HomeMy WebLinkAboutPSD-103-07
Cl~mgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
~SO\\,lk1 ~PA _61g' -01
Date:
Tuesday, September 4, 2007
Report #: PSD-103-07
File #: PLN 1 .1.13
By-law #:
Subject:
SOURCE WATER PROTECTION REGIONS AND COMMITTEES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-103-07 be received;
2. THAT Faye Langmaid, Manager of Special Projects and a Member of Council be
appointed to the Municipal Working Group for the Ganaraska area within the Trent
Conservation Coalition Source Protection Region;
3. THAT Durham Region and Ganaraska Region Conservation Authority be sent copies of
Report PSD-103-07; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Davi . Creme, M.C.I.P., R.P.P.
Director, Planning Services
Reviewed bd~~ ~~
Franklin Wu
Chief Administrative Officer
FLlDJC/df
28 August 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-103-07
Page 2
1.0 BACKGROUND
1.1 The Clean Water Act, 2006 received Royal Assent on October 19, 2006 and
came into force on July 2, 2007 (Attachment 1). It was the result of Justice
O'Connor's recommendations from the Walkerton Inquiry following the events of
2002. The purpose of the Clean Water Act is to "protect surface and groundwater
sources from contamination and overuse (water quality and quantity) for now and
for the future". The Clean Water Act focuses on municipal supplies of drinking
water and has given the coordinating role for the planning process and
developing the science to the Conservation Authorities.
1.2 On July 3rd, the Province of Ontario promulgated several regulations under the
Clean Water Act with relate to the creation of Source Protection Committees
across the Province. The Source Protect Authorities (Conservation Authorities)
are now contacting municipalities about the process and timelines for
establishing the Source Protection Committees in accordance with the
regulations.
1.3 Clarington is part of two Source Protection areas, the Trent Conservation
Coalition Source Protection Region which includes the Ganaraska Region
Conservation Authority (GRCA) (see Attachment 2); and the Credit
ValleyfToronto/CLOCA Source Protection Region (see Attachment 3).
2.0 PURPOSE OF REPORT
2.1 To provide Council with the background information on the appointment of the
source protection committees including member qualifications and
responsibilities (Attachment 4) as called for in the Ontario Reg. 288/07 under the
Clean Water Act.
2.2 To update Council on the process that the Credit ValleyfToronto/CLOCA Source
Protection Authority is proposing to obtain their sole municipal representative.
2.3 To request the appointment of one political and one staff member to the
Municipal Working Group for the Ganaraska Area on the Trent Conservation
Coalition Source Protection Region, who will nominate the sole municipal
representative to the TCCSP Authority.
3.0 COMMENTS
3.1 Trent Conservation Coalition Source Protection Recion
3.1.1 The Trent Conservation Coalition Source Protection Region is made up of the
Crowe Valley CA, Ganaraska Region Conservation Authority, Kawartha
REPORT NO.: PSD-103-07
Page 3
Conservation, Otonabee Conservation, Lower Trent Conservation. It covers
14,500 sq. km., 5 counties, 32 municipalities, 4 First Nations and a federal
waterway.
3.1.2 GRCA have been working with their municipal representatives and staff (Durham
Region, Clarington, Port Hope, Cobourg and Township of Hamilton) and are
suggesting a local Municipal Working Group with representation from each
Municipality (Attachment 5). The Municipal working group would have a Council
and staff representative from each Municipality. In turn this working group will
select one representative from the group to sit on the Source Protection
Committee for the entire Trent Conservation Source Protection Region.
Conservation Authority board members are ineligible for appointment to the
Source Protection Committee. The Source Water Protection Committee
representative can either be a Councillor or staff. The first meeting of this
Municipal Working Group is Monday, September 10th, 2007 at 9:30 a.m. at the
GRCA offices.
3.2 Credit VallevfToronto/CLOCA Source Protection ReQion
3.2.1 The Credit ValleyfToronto/CLOCA Source Protection Region is composed of
these three conservation areas. It encompasses all of the City of Toronto and
portions of Durham, Peel, York, Halton Regions; in addition there are some 27
lower tier municipalities.
3.2.2 The Toronto Region Conservation Area is providing the lead for this Source
Protection Area and they have contacted the Region of Durham to co-ordinate
the appointment of one municipal representative from Pickering, Ajax, Whitby,
Oshawa, Uxbridge, Scugog, Clarington or Durham Region as the member of the
Committee (Attachment 6). Again, the representative can either be a Councillor
or Staff. Clarington Staff attended a meeting on August 23rd at the Region to
understand the process the Region is proposing for this appointment. The
Region will be considering a report and recommendation at their September 19th,
2007 meeting.
