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DATE: October 28, 2013

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REPORT Meeting Date: January 23, 2014

Regional Council

REPORT TITLE: THE PROPOSED GREAT LAKES PROTECTION ACT AND ONTARIO GREAT LAKES STRATEGY

FROM: Norma Trim, Chief Financial Officer and Commissioner of Corporate Services Dan Labrecque Commissioner of Public Works

RECOMMENDATION

That the comments outlined in Appendix I of the report from the Chief Financial Officer and Commissioner of Corporate Services and Commissioner of Public Works, dated October 28, 2013, titled "The Proposed Great Lakes Protection Act and Ontario Great Lakes Strategy," be endorsed.

REPORT HIGHLIGHTS • As a part of its Throne Speech on November 22, 2011, the Province committed to the

introduction of a Great Lakes Protection Act. • The Province introduced the Great Lakes Protection Act (draft) as Bill 100 on June 6,

2012 and also released a draft Ontario Great Lakes Strategy. • Reviews of the draft Act and Strategy identify a number of areas in the proposed

legislation which may require future actions to be undertaken by municipalities. • Enabling provisions in the proposed legislation permit the development and

implementation of geographically-focused initiatives, which could target stressed areas and priority issues, and may require Planning Act and Condominium Act conformity.

• The Ontario Great Lakes Strategy was approved, however Bill 100 was withdrawn and then reintroduced as Bill 6 and is now being discussed in the Legislature.

DISCUSSION

1. Background

In the Throne Speech on November 22, 2011, the Provincial government committed to follow through on its goal to become the continent's water innovation leader by 2015 and work with environmental experts and community groups to develop and introduce a Great Lakes Protection Act ("Act"). This proposed Great Lakes Protection Act (draft) Bill 100 was introduced into the legislature on June 6, 2012 along with a draft Ontario Great Lakes Strategy. Both of these were posted on the Environmental Bill of Rights Registry (EBR) on June 6, 2012 with a comment deadline date of August 7, 2012. Region of Peel staff provided initial comments to the Ministry of Environment dated August 13, 2012, a copy of that correspondence is attached as Appendix I.

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October 28, 2013

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THE PROPOSED GREAT LAKES PROTECTION ACT AND ONTARIO GREAT LAKES STRATEGY

Bill 100 died on the order table when the legislature was prorogued in October 2012. In February 2013, the Ontario government re-introduced the Great Lakes Protection Act, as Bill 6. Minor changes were made to the original Bill 100 to align the proposed Act with Ontario's Great Lakes Strategy which was released in December 2012 and to correct minor legislative drafting errors. Bill 6 has completed second reading and referred it to the Standing Committee on Regulations and Private Bills.

The Ontario Great Lakes Strategy was not affected by the prorogation of the Legislature and was officially released on Monday, December 17, 2012 as the Province's official policy document on the Great Lakes.

2. The Great Lakes Protection Act (draft) Bill 6

The purposes of the proposed Great Lakes Protection Act are to protect and restore the ecological health of the Great Lakes-St. Lawrence Basin and to create opportunities for individuals and communities to become involved in the protection and restoration of the ecological health of the Great Lakes-St. Lawrence River basin.

a) Contextual Framework for Development of the Proposed Great Lakes Protection Act The development of the Act has been influenced by historical concerns surrounding the declining state of the Great Lakes, population pressures, international agreements between the United States and Canada such as the Great Lakes Water Quality Agreement (GLWQA) and the Provisions of the Agreements between the Province and the Federal government as negotiated in the Canada Ontario Agreement (COA). In addition, there have been a number of public engagement sessions which have highlighted the need to build on existing protections and partnerships, address concerns around cumulative impacts, and the need for good science to make good decisions in order to achieve the following:

• Protect shorelines, coastal areas and improve beaches • Protect Great Lakes wetlands • Improve sewage treatment and stormwater management • Control run-off from all sources • Address nearshore algae problem

b) Elements of the Proposed Great Lakes Protection Act and Staff Comment The proposed Act if passed would provide additional protective measures to address Great Lakes priority issues and areas and would also result in the establishment of a:

i) Great Lakes Guardians' Council as a forum to improve collaboration. The Council would be comprised of other Great Lakes Ministers, representatives from municipalities, First Nation and Metis communities, environmental organizations, scientific community and the industrial, agricultural, recreational and tourism sectors and other interests. The Council would help improve coordination around the Great Lakes by encouraging stakeholder involvement, partnerships and more collaborative actions.

