Chiefs of Ontario Bulletin
To: All Chiefs
Dt: March 31, 2004
Fr: Sue Chiblow, Environment Coordinator
Re: Update on Watershed-based Source Protection

ISSUE: “White Paper on Watershed-based Source Protection Planning”

BACKGROUND: On November 15, 2002, the Ministry of Environment (MOE) established an Advisory Committee in response to some 22 recommendations on source protection from Justice O’Conner’s Inquiry into the Walkerton water tragedy of May 2000. The role of the participants on the Advisory Committee was to provide advice to the government on a framework for watershed-based protection planning. Derrick Kamanga of Ontario First Nation Technical Services Corporation (OFNTSC) was a participant on the Committee and attended two meetings in January 2003. 1 The Advisory Committee has recommended the establishment of a Technical Committee and an Implementation Committee. Derrick is presently on the Technical Committee and Sara Neuert and I will be on the Implementation Committee.

The Ontario government is planning to introduce legislation that would make locally developed source water protection planning mandatory in watersheds across the province. This is consistent with the recommendations of Justice O’Conner’s report and of the Advisory Committee on Watershed-based Source Protection Planning. Detailed regulations would also be developed to support the source water protection planning process.

The Ministry of Environment (MOE) has compiled the “White Paper on Watershed-based Source Protection Planning” to:

• inform people of the proposed approach for the development of a watershed-based source water protection program, including how stakeholders and the public will be involved,
• describe the legislative framework proposed for the development and approval of source water protection plans and
• examine ways of ensuring Ontario has a sustainable supply of water by enhancing its management of water takings, including improvements to the Ministry’s water takings program and to inform the development of a framework for water taking charges. 2

OFNTSC has produced a Memo with some of their comments. This document is located in Appendix 2.

A complete list of attachments is located at the end of this document.

DISCUSSION:

The “ White Paper on Watershed-based Source Protection Planning” is a good document for Conservation Authorities. There is a lack of First Nation involvement throughout the entire document.

Listed are some of the concerns with this document and the process of watershed-based source protection planning:

• The federal government, including Health Canada and INAC, the Ministry of Environment and First Nations need to address First Nation involvement.
• Ontario needs to have a parallel process regarding implementation on watershed-based source protection. First Nations need to be included from the top-down.
• Stakeholder is mentioned throughout the document and First Nations are not. Changes need to be made to reflect this. First Nations are not stakeholders.
• The timelines in this process are not acceptable to First Nations.
• Capacity building for First Nations needs to be addressed.
• Aboriginal Treaty rights must be considered.
• This document mentions municipality involvement in various committees but fails to mention First Nations.
• Traditional Ecological Knowledge is not mentioned.
• Organizational structure fails to mention First Nation involvement.
• Appendix 2 fails to mention TEK.

Overall, financial/technical resources to support Source Protection Planning have not been addressed or identified by federal and provincial governments. First Nations are not represented on the boards of Conservation Authorities. There is no recognition of Aboriginal Treaty Rights, which will allow First Nations to contravene First Nation treaty rights, land jurisdiction rights, constitutional rights and Traditional Beliefs. 3

For further information regarding Justice O’Conner’s Report and Recommendations regarding First Nations (chapter 15) go to http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/walkerton/part2/.

Also, the final report from the Advisory Committee’s Report can be accessed at
http ://www.ene.gov.on.ca/envision/water/spp.htm.

List of Appendices

Appendix 1- Draft Briefing Notes on “Final Report Protecting Ontario’s Drinking Water: Toward a Watershed-based Source Protection Planning Framework” .
Word Document (123 kb)	PDF file (174 kb)
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Appendix 2- OFNTSC Memo regarding White Paper on Watershed-based Source Protection Planning
Word Document (118 kb)	PDF file (381 kb)
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1 For further information regarding Derrick’s participation and comments see appendix 1, “Briefing Notes on Final Report Protecting Ontario’s Drinking Water: Toward a Watershed-based Source Protection Planning Framework”.

2 This information was taken directly from the “White Paper on Watershed-based Source Protection Planning”. For further information on this document see Appendix 4.

3 For further information on comments from Derrick and Nawash, see appendix 1 and appendix 2.