3.3 Municipal Endorsement of Source Protection Committee Members
Under Ontario Reg. 288/07, the Source Protection Committee must be selected
jointly by the groups of municipalities affected in the different areas. The joint
selection process described in the regulation requires resolution from all
municipal councils endorsing the one representative for each Source Protection
Committee. The Source Protection Committees are to be established by
November 2007.
REPORT NO.: PSD-103-07
Page 4
4.0 CONCLUSIONS
4.1 The Trent Conservation Coalition Source Protection Region which Clarington is a
member of through GRCA has developed a municipal working group for the
GRCA affected municipalities. The Municipality has been asked to appoint a
political and staff representative to this working group. The staff representative
we are recommending is Faye Langmaid, Manager of Special Projects. Mayor
Abernethy or Councillor Woo are eligible to be the political representatives to the
Source Protection Committee (given the restriction placed on Conservation
Authority Board members) and could be appointed from the Municipal Working
Group. Alternatively, Councillor Trim or Councillor Robinson could be appointed
with the understanding that they would not be eligible for appointment to the
Source Protection Committee. When a representative is selected by the
Municipal Working Group for the Source Protection Committee an endorsing
resolution will be brought forward to Council in October, 2007.
4.2 The Credit ValleyfToronto/CLOCA Source Protection Region which Clarington is
a member of through CLOCA has asked the Region of Durham to determine the
municipal representative, on behalf of the member municipalities. The Region
will be making a recommendation for membership on the Source Protection
Committee at their September 19th meeting. When a representative is selected
an endorsing resolution will be brought forward to Council.
4.3 Both of these endorsing resolutions will be for the municipal membership on the
respective source protection committees and are required by November 2007.
Attachments:
Attachment 1 -
Attachment 2 -
Attachment 3 -
Attachment 4 -
Attachment 5 -
Province Proclaims the Clean Water Act
Trent Conservation Coalition Source Protection Region
CreditfToronto/Central Lake Ontario Source Protection Region
Current Proposed Qualification Criteria's Responsibilities
Summary of Proposed Composition Trent Conservation Coalition
Source Protection Committee
Proposed Process for CTC Municipalities to Nominate Municipal
Members
Attachment 6 -
.t1ie
Association of Municipalities of Ontario
200 University Ave, Suite 801
Toronto, ON M5H 3CB
Tel.: (416) 971-98561 Fax: (416) 971
E-mail: amo@amo.on.ca
Attachment 1
! To Report PSD-103-07
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MEMBER COMMUNICATION
ALERT NO: 07/
To the attention of the Clerk and Council
July 5, 2007
FOR MORE INFORMATION CONTA T'
Craig Reid. AMO Senior Policy Advis r
(416) 971-9656 eld 334
Province Proclaims the Clean Water Act - Mu
Government Action is Required
Issue: On July 3, 2007, the Clean Water Act was proclaimed and the regulations
regarding the preparation of Source Protection Plans came into force.
Background:
The Clean Water Act, which received Royal Assent on October 19, 2006, requires the
creation Source Protection Plans to address threats to drinking water sources. The Act
requires Source Protection Committees composed of municipalities, land owners, industry
and the public to study drinking water source threats and to develop Source Protection
Plans for their communities.
On July 3, 2007 the Act and the regulations identifying Source Protection Areas and
constituent municipalities came into effect. The first phase of the planning process will now
begin with the grouping of municipalities and nomination of members to the Source
Protection Committees. Municipalities have the ability to appoint Y:. of the members to each
committee for their Source Protection Area.
Appointment Process:
The government has amended the Source Protection Committees Regulation to allow the
Source Protection Authorities (SPA) to divide the municipalities that are located in whole or
in part within the source protection area/region into groups in an effort to streamline the
appointment process and make municipal representation more effective.
The SPAs are required to consult with municipalities on how to develop the groups to
ensure that representation is fair and effective across the watershed. Municipalities and
source protection authorities have approximately 60 days after the Act and its regulations
have come into effect to develop groups within the source protection area/region.
After 60 days, by September 3,2007, the SPA must provide notification to the Clerks of
municipal councils within the source protection arealregion. The notice will include:
o A description of the functions of the source protection committee;
o A summary of the obligations of committee members;
o The municipal groups that have been determined through a negotiated
process with municipalities to select members;
o The number of municipal representatives each group must select;
o The date by which a joint list must be sent by the group(s) to the source
protection authority.