Staff is unclear how municipal representation on the Council would be reflective of differing interests such as those along the St. Lawrence River as opposed to those located adjacent to the Great Lakes.

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October 28, 2013 THE PROPOSED GREAT LAKES PROTECTION ACT AND ONTARIO GREAT LAKES STRATEGY

ii) Ontario Great Lakes Strategy to be maintained by the Ministry of Environment which will review the strategy before December 17, 2018 and before every sixth anniversary thereafter.

Staff supports the Province's decision to develop a strategy for the Great Lakes to better organize provincial, municipal and community initiatives in protecting the Great Lakes.

Since the strategy has been already approved it is anticipated that, where appropriate, municipal interests and concerns would continue to be factored into any future review of the strategy.

iii) Authority to set Great Lakes Targets is necessary for one or more purposes of the proposed Act. The Minister of the Environment may, after consulting with the other Great Lakes Ministers, establish qualitative or quantitative targets relating to the Great Lakes-St. Lawrence River Basin. The Minister of the Environment may direct public bodies to provide information or otherwise support development of targets.

Staff has noted that the nature of the support that could be sought by the Ministry of the Environment from other public bodies (including municipalities and conservation authorities) is not explicitly set out in the proposed Act.

iv) Geographically Focused Initiatives (GFI) The Act gives the Authority, following local discussions to take targeted action in specific areas through Geographically-Focused Initiatives (GFI) which would target stressed areas and priority issues. These GFI would achieve one or more purposes of the Act within the geographic area of the Great Lakes - St. Lawrence River Basin. The draft Act does not identify specific geographies for GFI as the GFI would be developed to address issues at different scales (e.g. shoreline, watershed). The GFI could be developed by the Province or another public body (such as a municipality or conservation authority) through a collaborative process. The Minister of the Environment would have the authority to direct a public body to develop a proposal for a GFI and to approve the GFI once it has been proposed. If completed, the initiatives would include legally enforceable policies and recommendations.

Authority is given to develop shoreline protection regulations in areas to which a GFI apply for activities such as site alteration, vegetation protection, and spread of invasive species that may adversely affect the ecological health of the Great Lakes­St. Lawrence River Basin. It would also contain enforcement and penalty provisions similar to what is contained in the Lake Simcoe Protection Act, 2008. This authority can also designate a public body as the enforcement body.

Regional staff has commented that in areas where there are Conservation Authorities the power to develop shoreline protection regulations may be a duplication of powers that the Conservation Authorities already possess.

Official Plans and other decisions under the Planning Act or the Condominium Act, 1998 must conform with designated policies in a GFI and must have regard to other polices set out in an Initiative. These policies would prevail in the case of conflict between a designated policy set out in the Initiative and an official plan, zoning by­law, or policy statement under the Planning Act. Municipalities and municipal

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planning authorities that have jurisdiction in the Great Lakes-St. Lawrence Basin must amend their official plans to conform with designated policies set out in an initiative.

The proposed Act does not provide enough detail to allow municipalities to understand the full implications of future GFI policies which can impact landuse and infrastructure development. It is also not clear as to the resources that would be made available for implementation. As the sources of Great Lakes water quality issues are often widespread (e.g. phosphorus/algae), local GFis would not adequately respond to some issues. Regional staff commented to the MOE that the Greater Toronto Area (GTA) is already well covered by a number of geographic specific provincial plans.

In principle, staff is supportive of the tenets and intent of the legislation to protect and improve the Great Lakes. Currently, ninety seven per cent of the Region's population obtains its drinking water from Lake Ontario and therefore any additional protection provided through the Act would be beneficial in protecting that source.

