1. Water Legislation Impacts on First Nations March 10, 2010 Hilton Hotel & Suites, Niagara Falls, Ontario Ontario First Nations Technical Services Corporation Mathew Hoppe, Technical Manager

2. Water Legislation Chronology 1.Walkerton Tragedy of May 2000 2.Justice O’Connor Report of 2002 3.First Nation Water Management Strategy of 2003 to 2008 4.National Engagement Sessions of 2009 5.First Nation Water and Wastewater Action Plan of 2009 6.Today - What is happening? – Federal Government proceeding towards water legislation that will impact First Nations – Wastewater Systems Effluent Regulations are being advanced 2

3. Water Legislation Impacts Since the events of Walkerton and the Inquiry, Ontario has been a leader in modifying earlier legislation to ensure the availability of safe water to residents of Ontario. This work is recognized by many jurisdictions across North America. Justice O'Connor dedicated Chapter 15 to First Nations water issues and provided : Recommendation 89: I encourage First Nations and the federal government to formally adopt drinking water standards, applicable to reserves, that are as stringent as, or more stringent than, the standards adopted by the provincial government. In this presentation we focus on the newly developed five (5) key areas for obtaining a Municipal Drinking Water License and Drinking Water Works Permit. This replaces the outdated Certificate of Approval. 3

4. Water Legislation Impacts What are the benefits of water legislation? Will allow everyone to have right to drinking water that meets a high standard for safety Will assist in protecting source waters from human and industrial contamination Will entail that designs and construction practices meet high water quality and quantity standards Will promote the development of high quality operations and maintenance standards Will provide for testing, monitoring and reporting standards to verify the quality of the drinking water produced Will provide for updating facilities to newly developed practices 4

5. Water Legislation Impacts 1. Drinking Water Works Permit (DWWP) is a permit to establish or alter a drinking water system. Required by municipalities in Ontario and is replacing the better known Certificate of Approval. It is a nine (9) page application submitted by owner – Details on treatment system(s), old C of A, permit to take water, pumping stations, storage/reservoir systems, other subsystems, distribution systems, Drinking Water Works Permit, operational plans, permit to take water, raw water assessment. Considerable time and expertise is required to prepare the application – Will need training, funding and human resources Web site: http://www.ontario.ca/drinkingwater/260942.pdf http://www.ontario.ca/drinkingwater/260942.pdf 5

6. Water Legislation Impacts 2. The Operational Plan is required as part of the application process. It will be based on the Drinking Water Quality Management Standard (DWQMS) and will document an operating authorities Quality Management System (QMS) 21 elements in DWQMS to be addressed and followed – http://www.ene.gov.on.ca/envision/env_reg/er/documents/2006/Drinking%20 Water%20Quality%20Management%20Standard%20-%20October%202006.pdf http://www.ene.gov.on.ca/envision/env_reg/er/documents/2006/Drinking%20 Water%20Quality%20Management%20Standard%20-%20October%202006.pdf Reflects multi barrier approach Certificate of accreditation based on 3 rd party audit Based on Safe Drinking Water Act of 2002 Owner submission and Operating authority submissions Web site: http://www.ontario.ca/drinkingwater/182621.pdfhttp://www.ontario.ca/drinkingwater/182621.pdf 6

7. Water Legislation Impacts 3. Accredited Operating Authority is the person or entity that is given responsibility by the owner for the operation, management, maintenance or alteration of the system. Implies an accreditation body with audit responsibilities Owners responsibilities very similar to that of operating authority Shown under parts III and IV of 14 part Safe Drinking Water Act – http://www.e- laws.gov.on.ca/html/source/statutes/english/2002/elaws_src_s02032_e.htm http://www.e- laws.gov.on.ca/html/source/statutes/english/2002/elaws_src_s02032_e.htm Must provide and adhere to a Quality Management Standard – http://www.ene.gov.on.ca/envision/env_reg/er/documents/2006/Drinking%20 Water%20Quality%20Management%20Standard%20-%20October%202006.pdf http://www.ene.gov.on.ca/envision/env_reg/er/documents/2006/Drinking%20 Water%20Quality%20Management%20Standard%20-%20October%202006.pdf 7

8. Water Legislation Impacts 4. Financial Plans are required under SDWA, 2002 Provide for full cost of water services – Requires strict tracking of water related costs by accounting group Provide a cost recovery plan – Shows how the full cost will be recovered – In municipalities this is through user fees Website: http://www.e- laws.gov.on.ca/html/regs/english/elaws_regs_070453_e.htmhttp://www.e- laws.gov.on.ca/html/regs/english/elaws_regs_070453_e.htm 8

9. Water Legislation Impacts 5.Permit to Take Water is required under clause 44(e) of the SDWA. Permits are issues under section 34 of the water resources act in Ontario Permits issued based on – protection of the natural functions of the ecosystem – Water availability – Use of water – Other issues including interests of other persons Potentially infringes on rights of First Nations. Websites: http://www.e- laws.gov.on.ca/html/regs/english/elaws_regs_040387_e.htmhttp://www.e- laws.gov.on.ca/html/regs/english/elaws_regs_040387_e.htm 9

10. Summary Water legislation is a very complex subject that needs to resolve many technical and legal items The Ontario process has imposed significant financial burdens on all municipalities. The Ontario system identifies many responsibilities for owners, engineers, operators, regulators all in an attempt to protect the health and safety of consumers. First Nations will need human and financial resources to become familiar with a legislated process and training to comply with the process 10

11. If the water legislation was passed: Is your First Nation prepared to complete these reports; Is your First Nation have the resources to respond to the needs; Are you aware of your potential responsibilities. 11