Developing a Policy for Establishing Water Quality and Effluent Guidelines under the MVRMA Water/Effluent Quality Guidelines Working Group August 28, 2008

Overview 2 1Introduce project team 2Project purpose 3Approach and methodology 4Preliminary observations 5Identify further sources of information and stakeholders to be interviewed

Project Team 3 Charles Birchall Senior Legal Advisor Expertise: Water law, environmental assessment, Aboriginal law Clients: Environment Canada, Health Canada, Industry Canada Michael van Aanhout Senior Advisor Expertise: Strategic planning, environmental protection policy, environmental management, evaluation and auditing, facilitation Clients: Fed, Prov, Territorial Governments, Mining, Oil and Gas, NGOs Kristi Ross Legal Analyst Michael Gullo Project Manager Expertise: Environmental evaluation and review, corporate planning, project management Clients: Federal Government, International Institutions, Mining, Forest Products, NGOs Expertise: Water law, environmental planning, environmental assessment Clients: Environment Canada, Health Canada, Industry Canada Expertise: Water management, environmental planning, policy research and analysis Clients: Indian and Northern Affairs Canada, City of Toronto, National Capital Commission Vicky Weekes Analyst

Context/Need 4 Audit: Evaluated INAC’s performance relative to its responsibilities set out in the MVRMA for the development of non-renewable resources in the NWT. Recommendation: “INAC, in consultation with the boards under the MVRMA, should develop standards for water and the Minister should direct the boards to use the standards.” Audit: Evaluated INAC’s performance relative to its responsibilities set out in the MVRMA for the development of non-renewable resources in the NWT. Recommendation: “INAC, in consultation with the boards under the MVRMA, should develop standards for water and the Minister should direct the boards to use the standards.” OAG Report 2005 Option 1: Establish uniform water quality objectives Option 2: Establish industry-specific effluent quality criteria Option 3: Establish a process or procedure for defining the above that can be consistently applied on a case-by- case basis Option 1: Establish uniform water quality objectives Option 2: Establish industry-specific effluent quality criteria Option 3: Establish a process or procedure for defining the above that can be consistently applied on a case-by- case basis Working Group Established in 2008 Comprised of staff from: MVLWB Gwichi’in Land & Water Board Sahtu Land & Water Board Wek’eezhii Land & Water Board Established in 2008 Comprised of staff from: MVLWB Gwichi’in Land & Water Board Sahtu Land & Water Board Wek’eezhii Land & Water Board Water Management Goal: Create clear and consistent policy and procedures for deriving water quality / effluent criteria for water licenses. MacDonald Report 2007 Water Management Goal: Select a NWT-suitable approach to establish greater certainty about water quality standards in the licensing process. Water Management Goal: Provide project proponents with greater certainty about water quality standards that must be met to mitigate project impacts.

Project Purpose 5 Purpose: Develop a policy that outlines an overall management framework, an approach and specific procedures for deriving water quality and effluent guidelines for the Land and Water Boards under the MVRMA. Rather than establish fixed water quality and effluent standards… …establish a process that Land and Water Boards can apply consistently to derive and apply project- specific water quality and effluent criteria.

Water Management Context 6 Source: Pollution Probe A New Approach to Water Management in Canada. Available at

NWT Context 7 Procedure for Setting EQCs Water Monitoring CIMP Land Claims CCME MVRMA NWT Water Strategy Land Use Plans Baseline Data WQO (stated in different contexts) Federal Legislation & Regulations Keepers of the Water, Water Wise Development Sectors (Industrial, Municipal)

Approach 8 PlanningImplementation Monitoring Improving Source: Locke, S. Water Policy in Canada: National Workshop Series. Moncton, New Brunswick. October 4–5, 2006.

Our Methodology 9 Kickoff Meeting InterviewsJurisdictional Analysis Gap Analysis DevelopOptions Workshop Develop Draft Policy 2- Research and Analysis 1- Project Initiation and Management 3- Discussion Paper 4- Dialogue 5- Water Quality Policy Approval of work plan Gap analysis and jurisdictional report Draft and revised discussion paper Workshop summary report Draft and revised policy Briefing with WG Deliverables Feedback from WG

Gap Analysis Framework: Planning 10 Water quality plan or strategy? Roles & responsibilities clearly defined? Short- and long- term goals, objectives & targets? Integrated with other resource management plans? Consider inter- jurisdictional water issues? Ecosystem goals and objectives? Consider water quality with new project development? Consider cumulative effects with new project development?

