards through the control and regulation of drinking water systems and drinking water testing services. The proposed regulation under the Safe Drinking Water Act, 2002 is intended to ensure that source protection plan policies can be put into place for new or expanded drinking water systems prior to drinking water being provided.

Under Part V of the Safe Drinking Water Act, 2002, all municipal residential drinking water systems are governed by two instruments: a drinking water works permit and a licence. Schedule A of the drinking water works permit describes the drinking water system, including the drinking water source(s). The owner of an existing drinking water system must apply to the ministry prior to altering the existing water sources (e.g., relocating a surface water intake) or adding water sources (e.g., adding one or more surface water intake or groundwater well). Similarly, where a new municipal residential drinking water system is proposed, the municipality must apply for a permit to establish the system and a licence to operate the drinking water system.

When new municipal drinking water systems are established or new wells or intakes are added to existing municipal drinking water systems, technical work is required to delineate areas where water quality is vulnerable, identify threats to drinking water and establish policies to protect the

sources of drinking water in order to meet the intent of the Clean Water Act, 2006. However, the Clean Water Act, 2006 does not set out timing considerations for the completion of this work and inclusion in amended assessment reports and source protection plans.

The proposed regulation would require owners of municipal residential drinking water systems to pass municipal council resolutions in support of any necessary amendments to the applicable assessment report(s) and source protection plan(s) prior to submitting an application for a new or an amendment to their existing drinking water works permit.

New and expanding municipal drinking water systems may be located in areas where there are water quantity concerns. Specific updates to water quantity assessments set out in the approved assessment reports established under the Clean Water Act, 2006 are not included as part of the proposed regulation. Assessment reports should instead include a workplan to identify when and how any necessary water quantity assessments will proceed where the work will not be completed at the time of source protection plan amendments. Where a municipality does choose to undertake a water quantity risk assessment in advance of their application being submitted for their drinking water works permit, the work should be included in their amended assessment reports.

Evidence of a municipal council resolution in support of the assessment report and source protection plan amendments would be required to accompany an application for a new or amended drinking water works permit. The proposed regulation would also include an emergency exception, allowing alterations to be made to drinking water sources without this evidence where such alterations are necessary to address the emergency or prevent a drinking water health hazard.

ENGAGEMENT & FEEDBACK ON PROPOSED REGULATION FROM CTC SOURCE PROTECTION REGION (CTC SPR) MUNICIPAL STAFF

The Ministry of the Environment and Climate Change held a webinar on January 19th, 2018 to discuss the details of the proposed regulation. A number of CTC SPR municipalities, in addition to CTC SPR staff, participated in this on-line engagement session. Further, through the CTC SPR Implementation Working Group, municipal staff were encouraged to share their concerns with and suggested improvements to the proposal as outlined on the EBR with CTC SPR staff.

GENERAL FEEDBACK FROM CTC SPR STAFF

To assist in understanding responsibilities under this new Regulation, CTC SPR staff proposed in their formal comments that details be clarified in implementation guidance or in the text of the proposed Regulation related to the following matters:

a. Municipal Council Resolutionb. Options for Funding:c. Timing of Source Protection Technical Work: Issuance of Permits-To-Take-Waterd. Water Quantity Assessments

UPDATE PROVIDED AT PROVINCIAL SPC CHAIRS/PROGRAM MANAGERS MEETING

A provincial SPC Chairs/Program Managers Meeting was held on March 1st and 2nd, 2018 during which MOECC staff provided an update on the comments received through the EBR registry posting and the actions being considered by the Province to address this feedback. These potential amendments will be discussed at the CTC SPC meeting #1/18.

NEXT STEPS

Pending endorsement of the comments submitted by CTC SPR staff to the MOECC on February 20, 2018, which included feedback provided by municipal partners, Chair Wright will prepare correspondence advising the Source Protection Programs Branch of the CTC SPC support of the proposed new regulation.

A recent update at the SPC Chairs / Program Managers Meeting indicated stakeholder support for the proposed new regulation through formal comments received during the consultation period. The new regulation will be brought to the Legislation and Regulations Committee for approval and then to the Minister of the Environment and Climate Change. If approved, the new Regulation will become effective on next twice Annual Effective Date (i.e., July 1st or January 1st). Once the regulation is approved, stakeholders will be advised through electronic correspondence. It is expected that a Question & Answer document, as well as formal guidance to support implementation will be prepared.






