[All] Waterloo Moraine Act: Time for another go

Thu Aug 15 06:17:47 EDT 2013

Hi folks

On August 15th, the feast of the Assumption. It's the Acadian Day of celebration and for some reason, little miracles always seem to happen on that day for me. This evening was no different.  As I was sleeping, I had an absolute feeling of certainty that now is the perfect time to begin a new EBR application to ask for a Waterloo Moraine Act again so I woke up at 2:30 am and wrote the initial plan on how to proceed with it.  It is below for your reference.

These are simply concepts I jotted down between 2:30 to 5:50. I'm sure that many folks could assist me this second time around in fleshing out the logic to support this concept but here is a rough framework of issues to justify the renewal of this concept below for your reference.

Nothing is written in stone. I am flexible on this. If I were to actually get support from the City and/or Region this time I would be willing to remove certain less flattering information from the scope of the application for re-assessment in good faith to allow for a joint venture on this to proceed amicably. Either way, since 2006, I've seen quite a bit more about how things work and I've got a heck of lot of evidence to strongly support the need for additional legislation to protect our moraine.  It's just a matter of gathering up all the data, packaging it up in a nice affidavit format with the EBR form and supporting docs and off it goes. 

If GREN is interested in being involved absolutely let me know. I'd love to have more folks on board to help with this.  I'm busy these days working at the Funkee Goose Cafe to help put my kid through Carlton University. The OMB ate up the college savings I set aside for her previously. Afternoons and evenings are taken up by job except for Wednesdays and weekends.  I'd better get back to bed. Gotta work later today. 

Thanks folks.

Lulu 
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Since the last EBR application; 

	* The Fisheries Act was amended in Bill C-38 to only protect fish that are currently used for commercial, recreational or Aboriginal purposes, and to severely reduce protection for fish habitat even for these fish species. 

	* The Canadian Environmental Assessment Act was replaced in Bill C-38 with CEAA, 2012, which eliminates thousands of Environmental Assessments, reduces public involvement and affects how environmental assessments are done on the ground. 

	* The National Energy Board Act was amended in Bill C-38 to allow the federal cabinet to override the National Energy Board’s recommendations with respect to oil pipeline approvals and to exempt the NEB from considering critical habitat of species at risk and many pipeline waterway crossings;

	* The Navigable Waters Protection Act was re-written as the Navigation Protection Act in Bill C-45; instead of protecting all navigable rivers, lakes and oceans the new Act only protects a relatively small number of water bodies that actually appear on a list.  What used to function as both navigation and environmental protection for tens of thousands of streams and lakes has been eliminated in favour of protecting only navigation on only a handful of water bodies 

Other issues and how they relate to our area, the Moraine and Grand River are as follows: 

1. Canada ignoring NAFTA obligations by eroding environmental laws to protect water systems to facilitate cheaper oil production in Canada, undermining the production costs of oil production in both the US and Mexico. Weakened laws enacted with the Omnibus bill, passed in November 2012, removed reaches of the Grand and Nith Rivers from the protection of the Navigable Water’s Act where Enbridge Line 9 currently crosses. As a result of the Omnibus Bill, no shut off valves are mandated along these water bodies with Enbridge Line 9 pipeline reversal in spite of the fact the pipes cross over the primary water supply of downstream communities of Brant, Brantford and Six Nations Territories. 

2. Growth targets established for Waterloo Region contravenes UN declaration on the Rights of Indigenous People because Waterloo Region’s growth targets, and the Enbridge Line 9 pipeline were not established with the consent or consultation of Indigenous Tribes who’s territory sits along both sides of the Grand River as noted in the Haldimand Tract Agreement. Urban growth has the potential to reduce water quality, water volumes, flow and flow rates while the oil pipelines pose potential contamination risks to their territorial lands. Should a Lake Erie pipeline offset water from Erie to provide for upstream communities, a concept proposed by the Region of Waterloo, the potential for flood with this excess water use poses a direct flood risk to Six Nations Territory as treated waste water flows downstream.

3. The current Source Water Protection Act model fails to protect natural recharge areas outside of wellhead zones. It fails to adequately protect natural hydrogeological features needed to maintain long term water flow, flow rates and water quality, water temperature and water volumes.

4. The MNR’s website states the following:

 Ontario is losing its important wetlands. Prior to European settlement, there were about two million hectares of wetlands in southern Ontario. Over 70% of these wetlands have been destroyed, and losses continue. In parts of southwestern Ontario, over 90% of the original wetlands are gone. These are among the highest recorded losses of wetlands anywhere on Earth.