1-2
Association of &...........
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Member Communication
From the date the notice is sent to the Clerks, each group of municipalities will then have an
approximately 60 days to work together and pass council resolutions that provide a list of
potential municipal representatives to the source protection authority. The SPA would then
appoint these people as the municipal representatives on the committee.
Once the committees are appointed, work will begin on the creation of terms of reference to
guide the work of each committee and the source protection planning process.
Action:
It is recommended that each municipality contact their source protection area to begin
discussing appropriate municipal groupings and the nomination process. Further information
may be found at the Ministry of the Environment website at: www.ontario.ca/cleanwater. A
copy of the regulations can also be found on the Environmental Bill of Rights Registry,
www.ebr.qov.on.ca. EBR reference number 010-0122.
This information is available in the Policy Issues section of the AMO website at www.amo.on.ca.
2-2
Association of
Municipalities of Ontario
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Attachment 2
To Report PSD-103-07
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Proposed Source Protection Region
TRENT CONSERVA TION COALITION
(Crowe Valley, Ganaraska Region, Kawartha, Lower Trent & Otonabee Conservation Authorities)
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Attachment 4
To Report PSD-103-07
Current Proposed Qualification Criteria and Responsibilities
of Source Protection Committee Members
(Subject to revision by the Province)
Proposed SPC Member Qualifications
Mandatory
1. members must reside in, own or rent land in, or be employed or operate a business in
the source protection region (in draft regulation);
2. members must not be board members or employees of a conservation authority (in
draft regulation).
Guidance
3. demonstrated ability to understand source protection science, concepts and technical
reports;
4. familiarity with the rules of operation for committee processes (e.g. Robert's Rules of
Order);
5. proven ability to act as liaison to and from the sector(s) being represented;
6. solid problem-solving, analytical, communication and organizational skills;
7. an openness to work together, and with, representatives from other sectors;
8. knowledge of local watershed(s), communities and issues;
9. demonstrated ability to work with group dynamics and team environments; conciliatory
decision-making skills;
10. strong communications skills;
11. willingness and ability to travel around 1he source protection region;
12. expected involvement in implementation of source water protection;
13. direct contact with residents and landowners;
14. perceived as a credible source of information; and,
15. demonstrated social/economic influence on the community.
Proposed SPC Member Responsibilities
Mandatory
1. must regularly attend meetings of the SPC (in draft regulation);
2. must abide by the SPC's code of conduct and conflict of interest policy (in draft
regulation);
Guidance
3. members should attend meetings of the committee until completion of the terms of
reference, assessment report and source protection plan;
4. members may act as liaisons by bringing forward common concerns from their
knowledge and experience in the sector to the committee and assist in communicating
the committee's work;
5. members should make decisions at the committee table;
6. members should work collaboratively and respectfully with each other and other
stakeholder groups such as the general public, etc;
7. members should attend public information sessions and participate in public
consultation forums;
8. members should respect confidential information and abide by the process in place to
safeguard confidential information.
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Attachment 5
To Report PSD-103-07
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SOURCE PROTECTIOf'SJ
~ACTFOR -CLEAN WATER\"
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Summary of proposed composition of the
Trent Conservation Coalition Source Protection Committee
The first set of regulations under the Clean Water Act have now been passed and the Act was
enacted on July 3,2007. The Act and the Regulations are available at:
h{!l):flwww.ene.Qov.on.ca/en/waterlcleanwaterllndex.php
Ontario Regulation 288/07 sets out the process and requirements for formulating the Source
Protection Committee. The Regulation stipulates that the Trent Conservation Coalition Source
Protection Committee will have 22 members including the Chair of the Committee. In addition. 3
First Nations representatives may be appointed. The 21 members (outside of the Chair and
First Nations representatives) are to be appointed as follows:
1/3 municipal (7 reps)
1/3 industriaVcommercial (7 reps)
1/3 other (7 reps)
Within these three broad categories, the Trent Conservation Coalition is proposing the following:
.
.
.
Two municipal representatives from each of:
. Kawanha-Haliburton municipal group
Otonabee-Peterborough municipal group
Industrial/Commercial Sector Representation
. 3 Agricultural representatives
. 1 Aggregate/Mining representative
1 RecreationlT ourism representative
. 1 Large Water Taker representative
. 1 Economic Development representative
"Other" Representatives
1 Environmental Non Government Organization
. 1 Waterfront Landowner (e.g. Lake Association member or other waterrront land
owner)
. 2 Drinking Water Expert
. 1 Trent Severn Waterway representative
. 2 Public representatives (one urban, one rural)
The above noted information will be posted in local papers and on the internet by August 3" for
public comment on the committee composition and to invite individuals to submit applications for
the non-municipal positions.
