Tay River Defence Fund Launched

Local citizens announce the formation of “The Tay River Defence Fund” to protect the Tay Watershed and its sources in Christy and Bob’s Lake.

According to the minutes of the Fund’s founding meeting held on May 1 2002:

“The purpose of the Fund is to be a repository of donated money, and by vote of its Board of Directors, to disburse this money in payment of costs incurred by individuals and organizations in opposing OMYA (Canada) Inc. appeals against the Ontario Environmental Review Tribunal decision, dated Feb 19, 2002 re its application to take water from the Tay River”.

The Board of Directors was named as follows, with the power to ad:

Don Boyle, Pike Lake, retired teacher.

Lynn Daniluk, Maberly, Editor, Greenspace Magazine.

Frank Roy, Perth, retired Engineer.

David Taylor, Glen Tay, Business Consultant.

Don Boyle was appointed Chair, and Frank Roy Secretary-Treasurer.

As examples of the payments envisaged by the Fund, the following criteria, listed in priority are listed in the minutes:

• 1) Retaining fees paid by respondents to engage the Canadian Environmental Law Association (CELA).
   
• 2) Disbursements by CELA in representing the respondents to the appeal.
   
• 3) Disbursements by individuals and organizations, as previously agreed by the Board, for public and logistical support of respondent activities, including, for example, charges for advertising and advocacy, photocopy charges, mileage at a rate set by the Board, and related office and material costs.
   
• 4) Any liabilities for costs to the respondents arising from court decision.
   
• 5) Other costs for items related to the purpose, which are deemed reasonable by the Board.

It is also specified that  “….neither the valuable personal time voluntarily contributed by citizens, nor the much appreciated contributions of the Council of Canadians will be subject to reimbursement….” and that  “ When in the opinion of the Board of Directors, there is no further need for maintaining this Fund, the Board shall wind up the affairs of the Fund, and any money remaining shall be donated to a Tay Watershed Project deemed appropriate by the Board.”

According to Board member David Taylor, “ This initiative is undertaken in response to numerous requests from members of this Watershed Community. They have asked for the establishment of a vehicle through which they can commit tangible support for the respondents in defending against OMYA’s appeals.”

Don Boyle explained that “ One worrisome aspect of the appeal to the Divisional Court is the Company’s request for costs. Although we have confidence that the Court will rule against the Appeal, this demand raises the possibility that Court costs could conceivably be levied against the Respondents.”

Frank Roy drew attention to the objective of the Fund as a vehicle for the receipt and disbursement of money, “ We welcome donations from individuals, organizations, and businesses. We will cooperate with fund- raisers, but it is not the purpose of the Fund to initiate and organize these activities. We call upon and encourage members of our Community to rise to this challenge.”

Donations may be made, preferably by check, to the Tay River Defense Fund, 83 Cockburn St., Perth, Ontario, K7H 2B7.

For further information, Don Boyle can be reached at 613-267- 2982, Frank Roy at 613-264- 8856.

Background info:

In February, 2002, the Environmental Review Tribunal issued a decision in the matter of OMYA’s water taking from the Tay River. This decision can be described as a reasonable compromise between the needs of an expanding industry and citizen concerns for the sustainability of a large, consumptive use of drinking-quality water. The decision gave OMYA the right to switch from ground water to surface water; to double the amount of water taken compared to its current permit; and to build an elaborate pumping station on the Tay River upstream from Perth.

What OMYA didn’t get was a guarantee for the larger amount asked for, i.e. a million gallons a day and a ten-year permit. The decision also contained certain conditions and principles beneficial to citizens. It made consideration of the Ministry’s Statement of Environmental Values mandatory in issuing water taking permits and that decisions must reflect an ecological approach. It required the Company to engage the services of a qualified environmental auditor. It attached conditions calling for transparency and verification of data collected by the Company under its obligation to monitor the effects of its water taking.  Most importantly, it recognized the community’s right to be informed of water taking decisions and assigned it a role in deciding how local water will be managed.

OMYA has appealed the decision to both the Divisional Court and the Minister of the Environment. It seeks to overturn the Environmental Review Tribunal’s decision which was made after a vigorous two-year process. OMYA asks for the largest amount of water immediately and for a ten year term. In the alternative, OMYA seeks that the original permit issued in August 2000 be re-instated.

 

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