Minister Dombrowsky paves the way.
(written by Donald Boyle December 2003)

Bravo to Leona Dombrowsky Ontario’s new Minister of the Environment.

With a single announcement she has demonstrated a grasp of the provincial scope and implications of the struggle that has been waged by citizens from the Tay Watershed Community over the last three years. This has been a local fight, which illuminates the larger provincial issue. The objective was not only the prevention of a water grab by a huge transnational corporation. It was also about upholding the public participation dimension recognized in the Environmental Bill of Rights. As well, it developed strong arguments urging the Ministry to cease its practice of issuing permits on a first comes, first serve basis, in the absence of a watershed budget.

This has not been merely a debate about the incremental effects of water taking by a single corporation, which are difficult to assess in a limited time frame. It has been about the numerous unbudgeted takings by known as well as unknown takers and the unforeseen cumulative effects over a prolonged time period.

By implementing a one year Provincial moratorium on the issuance and expansion of permits to take consumptive water, the Minister has begun the process of making good on one of her Party’s election promises. She is paving the way for a broad public policy measure with a potential for strong positive consequences. The White Paper, which she will produce in February, will be a unique opportunity for public consultation about the inclusion of reforms to tighten the controls on the consumptive use of water in her contemplated legislation on source water protection. Mr. Justice O’Connor of the Walkerton Commission, and Mr. Gordon Miller, the Province’s Environmental Commissioner have both called for such measures.

Of course, the public will soon be treated to a well-orchestrated chorus of hoots and howls. These will rise to a crescendo of opposition from the vested interest cartel of takers of consumptive water. It is not to be expected that these industries will easily wave their free access to this valuable public resource. After all, access to free water is often the basis for their lucrative business. But now the public owners of this valuable asset have an opportunity to make their voices heard. However they must first insist that the consultative process include not only expert academic opinion and selfserving private interests, but also a strong representation from the broader community. Only in this way will the larger public interest be served.

The Liberal Party’s newly announced policy of charging royalties for the large-scale consumptive use of water brings up some additional issues. We need to prevent the commodification of water and disallow its offering for sale at a price set by the principles of supply and demand. We need to avoid the undesirable consequences of giving easy access to our precious resource to the highest corporate bidders. We also need to protect it from transnational corporations who would demand equal rights under the national treatment provisions in chapter 11 of the North American Free Trade Agreement.

One solution could be the creation of a surcharge on capital gains taxes arising directly from profits made from the commercial or industrial exploitation of ground and river water takings authorized under the auspices of Provincial permits. These would have been approved and issued only after the adoption of a watershed budget designed to sustain the community’s current quality of life and to provide for the future needs of its growth and development. A portion of this surcharge could be remitted to the Municipalities located in the watershed as a compensation for the corporate use of this precious natural resource and in recognition of their public stewardship role.

These issues are so complex, critical and controversial as to disallow a complacent public the luxury of vacating the consultative space to a phalanx of corporate lawyers,technical advisors, public relations specialists, and political lobbyists; all in the pay of the Industry.

Don Boyle

RR#3,Perth, Ontario

613 267 2982

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