6.          SOURCE WATER PROTECTION PLAN FOR THE OTTAWA RIVER - MOTION 60/30

 

PLAN DE PROTECTION DES SOURCES D'EAU POUR LA RIVIÈRE DES OUTAOUAIS - MOTION 60/30

 

 

Committee recommendation

 

That Council approve the motion attached in Document 1 in order to send a strong and cohesive message to the Province of Ontario of the need for an inter-jurisdictional approach to the protection of the Ottawa River.

 

 

Recommandation DU Comité

 

Que le Conseil approuve la motion énoncée dans le document 1 afin d'envoyer au gouvernement de l'Ontario un message fort et cohérent concernant la nécessité d'adopter une démarche pangouvernementale à l'égard de la protection de la rivière des Outaouais.

 

 

 

 

 

 

 

Documentation

 

1.                  Deputy City Manager’s report, Infrastructure Services and Community Sustainability dated 17 April 2009 (ACS2009-ICS-CCS-0024).

 


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

17 April 2009 / le 17 avril 2009

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager

Directrice municipale adjointe,

Infrastructure Services and Community Sustainability

Services d’infrastructure et Viabilité des collectivités 

 

Contact Person/Personne ressource : Carol Christensen, Manager, Environmental Sustainability

Economic and Environmental Sustainability/Direction de la viabilité économique et de la durabilité de l’environnement

(613) 580-2424 x21610, Carol.Christensen@ottawa.ca

 

City Wide/à l'échelle de la Ville

Ref N°: ACS2009-ICS-CSS-0024

 

 

SUBJECT:

SOURCE WATER PROTECTION PLAN FOR THE OTTAWA RIVER - MOTION 60/30

 

 

OBJET :

PLAN DE PROTECTION DES SOURCES D'EAU POUR LA RIVIÈRE DES OUTAOUAIS - MOTION 60/30

 

 

REPORT RECOMMENDATION

 

That Planning and Environment Committee recommend that Council approve the motion attached in Document 1 in order to send a strong and cohesive message to the Province of Ontario of the need for an inter-jurisdictional approach to the protection of the Ottawa River.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d'approuver la motion énoncée dans le document 1 afin d'envoyer au gouvernement de l'Ontario un message fort et cohérent concernant la nécessité d'adopter une démarche pangouvernementale à l'égard de la protection de la rivière des Outaouais.

 

 

BACKGROUND

 

At its meeting of 25 February 2009 City Council approved that the following motion be referred to staff for a report to Planning and Environment Committee’s second meeting in April 2009.

 

MOTION NO. 61/17

 

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

 

WHEREAS the Ottawa River is the largest and most important supply of drinking water for Eastern Ontario and West Quebec municipalities;

 

WHEREAS the Ottawa River follows the provincial boundary between Quebec and Ontario;

 

WHEREAS Ontario has established source water protection for all municipalities in Ontario with the authority to prepare source water protection plans for those municipalities;

 

WHEREAS the source water protection plans developed under Ontario’s authority to protect clean drinking water from the Ottawa River will not address source water protection on a watershed basis;

 

WHEREAS taking a piecemeal approach to source protection for communities along the Ottawa River will not satisfy the intent of the Walkerton Inquiry recommendations to protect source drinking water on a watershed basis;

 

WHEREAS, without source water programs being in place on both sides of the

River, the efforts to ensure that our mutual interest in maintaining clean drinking water cannot be met;

 

BE IT RESOLVED that the City of Ottawa petition the Federal, Ontario and Quebec governments for a source water protection plan for the Ottawa River including all municipalities on both sides of the river for recommendations to protect the public;

 

BE IT FURTHER RESOLVED that given the urgency of this matter, that timetable be established with deadlines for responses from all levels of government with an objective of May 31, 2009.

 

Per Council’s direction, this report discusses the proposed motion on source water protection for the Ottawa River.

 

DISCUSSION

 

Source water protection for the Ottawa River can be done effectively only with the participation of the Federal government and the Province of Quebec.  City Council has repeatedly raised this issue in its various submissions to the Province of Ontario throughout the development of the Clean Water Act and the resultant Drinking Water Source Protection program.

