Amendments to Ontario Regulation 288/07 "Source Protection Committees" under the Clean Water Act, 2006
O. Reg. 288/07
Regulation - LGIC
Bill or Act:
Clean Water Act, 2006
Summary of Decision:
The Ministry of the Environment and Climate Change posted a proposal on June 12, 2015 for a 45-day comment period to make amendments to O. Reg. 288/07 ("Source Protection Committees") under the Clean Water Act, 2006 (CWA). A decision has been made to proceed with the proposal, subject to changes made as a result of public consultation.
In order to retain the valuable knowledge and expertise of committee members and provide greater local autonomy to source protection authorities, the amendments:
allow committee members involved in the preparation of source protection plans to remain on committee in first few years of implementation;
provide local flexibility in how membership expiries are applied across municipal, economic and other sectors, provided all terms of appointment expire by the year the third annual progress report on implementation is due;
identify future terms of appointment as a maximum of five years;
provide First Nation band councils the option to identify their representative's term of appointment, with no maximum date;
provide flexibility for the source protection authority to change committee size while maintaining 1/3 proportionality among the three sectors that comprise committees and within the range of minimum and maximum committee members identified in regulation;
establish requirements to be satisfied before committee may change in size (lead authority must consult with chair of the committee, other source protection authorities in the region, and pass resolution);
authorize the source protection authority to use newspaper notices in all or parts of the source protection area, in addition to Internet notices and any other manner that the authority considers appropriate;
adjust the advertising period for committee member vacancies to a minimum of one month (instead of two); and,
remove provisions that applied when committee was first formed or no longer apply.
June 12, 2015
Summary of Proposal:
The purpose of the Clean Water Act, 2006 (CWA) is to protect existing and future sources of drinking water to help protect human health and the environment, and to ensure safe, clean drinking water for Ontarians. The Act ensures communities are able to protect their drinking water sources through prevention - by developing collaborative, locally driven, watershed based drinking water source protection plans founded on science. Source protection planning is a vital part of Ontario's drinking water safety net, a framework designed to protect drinking water from the source to the tap.
Ontario Regulation 288/07 "Source Protection Committees" sets out the requirements for the size, appointment and operation of source protection committees. Source protection plans for the 38 source protection areas were prepared by the 19 source protection committees in the province. A source protection committee's knowledge and experience with the plans that they prepared is important in fostering local acceptance and successful plan implementation after plans are approved by the Minister of the Environment and Climate Change. In addition, committee background of the plan's policy development is anticipated to be a valuable asset when committees review and comment on (i) the first progress report on the implementation of plans (required under section 46 of the CWA) and (ii) workplans that are intended to govern the review and update of plans, which are submitted to the ministry approximately three years after plans are approved.
In order to retain the valuable knowledge and expertise of committee members, the proposed regulation amendments allow committee members that were involved in the preparation of source protection plans to remain on the committee in the first few years of plan implementation.
The proposed amendments will provide greater local autonomy of source protection committees by providing flexibility to reduce the committee size.
The proposed amendments will eliminate the current requirement for newspaper notices and align with common practices of posting notices related to committee member recruitment on the Internet.
For all details of the proposed amendments, please follow the link to the posting on the Environmental Bill of Rights (EBR) Environmental Registry.
Source Protection Programs Branch
Ministry of the Environment and Climate Change
40 St. Clair Avenue West, 14th Floor
Toronto Ontario, M4V 1L5
Phone: (416) 212-5296
October 16, 2015