Part 1B of the Walkerton Inquiry will examine the cause of the events in Walkerton "including the effect, if any, of government policies, procedures and practices". Hearings into Part 1B are scheduled to start March 5 and will last until July.

The following is the list of issues the Inquiry will examine in the hearings. It has been revised by the Inquiry since an earlier draft list was distributed to parties with standing early January. The revisions reflect comments and suggestions the Inquiry received from parties with standing, including OPSEU.

OPSEU posted the original list of issues on our website and distributed it to members for their comments. Below is the list as revised Feb. 1 by the Inquiry.

DRAFT
OUTLINE OF POTENTIAL ISSUES IN PART 1B

Section I
Certificates of Approval

1. Framework: history and nature of Certificate of Approval ("C of A") and Permit to Take Water processes (Ontario Water Resources Act , R..S.0. 1990, c.0.40)
    
2. Policy and practice/Changes in policy and practice: 1975-2000
1. Types of conditions attached to C of As.
2. Statistical summaries of C of As and conditions in province.
3. Changes to legislation, policies and procedures.
4. Water works design guidelines
    
3. Granting of C of As
1. Imposition of conditions
2. Factors considered for new sources of water
3. Consideration of land uses and buffer zones
    
4. Tracking and updating of C of As

(a) Provincial responses to internal and external comment

5. Use and dissemination of C of A information to local MOE staff, owner/operator of water works, and local Medical Officer of Health, and the public

 

Section II 
Water Quality Standards and Testing

1. Roles of MOE and Ministry of Health & Long Term Care (MOHLTC) laboratories: pre-1996
1. Funding, including shift to charging municipalities for testing services in 1994 and basis for such charges.
2. Testing for municipal communal water systems, including reporting of both satisfactory and adverse results.
3. Communication with local MOE offices and local Medical Officer of Health.
   
2. Drinking water quality standards
   1. Ontario Drinking Water Objectives ("ODWO's)
   2. Guidelines versus regulation
   3. Promulgation and revisions
   4. Roles of Ontario Drinking Water Co-ordinating Committee ("DWCC"), and federal/provincial subcommittee on drinking water, re: water quality standards
   5. Sampling and analysis requirements, protocols and procedures
   6. Reporting and notification procedures

    

3. Privatization of government laboratory services 
   1. Historical roles of public and private laboratories in Ontario re: drinking water
   2. Cessation of routine municipal bacteriological testing and purpose of privatization
   3. Consideration of relevant issues, including:

   1. Capacity and capability of private laboratories.
   2. Certification and accreditation requirements.
   3. Communication to municipalities.
   4. Communication to local Medical Officers of Health and local MOE Environmental Officers, including guidance to client municipalities on choice of testing facilities.
   5. Communication to the public
   6. Budgetary impact on municipalities, particularly small and rural municipalities.
   7. Budgetary impact on MOE and MOH

4. Provincial responses to internal and external comment.

4. Monitoring and assessment of Privatization Initiative: post-1996

1. Responses from local MOE and MOHLTC (then MOH) laboratories, local MOE offices and local Medical Officers of Health, including compliance, reporting and quality assurance concerns.
2. Responses from affected groups, e.g., municipalities, public health inspectors, private laboratories.
3. Monitoring the accuracy and effectiveness of private laboratories
4. Post-1996 reporting and notification procedures.

Section III 
Role of MOE in Standards, Monitoring, Compliance and Enforcement Re: Drinking Water

1. Overview: Roles of MOE in relation to MOHLTC, municipal owner/operator, and local Medical Officers of Health and Health Units, Ontario Clean Water Agency ("OCWA"), and Federal government.
    
2. Role of Ontario Drinking Water Co-ordnating Committee (DWCC)

1. ODWOs and Bulletin 65-W-4 entitled "Chlorination of Potable Water Supplies" ("Chlorination Bulletin")
2. Enforcement and implementation of ODWOs and Chlorination Bulletin.
3. Minimum recommended sampling requirements program

3. Training standards
   
   1. Local operator training, certification and continuing education and monitoring, and grandparenting
   2. Water works and Sewage Works, 0.Reg.435/93 re: training standards for local operators.
   3. MOE manager and Environment Officer training and continuing education

    

4. Monitoring of water works

1. Routine operational monitoring and reporting

1. Nature and frequency of testing.
2. Reporting and communication of data
3. Record keeping

2. MOE inspections

1. Inspection methodology
2. Dedicated inspections and follow-up
3. Utilization of unannounced site visits
4. Inspections under the Sewage and Water Inspection Program (SWIP)
5. Government inspections after May 2000
6. Provincial responses to internal and external comments
7. Reporting, communication and record-keeping

3. Drinking Water Surveillance Program (DWSP)
4. Roles and responsibilities of MOE supervisors, district mangers, regional directors, other directors (e.g. Water Resources Branch), and abatement officers
5. Annual reporting by the operator to the MOE, and follow-up

5. MOE operational procedures

1. Delivery strategies and program prioritization.
2. Work assignment and degree of specialization.
3. Staff complement, vacancies and overtime opportunities.
4. Record-keeping and institutional memory.
5. Transfer of files and review of new files.
6. Monitoring between inspections.
7. Availability of internal expertise.
8. Consolidation and communication of policy.
9. Relationship with local Medical Officer of Health.
10. MOE relationship with MOHLTC and federal Departments of Health and Environment
11. Role of SAC.

