Report to: General Committee Report
Date:
SUBJECT: Legal and Operational
Implications of the Walkerton Inquiry
Part II Report for the Town of
PREPARED BY:
Waterworks Operations & Maintenance Manager
RECOMMENDATION:
That the report
titled “Legal and Operational Implications of the Walkerton Inquiry Part II Report for the Town of
And that staff report back on the details of the Municipal Drinking Water Licensing Program implemented under the Safe Drinking Water Act;
And that staff
report back on the requirement to implement a Quality Management System
governing the operations of the
And that staff
schedule working sessions of Council to provide further information related to
the Municipal Drinking Water Licensing Program and the required Quality
Management System governing the operations of the
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Not applicable
PURPOSE:
The purpose of this report is to provide Council with a summary of the Acts and Regulations that were enacted by the provincial government since 2002 in order to implement the recommendations of the Walkerton Inquiry. The report indicates the roles and responsibilities for Council and staff as the Owners and Operating Authority for the water distribution system. The report summarizes the applicable legislation and indicates the legal and operational implications of the Acts and Regulations. Numerous new regulations and requirements have come into effect in the past year, and this report advises Council and staff of the changes and requirements.
BACKGROUND:
The Walkerton Inquiry Part II Report provides the recommendations made by Justice O’Connor in response to the deaths that occurred as a result of contamination of the municipal water supply in Walkerton. The tragedy in Walkerton was attributable in part to human negligence, and in part to the absence of a rigorous regulatory environment governing the provision of municipal drinking water in the province.
In the Part II Report, Justice O’Connor provided 93 specific recommendations aimed at establishing a multi-barrier approach that would reduce or eliminate the risk of contamination of drinking water. Following the finalization of the Part II Report in 2001, the province has been systematically developing and implementing the legislation and regulations that address the 93 recommendations.
The majority of the recommendations have now been implemented or timelines for implementation have been established. The key pieces of legislation that have been created or amended are as follows:
· Ontario Water Resources Act (amended)
· Safe Drinking Water Act
· Sustainable Water & Sewer Systems Act
· Nutrient Management Act
· Clean Water Act
These Acts and
Regulations have created a profound change in the legal responsibilities of
Council in their role as the Owner of the water distribution system. There have
also been significant impacts on the operation of the
OPTIONS/ DISCUSSION:
A presentation has been prepared for Council and senior management to summarize the main legal and operational implications resulting from the numerous Acts and Regulations that have come into effect implementing the 93 recommendations of the Walkerton Inquiry Part II Report.
Staff are preparing a similar presentation and report on the details of the Municipal Drinking Water Licensing Program implemented under the Safe Drinking Water Act. The Municipal Drinking Water Licensing Program is central to the complete implementation of Justice O’Connor’s recommendations leading to safe drinking water in the province.
The Quality Management System will provide the mechanism to ensure that Council and senior management are fully informed of the operations of water distribution system. The QMS will also ensure that the needs of the water distribution system with respect to management, operation, maintenance, and rehabilitation are communicated to senior management and Council. This will assist Council to fulfill their duties and obligations under the Safe Drinking Water Act in particular the “Standard of Care” provisions in Section 19 of the Act. Staff are preparing a detailed presentation and report on the requirements of the Quality Management System (QMS) and the implementation plan in order to meet the deadlines set by the Ministry of the Environment.
Staff will be
providing a series of reports over the next year that will provide regular
updates on the implementation of the QMS and seeking approval from Council for
those elements of the QMS and the Licensing Program requiring authorization or
endorsement of the Owner of the drinking water system. Staff will schedule
working sessions of Council and Committee, if requested, to provide further
information related to the Municipal Drinking Water Licensing Program and the
required Quality Management System governing the operations of the
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
Staff will be reporting back on any financial considerations or requirements resulting from the recent legislative changes and requirements.
ENVIRONMENTAL CONSIDERATIONS:
Not Applicable
ACCESSIBILITY CONSIDERATIONS:
Not Applicable
ENGAGE 21ST CONSIDERATIONS:
Not Applicable
BUSINESS UNITS CONSULTED AND AFFECTED:
Waterworks staff prepared this report and attached presentation with staff from the Legal Services Department and the Town Solicitor
RECOMMENDED
BY: ________________________ ________________________
Jerry Klaus Peter Loukes, P.Eng.
General Manager, Waterworks Director of Operations
ATTACHMENTS:
Attachment ‘A’ Presentation to Council – Legal & Operational Implications of the Walkerton Part II Report
Q:\Commission
Share\Operations and Asset Management\Reports\2007\Waterworks\Legal and
Operational Implications of the Walkerton Part II Report.doc