Transcript Ontario Source Water OFNTSC-Southern Tribal Council

First Nations & Source Protection
OFNTSC October 27, 2011
Purpose and Outline
Provide an overview of source protection planning and
discuss First Nations involvement in the process to date.
Outline
•
Overview of source protection planning
•
How First Nations can be involved
•
How some First Nations are involved
2
Source Protection Basics
3
The purpose of the
Clean Water Act
is to protect
existing and future
sources of drinking water
4
Principles of Source Protection
5
•
Prevention: safeguarding drinking water for the health of our
communities
•
Multi-barrier: source protection is the first barrier in the
drinking water safety net and focuses on preventing
contaminants from entering the drinking water system
•
Watershed/Subwatershed: basic unit for source protection
planning
•
Shared responsibility: locally driven, collaborative planning
process in partnership with multiple stakeholders
Background and Scope of the Act
The Clean Water Act was proclaimed into force on July 3rd, 2007.
The Act generally applies to municipal drinking water systems in
established source protection areas/regions, representing
approximately 80% of the population in Ontario. Most source
protection areas are conservation authority areas with some slight
adjustments to their boundaries.
Other drinking water systems may be included in the source protection
planning process, including a drinking water system serving or
planned to serve a First Nation reserve located within a source
protection area. Such systems can only be added through a
Lieutenant Governor In Council regulation.
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7
Source Protection Committees (SPCs)
Source Protection Committee
• multi-stakeholder committee to carry
out localised decision making to
protect drinking water sources
• First Nations may be represented on
SPCs
Municipal
Other:
Environment
Health / Public
Agricultural,
Commercial /
Industrial /
Small Business
support
Source Protection Authority
• appoints the source protection committee
• provides administrative and technical support to the
committee
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Source Protection Process
Plan
Year 1-2
Year 3-5
• Assessment report:
evaluate watershed
vulnerability and
threats to drinking
water
• Prepare source
protection plan:
policies to
address
significant
threats to
drinking water
Year 5+
(2010-2012)
(2013 & beyond)
(2006-2010)
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Implement &
Monitor
Identify
• Implement the
source protection
plan
• Inspect and Enforce
• Monitor and Report
• Review plan
Municipal Well
WHPA Line
Waterbody
I.V.
Low
Medium
High
Vulnerability Score
8
2 = Low
10 = High
4
6
Wellhead Protection Area
(WHPA) Delineation
• WHPAs are divided into areas based on Intrinsic Vulnerability (I.V.).
-WHPAs are typically
computer-modelled times of
travel (TOT) to a well within
the aquifer
-Four zones oriented around
the well:
- WHPA-A: 100m radius
- WHPA-B: 2 yr. TOT
WHPA-C1 - 10 yr TOT
- WHPA-C: 5 yr. TOT
- WHPA-D: 25 yr. TOT
WHPA-A - 100m
WHPA-B - 2 yr TOT
WHPA-C - 5 yr TOT
WHPA-D - 25 yr TOT
- Provision for using a 10 yr.
TOT WHPA-C1, where
previously defined
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Groundwater Vulnerability
§ Natural vulnerability of
aquifers based upon the type
and thickness of overlying
strata
§ Based upon water well
records, local geology and
other hydrogeological data
§ Results define high, medium
and low vulnerability across
the landscape
§ Vulnerability scores for
WHPAs are determined by
overlaying the WHPAs and
the intrinsic vulnerability
mapping
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Municipal Well
WHPA Line
Waterbody
I.V.
Low
Medium
High
Vulnerability Score
8
2 = Low
10 = High
4
6
• WHPAs are divided into areas based on Intrinsic Vulnerability (I.V.).
WHPA Vulnerability Scoring
- Overlay WHPA zones with
groundwater vulnerabilities of
low, medium and high
- Scoring decreases away from
the well and with decreasing
aquifer vulnerability
- Always score 10 in Zone A
- WHPA-B scores 10, 8 and 6
with high, medium and low
vulnerability, respectively
L
M
Zone A - 100m
H
- WHPA-C scores 8, 6 and 4
- WHPA-D scores 6, 4 and 2
Zone B - 2 yr TOT
Zone C - 5 yr TOT
Zone D - 25 yr TOT
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Surface
Water Intake
Protection
Zone
Great Lakes
Intake Protection
Zones
Type C Intakes:
Rivers
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Intake Protection Zones Type D Intakes:
Inland Lakes
Threats/Issues/Conditions
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•
21 drinking water threats are prescribed in subsection 1.1 of Ontario
Regulation 287/07 (“General”). They can be significant, moderate or low
depending on the risk scoring (hazard x vulnerability = risk score)
•
Issues are evidenced within the drinking water system; higher parameters
so something IS impacting the system.