 

City staff and staff from the Mississippi Rideau and Raisin-South Nation Source Protection Regions have been working together to bring the Province of Quebec and Quebec municipalities to the table.  A meeting was convened with the City of Ottawa, City of Gatineau, the Province of Quebec, Ministry of the Environment (MOE) and source water staff from Mississippi-Rideau and Raisin-South Nation in February 2008, but there has been no follow-up.

 

Other groups in Eastern Ontario share these concerns about protecting the Ottawa River.  In August 2008, as part of the Mississippi-Rideau Source Protection Committee’s (MRSPC) review of the draft Assessment Report Regulation and Technical Rules posted to the Environmental Bill Registry (EBR), the MRSPC unanimously approved a similar motion requesting the creation of an inter-jurisdictional Committee empowered to protect the water quality, water quantity and ecological integrity of the Ottawa River through a watershed approach.  The motion is as follows:

 

We strongly recommend that the Province initiate the creation of an inter-jurisdictional Committee empowered to protect the water quality, water quantity and ecological integrity of the Ottawa River through a watershed approach, including coordinated research, collaborative development of decision-making tools, and coherent and consistent policies, programs and public outreach initiatives for the river. 

 

We strongly recommend that the inter-jurisdictional committee includes representation of applicable ministries within the Government of Ontario, relevant Conservation Authorities, the Government of Canada, applicable ministries of the Province of Quebec, municipalities in both Ontario and Quebec with intakes or discharges to the river, Hydro authorities, and representatives from industrial sectors and non-governmental organizations with the first task being the development of Terms of Reference for the Committee.

 

The overall health of the Ottawa River has been an issue of concern to the MRSPC since they convened in January 2008.  They acknowledge that there is a larger issue at play, that is, the overall water quality, water quantity and ecological integrity of the Ottawa River, that is beyond the existing scope of their source water protection efforts. 

 

The MRSPC brought a report forward to their two Source Protection Authorities (who are the Conservation Authority Boards of Directors for Mississippi Valley Conservation and the Rideau Valley Conservation Authority) to obtain their endorsement of the August motion.  The Mississippi and Rideau Source Protection Authorities endorsed the motion at their meetings on March 25 and 26, 2009 respectively. The MRSPC also intends to approach the South Nation Source Protection Committee for their endorsement of the motion.

 

It is important to understand that the Ottawa watershed encompasses an area of approximately 146,000 square kilometres (95,000 square kilometres upstream of Ottawa’s surface water intakes). The watershed is split one third in Ontario and two thirds in Quebec.  Two Ontario Source Protection Regions include area draining to the Ottawa River.  Together these three Source Protection Areas (Mississippi 3%; Rideau 3%; and South Nation 4%) encompass a mere 10 per cent of this total area.

 

Since adopting the motion, MRSPC has also been working closely with the Source Protection Programs Branch of the MOE to bring this issue to a higher level.  In early March, Ian Smith, Director of the Source Protection Programs Branch in MOE, indicated in a conversation with the Chair of the MRSPC, Janet Stavinga, that they are working to have this matter placed on the upcoming agenda of the Interprovincial Cabinet Ministers' meeting scheduled for June.

 

Although the City has raised this concern repeatedly with the Province of Ontario, it has been done in the context of responses to various EBR postings, where it was only one of a number of issues and comments. 

 

Councillor Doucet’s motion that was referred by Council and the MRSPC motion address the same desire for inter-jurisdictional action to protect the Ottawa River.  This is an opportunity for Eastern Ontario to deliver a strong, cohesive message to the Government of Ontario on the importance of working in partnership with the Province of Quebec, municipalities, conservation authorities and other partners to ensure the long-term health and integrity of the Ottawa River.

 

To keep the message strong and cohesive, an amended motion is attached in Document 1 that combines many elements of Councillor’s Doucet’s motion with the motion endorsed by the MRSPC and the two (likely soon to be three) Source Protection Authorities.  The amended motion retains the concept of City action if the Province of Ontario does not take action within a specified time frame.

 

It is encouraging that the Provinces of Ontario and Quebec have already signed an Agreement concerning Transboundary Environmental Impacts, which makes reference to surface and groundwater management; monitoring and reduction of pollution in rivers, lakes and waterways; and to St. Lawrence watershed issues (of which the Ottawa River watershed is a part).  It is staff’s understanding that the two provinces have taken action under this agreement with respect to air quality.  It is hoped that these motions from Eastern Ontario will result in action with respect to water quality.  The full text of the Agreement is attached as Document 2.

