Pembina Institute Releases Study on Ontario Drinking Water Protection Options

Oct. 15, 2001

OTTAWA — The Pembina Institute today released a major study comparing options for the future protection of drinking water in Ontario. The report, prepared for the Walkerton Inquiry, examines five alternatives to the current arrangements for protecting drinking water:

the transfer of drinking water protection responsibilities from the Ministry of the Environment to a special purpose agency;
the devolution of responsibility for drinking water protection to municipalities and private communal system owners;
the establishment of an independent regulatory commission mandated to protect drinking water;
the transfer of responsibility to a delegated administrative authority along the lines of the Technical Standards and Safety Authority (TSSA); and
improved direct delivery by the Ministry of the Environment.
The study concludes that the best option is for the Ontario Government to strengthen the mandate and authority of the Ministry of the Environment to protect drinking water and its sources. This was found to be the most effective mechanism for dealing with the key problems of the fragmentation of mandates and responsibilities for drinking and source water protection.

The report finds, on the basis of experience in Ontario and in other jurisdictions around the world, that none of the other options examined would better protect drinking water, and that many raise serious questions of effectiveness, costs and legal and political accountability.

At the same time, the report states that expanded and strengthened drinking water mandates for the Ministry of the Environment and local agencies would be meaningless unless the provincial government provides them with adequate resources to carry out their responsibilities.

The problems flowing from the lack of appropriate provincial support, oversight and reporting structures following the 1998 devolution of responsibility for the regulation of septic systems to local authorities are also highlighted. The Ontario Clean Water Agency is noted as a good example of the use of the special purpose agency model.

"Significant improvements in the protection of Ontario's drinking water can be achieved without the use of new institutional structures that challenge accepted constitutional, political, administrative and legal principles, would involve major transitional costs and risks, and are unlikely to produce better outcomes," said Dr. Mark Winfield, Director of the Institute's Environmental Governance Program and co-author of the report.

"Instead, provincial and local agencies need to be given clear legislative and policy mandates and direction to protect drinking and source waters. At the same time, an adequate and secure resource base should be allocated to support these responsibilities, and structures should be established for the regular and independent assessment and reporting to the public on the condition of Ontario's drinking and source waters," concluded Dr. Winfield.

The Pembina Institute's study is one of series of issue papers commissioned for Part II of the Walkerton Inquiry, which is mandated to develop recommendations on the future protection of drinking water in Ontario.

For more information contact:

Heidi Lasi
Media/Development Officer, Pembina Institute
Office: 613-235-6288 ext. 28
Email: heidil@pembina.org

Mark S. Winfield, Ph.D
Director, Environmental Governance
Office: 613-235-6288 ext. 25
Email: markw@pembina.org

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