Fall 1999 Drought conditions in eastern Ontario; Tay River reduced to a trickle.
February 2000 OMYA (Canada) Inc., applies to the Ministry of the Environment to build a pumping station on the Tay River and to take 4,500 cubic metres (4.5 million litres) of water per day from the river.
February 2000 The water taking application is posted on the Environmental Bill of Rights registry.
March 2000 Under the Environmental Bill of Rights, 283 people write to the Ministry about their concerns with the water taking.
August 2000 MOE grants a two-phase permit for 1,483 cubic metres per day immediately and 4,500 cubic metres per day after additional studies.
September 2000 Under the Environmental Bill of Rights, eight different parties appeal the permit on grounds of insufficient information and other grounds.
November 2000 The parties win the right to a full hearing with the Environmental Review Tribunal.
February - October 2001 The 35-day hearing is conducted in Perth between June and October 2001.
February 2002 The Environmental Review Tribunal renders a precautionary decision which allows OMYA to take the same amount of water that it had been granted in the first phase of the MOE permit. It extends the taking period from three to six years to allow more time to monitor and assess the environmental impact of the taking. OMYA may apply for a larger quantity by submitting a new application. In the 8 year history of the EBR, this is the first time citizens have been able to complete the process.
March 2002 OMYA appeals the Tribunal decision to both the Minister, on matters of fact and policy, and to the Divisional Court on matters of law.
April 2002 The Canadian Environmental Law Association (CELA) agrees to represent the citizens involved in the case.
May 2002 Tay River Defence Fund formed to raise funds for legal costs.
July 2002 Respondents ask the Minister to allow the appeal to the court to go before the Ministerial appeal in order to settle serious allegations about the Tribunal process. This request is supported by petitions from over 1200 residents, by watershed organizations including the Friends of the Tay Watershed, and by Councils of municipalities in the Tay and Rideau watersheds. Legal advisors for the Ministry of the Environment also recommend that the court appeal be heard first.
August 2002 Minister Stockwell decides to proceed with OMYA’s ministerial appeal prior to the court appeal.
September - December 2002 All parties make submissions to the Minister.
February 2003 The Minister overturns the Tribunal decision by issuing a permit for the taking of water from the Tay River ......at a rate of taking not to exceed 1,483 cubic metres per day prior to January 1, 2004 and a maximum of 4,500 cubic metres per day after that. This maximum taking is conditional upon the Company's demonstration of need to the satisfaction of the Director of Water Resources. ( Further public input is denied.)
February 2003 "Dalton McGinty, the Ontario Liberal leader, said [yesterday] he would reverse the Conservative government's decision to allow OMYA Canada, Inc. to triple the amount of water taken from the Tay River near Perth and ban similar water taking until there is scientific evidence to support it." Ottawa Citizen, February 18, 2003, Page D1.
April 2003 The Canadian Environmental Law Association (CELA) files application, on behalf of Miss Ann K. German, for a judicial review of the Stockwell Decision. Miss German, 85, is a property owner and seasonal resident on Bobs Lake, the major reservoir lake supplying the Tay River and Rideau Canal. She was one of the original appellants in the appeal of the Permit To Take Water granted to OMYA(Canada) Inc. in August 2000.
September 2003 OMYA pumping station activated after receiving environment ministry approval. Maximum pumping rate is 1483 cubic metres per day, prior to January 1, 2004.
October 2003 The Liberals replaced the Conservatives in the Ontario Provincial Election.
December 18 2003 Ms. Leona Dombrowski, the new Liberal Minister of the Environment for Ontario announces a one year moratorium on the issuance of new or expanded water-taking permits for uses that remove water from watersheds. The moratorium is now in force under Ontario Regulation 434/03, and is intended to provide the Government with time to review and improve its water-taking permit program under the Ontario Water Resources Act. OMYA holds first meeting to report on water taking from the Tay River as required in the Permit To Take Water.
January 16, 2004 The Director of the Ministry of Environment
cancelled the water-taking permit issued by former Minister Chris Stockwell to OMYA Canada Inc. In its place, the Director has issued a new permit that restricts the volume of water that may be taken by OMYA from the Tay River near Perth. The permit issued by Minister Stockwell had authorized the company to increase its water-taking up to 4,500 cubic metres per day from the Tay River. The new permit will instead limit OMYA's taking to 1,483 cubic metres of water per day and will be in place for six years (until 1 January, 2010).
February 11, 2004 OMYA holds its Annual Public Meeting to fulfill Condition 31 of the new permit. Along with the report on the water taking, company spokesmen:
1. acknowledge that original request for 4,500 cubic.metres .per day was to secure water supply well into the future. The 1,483 cubic meters per day permitted will not limit the productive capacity of their plant for some time into the future.
2. indicated the company's intention to withdraw its appeals to the original ERT decision.
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