3. Ontario Great Lakes Strategy

The Strategy describes a Vision, Goals, Principles and Actions. Ontario's vision is one of healthy Great Lakes for a stronger Ontario - Great Lakes that are drinkable, swimmable and fishable. To achieve this vision, the Province will protect and restore the ecological health of the Great Lakes and St. Lawrence River Basin through six Great Lakes Goals:

i) Engaging and empowering communities ii) Protecting water for human and ecological health iii) Improving wetlands, beaches and coastal areas iv) Protecting habitats and species v) Enhancing understanding and adaptation, and vi) Ensuring environmentally sustainable economic opportunities and

innovation

The Ontario Great Lakes strategy builds on engagement with a wide variety of Great Lakes experts, First Nations and Metis communities and Great Lakes stakeholders, and on the feedback received since the release of Ontario's Draft Great Lakes Strategy in June 2012, and on the 2009 discussion paper, "Healthy Great Lakes, Strong Ontario."

In addition to discussing what has been done to protect the Great Lakes in the past, the strategy also supports science to guide Great Lakes work and addresses the need for Climate Change adaptation. Specific feedback from the public suggest that priority should be given to protecting shorelines, beaches and wetlands, reduce the impact of sewage and runoff, tackle algae problems and provide opportunities for communities to be more proactive. The latter possibility is supported through the establishment of a Great Lakes Guardian Community Fund.

The Great Lakes Guardian Community Fund was initiated in July 2012 with $1 .5 million and will provide grants up to $25,000 per project and provide support to projects in each of the five major watersheds surrounding the Great Lakes and the St. Lawrence River Basin in Ontario Grant applications were to be submitted by October 12, 2012 and all projects funded were to be completed by February 3, 2014

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October 28, 2013 THE PROPOSED GREAT LAKES PROTECTION ACT AND ONTARIO GREAT LAKES STRATEGY

CONCLUSION

The Regional Municipality of Peel has long recognized its role in contributing to Lake Ontario protection and has consistently demonstrated leadership through municipal landuse planning, implementing advanced wastewater treatment, stormwater management, development and enforcement of the sewer-use by-Jaw, and providing funding to conservation authorities for watershed planning. The Region has lead the Lake Ontario Collaborative Research Program in which $4,000,000 has been used, primarily through Provincial grants to better understand current issues including Source Water Protection, and other municipal operational practices such as snow removal and road salt application. Regional Council has recently directed staff to join the Great Lakes and St. Lawrence Cities Initiative as a reflection of our ongoing commitment to protecting the Great Lakes.

Regional staff support the development of a broadly based strategy for the Great Lakes that would provide the framework to better coordinate federal, provincial, and municipal government initiatives as well as Aboriginal and local communities and other organizations with respect to protecting the Great Lakes and the St. Lawrence River Basin.

Staff will continue to monitor the progress of the Bill through the Legislature and its implementation if it is passed into law and will update Regional Council as necessary.

Norma Trim Chief Financial Officer and Commissioner of Corporate Services

Approved for Submission:

D. Szwarc, Chief Administrative Officer

Dan Labrecque Commissioner of Pu

For further information regarding this report, please contact Arvin Prasad, Director of Integrated Planning at extension 4251 or via email at arvin.prasad@peelregion.ca

Authored By: Jane Bonsteel and Learie Miller

c. legislative Services

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Appendix I October 28, 2013 The Proposed Great Lakes Protection Act and Ontario Great Lakes Strategy

f Region cf Peel Wo~rkiMq foJr. qott

Tile Region of Peel is the proud recipient of tire Natiomrf Quality Institute Order of Excellence, Quality; the National Q11ality Instit11te Canada Award of Excellence Gold Award,

Healthy Workplace; and a 2008 IPAC/Deloitte Public Sector Leadership Gold Award.

