by Rick Coburn (Toronto Office) of Borden Ladner Gervais
LEGISLATION
On December 5, 2005, the Ontario Legislature gave first reading to Bill 43, the proposed Clean Water Act, 2005.The proposed legislation implements and expands upon certain recommendations of the Walkerton Inquiry, which investigated the tragic consequences of the contamination of the public water supply system in Walkerton, Ontario. The new legislation will put drinking water source protection at the forefront of planning and development activity in Ontario. The proposed Act creates new roles for conservation authorities and municipalities, with tools to implement these new roles. Traditionally, conservation authorities have exercised a relatively limited range of regulatory powers in relation to watercourses.While drinking water supply systems are regulated by the Safe Drinking Water Act, 2002, the purpose of the proposed legislation is to protect existing and future sources of drinking water. The legislation would identify the jurisdictional areas defined by the Ontario Conservation Authorities Act as “drinking water source protection areas”. Local conservation authorities would be required to establish committees to undertake watershed assessments and formulate source protection plans in consultation with the local municipalities. In unorganized territories, these functions will be fulfilled by the Province of Ontario and designated planning boards. More Info...