Attachments: 1

1 - Letter submitted to the Environmental Bill of Rights Registry summarizing comments from CTC SPR staff



Jennifer Moulton Senior Drinking Water Program Advisor Ministry of the Environment and Climate Change Policy and Program Division Source Protection Programs Branch 40 St Clair Avenue West, Floor 14 Toronto ON, M4V 1M2

February 20, 2018

Dear Ms. Moulton:

RE: 013-1840 – Proposed Regulation under the Safe Drinking Water Act

Thank you for the opportunity to provide input into the Proposed New Regulation under the Safe Drinking Water Act. The following comments have been prepared by CTC Source Protection Region (CTC SPR) staff and will be brought forward to the CTC Source Protection Committee on March 21st, 2018 and the Toronto & Region Source Protection Authority on April 20th, 2018 for their endorsement.

CTC SPR staff support the proposed new regulation requiring that technical work under the Clean Water Act, 2006, including the delineation of vulnerable areas, be completed prior to bringing a new or expanded municipal drinking water system online. By integrating the requirements under the Safe Drinking Water Act and the Clean Water Act, 2006, municipalities can be confident that those areas most vulnerable are protected as early as possible in the infrastructure planning process. We are pleased, however, to see that the Province does plan to include an emergency exception allowing alterations to made to drinking water sources where there is potential for a drinking water health hazard.

To assist in understanding responsibilities under this new Regulation, CTC SPR proposes that the following details be clarified in implementation guidance or in the text of the proposed Regulation:

a. Municipal Council Resolution: Only the municipality with ownership over the residential drinkingwater system is required to pass a resolution in support of any necessary amendments to theapplicable assessment report(s) and source protection plan(s) prior to submitting an applicationfor a new or an amendment to their existing drinking water works permit.

CTC Source Protection Region

b. Options for Funding: The Province has indicated that where municipalities are struggling tonavigate the source protection technical work, funding will continue to be provided throughsource protection authorities to support these efforts. This continued financial support isappreciated by small or rural municipalities, as well as the source protection authorities workingwith these stakeholders. In some cases, neither of the options (i.e., Ontario CommunityInfrastructure Fund, development agreements), proposed to recover costs for source protectiontechnical work in small or rural municipalities are viable. In such circumstances, there needs to beclear guidelines which source protection authorities can follow in their dealings with small or ruralmunicipalities to ensure that expectations with respect to funding are being met.

c. Timing of Source Protection Technical Work: It is our understanding that the delineation ofvulnerable areas is expected once a well has been confirmed as a viable source of drinking water(i.e., well has been drilled, pump tests completed).

d. Issuance of Permits-To-Take-Water (PTTW): The Province should clarify whether PTTWs will beissued to complete pumping tests associated with a potential production well prior to thedelineation of vulnerable areas and vulnerability scoring being competed.

e. Water Quantity Assessments: The Environmental Bill of Rights Registry posting refers to thepotential for new and expanding municipal drinking water systems to be located in areas wherethere are water quantity concerns. Further, the posting makes reference to a workplan andsource protection plan amendments to consider water quantity concerns. Provincial expectations,as outlined in guidance, are recommended to ensure consistent interpretation of this requirementas it relates to amendments under sections 34, 35, and 36 of the Clean Water Act, 2006.

In the materials presented on January 19th, 2018 to stakeholders, the Province outlined guidance currently under development to assist in the implementation of the new proposed regulation under the Safe Drinking Water Act. CTC SPR staff encourage the Province to engage municipal and source protection authority staff in the completion of these materials. From experience, there are advantages to sharing draft materials with practitioners prior to their becoming finalized. Further, it would be useful for the Province to consider a series of online engagement sessions, once the materials have been released, to ensure that there is consistency in the interpretation of this implementation guidance.

CTC SPR staff appreciate the opportunity to contribute to the protection of municipal residential drinking water systems by ensuring the delineation of vulnerable areas has been completed and source protection policies are in place prior to drinking water being provided to Ontario residents. If you have any questions with respect to these comments, please do not hesitate to contact me by telephone (416-892-9634) or via e-mail ([email protected]).

Best regards,

Jennifer Stephens Manager, Source Protection

Cc: Municipal Implementation Working Group


TO: Members of the Source Protection Committee


FROM: Douglas Wright, Chair, CTC Source Protection Committee

RE: Sector Engagement Plan for the CTC Source Protection Committee (CTC

SPC)

KEY ISSUE: To secure recommendations, perspectives, and advice from Committee

members to assist in the preparation of Sector Engagement Plan

RECOMMENDATION

THAT the staff report on Sector Engagement Plan be received for CTC SPC review and

input;

AND FURTHER THAT Chair Wright considers the recommendations, perspectives, and

advice of Committee members provided during the discussion at Meeting #1/18 to be

held on March 21, 2018 in creating a Sector Engagement Plan for the CTC SPC.