August 13,2012

Land and Water Policy Branch Integrated Environmental Policy Division Ministry of the Environment 135 St. Clair Avenue West, Floor 6 Toronto, ON M4V 1P5

Attention: Ms. Wendy Ren, Manager, Land Use Policy Attention: Ms. Carolyn O'Neill, Manager, Great Lakes Office

Dear Ms. Ren and Ms. O'Neill:

VIA FACSIMILE

416~326~0461

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Re: EBR Registry Number 011-6461- Great Lakes Protection Act EBR Registry Number 011-6418 - Ontario's Great Lakes Strategy

These comments are provided by staff of the Regional Municipality of Peel. Additional comments may be provided at a later date upon further consideration by Council. Peel staff have reviewed the proposed Great'Lakes Protection Act, 2012 ("proposed Act") and Ontario's Draft Great Lakes Strategy ("draft Strategy") and appreciate the opportunity to provide feedback to the Province on this imp01iant initiative.

Peel is Committed to Protection of Lake Ontario

Peel Region has consistently demonstrated leadership in Lake Ontario protection. Examples of this leadership include chairing the Lake Ontario Collaborative for Source Water Protection, initiating (as a co-proponent) the Lakeview Waterfront Connection project which is currently undergoing an environmental assessment, on-going state-of­the-art improvements to wastewater treatment facilities, development and enforcement of the sewer-use by~law, providing funding to conservation authorities for watershed planning, programs and monitoring to improve watershed health, and development and implementation of successful water efficiency programs.

Point and non-point sources throughout the watershed including rural and urban nm-off, are considered the primary source of pollutants into the Great Lakes nearshore area. It is clearly recognized in Peel Region that it is at the municipal level that the greatest impact can be made on these forms of pollution through initiatives previously mentioned, as well as through municipal land use planning, stormwater management, and other municipal operational practices such as snow removal and road salt application.

Public Works 10 Peel Centre Dr., Suite A, Brampton, ON l6T 489 Tel: 905-791-7800 www.peelregion.ca

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Regional staff commends the Ministry's eftort to protect and restore the Great Lakes- St. Lawrence River Basin and welcomes opportunities to further engage and partner with the Province to improve the ecological health of the Basin. It is particularly encouraging to see the development of a broad strategy for the Great Lakes, which provides a framework to coordinate federal, provincial and municipal government initiatives, local communities and other organizations.

Planning Implications

Implementatioll oftlte Enabling Provisions in the Act Requires Careful Consideration

The enabling provisions in Parts V and VI of the Act to develop initiatives and policies that would require municipal official plans, decisions, actions and advice to conform with designated policies and have regard for other policies have potentially broad implications for municipalities. Unless initiatives are very well coordinated in the GTA, where there is already a complex layer of provincial policy and provincial plan direction, there is a significant potential that additional policy requirements could conflict with other planning objectives or increasingly add complexity, duplication and overlap. .

Regional staff cautions the Province to carefuJly consider where and how geographically­focused initiatives are developed, and to first consider the adequacy of existing policy tools and plans before developing new initiatives that could overly complicate implementation. For example, the Provincial Policy Statement currently provides province-wide direction for the protection, restoration and enhancement of natural heritage and water resources. If pursuing new initiatives, we strongly encourage the Province to develop and improve consistency and clarity within existing plans and polices frrst and to ensure new policy is consistent or coordinated with existing direction. Regional staff requests the Province to fully engage municipalities when making decisions to select public bodies to develop initiatives.

Development of Geographically-Focused Initiatives

Municipalities must be engaged in setting out development processes for Geographically­Focused Initiatives (GFis). The proposed Act does not provide enough detail to allow municipalities to understand the full implications of the GFis. The definition is fairly vague and does not clarify what kinds of 'initiatives' can be expected from this provision. The development of GFis should not be based on the process used to develop the Terms of Reference for the Source Water Protection Committees, as this process proved to be overly time-consuming and complex.

Implementing Geographically-Focused Initiatives

Further cladfication is needed on who will be responsible for implementing initiatives, and what supports will be available to them. Municipalities carmot be required to implement policies and conform to policies detailed in geographically-focused initiative that are operationally unattainable or where the costs (fmancial, environmental or social) outweigh the benefits. As GFis under Schedules 1 and 2 have legal effect, municipalities

Public Works

10 Peel Centre Dr., Suite A. Brampton, ON l6T 489 Tel: 905·791-7800 www.peelregfon.ca

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need to understand the long-term implications of such initiatives. Municipalities must be engaged in developing a practical approach to implementation of GFis.

