2
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

3

4

5
•
•
•
•
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

6
The Clean Water Act was proclaimed into force on July 3 rd , 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.

7

8
Source Protection Committee
• multi-stakeholder committee to carry out localised decision making to protect drinking water sources
• First Nations may be represented on
SPCs
Municipal
Other:
Environment
Health / Public
Agricultural,
Commercial /
Industrial /
Small Business
Source Protection Authority
• appoints the source protection committee
• provides administrative and technical support to the committee

9
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 Well
WHPA Line
Waterbody
I.V.
Low
Medium
High
Vulnerability Score
2 = Low
4
6
8
10 = High
• WHPAs are divided into areas based on Intrinsic Vulnerability (I.V.).
WHPA-C1 - 10 yr TOT
WHPA-A - 100m
WHPA-B - 2 yr TOT
WHPA-C - 5 yr TOT
WHPA-D - 25 yr TOT
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
10

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
11

Municipal Well
WHPA Line
Waterbody
I.V.
Low
Medium
High
Vulnerability Score
2 = Low
4
6
8
10 = High
• WHPAs are divided into areas based on Intrinsic Vulnerability (I.V.).
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
L
M
H
- 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
Zone A - 100m
Zone B - 2 yr TOT
Zone C - 5 yr TOT
Zone D - 25 yr TOT
12

Intake Protection
Zones
Type C Intakes:
Rivers
14

16
• 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.

17
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.

18

19
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).

Ausable Bayfield Maitland
Valley
Lake Erie
Lakehead
Mattagami Region
Sudbury
SPC First Nation within SPA
 None
 Six Nations of the Grand River
 Mississaugas of New Credit
 Fort William First Nation
 Mattagami First Nation
 Whitefish Lake First Nation
 Wahnapitei
North Bay – Mattawa
Quinte
Raisin-South Nation
Saugeen, Grey Sauble,
Northern Bruce Peninsula
 Nipissing First Nation
 Mohawks of the Bay of Quinte
 Mohawks of Akwesasne
 Chippewas of Nawash
 Saugeen First Nation
Sault Ste. Marie Region
South Georgian Bay-Lake
Simcoe
Thames-Sydenham and
Region
Trent Conservation
Coalition
 Batchewana First Nation
 Garden River First Nation
 Beausoleil First Nation
 Chippewas of Georgina Island
 Chippewas of Mnjikaning (Rama) First
Nation
 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
 Alderville First Nation
 Curve Lake First Nation
 Hiawatha First Nation
 Mississauga's of Scugog Island First Nation
Seats
0
3
1
1
1
3
3
1
2
2
2
1
3
 None 0
Seats
Occupied
0
3
0
1
2
First Nation Occupying Seats
Kettle and Stony Point First Nation (1) as non-voting member
Six Nations (2)
Mississaugas of New Credit (1)
N/A
Mattagami First Nation
Whitefish Lake (1) Both are nonvoting members
Wahnapitei (1)
0
2
1
0
Mohawks of the Bay of Quinte (2)
Algonquins of Pikwakanagan (1) in agreement with
Akwesasne.
0
1
3
3
0
Rama First Nation (1)
Walpole Island (1)
Moravian of the Thames (1)
Chippewas of the Thames First Nation (1)
Curve Lake (1)
Alderville (1)
Hiawatha (1)
Algonquins of Ontario representative sits at the table as a voting member representing the public.

21
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.

22
•
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.

23
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.

24
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

25
•
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.

26
•
•
•
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.

27
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.

28
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/

29