We thank the Ontario government for the opportunity to comment on the Environmental Registry of Ontario (ERO) 019-2017 (closing Feb 5 2021). We are Ontario registered nurses (RNs), nursing students and concerned individuals dedicated to environmental health and ensuring access to safe and reliable water for all Ontarians.

We are pleased that this government is addressing questions of water supply, including quantity of water supply and quality. With 18 percent of Ontario’s population relying on private wells and this water excluded from source protection plans (Back to Basics, Clean Water 2018), it is imperative to prioritize this population’s water supply in provincial planning. This is particularly pressing for Ontario communities located in areas of ongoing drought that threaten the availability and sustainability of their water supply.

The Ontario government's Draft Water Quantity Management Implementation Guide addresses Area-based Quantity Management and Priorities for Water Use. We welcome that our government acknowledges that there are variations throughout the province in the availability of water supply and that there is not a one size fits all when setting water taking parameters. 

The impetus for the BluMetric review that occurred last summer and the current ERO proposal stem from the bottled water industry. We are encouraged by the direction taken by the Ontario government in adopting a broader view of water supply issues. 

A number concerns, however, must be addressed in relation to water usage in Ontario, including:

1. The shortening of the posting periods for comment on the Environmental Registry of Ontario. Community groups and individual citizens who may wish to respond or engage professional consultants to review related data require more than 30 days to do so. Industry proponents of legislative and regulatory changes have the time of their choosing to present their findings; adequate time, in turn, must be provided for democratic engagement and review of what is presented. 

2. There appears to be a two pronged approach outlined in the Draft Water Quantity Management Implementation Guide. The government notes the plan of “Assessing and managing multiple water takings together in the areas of the province where water sustainability is a concern”. More explicit language is required: the priorities as outlined for usage need to be provide a clear guidepost. Lack of direction in the Guide opens the door for argument by industry proponents and the ministry to consider only other large water takings in the vicinity and not the priorities as set out when considering a Permit to Take Water (PTTW) application.

3. Low water conditions can trigger further review by the Director issuing the PTTW. The current PTTW manual states these to be in Level 2 or Level 3 low water conditions in two of five years. In areas with potentially unsustainable water supplies, it would be prudent to automatically deny operators PTTWs, particularly if the nature of operators’ processes exacerbate drought conditions. For example, the Quinte area (a BluMetric study area), is now in its 6th year in 6 years of low water, with 4 of those 6 years in Level 2 or Level 3 categories of low water conditions. In this area, there are significant quarry operations that are large water takers; water is pumped out of the quarry to keep the floor dry. Water is sent downstream, not on the area it lands. Massive holes, often the size of whole farms, have snow melt and rain not absorbed at the site of these operations, further exacerbating drought conditions.

4. When issuing permits, the ministerial ability for oversight and timely intervention for non-compliance is a concern that is not adequately addressed. An example of concern stems from the Environmental Review Tribunal hearing for Long’s Quarry, Tyendinaga Township, Hastings County, PTTW, spring 2015, in which a condition was added to a PTTW: 

Where the Permit Holder is advised by the Quinte Conservation Authority of a low-water advisory, the Permit Holder shall only take an amount of water each day equal to the amount of precipitation received at the site in the preceding day. The calculation of the amount of precipitation received at the site for purposes of this provision shall be determined by the Permit Holder based on its on-site precipitation monitor and the area of the site (Member Wilkens, 179, Table A)

This condition was implemented in the PTTW 8467-A32L6G which expired October 2020 and is now up for renewal. An investigation is underway in relation to this PTTW relating to non-compliant water pumping during the drought year 2018. This is the second infraction for non-compliance of water pumping during drought for this same quarry operator (pertaining to non-compliance during drought year 2016). Despite the historical non-compliance of this operator, and the ongoing investigation, the ministry has not visited the site since early 2019, and an almost 2-year investigation from a 2018 pumping non-compliance report has yet to be completed. It was brought to ministerial attention in 2020, that yet a third time, there appeared to be non-compliance from the same operator with water pumping during the drought in 2019. This most recent reporting of non-compliance does not appear to have been investigated.

Therefore, as Ontario registered nurses, nursing students, and concerned individuals, we urge the following measures be incorporated into provincial guidance on water management implementation:

1. In areas of known drought, strict parameters are placed on PTTW and that no discretionary element is permitted (such as that of the Director).

2. Deny any PTTW in areas of drought that have had greater than 2 in 5 years of Low Water Level 2 or Low Water Level 3.

3. Restrictions on the renewal of any PTTW for operators who have demonstrated non-compliance with past and/or current PTTWs.

A safe and reliable water supply is fundamental to human life and health. As registered nurses, nursing students and concerned individuals who understand the importance of water supply issues, including both water quality and quantity, we want to ensure that legislative changes safeguard rural water supply and do not impose unacceptable environmental and/or health risks to vulnerable communities reliant on well water.