"'---
TRENT CONSERVATION COALITION PARTNERS: Crowe Volfey, Ganarosho Region, Kawartha, LOVier Trent & Otonabee Comervation Authorities
Attachment 6
To Report PSD-103-07
Initial Draft for Discussion
Proposed Process for CTC Municipalities to Nominate Municipal Members
Assumptions (based on draft regulation):
1. The composition will be:
a) 1/3 municipal representatives out of 15 members = 5;
b) Note that the Province has proposed that persons who are on the board of a
conservation authority or employed by a conservation authority are excluded
from membership on the spe.
2. All municipalities who are wholly or partially within the eTe Region must jointly endorse
the municipal representatives and provide a list of members to TRSPA as the lead
Source Protection Authority within 45 days of receiving notice. If municipalities fail to
submit within the required timeframe or to submit the correct number of members, then
the lead SPA may select municipal representatives who as a group are representative of
all of the municipalities located in whole or in part within the eTe Region.
3. Working group(s) will be established to support the spe municipal members to aid in
representing all municipal perspectives.
4. Members must meet the selection criteria set out in the regulation and provincial rules
and guidance (see Attachment D).
5. Members must be ready and willing to carry out duties as spe members, abide by rules
of conduct and conflict of interest policies, and be ready to serve the initial term to
complete the first source protection plans (may be as long as 5+ years). (See
Attachment D for current information on duties.)
Rationale for Proposed Approach
1. Since it is unlikely that all municipalities will be able to endorse the slate of 5 candidates
within the 45 day period as set out in the draft regulation without prior consultation, the
eTe Region is proactively identifying a possible process for comment by the
municipalities in advance of regulations and legislation.
2. eTC Region is proposing five groupings of municipalities to nominate a member each
that will provide representation on a geographical basis across the eTe Region. It is
recognized that it will be challenging for municipalities to work across regional/county
boundaries.
3. The municipalities are not bound by this proposal and may choose a different approach
to comply with the regulatory requirements. The purpose is to initiate discussions
amongst municipalities and to ensure they are aware of the proposed requirements and
provide more time for municipalities to consider the best way to proceed.
Proposed Approach for Comment
1. All eTe Region municipal councils will be formally requested to endorse any process
for selection of members as part of the anticipated formal consultation process.
2. If they concur with this nomination process, the councils of the grouped municipalities
would be asked to jointly endorse their nominee.
3. The 4 regional municipalities and the City of Toronto will be requested to coordinate the
nomination of 1 municipal representative each in consultation with the other
municipalities specified in Item 6 below. The list of municipalities in Item 4 and 6 are
located in whole or in part within the proposed eTC Region boundary.
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4. The townships of Adjala-Tosorontio and New Tecumseth in the County of Simcoe, and
the Township of East Gara1raxa in the County 01 Dufferin would not be asked to
participate in nominating a representative as there are no municipal sur1aCe or
groundwater supplies within the portion 01 these municipalities located within the CTC
Region. They would however be asked to endorse the process. They could choose to
participate on municipal working groups.
5. The groupings 01 municipalities in counties and regional municipalities are proposed on
the basis 01 geographical proximity and likelihood 01 shared groundwater resources.
6. Proposed municipal member selection process:
a. 1 member coordinated by the Region of York - endorsed by Regional Council and
councils of the following municipalities; Whitchurch-Stouffville, Vaughan,
-=-- Richmond Hill, Aurora and King;
( b. -rmem er coordinated by the Region of Durham - endorsed by Regional Councl
" and councils 01 the 101l0wing municipalities: Pickering, Ajax, Whitby, Oshawa,
, Clarjngton. Uxbridqe and SCUqOq;
c. 1 member selected by City of Toronto - endorsed by City Council;
d. 1 member coordinated by the Region of Halton - endorsed by Regional Council
and councils of the following municipalities: Halton Hills, Milton, Oakville, plus the
Town 01 Erin in the County 01 Wellington.
e. 1 member coordinated by the Region of Peel- endorsed by Regional Council and
councils 01 the following municipalities: Caledon, Brampton, Mississauga; plus the
towns 01 Orangeville and Mono, and Township 01 Amaranth in the County of
Dufferin.
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