•
Conditions may be known areas of contamination resulting from past
activities that may need to be dealt with to ensure no impact to the water
source.
•
At this time source protection plans are only REQUIRED to address
significant drinking water threats – moderate and low threats, issues and
conditions are optional.
Source Protection Policies
The Clean Water Act enables a range
of tools for use in policies.
Policy developers first decide whether
they would like to manage or prohibit
the threat.
The available tools include:
•
•
•
•
•
Consideration of factors such as
financial implications, public support,
compatibility or existing measures are
part of these decisions.
Policies may have legal effect or be
strategic in nature.
Monitoring policies are also required.
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•
Education and Outreach
Incentives
Land Use Planning
Prescribed Instruments
Part IV Tools – Prohibition,
Risk Management Plans and
Restricted Land Uses
Other Tools – Specify Actions,
Pilot Programs, Stewardship,
etc.
Source Protection Planning & First Nations
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First Nations Involvement in
Source Protection
Participation in the watershed-based approach to drinking water protection:
Member of a source protection committee: the regulations created seats for First
Nations on source protection committees where communities have a land base
located within the source protection region.
Committees are required to notify the Chiefs of First Nations communities with a land
base in source protection areas of the opportunity for Band Councils to select a
person to be appointed to the committee or, where there are more communities than
seats available, jointly appoint a representative.
The number of seats allocated for First Nations representatives per committee was set
out in subsection 6(2)(d) of Ontario Regulation 288/07 (“Source Protection
Committees):
•
one seat for committees with 10 members
•
two seats for committees with 16 members
•
three seats where the committee is 22 members
The communities then decide if they want to have a representative in the available
seat(s).
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SPC
First Nation within SPA
Seats
Seats
Occupied
First Nation Occupying Seats
Ausable Bayfield Maitland
Valley
None
0
0
Kettle and Stony Point First Nation (1) as non-voting member
Lake Erie
Six
3
3
Six Nations (2)
Mississaugas of New Credit (1)
1
0
N/A
1
1
Mattagami First Nation
1
2
Whitefish Lake (1) Both are nonvoting members
Wahnapitei (1)
Nations of the Grand River
of New Credit
Mississaugas
Lakehead
Fort
Mattagami Region
Mattagami
Sudbury
Whitefish
William First Nation
First Nation
Lake First Nation
Wahnapitei
North Bay – Mattawa
Nipissing
First Nation
1
0
Quinte
Mohawks
of the Bay of Quinte
2
2
Mohawks of the Bay of Quinte (2)
Raisin-South Nation
Mohawks
of Akwesasne
2
1
Algonquins of Pikwakanagan (1) in agreement with
Akwesasne.
Saugeen, Grey Sauble,
Northern Bruce Peninsula
Chippewas
2
0
Sault Ste. Marie Region
Batchewana
1
0
Saugeen
Garden
of Nawash
First Nation
First Nation
River First Nation
South Georgian Bay-Lake
Simcoe
Beausoleil
First Nation
of Georgina Island
Chippewas of Mnjikaning (Rama) First
Nation
3
1
Rama First Nation (1)
Thames-Sydenham and
Region
Aamjiwnaang
First Nation
of Kettle and Stony Point
Chippewas of Thames First Nation
Moravian of the Thames
Munsee Deleware Nation
Oneida of the Thames
Walpole Island
3
3
Walpole Island (1)
Moravian of the Thames (1)
Chippewas of the Thames First Nation (1)
Trent Conservation
Coalition
Alderville
First Nation
Lake First Nation
Hiawatha First Nation
Mississauga's of Scugog Island First Nation
3
3
Curve Lake (1)
Alderville (1)
Hiawatha (1)
None
0
0
Algonquins of Ontario representative sits at the table as
a voting member representing the public.
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Mississippi-Rideau
Chippewas
Chippewas
Curve
Involving First Nations in
Source Protection
Review and Input into Planning Process: source protection committees are required to notify Chiefs
of First Nations communities with land in source protection areas of their opportunity to review and
comment on the draft terms of reference, assessment report and the source protection plan.
Committees are required to consider all comments received.
First Nations drinking water systems protected under the Clean Water Act:
Government Regulation to protect a First Nations system: First Nations with a land base in a
source protection area may submit a Band Council Resolution requesting that their drinking water
system be included in the source water protection planning process. Subsection 109 (6) of the Act
authorizes a regulation to be made to include a drinking water system serving a First Nation in the
source protection planning process if the Minister has received a resolution.
