Water Discussion – Native Council of PEI

On the afternoon of February 25, 2018 the Native Council of PEI directors invited me to their quarterly meeting to discuss various issues surrounding water on PEI in my role as official opposition critic for Communities, Land & Environment.

We discussed several topics.  Below is a short summary including links to various resources that we referenced in the meeting.

Water Act

• Water Act Amended (PDF) – final version passed in Fall 2018 sitting
• Water Act Originally Table Version (PDF) – with highlights of changes made after public consultations ended
• We discussed the some of the strengths and weaknesses of the Water Act.
• This included the ability for the Minister to override many portions of it;
• The heavy reliance on regulations (which can be changed without debate on the floor of the legislature);
• The lack of definition and reference to terms like “precautionary principle”, “intergenerational equity”;
• The lack of focus on conservation of water, including
  • a loose definition of “domestic purpose” that has the catchall phrase “other basic household requirements”,
  • a definition for “sewage”, but no definition for “grey water”
• The approach of the Water Act is to measure and monitor groundwater and allow usage for industrial, municipal and agricultural purposes, relying on vigilance to protect;
• The amendment to the hydraulic fracturing section of the Water Act to remove the ability of the executive council to allow fracking if “may be in the public interest”;
• The specific reference to banning fracking only if it is “for the purpose of exploring for or obtaining any oil or natural gas”, and why this limitation would be specified;
• That I was the only non-government MLA that voted for the Water Act, despite it’s shortcomings.  I believe we need a Water Act in place as soon as possible to govern and protect our water, and we can work to improve it going forward.  It’s important we start developing regulations now.
• The desire to put together a package of amendments to the Water Act to continue to improve it.

High Capacity Wells

• PEI High Capacity Wells January 2017 (PDF) – list of high capacity wells, locations and details from January 2017
• Summary of High Capacity Wells – CBC Article April 12, 2017 – Province posts locations and use of PEI’s 288 high capacity wells
  • The province classifies the 288 high capacity wells in the following categories:
    • Municipal central supply (i.e. cities, towns): 87.
    • Aquaculture (i.e. fish plants, mussel farms): 62 (mostly salt water).
    • Industrial/commercial: 48.
    • Agricultural irrigation: 36.
    • Heat transfer, fire: 24.
    • Irrigation other (i.e. golf, soccer): 18.
    • Private central supply: 13.
  • High capacity wells are those that draw more than 50 imperial gallons per minute (igpm). That compares to a garden hose, for example, that typically draws 5-10 gallons a minute.
  • Low capacity ones include about 20,000 residential wells.
• Interactive map of PEI high capacity wells and wellfields
  • 
• We discussed if there is any legislation or regulations that differentiate between salt water and fresh water wells, and any potential negative impacts that might be associated with salt water wells specifically.  The new Water Act does not differentiate between salt water and fresh water high capacity wells.
• We discussed that the moratorium in place is for agricultural high capacity wells only.  NCPEI brought up that the real reason irrigation is needed is because of the depletion of the soil.  With less organic matter in the soil it cannot hold moisture as in the past and so requires irrigation.

Engagement

• NCPEI has stated that the PEI government has as duty to consult with the Native Council of PEI (NCPEI).
• NCPEI has a keen interest in giving input on water-related matters.
• NCPEI has met with the Coalition for the Protection of PEI Water.
• The Minister of Community, Lands and Environment has promised to have extensive public consultation to develop the regulations associated with the Water Act. (see page 11 of 72 from the December 12, 2017 hansard (PDF))
  • “Mr. MacKay: Thank you, Mr. Speaker. The Water Act itself is really an enabling piece of legislation, where most of the details and rules will be dealt with in the regulations. That’s where the meat of this law will be found.Question to the environment minister: Why wouldn’t the collaborative spirit used to develop the water act be continued with the development of the act’s all important regulations?

    Some Hon. Members: Hear, hear!

    Speaker: The hon. Minister of Communities, Land and Environment.

    Mr. Mitchell: Thank you very much, Mr. Speaker.

    Indeed the collaborative approach that we’ve used to develop the act will continue on as we build the regulations moving forward. We are so pleased with how the act came to be. Just last week in Nova Scotia, other NGO groups were asking the Nova Scotia government to use the same process that Prince Edward Island used for the Water Act. It’s a leading edge type of consultation as far as something of this nature in Canada, I’d say – in Atlantic Canada for certain. We are very proud of what it is there.

    We will continue to work collaboratively with all Islanders moving forward, as we go across the Island, once again, to build regulations.“

• I recommended that NCPEI be present and engaged in the Water Act Regulations development, partnering with the Coalition for the Protection of PEI Water and the Official Opposition as deemed fit.