Source: http://www.mnr.gov.on.ca/en/Business/Biodiversity/2ColumnSubPage/STDPROD_068977.html

The statement is evidence that the MNR is fully aware that the current laws enacted are currently insufficient at adequately protecting wetland features and the habitat of rare species in Southwest Ontario. The Province’s Fish and Wildlife Conservation Act, the Ontario Endangered Species Act as well as the Federal Species At Risk Act protects wetland species of Southwest Ontario including Jefferson Salamanders, Blanding’s Turtles, Acadian Flycatchers among others.  When these acts were passed, the government intended that critical habitat of species at risk would be protected by law — not by government discretion. Yet discretionary provisions appear to be underway currently with the widening of exceptions by Ontario Provincial policy ie: Environmental Registry notice, 011-7696 which essentially streamlines industry’s ability to seek kill permits or permits to destroy habitats. By the implementation of such exceptions it would allow decisions
 regarding critical habitat to be modified at the discretion of individual departments and bureaucrats, who are relying on discretionary provisions to protect critical habitat and this threatens to undermine the actual natural habitat needs for all rare species.  The fact remains, in a court of law, Ministerial discretion does not legally protect critical habitat within the meaning of section 58 of the Species at Risk Act therefore such acts can reasonably be deemed illegal. 

Case example: Citation: 2010 FC 1233 David Suzuki Foundation, Dogwood Initiative, Environmental Defence Canada, Greenpeace Canada, International Fund for Animal Welfare, Raincoast Conservation Society, Sierra Club of Canada and Western Canada Wilderness Committee vs. The Minister of Fisheries and Oceans and the Minister of the Environment.

Fiscal arguments will be supported by the following power points to illustrate the natural capital losses associated with threats to water resources in the Waterloo Moraine due to risks of sprawl, quarries and oil pipelines. 

-Farmlands at Risk power point (featuring Atrazine risks, Climate Change risks to moraines and economy)
-Economic Risks of Quarries in Waterloo Region (as presented at the Aggregate Resource Act committee)
-Presentation to National Energy Board re: Line 9 financial Risks to Waterloo Region’s economy
Brantford Economic Risks of Quarry Pits. (The costs to the folks downstream)

Shortfalls of the Oak Ridges Moraine Act will be represented by 
Sierra Clubs Report : Sprawl Hurts us All. 

Shortcomings of the OMB
Sierra Club Report: Sprawl Hurts us All
Personal Correspondence re: West Side Lands as sent to Ministry officials outlining conflicts of interest, lack of enforcement and compliance.

The Previous EBR Review’s Conclusion
http://www.ene.gov.on.ca/environment/en/resources/STDPROD_078190.html

Views of Environmental Commissioner Gord Miller re: Waterloo Moraine since EBR review:

http://www.ecoissues.ca/index.php/Pushing_for_Natural_Heritage_Planning_on_the_Waterloo_and_Paris-Galt_Moraines
http://www.ecoissues.ca/index.php/Land_Use_Planning_and_Protecting_Groundwater_Resources
http://www.ecoissues.ca/index.php/Living_sustainably_within_a_watershed,_or_Pushing_beyond_natural_limits%3F#The_Region_of_Waterloo

Shortfalls of the Oak Ridges Moraine Act will be represented by
Sierra Clubs Report : Sprawl Hurts us All 

Updated data re: Waterloo Moraine by the Canadian Geologic Survey as follows:

Waterloo Moraine
Contact: Hazen Russell (Leader)
Abstract:
The Waterloo Region has a population of 525,000 and during the past decade had annual growth of approximately 5 %. It is
designated under Ontario's Places-to-Grow policy. Groundwater is the principal source of potable water for the Waterloo Region.
Waterloo Moraine aquifers occur within a glacial aquifer system extending over a 400 km2 area and a sediment succession over
bedrock that is > 100 m thick. The principal source of potable water in the Region is from aquifers within the surfical sediment. The
aquifers are used not only for primary water supply but also as part of an artificial recharge and storage plan. Regional aquifers are
some of the most intensively exploited municipal aquifers in Canada. These aquifers have been extensively studied during the past
30 years by the private sector, municipal government, conservation authorities, and provincial agencies. There is no
comprehensive synthesises of the current understanding of the Waterloo aquifers.
The primary objective of this activity is a special publication on the hydrogeology of the Waterloo aquifers. A special volume will
highlight the importance of the groundwater resource to an urban community faced with the conflicting demands of economic growth
and environmental preservation. It will integrate science-based research on the Waterloo Moraine aquifer system into the broader
framework of societal issues, including policy, management and economic, and political dimensions. The volume will provide an
authoritative voice in the upcoming debate on a Great Lakes pipeline for Waterloo Region.
Objective
Publication of special issue in collaboration with The Water Institute at the University of Waterloo.
Results:
Synthesis volume on the hydrogeology of the Waterloo Moraine (2013)
Improved intergovernmental and University collaboration on groundwater knowledge Waterloo moraine as a case study of stratified
moraine aquifers in Canada
http://www.nrcan.gc.ca/earth-sciences/about/current-program/groundwater-geoscience/project-am2/4104#water

Also Include Waterloo Moraine Master's Thesis by
Lindsay Poulin
Tanya Markvart
Sarah Morgan

& include The Green Way Forward re: Integrated Natural heritage protection from Nature Conservancy of Canada
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