Source Control Rather Than End-of-Pipe Control

Control of contaminants and nutrients, including phosphorus, must be focused on the source, rather than on treatment at the point of discharge into the environment. Wastewater treatment plants are often miss-identified as the 'source of pollution'. Control of ingredients in consumer, commercial and agricultural products must be considered. Point and non-point sources throughout the watershed must also be considered and innovative approaches such as offset or water quality trading programs that could allow for greater benefit at lower costs should be considered.

Drinking Water

Although the Great Lakes provide drinking water to the vast majority of Ontarians, the Act contains few references to drinking water. At one briefing session, MOE staff suggested that 'ecological health' includes public health which therefore includes drinking water. This link should be more clearly defmed.

The protection of drinking water sources and how the Great Lakes Act will mesh with the Clean Water Act and Source Protection Plans needs to be more fully explained. The science-based work done under the Lake Ontario Collaborative to Protect Drinking Water has identified research and monitoring gaps for the crucial near shore area of Lake Ontario which is the source of drinking water for millions of people. As these activities are outside of the scope of the Clean Water Act, will the Great Lakes Protection Act address these vital initiatives?

Likewise, co-ordination of the Great Lakes Protection Act with the Water Opportunities Act needs to be clarified.

Great Lakes Guardians' Council

While there is the potential to have representation on the Guardians' Council from municipalities located in whole or part in the Great Lakes StLawrence Basin, it is unclear how this representation would be reflective of varied municipal interests. For example, it is possible that interests and priorities may differ between municipalities along the St Lawrence River, as opposed to those around the Great Lakes, or between upper tier and lower tier municipalities.

Funding and Resources

It is important that there be an adequate level of funding allocated to provide support for this Strategy. While activities under the Clean Water Act, such as conducting technical studies, writing assessment reports and writing source protection plans, were funded by the Province, costs to municipalities for implementation of the Source Protection Plans will be significant. Public bodies required to monitor a target and/or implement a

Public Works 10 Peel Centre Dr., Suite A, Brampton, ON l6T 489 Tel: 905-791-7800 www.peelreg[on.ca

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geographically-focused initiative must be supported for successful implementation ofthe proposed Act and draft Strategy.

Summary

The goal of"empowering communities" with a focus on reconnecting people to the Great Lakes and providing opportunities to enjoy, benefit from and protect the Great Lakes will help communities appreciate the value of water. Locally-based community projects to promote restoration, recreation and stewardship of the watersheds will allow municipalities to partner with local non·govemmental organizations to promote water programs and share messaging around the value of water with the community.

It is essential that the Province work directly with municipalities to protect the Great Lakes. Municipalities have considerable interdisciplinary experience related to policy development and operational implementation of programs. The lessons from Lake Simcoe, Oak Ridges Moraine, Greenbelt and Source Water Protection tell us that as water protection moves onto the land, municipal authority and resources become increasing relevant.

We trust these comments are of assistance to the Province. Staff fi:om Peel Region look fmward to working with the Province and its partners in fm1her developing and implementing the Great Lakes Protection Act, 2012 and Ontario's Draft Great Lakes Strategy and would be pleased to discuss any issues that arise :fi:om these comments. Staff contacts are: Jane Bonsteel, Water Treatment Specialist (905-791-7800 ext. 5232 or jane.bonsteel@peelregion.ca) and Mark Head, Manager, Research & Analysis, Integrated Planning (905-791-7800 ext 4354 or mark.head@peelregion.ca).

Sincerely,

Mark Schiller Director, Water Division

cc: Jane Bonsteel, Water Treatment Specialist, Region of Peel Mark Head, Manager, Research & Analysis, Region of Peel

Public Works 10 Peel Centre Dr., Suite A. Brampton, ON l6T 489 Tel: 905-791· 7800 www.peelregion.ca