Ford government's proposed water rules will suck Ontario dry, critics say

National Observer

2 days ago

The Ford government is facing backlash from advocates and water experts over proposed changes to Ontario's Water Resources Act that would remove key oversight and public input from the province's water-taking permit system.
The changes would amend long-standing rules by allowing the transfer of these permits between companies if the new operator draws water from the same location, in the same amount and for the same purpose. The law requires a permit for any company taking more than 50,000 litres of water per day from lakes, rivers, streams or groundwater, for use in agriculture, gravel mining and water bottling.
Under current rules, any permit transfer requires a new application, public review, environmental assessment and First Nations consultation. The proposed changes would remove all of these steps.
Theresa McClenaghan, executive director of the Canadian Environmental Law Association, said large water-users are usually required to provide financial assurances in case they shut down and restoration is needed. With a permit transfer, it's unclear if those protections would still apply.
McClenaghan said under the proposed changes, local communities wouldn't know the new company's environmental record — and if it had past violations, the public wouldn't be able to raise any concerns.
'Any reputable water-taker would want the confidence of the surrounding community and not be causing these impacts,' McClenaghan told Canada's National Observer.
People should have the right to know whether a new operator has the technical skills and proper equipment to manage water-taking safely and avoid harming nearby properties or ecosystems, she added.
Under current rules, any permit transfer requires a new application, public review, environmental assessment and First Nations consultation. The proposed changes would remove all of these steps.
The province says the move is meant to 'streamline' the permitting process and reduce administrative delays.
But McCenaghan says safety is more important than speed when issuing permits. Activities such as drilling for water, pumping from aquifers, or taking water from surface sources can have serious consequences for ecosystems and the people who depend on them.
Water-taking in Ontario has previously sparked strong public backlash, especially around bottled water. A permit renewal for Nestlé's former bottling plant near Guelph drew thousands of public comments.
Polling suggests that over 68 per cent of Ontarians — across all political affiliations — supported phasing out water bottling permits entirely.
Jana Levison, an associate professor of water resources engineering at the University of Guelph, said Ontario's water systems are already under significant stress from climate change, land use changes, and population growth. She believes this makes it even more important to carefully assess water-taking permits.
'We need more analysis of cumulative water takings,' she said. 'Permits shouldn't be assessed in isolation — especially in high-use areas where water demand is already heavy.'
Levison also raised concerns about gaps in Ontario's water-taking reporting system, saying the province still lacks a clear understanding of how much water is being extracted overall.
McClenaghan says while the changes would benefit companies, they pose clear risks to local communities and the environment, and rushing the process puts these protections at risk.
Water-taking permits often include conditions that require companies to reduce water use during droughts or if they interfere with nearby wells. In some cases, companies may be ordered to stop water-taking completely, she added.
Permits often allow more water than a company uses. If a new operator starts using the full amount, it could cause greater environmental damage in some areas, she said. Operational changes, such as more truck traffic, longer hours or new routes, can affect local communities, and the public should be informed before any permit is transferred, she added.
Ontario does not have a public record of how many companies currently hold water-taking permits, how many applications are in process — for new permits or transfers — or how much water is being taken each day. Canada's National Observer reached out to the Ontario Ministry of the Environment for comment but did not receive a response in time for publication.
'Water is for life, not for profit'
More than 1,800 people have sent letters opposing the proposed changes through a campaign launched by Water Watchers.
The group's executive director, Arlene Slocombe, has spent decades advocating for water protection. She says water-taking permits should not be treated as transferable assets.
Living just 20 minutes from an area with multiple water-taking permits, including for sand in Guelph Ont., she's heard repeated concerns from residents about dropping well levels and industrial overuse of groundwater. With so many operations drawing water in one area, she says it's nearly impossible to pinpoint who is responsible.
Slocombe warns that water is being taken faster than it can naturally recharge. 'That's why we believe the government should be tightening water-taking rules, not loosening them," she said. "If water levels are at risk, we need to prioritize which uses are essential."
She sees the move as part of a broader pattern under the Ford government that weakens environmental oversight and cuts public input — as seen in Bill 5 and such proposed projects as Ontario Place and landfill expansions.