BACKGROUND

The CTC Source Protection Plan (CTC SPP) is now in its third year of implementation. The timeline for the development and implementation of education and outreach policies in the CTC SPP was two years; therefore, across the CTC Source Protection Region (CTC SPR) the elements are in place to assist in raising general awareness of the importance of protecting sources of drinking water.

The CTC SPC brings together key stakeholders from across the CTC SPR. The Committee is responsible for ensuring that stakeholders and the general public are ‘consulted’. Further, as members of this Committee representing one of three sectors (municipal, economic, public), there is an obligation for liaison between the sector being represented and the Committee.

The Ministry of the Environment and Climate Change has incorporated the requirement for a Sector Engagement Plan to be implemented as part of the April 2018 – March 2019 workplan. Funding ($5,000) has been allocated to compensate Committee members for the time spent on putting this Plan into action.

Suggested target audiences for the Sector Engagement Plan could include:

New local members of provincial parliament (MPPs) after the June 2018 election; New local municipal Council representatives after the October 2018 election; New members of the Toronto & Region, Credit Valley, and Central Lake Ontario Source

Protection Authority Boards; Critical Implementation agencies and organizations (i.e., Niagara Escarpment

Commission); Business and industry associations (i.e., BILD); Service clubs (i.e., agricultural groups); Youth (i.e., children’s water festivals); and

The general public.

Potential avenues to engage these audiences could include:

Presentations; Articles in newsletters and magazines; Attendance at local agricultural fairs, farmer’s markets, water festivals, etc.); Tours of water treatment facilities; Interactive workshops; and Media outreach

The following questions are designed to frame the CTC SPC discussion on this matter, but members are encouraged to provide additional recommendations, perspectives, and advice as they see fit.

Who do you think the Committee needs to inform of the CTC SPP and the Drinking Water Source Protection Program?

How do you think the Committee needs to engage the public and stakeholders? How do you want to inform the sector you represent of the activities of the Committee,

the CTC SPP and the importance of protecting our sources of drinking water?

NEXT STEPS

The information obtained from this discussion and any written feedback obtained over the next month will be reviewed in consideration of other planned provincial or local initiatives to engage stakeholders. Chair Wright, together with CTC SPR staff, will prepare a Sector Engagement Plan for consideration by the Committee at their May 31, 2018 meeting.



For Information contact: Douglas Wright

Email: [email protected],


Attachments: 1

1 – DWSP Communications Plan Update from SPC Chairs / PMs Meeting (March 1, 2018)



Drinking Water Source Protection Communications

Plan update Presenter: Joan Patch | Source Water Protection

Communications Specialist

2

• The primary goal of the Drinking Water Source Protection (DWSP) communications plan is to enhance overall awareness of the DWSP program and Clean Water Act, and to assist with local buy-in.

Our Working Groups

3

• Source Water Protection Communications Working Group (Large group)

• Working group #1 (Small)Main focus: prioritize audiences, review messaging/draft resources

• Working group #2 (Small)Main focus: develop video script, review video creative, review images for photo library

Target Audiences

4

• Four priority audiences: (identified by Working Group #1)

Industrial and commercial (includes aggregate)RealtorsMunicipal councillors and staffGeneral public

Resources Update

5

• Primers (3) – 2 of 3 designed. 1 drafted• Logo refresh / SWP 101 Presentation

template – complete• Infographics (6) – 5 of 6 drafted. • Memes (5) – 1 drafted, 4 to come• Factsheets (4) – 2 of 4 drafted

Municipal Primers

6

Logo Refresh

7

SWP 101 Presentation

8

SWP 101 Presentation

9

Resources Update Continued

10

• Photo image library – Approximately 100 final images in the library

• DWSP video, 60 second and 20 second versions. Final revisions to storyboard in progress

Photo Library Images

11

Photo Library Images

12

Video Storyboard

13

Advertising Campaign Update

14

• 16 print ads booked in provincial scale magazines

• 7 of 16 ads have been published in Municipal World, Real Estate Magazine, Avenues, OHS Canada (Occupational Health & Safety Magazine) and Better Farming Magazine

Advertising Campaign

15

• Municipal World (January, March 2018)


16

• Real Estate Magazine (January, March 2018)


17

• Avenues (Ontario Stone, Sand & Gravel Association), Winter issue, February 2018


18

• OHS Canada (Occupational Health and Safety Magazine), January/February 2018 issue


19

• Better Farming Magazine, March 2018

Supported By Social Media

20

source protection committee meeting #1/18 chair: douglas ... · 21/3/2018 · black creek pioneer...

Documents