Amendment was made to Ontario Regulation 287/07 to include two systems (Kettle and Stony Point
First Nation and Six Nations of the Grand River) on February 22, 2010, a future regulation
amendment will bring the Rama system under the Act.
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Status of First Nations Work
Kettle and Stony Point First Nation
•
IPZ delineation completed by Ausable Bayfield Maitland Valley Source Protection
Committee, and work to evaluate whether there are threats to drinking water in the
IPZ is also completed. This information will be presented in an updated assessment
report, if policies are necessary they will be developed and amended to the SPP.
Six Nations of the Grand River
•
IPZ 1 and 2 on the Grand River are delineated and include areas both on and off
reserve. For areas off reserve the Grand River Source Protection Authority is the
lead for threats assessment (done) and policy development (currently ongoing). The
Six Nations have their own process to deal with threats in areas on-reserve.
Chippewas of Rama First Nation
•
IPZ delineation complete and the assessment report is under review by the ministry,
threats identification assessment has already occurred. Policy development will
proceed and the system will be included in a future regulation amendment package.
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Policies affecting First Nations
If First Nations systems are included as a system in the
source protection area (i.e. under the Clean Water Act),
the policies developed for threats to that system that are
outside of the First Nation community would be
implemented as other drinking water threats identified by
the source protection plan.
Threats on the First Nation’s community lands (affecting
either the First Nations system or municipal system)
would have to be dealt with by the First Nation – they
could develop their own process or partner with other
implementing bodies.
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Other Initiatives
Establishment of a First Nations Liaison Committee in the ThamesSydenham Source Protection Region (SPR) involving eight First
Nation communities.
•
•
•
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To provide a venue for First Nations input into the ThamesSydenham SPR source protection policy development process
To engage the First Nation communities who would be key
implementers of First Nations by-laws which may be included in
source protection plans
To formally establish principal contacts within the First Nation
communities for source protection planning process
Other Initiatives
Six Nations Source Protection Plan
•
http://www.sixnations.ca/SWP/swpFirstDraft.pdf
2011 Matawa Environmental Conference (October 4-7, Thunder Bay)
•
Drinking Water Source Protection
Lakehead University’s Dr. Robert Stewart will be providing case study
examples of research and knowledge about the development and
implementation of planning procedures within the Province. He will identify
how to conduct threats assessments and risk evaluations by using
examples from the region, particularly from case studies from remote and
road access communities. As part of the workshop, participants will learn
how use handheld Geographic Positioning Systems (GPS) units for threats
identification and data management activities associated with DSWP and
Land Use Planning.
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Community Driven Process
Communities that are not within a source arotection area or
who may not wish to undertake a process through the
Clean Water Act could:
• scope the planning process to suit their needs (i.e.
borrow scientific methodologies to delineate source
water);
• identify existing threats within the community using
Clean Water Act methodologies and the list of threats;
• use community land use planning and by-law powers to
ensure no threats are developed in the future.
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Benefits of Community-Driven Process
Allows the community to define the factors that are important to them
economically, culturally, historically and for the future of their
community.
Allows for a more holistic process, permitting consideration of all
aspects of water, life and the environment.
Allows for the incorporation of Aboriginal Traditional Knowledge and
encourages participation from the whole community.
Encourages collaboration amongst communities, with government and
First Nations organisations.
Processes that are driven by the communities are more effective
at achieving positive change, adding an element of ownership
that promotes sustainability and adoption of plans.
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Links
Ministry of the Environment’s Clean Water Act Website:
www.ontario.ca/cleanwater
Comprehensive Community Planning for First Nations in British Columbia:
http://www.ainc-inac.gc.ca/ai/scr/bc/proser/fna/ccp/ccphb/pub/ccphb-eng.asp
The First Nations Comprehensive Community Planning Initiative supported by Atlantic
Policy Congress of First Nation Chiefs:
http://www.apcfnc.ca/en/community/Index.asp
The Northwest Territories Water Stewardship Strategy:
http://www.enr.gov.nt.ca/_live/documents/content/NWT_Water_Stewardship_Strategy.
pdf
Fisher River Watershed Vision project with the Fisher River Cree Nation:
http://www.mnr.gov.on.ca/en/Business/FarNorth/2ColumnSubPage/275048.html
Far North Land Use Planning Initiative:
http://www.mnr.gov.on.ca/en/Business/FarNorth/2ColumnSubPage/275048.html
Keepers of the Water:
http://www.keepersofthewater.ca/
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Questions?
Miigwetch!
Thank you!
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