 

ENVIRONMENTAL IMPLICATIONS

 

The successful establishment of a watershed approach to protection of the Ottawa River, guided by an inter-jurisdictional committee including representatives of applicable federal departments, provincial ministries from both Ontario and Quebec, municipalities and conservation authorities along the Ottawa River, would be a major step forward in maintaining and enhancing the health of the Ottawa River.

 

CONSULTATION

 

There has been no public consultation specifically on this report.  However, the previous Ottawa submissions to the Province have all been adopted through public processes and the meetings of both Source Protection Committees and Source Protection Authorities are public.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS:

 

While the City and residents of Ottawa have a significant interest in the water quality of the Ottawa River, there are no direct legal/risk management implications from the consideration of this report.  As outlined in this report, legislative authority with respect to the Ottawa River lies with the Federal Government, the Province of Ontario and the Province of Québec.

 

 

FINANCIAL IMPLICATIONS

 

There are no financial implications to this report.  City staff time with regard to this issue will be funded from approved operating budgets.

 

SUPPORTING DOCUMENTATION

 

Document 1      Amended Motion

Document 2      Agreement concerning Transboundary Environmental Impacts between the Government of Ontario and the Gouvernement du Québec

 

DISPOSITION

 

If approved, the Deputy City Manager of Infrastructure Services and Community Sustainability will forward the motion to the Ontario Minister of the Environment.

 

 


AMENDED MOTION                                                                                            DOCUMENT 1

 

 

WHEREAS, the Ottawa River provides the largest supply of drinking water for municipalities in Eastern Ontario and West Quebec;

 

Whereas, the Ottawa River follows the provincial boundary between Quebec and Ontario;

 

WHEREAS, the Ottawa River watershed encompasses an area of approximately 146,000 square kilometres (approximately 95,000 square kilometres is upstream of the two municipal surface water intakes of the City of Ottawa) with countless rivers, lakes, streams and drainage areas in both Ontario as well as Quebec;

 

WHEREAS, the Clean Water Act, 2006 is part of the Ontario Government's commitment to promote the sustainability of clean, safe drinking water for all Ontarians and to implement the Walkerton Inquiry Recommendations;

 

WHEREAS, the Act establishes a locally driven, science based, multi-stakeholder process to protect municipal drinking water sources through the efforts of 19 Source Protection Regions working in partnership with municipalities;

 

Whereas, the two eastern Ontario Source Protection Regions, Mississippi-Rideau and Raisin-South Nation (specifically the South Nation Source Protection Area), encompass a mere 6% and 4% of the total Ottawa River watershed area, respectively;

 

Whereas, the overall water quality, water quantity and ecological integrity of the Ottawa River is beyond the scope of the source water protection efforts in Eastern Ontario as currently defined under the Clean Water Act, 2006;

 

WHEREAS taking a piecemeal approach to source protection for communities along the Ottawa River will not satisfy the intent of the Walkerton Inquiry recommendations to protect source drinking water on a watershed basis;

 

WHEREAS, without source water protection programs being in place on both sides of the River, the efforts to ensure that our mutual interest in maintaining clean drinking water cannot be met;

 

Therefore be it resolved that the Province of Ontario initiate the creation of an inter-jurisdictional Committee empowered to protect the water quality, water quantity and ecological integrity of the Ottawa River through a watershed approach, including coordinated research, collaborative development of decision-making tools, and coherent and consistent policies, programs and public outreach initiatives for the river;

 

Further be it resolved that the inter-jurisdictional committee includes representation of applicable ministries within the Government of Ontario, relevant Conservation Authorities, the Government of Canada, applicable ministries of the Province of Quebec, municipalities in both Ontario and Quebec with intakes or discharges to the river, Hydro authorities, and representatives from industrial sectors and non-governmental organizations with the first task being the development of Terms of Reference for the Committee;

 

And be it further resolved that should the Province not have undertaken any tangible measures to bring the various parties together by mid‑September 2009 that the City of Ottawa organize a forum with these parties to advocate for the formation of an inter-jurisdictional committee.

 

 


AGREEMENT CONCERNING TRANSBOUNBARY ENVIRONMENTAL

IMPACTS BETWEEN THE GOVERNMENT OF ONTARIO

AND THE GOUVERNEMENT DU QUÉBEC                                                      DOCUMENT 2