Theresa McClenaghan
Executive Director and Counsel
Canadian Environmental Law Association
October 2011
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Founded in 1970 to use laws for protection of
the environment, and to advocate for
improvement of environmental law
An Ontario specialty legal aid clinic
Water sustainability is one of CELA`s core
priorities, especially focussed on water safety,
affordability, and security of supply while
ensuring ecosystem needs are not
compromised
www.cela.ca and see the Resource Library at
www.ecolawinfo.org
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Environmental Law Association
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Consultations were held between Minister of
Environment and stakeholders early 2010
Question was asked - What would it take to
have Ontario build on its considerable
expertise in water technologies
Conversation was initially very treatment
technology focussed, (building in part on the
capacity that developed in part in response to
Walkerton tragedy)
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Environmental Law Association
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Throne speech referenced need for innovators,
green jobs and technology, and announced that a
Water Opportunities Act would be introduced
A number of organizations (Polis, CELA, GLU,
Ecojustice) had been working across ministries
on advocating water conservation
recommendations as outlined in the H2Ontario
report by the Polis Water Sustainability Project
(author Carol Maas) published in 2009
We suggested: broaden the Act to provide for
conservation and look for the opportunities in
innovation in conservation as well
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Environmental Law Association
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Environmental Law Association
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Formed the Ontario Water Conservation
Alliance right after the Throne Speech
www.conserveourwater.ca
Pulled together large range of groups –
including representatives from low flow
appliance manufacturers, horticulture,
landscape, parks, conservation,
environmental, municipal, first nations, water
works industry, green industry, builders,
cottagers, women`s groups, water groups,
and green building organizations
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Environmental Law Association
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Environmental Law Association
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Setting meaningful targets and measuring performance
◦ Targets build momentum for improvement and accurate
performance measurements ensure we succeed. Accountability
can be maintained through mandatory monitoring and reporting
of targets.
Requiring conservation plans, establishing efficiency standards and
supporting green infrastructure
◦ Linking water conservation requirements explicitly to
infrastructure grants will ensure we do not repeat past mistakes.
In addition, land use planning, landscape design and building
decisions should incorporate innovative water conservation, leafy
green infrastructure and low impact development approaches.
Fostering market transformation and a culture of conservation
◦ The province should lead by example and ensure public sector
buildings, operations and facilities initiate and embrace
conservation plans and water efficient procurement policies. This
would feed into a broader social marketing strategy with the goal
of instilling a province-wide “ethic of water stewardship.”
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Environmental Law Association
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Environmental Law Association
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``The cost of pumping, distribution and treatment of
water and wastewater is a significant expense for
most Ontario municipalities. ``
``Powering pumps, treatment plants, hot water
heaters and boilers was found to represent 12% of
Ontario’s total demand for electricity and 40% of the
natural gas demand, which is comparable to other
major sectors in the Ontario economy, and
significantly more than the power produced by the
largest coal-fired plant in North America. This
suggests “water services” is an energy sector in its
own right.``
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Environmental Law Association
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Environmental Law Association
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``Research and innovation in green
infrastructure is a growth sector, providing ample
opportunities for green job creation and
technology development.``
``Require land use planning and building
decisions to incorporate innovative water
conservation, green infrastructure and lowimpact development approaches``
`` Include conservation and efficiency, and green
infrastructure in the funding and regulatory
definitions of infrastructure, thus allowing
infrastructure funding to be allocated for
protecting, expanding, monitoring and
maintaining green infrastructure``
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Environmental Law Association
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Reducing energy footprint of water sector
Innovative water solutions for remote, rural,
small and First Nations communities in
treatment, and conservation
Innovative green infrastructure solutions can
obviate need for expanding or building new
water treatment and supply systems
Building codes can be revised to recognize new,
innovative and cost effective solutions, including
green infrastructure
Cooperative conservation approaches to
agricultural water use
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Environmental Law Association
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Expanded the term “technologies and services”
to add “practices” in purposes and operational
sections (now reads `technologies, services and
practices``) (and in the TAP now reads
`technologies and services`` instead of just
``technologies``)
These additional terms are important in our view
for innovation in conservation, such as
innovation for accepted standards for design,
planning, and implementation across a range of
disciplines in building, landscaping, water
management
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Environmental Law Association
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Concern and confusion about the purposes of
the Act was expressed because of the
innovation and commercialization mandate
(which is for water technologies and
services)
Purpose was therefore amended with a new
subsection:
◦ ``For greater certainty, the purposes of this Act do
not include the privatization of publicly owned
water, wastewater and stormwater services``
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Environmental Law Association
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The Water Technology Acceleration Project –
(Water TAP)
For promotion of Ontario technology and services
As a forum for exchange of ideas for
commercialization, innovation, and to expand
business opportunities domestically and
internationally
If requested may develop certification and
verification programs
We are suggesting a diverse board; to ensure a
broad conception of what the innovation and
commercialization opportunities are
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Environmental Law Association
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Performance indicators and performance targets
may be set by the Minister
May relate to financing, operations, maintenance
or other matters
We will advocate for performance indicators and
targets related to conservation to be included
Amendment at third reading indicates that the
performance indicators and targets proposed will
be posted to the Environmental Bill of Rights
Registry
Performance targets may be different for
different municipal service providers or different
areas of the province
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Environmental Law Association
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Directions by Minister regarding performance
indicators and targets are not regulations
At the Minister`s direction, Municipalities are
to review and evaluate their achievement of
targets; the Minister may make these
evaluations public
If targets are not reached, Minister may ask
for evaluation of reasons and strategies to
reach the targets
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Environmental Law Association
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Conservation was included in provisions
dealing with procurement by public agencies
Requirements to consider efficient use of
water, and avoidance of negative effects on
water resources may be required
Regulations may be prescribed in this respect
Public agencies would consider
``technologies, services and practices in aid
of water efficiency``
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Environmental Law Association
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Act provides that requirements for
information to be provided in municipal water
bills may be prescribed
We will advocate that this should include
water conservation information
An example is comparison of water usage to
municipal or neighbourhood average
Information that promotes conservation and
efficiency would be important – for example
comparisons to a notional per capita
``target``
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Environmental Law Association
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Minister is to initiate a review of the Building
Code with reference to water conservation
standards, within six months of coming into
force, and then every five years thereafter
The Building Code Energy Advisory Council is
renamed the Building Code Conservation
Advisory Council and mandated to advise on
both energy and water conservation
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Environmental Law Association
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Water conservation was added to the list of
requirements that may be established for
government buildings, in addition to energy
conservation
Requirements may be specified for government
facilities ``relating to energy conservation,
energy efficiency, water conservation, the
adoption of renewable energy technologies, and
the adoption of technologies and services that
promote the efficient use of water and reduce
negative impacts on Ontario’s water resources.``
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Environmental Law Association
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Water efficiency labels and standards may be
prescribed for water use appliances
Particular marks may be enabled or
prescribed
Particular disclosure of information may be
prescribed
We have advocated, for example, an approach
like the U.S. EPA WaterSense label (akin to
EnergyStar) – see www.epa.gov and navigate
to the `WaterSense`` page.
