First Nations & Source Protection

OFNTSC October 27, 2011

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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

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Source Protection Basics

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The purpose of the Clean Water Act

is to protectexisting and future

sources of drinking water

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• 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

Principles of Source Protection

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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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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

MunicipalOther:

Environment Health / Public

Agricultural, Commercial /

Industrial / Small Business

Source Protection Authority• appoints the source protection committee• provides administrative and technical support to the

committee

support

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Source Protection Process

Identify

Year 1-2

• Assessment report: evaluate watershed vulnerability and threats to drinking water

(2006-2010)

Plan

Year 3-5

• Prepare source protection plan: policies to address significant threats to drinking water

(2010-2012)

Implement & Monitor

Year 5+

• Implement the source protection plan

• Inspect and Enforce• Monitor and Report• Review plan

(2013 & beyond)

Municipal WellWHPA LineWaterbody

• WHPAs are divided into areas based on Intrinsic Vulnerability (I.V.).

LowMediumHigh

I.V.2 = Low46

810 = High

Vulnerability Score Wellhead Protection Area (WHPA) Delineation

-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-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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WHPA-D - 25 yr TOT

WHPA-C - 5 yr TOT

WHPA-B - 2 yr TOT

WHPA-A - 100m

WHPA-C1 - 10 yr TOT

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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Zone D - 25 yr TOT

Zone C - 5 yr TOT

Zone B - 2 yr TOT

Zone A - 100m

Municipal WellWHPA LineWaterbody

• WHPAs are divided into areas based on Intrinsic Vulnerability (I.V.).

LowMediumHigh

I.V.2 = Low46

810 = High

Vulnerability Score

H

L

M

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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

- WHPA-C scores 8, 6 and 4

- WHPA-D scores 6, 4 and 2

Surface Water Intake

Protection Zone

Great Lakes

Three Zone System:

Watershed Watersheds(Intakes A & B)

B

A

Nested Intake System:

Area of Overlapfor IPZ-2

10m SectionDownstream

TransportPathway(Rule 69)

TransportPathway

IntakeWatershedWaterbody

IPZ-1 -- Rule 62(3)IPZ-2 -- Rule 65IPZ-3 -- Rule 68(1)(b) and 68(2)

IntakeWatershedWaterbody

IPZ-1 -- Rule 62(3)IPZ-2 -- Rule 65IPZ-3 -- Rule 68(1)(b) and 68(2)

Intake Protection

Zones Type C

Intakes:Rivers 14

Intake Protection Zones Type D Intakes: Inland Lakes

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Threats/Issues/Conditions

• 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.

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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.

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.

The available tools include:• 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.

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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 Nations of the Grand RiverMississaugas of New Credit

3 3 Six Nations (2) Mississaugas of New Credit (1)

Lakehead Fort William First Nation 1 0 N/A

Mattagami Region Mattagami First Nation 1 1 Mattagami First Nation

Sudbury Whitefish Lake First NationWahnapitei

1 2 Whitefish Lake (1) Both are nonvoting membersWahnapitei (1)

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 of Nawash Saugeen First Nation

2 0

Sault Ste. Marie Region

Batchewana First NationGarden River First Nation

1 0

South Georgian Bay-Lake Simcoe

Beausoleil First NationChippewas of Georgina IslandChippewas of Mnjikaning (Rama) First Nation

3 1 Rama First Nation (1)

Thames-Sydenham and Region

Aamjiwnaang First Nation Chippewas 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 Curve Lake First NationHiawatha First NationMississauga's of Scugog Island First Nation

3 3 Curve Lake (1) Alderville (1)Hiawatha (1)

Mississippi-Rideau None 0 0 Algonquins of Ontario representative sits at the table as a voting member representing the public.

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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 Thames-Sydenham Source Protection Region (SPR) involving eight First Nation communities.

• To provide a venue for First Nations input into the Thames-Sydenham 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

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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!