Gap Analysis: Planning 11 Water quality plan or strategy? No overarching strategy covering all aspects of water quality. GNWT is developing a strategy. Roles & responsibilities? Articulated for GNWT, federal government, Land and Water Boards, and through land claims. Short- and long-term objectives? Not observed. Ecosystem goals and objectives? Not observed. Inter-jurisdictional water issues? MVLWB oversees for water licensing. Mackenzie River Basin Transboundary Waters Master Agreement, Integrated with other management plans? Land use planning: Under the MVRMA water licenses must be issued in accordance with applicable land use plans. Cumulative impacts /water quality protection? Considered during EIA:  Preliminary Screening - Land and Water Boards  EA and EIR - MVEIRB

Gap Analysis Framework: Implementation 12 Standards & Objectives? Water protection / management statutes & regulations? Water quality / effluent guidelines & objectives? Guidance documents or policies for applying water quality standards and managing water resources with new project development? Adaptive management? Nature of water issues covered? Contribute to goal setting? Involved in decision-making? Public Involvement?Legislation? Mandatory or discretionary provisions? Involvement of First Nations governments?

Gap Analysis: Implementation 13 Legislation Federal Legislation: Fisheries Act MMER MWW Water licensing:  Northwest Territories Waters Act  Mackenzie Valley Resource Management Act Standards & Objectives  “Guidelines for the Discharge of Treated Municipal Wastewater in the NWT” – NWT Water Board, 1992  CCME  EPA Public Involvement  Water Wise Conference, 2007  Keepers of the Water Gatherings, 2006, 2007, 2008  Stakeholder perspectives incorporated into the proposed approach for developing a NWT Water Resources Management Strategy.

Gap Analysis Framework: Monitoring 14 Mandatory water quality monitoring? Regular public reporting? Monitoring and evaluation results communicated to appropriate jurisdictions ? Monitoring? Mandatory water quantity monitoring? Reporting?

Gap Analysis: Monitoring 15  Selected monitoring data and reports are publically available (online).  Project specific data and reports submitted to Boards  No evidence that monitoring efforts are connected to specific goals or performance measures or a broader water strategy.  No evidence of procedures or a process for using monitoring data to improve overall water management in the NWT. INAC, Water Resources Division Monitors transboundary waters to ensure that upstream provinces/territories are not causing downstream effects in the NWT. Environment Canada Collects baseline water quality and quantity data at various sites in the NWT. NWT Cumulative Impact Monitoring Program Evaluates how all uses of land and water and deposits of waste affect the environment in the NWT.

Gap Analysis Framework: Improving 16 Procedure in place for periodically evaluating compliance and performance? Follow-Up? Framework for setting and reviewing goals, objectives and targets? Mechanisms for enhancing internal and external communication?

Gap Analysis: Improving 17  The first NWT Environmental Audit Report was released in 2006 and is publically available (online).  It is unclear how or whether recommendations in the audit are incorporated into future water management practices.  No evidence of a framework for setting and reviewing goals, objectives and targets. NWT Environmental Audit An independent review that evaluates:  Environment health;  Effectiveness of the NWT CIMP;  Effectiveness of land, water, and waste regulation; and  Responses to the recommendations of previous audits.

Jurisdictional Analysis: Preliminary Observations 18

Jurisdictional Analysis: Ontario 19  No overarching strategy in place that addresses all aspects of water quality protection in a comprehensive manner.  Ontario’s approach to water has been largely reactive and has resulted in a maze of laws, regulations, standards and guidance materials:  Ontario Water Resources Act:  General water protection statute;  Permits to Take water – Applies to takings over 50,000 L of water per day; ecosystem and cumulative effects must be considered  The Environmental Protection Act:  Regulation of discharges to water in nine sectors: petroleum, pulp and paper, metal mining, industrial minerals, metal casting, organic chemical manufacturing, inorganic chemical, iron and steel, and electric power generation (MISA)  These two pieces of legislation proved to be ineffective, when seven people died and 2300 became ill after Walkerton's water supply became contaminated with manure spread on a farm near the town.