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Environmental Law Association
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Environmental Law Association
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The groups endorsing H2Ontario, and the Alliance
members, have called for water infrastructure
grants to be linked to demonstrated conservation
initiatives
Premier referred to a `Blue Strings`` approach in a
speech June 17th at the Water Summit in
Mississauga, i.e. the idea that future infrastructure
grants may require that approaches that take
advantage of new technologies and water
conservation may be required
We will urge this approach – i.e. to require
conservation initiatives as a condition of
infrastructure funding at least in larger or growing
municipalities
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Environmental Law Association
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Municipal Water Sustainability Plans – input
on content to be specified in regulations
We will advocate following new and
innovative green infrastructure approaches to
stormwater as well as drinking water and
other wastewater
Building code modifications (enabled by the
Act) will be key – eg for use of rainwater, grey
water, other approaches
Soft path and green infrastructure
approaches can provide big savings
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Environmental Law Association
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Now that Bill 72 is passed, there are exciting
opportunities and much work to be done
Alliance members will be advocating for a
broad approach to realizing the many
opportunities for water innovation, especially
on conservation
We will provide input to the regulations,
directions, guidelines and other manuals
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Environmental Law Association
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The first regulation passed under the Act is
the Regulation to establish the Water
Technology Acceleration Partnership, a not
for profit corporation – Regulation 40/11,
passed in March 2011
Its initial members have now been appointed
by the Minister of Research and Innovation
As of April 2012, the Board members are to
elect their new members
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Environmental Law Association
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Once the Water TAP board is responsible to elect its
new members, the regulation directs that they are to
ensure the following representation on the Board to
carry out Water TAPs objects:
(a) an officer or employee of an academic institution;
(b) an officer or employee of a private sector
corporation engaged in,
◦ (i) developing and marketing water and wastewater
technologies or services, or
◦ (ii) raising capital for or financing the development of water
and wastewater technology sector;
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(c) an entrepreneur who owns or manages an
innovative small business in Ontario’s cleantechnology sector; and
(d) an officer or employee of a municipality.
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Environmental Law Association
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Minister should set the aspirational targets
under the Act for water conservation (with
consultation)
Minister should consult and set the nonregulatory performance targets and
performance indicators for municipalities
under the Act
MoE should begin or continue development of
the requirements for a range of sector based
conservation plans under the OWRA
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Environmental Law Association
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The Minister should Initiate a comprehensive
consultation process for content of the municipal
sustainability plans under the Act
Among the topics that we think the regulations
for sustainability plans should address, are the
following:
◦ Use common watershed health metrics to set targets and
performance indicators for municipalities in that
watershed; and encouraging cooperative solutions
among or between those municipalities;
◦ Provide strong regulations and guidance for municipal
water sustainability plans both as to financial plan
requirements, and as to content of the plans in areas
regarding water conservation and utilization of green
infrastructure and innovation
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Environmental Law Association
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Other content should include:
◦ Ensuring fully integrated municipal water systems
that optimize management of drinking water,
wastewater, and storm water;
◦ Using innovative approaches in infrastructure
planning – including for example, mechanisms to
utilize conservation, innovation and green
infrastructure to avoid higher capital costs
associated with infrastructure expansion; and
development of the “Blue Strings” approach to
require water conservation as an eligibility
condition for infrastructure financing.
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Environmental Law Association
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Ontario has made gains in water treatment
technology, and has shown leadership
regionally in the Great Lakes in terms of
water quantity protection in negotiating the
Great Lakes St. Lawrence Water Sustainability
Agreement
All sectors, government, conservation, public
interest, water industry, municipalities, and
water users have major opportunities and we
must build on the momentum created by the
Water Opportunities and Conservation Act
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Environmental Law Association
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Water Opportunities and Conservation
Alliance has been growing continually since
spring of 2009
50 diverse organizations at last count
A forum to bring perspectives together,
exchange ideas, and provide input on Bill 72
to government
Much work remains to be done
www.conserveourwater.ca to see the input
and submissions to date, and to join the
forum
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Environmental Law Association
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Environmental Law Association
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