6. Compliance and enforcement

1. Historical overview of compliance policies.
2. Responses to specific non-conformance and non-compliance.
3. Voluntary versus mandatory abatement strategies 
4. Use of Director's orders

7. Environmental Commissioner/Provincial Auditor

1. Impact of Environmental Bill of Rights on MOE policy re: drinking water, including exemptions.
2. Provincial response to the Environmental Commissioner's annual reports re: drinking water 
3. Provincial response to Provincial Auditor's reports re: drinking water.
4. Other

8. Changes to the legal and operations regimes which may have affected Walkerton

1. Regulatory Reform.

i) Bill 25, Red Tape Reduation Act

ii) Bill 57, Environmental Approvals Improvement Act 

iii) Bill 107, Water and Sewage Improvement Act 

iv) Bill 152, Services Improvement Act 

v) Bill 146, Farming and Food Production Protection Plan Reductions 

vi) Bill 20, Planning Act 

vii) Provincial Water Protection Fund

 

2. Reductions in MOE budgets, personnel and resources

i) Reductions in operating and capital budgets.

ii) Staff reductions generally.

iii) Reductions in staff responsible for water.

iv) Reductions in enforcement staff and prosecutions.

v) Deskilling and deprofessionalization.

vii) Delivery Strategies and communal water.

viii) Issues raised or considered by the DWCC.

3. Restructuring

i) Withdrawal of funding for sewer and water infrastructure.

ii) Municipal amalgamations.

iii) Who Does What panel: Downloading of responsibilities to municipalities.

iv) Alternative Service Delivery initiatives.

v) Centralization of decision-making.

vi) Operational business changes to Ministry of Municipal Affairs & Housing ("MMAH"), MNR, MOHLTC, OMAFRA, and the MOE

vii) Provincial responses to internal and external comment

Section IV
Municipal Operation of Water Works

1. Overview: Roles of PUC, Municipality, MOE, Ministry of Municipal Affairs & Housing, and Ministry of Agriculture, Food and Rural Affairs (OMAFRA)
    
2. Goverance and funding of municipal water works

a)  Municipal government/PUC

1. Overall scheme under Public Utilities Act, R.S.0. 1990, c.P.52 
2.  Municipal finance and drinking water infrastructure maintenance
3.  Minimum standards for municipal financing of infrastructure, maintenance and operations 
4. Utility rate issues
5. Relationship between the municipality and the PUC, including accountability of PUC to the municipality

b) Provincial grant and loan programs.

c) Federal grant and loan programs.

3. MOE regulation of the owner/ operator (Regulation 435/93)

1. Water Works and Sewage Works, O.Reg. 435/93
2. Oversight of municipal pricing, financing and investment in infrastructure.
3. Statutory duties and responsibilities of PUC commissioners and other municipally-elected officials
4. Orientation and continuing education of PUC commissioners
5. Minimum operational requirements (i.e. infrastructure and technology, record-keeping, training and supervision of staff, contingency planning).

4. Changing municipal role and capacity re: operation of water works

1. Effect of municipal amalgamation.
2. Effect of downloading of responsibilities, including transfer of septic inspections to municipalities (Environmental Protection Act, R.S.0. 1990, c.E.19).
3. Effect of Bill 35, Energy Competition Act.

 

Section V
Public Health

1. Overview: Municipal Communal Drinking Water

1. Role, duties and responsibilities of local Medical Officer of Health and Health Unit.
2. Role of MOHLTC and Chief Medical Officer of Health.
3. Role of MOE, MMAH and OMAFRA re: safe drinking water.
4. Role of Health Canada re: safe drinking water in Ontario 
5. Knowledge about the health effects of e.coli in drinking water, and risk of pathogens generally, and timely communications of risks to operators, Health Units and local MOE inspectors

2. Changes in the public health system re: drinking water

1. Impact of Who Does What process.
2. Reductions in budgets, personnel and resources.
3. Allocation of funding responsibilities between province and municipalities.
4. Cessation of routine municipal bacteriological testing by Government laboratories and coordination between MOE and MOH.

3. Adverse Drinking Water Results

1. Role of public health inspector and local Medical Officer of Health and MOE Regional staff.
2. Record keeping.
3. Reporting by MOE, including inspection reports, and responses by local Medical Officer of Health.
4. Adequacy of monitoring and enforcement (Health Protection and Promotion Act, R.S.0. 1990, c.H.7).

4. Boil Water Advisory:

1. Adequacy of policies and procedures.
2. Communication of information.
3. Boil Water Advisories
4. Role of SAC

    

 

Section VI
Land Use, Agriculture and Groundwater Protection

1. Overview: Role of OMAFRA, MOE, MOHLTC, Medical Officers of Health, Ministry of Natural Resources (Conservation Authorities), the Ontario Municipal Board, Farm Practices Protection Board, and the MMAH.
    
2. Provincial role in groundwater protection
   1. Provincial groundwater quality management framework, including well head protection
   2. Provincial responses to internal and external comment re: monitoring of groundwater quality
    
3. Municipal role in groundwater protection.
    
4. Environmental standards for agricultural operation:

1. Applicable standards and exemptions.
2. Best management practices, normal farm practices, and the provincial and municipal role
3. Municipal by-laws, agricultural uses and safe drinking water.
4. Manure management standards and procedures.
5. Agriculturally derived pathogens and drinking water
6. Aquifer vulnerability assessment and risk-based decisions on land use
7. E.coli, campylobacter, and other pathogens re: drinking water
8. Other tools

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Ontario Public Service Employees Union, 100 Lesmill Rd. Toronto, ON M3B 3P8  (416) 443-8888  www.opseu.org