Jurisdictional: Ontario 20  Key recommendations of the Walkerton Inquiry dealt with source water protection using watersheds as the basis for planning and management, a quality management system for water suppliers, and more competent enforcement.  Led to the creation of:  The Clean Water Act, that requires source water protection and engages local, watershed-based water governance; and  The Safe Drinking Water Act.  Ontario’s Water Quality Standards are fractured:  Ontario Drinking Water Standards, Objectives and Guideline, prescribed by O. Reg. 169/03 standards for 158 chemical/physical, microbiological and radiological parameters, human health, rather than ecosystem focus cf. Manitoba)  Provincial Water Quality Objectives:  Apply to surface and groundwater, focus is the protection of aquatic life and recreation uses

Jurisdictional Analysis: Manitoba 21  Ministry of Water Stewardship promotes collaborative governance model with citizen engagement and local authorities and relies on local Conservation Districts to deliver water-related management, programs and monitoring.  Strong legislative foundation:  The Water Protection Act sets out binding water quality standards, objectives and guidelines;  The Environment Act sets enforceable limits for the quality of industrial and municipal discharges; and  The Water Rights Act and Regulation requires a license when water usage exceeds 25,000 L/day.  Current proposal to consolidate all water protection measures into one Act.

Jurisdictional Analysis: Manitoba 22  Strong policy framework – Manitoba Water Strategy (April 2003) which focuses on:  Water quality;  Conservation;  Use & allocation;  Water supply;  Flooding; and  Drainage.  Integrated watershed-based land and water planning and management.  Manitoba Water Quality Standards, Objectives and Guidelines:  Uses a three-tiered approach, protects ground water and surface water as well as broader ecosystem integrity; and  Includes standards, objectives, and guidelines for over 100 materials, harmonizing the approach with principles advanced by the Canadian Council of Ministers of the Environment.

Jurisdictional Analysis: Saskatchewan 23  Ministry of Environment responsible for carrying out programs and services relating to water.  The Ministry’s website provides: “Making sure that our water is clean and safe is a priority for the [Ministry] that often takes balancing the water and wastewater needs of the user with conserving the well-being of our aquatic ecosystems”.  The Environmental Management and Protection Act, 2002  Regulation of unauthorized discharges, water quality, drinking and wastewater. The Minister is responsible for:  The supervision, control and regulation of water quality; and  Any impairment of water quality by any adverse effect (s. 16).

Jurisdictional Analysis: Saskatchewan 24  On 28 March 2002, Commissioner Laing releases his report responding to the outbreak of cryptosporidium in North Battleford drinking water system.  Province acted on his 28 recommendations including:  Creation of the Saskatchewan Watershed Authority to better protect local water supplies;  Re-focusing of SaskWater to concentrate on helping communities find appropriate solutions to their water treatment infrastructure challenges;  Development of clearer, more effective regulations governing the management of waterworks;  Establishment of the Drinking Water Quality Section of Saskatchewan Environment to manage drinking water quality and related issues; and  Development of a new database containing water testing compliance performance and quality results to be available to the public.

Jurisdictional Analysis: Saskatchewan 25  The Saskatchewan Watershed Authority Act  Purpose and mandate of the Authority includes managing, controlling and protecting water, watersheds and related land resources of Saskatchewan (s. 5)  Authority’s powers include:  Regulate and control the flow of water in any water body;  Receive and consider applications for, and issue, water rights licenses and approvals; and  Promote, undertake and co-ordinate research, investigations, surveys, studies, programs and activities relating to the management, conservation and protection of water, watersheds, and related land sources of Sask. Water Quality Management:  The Ministry has developed a framework for managing water quality that enables it to meet the following policy goals: a)Preservation and protection of water supplies; b)Encouragement of economic development; c)Preservation of aesthetic values; and d)Preservation of fish and wildlife.

Jurisdictional Analysis: Saskatchewan 26  Decisions relative to the permitting of effluent discharges are made using information on: a) Water quality guidelines (WQGs) or WQOs; b) The uses of the water body under consideration; c) Site-specific water quality data; d) The potential for adverse effects; and e) The practicality of wastewater treatment.  Two types of WQOs:  General surface WQOs define basic quality characteristics (both narrative and numerical) of surface waters needed to afford a minimum level of protection; and  Site specific surface WQOs define concentrations and conditions needed to protect specific bodies of water.

Jurisdictional Analysis: Saskatchewan 27  Ministry has adopted a number of general objectives that apply to all waters receiving effluent discharges.  Ministry has established guidelines for effluent mixing zones.  Sask. model described as “well considered” and “scientifically defensible”.

Closing 28  Sources of Information?  Suggestions for Interviews?