Municipal Wastewater Effluent & Multi-Level Regulatory Governance

Purpose To examine the core issues in, and the prospects for a harmonized approach to the governance of MWWE among federal, provincial, and municipal governments

Municipal Authority  Primary regulatory tool: Sewer-use bylaws  Municipalities: Regulator vs. Regulated

Provincial Authority  MWWE & constitutional authority  Multiple pieces of legislation & …multiple governing departments  Regional variations in MWWE treatment have created a legacy of uneven regulation

Canadian Council of Ministers of the Environment (CCME)  Consensus based decision-making  Ideally situated to address issues that are inherently interjurisdictional

Federal Authority Two primary pieces of legislation: 1. Section 36(3) of the Fisheries Act 2. The Canadian Environmental Protection Act (CEPA) 1999

Wastewater Sanitary Sewage+Stormwater

Sierra Legal Defense Fund  Top of the class: Calgary (A+)Calgary (A+) Whistler (A)Whistler (A) Edmonton (A-)Edmonton (A-)  Failing grades: Montreal (F)Montreal (F) Victoria (suspended)Victoria (suspended)

The Policy Story 1. Water is inherently mobile 2. A legacy of uneven environmental protection 3. Toxic Substances in Effluents are deleterious: Environmental health Environmental health Economic health Economic health Population health Population health

Priority Substance Assessment Program 3 MWWE substances were identified as toxic and listed on Schedule 1 of CEPA 1999 Chlorinated wastewater effluents (2000) Chlorinated wastewater effluents (2000) Ammonia dissolved in water (2003) Ammonia dissolved in water (2003) Inorganic chloramines (2003) Inorganic chloramines (2003)

Pollution Prevention Planning  There is a legislative timeline for action under an amendment made to CEPA 1999  The instrument was proposed June, 2003  Focused on process audits (non-regulatory)  The final notice to be published December 2004

A long-term Canada-wide strategy  Formalizing higher & nationally consistent environmental standards  Consensus-based decision making to occur under the auspices of the CCME

Source: CCME CCME Cornerstones: 1. Harmonization of the Regulatory Framework 2. Coordinated Science & Research 3. Environmental Risk Management Model

A Simplified Policy Process ImplementationPolicy Design Problem Definition

 If the goal of the long-term Canada-wide strategy is to achieve higher & nationally consistent environmental standards …the problem definition must be structured to reflect this

Policy Design  Considered within the context of broadly related initiatives  Must move beyond ‘end of pipe’ regulations  Making an overt connection to SMART regs.

Implementation Neglect of aging municipal infrastructure… “has led to declining standards of services to citizens and diminishing efficiency and effectiveness of our cities as engine of economic growth” Conference Board of Canada, 2003

Evaluation  Report Card Federalism Increased transparency Increased transparency Increased democratic accountability Increased democratic accountability Opportunities for mentoring & training Opportunities for mentoring & training  Considering a coordinated mechanism for communicating results with the public  A focus on performance and not process

Conclusion Given: The inter-jurisdictional nature of water The inter-jurisdictional nature of water The known deleterious effects of MWWE The known deleterious effects of MWWE The legacy of uneven application of regulation The legacy of uneven application of regulation …there is a clear need for nationally consistent and cooperative management of these risks in order to safeguard the public interest