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2007/11/13 - Provincial
Council Information *for period ended November 13, 2007* *Provincial/ AMO/ Federal* 1. TILMA 2. COMRIF 3. Cabinet 4. Waste Diversion 5. Natural Gas 6. Drinking Water 7. Good Roads 8. CN Rail Crossing (11/16/2007) Dean lorfida - 071009 Alert TILMA (2).pdf Page 1 200 University Ave, Suite 801 ~~ Toronto, ON tv15H 3C6 ~ . Tel.: (416) 971-9856 ~ Fax: (416) 971-6191 E-rreil. amo@amo.on.ca A.., , ~,=~r~;.i 1~,»(ci~ liter. cH «laF,?esY ~IEMBE~ C~MN~U~~CATItJN ALERTM1I°:07/053 TO the a##eCI#lOP7 Cif the Clerk and CounciP FOR MORE INFORMATION CONTACT: ~~' OCtob@r 9, 2007 Craig Reid, AMO Senior PdicyAdvisor (416) 971-9856 ext 334 British Columbia -Alberta Trade, Investment and Labour Mobilit A reement TILM Y 9 ~ p-) Issue: Implications for Ontario of the British Columbia -Alberta Trade, Investment and Labour Mobility Agreement Background: In April 2006, Alberta and British Columbia signed the TILMAas an agreement between the two provinces under article 1800 of the 1994 Canad ian Agreement on Internal Trade (AIT). That article allows any of the parties to establish a greater level of trade and investment cooperation than under the AIT. TILMA came into effect in April 2007, and required broad-based harmonization of trade, investment, procurement and labour rules that establishes a free market between the two provinces. Under the agreement, Alberta and B.C. agree not to discriminate against companies registered in the other province (with certain exceptions) bidding on government contracts, harmonize labour training standards, recognize companies registered in one province as being registered in another, as well as not to engage in competitive incentives for companies considering investing or locati ng in one of the two provinces. The provinces also agree to establish non-discriminato ry practices in the areas of access to energy, location requirements for business offices, commercial vehicle registration, among others. The agreement forms the basis of a widespread harmonization of trade, investment and labour standards between Alberta and B.C. and the agreement's requirements will be extended to the broader public sectors in each province by 2009. In the intervening period, the provinces will consult with these sectors so that provinces can negotiate any exclusions or special provisions they consider necessary. Some groups have expressed concerns that TILMA may negatively affect a municipality's ability to regulate industry within itsjurisdiction. While TILMA has not yet been extended to the municipal sector and exclusions from the agreement have not yet been negotiated, B.C.'s Minister for Economic Development, Colin Hansen, has written to Union of British Columbia Municipalities (UBC M) members to provide assurances that TILMA is not intended to capture legitimate government actions such as environmental protection, land use planning and zoning, building height restrictions or other public health, safety and environment protections. Until exclusions have been negotiated and municipalities are Association of ~~~ 1-2 Municipalities ofOntaria (11/16/2007) Dean lorfida - 071009 Alert TILMA (2).pdf Page 2 ~ captured by the agreement, it will be unclear to what extent the municipal sector in ~~ Alberta and British Columbia will be affected by the agreement. It is not clear that the government ofOntario intends to examine the benefits ofjoining the Agreement at this time. However, AMO has written to the province to ensure the government consults the municipal sector prior to a new agreement being reached so that municipal interests can be considered. ' Action: Review AMA's correspondence to the Premier and the TILMA web site for further ' information. __ .._ This information is available in the Policy Issues section of the AMO website at www.ama.on.ca. Association of l~~ 2-2 MunicipalRies of Ontario i ~'"`` C~~ ~~ lX~iere Ships Climb T}~ ?Mountain... October 17, 2007 b;i[ °~ The Honourable Dalton McGuinty Premier of Ontario Legislative Building Queen's Park Toronto, Ontario M7A 1A1 Dear Premier McGuinty: Thorold Re: Trade, Investment and Labour Mobility Agreement Please be advised that Thorold City Council, at its October 16, 2007- meeting, adopted the following resolution: WHEREAS TILMA would expose to challenge all government measures that "restrict or impair trade, investment or labour mobility, unless such measures are specifically exempted from TILMA and has the potential to have far reaching negative impacts on municipal objectives; AND WHEREAS the Governments of British Columbia and Alberta have created and signed the Trade, Investment and Labour Mobility Agreement effective April 7, 2007 as Canada's most comprehensive internal trade agreement applying to all government measures such as legislation, regulations, standards, policies and guidelines that affect trade, investment and labour mobility; and has done so without appropriate consultation with the local governments and public of their respective provinces; AND WHERE AS the provinces of British Columbia (BC) and Alberta have invited the remaining provinces and territories of Canada to negotiate a TILMA agreement with them and the Premier of Ontario has spoken in favour of such negotiations without consultation with t he Ontario legislature, local governments and the public; AND WHEREAS TILMA makes it possible for outside investors to impose substantial legal expenses on municipalities, and potentially overturn local government contracts, bylaws and regulations (including but not limited to; land use, zoning, environmental bylaws, provincial and local school board regulations, union agreements and contracts and regulations) decided by local governments and organizations to meet the wishes, health and safety of their residents within the powers granted under the existing Ontario legislation; AND WHEREAS TILMA provides no protection for Agricultural Land Reserve, despite the inclusion of a section of the agreement where each province has opportunity to insert exceptions, exposing land use laws to laws governing agriculture land use in other ~r vinra_c wham a ra.can~a~„_m„~a ,not ~~~ of Thorold P.0. Box 1044, 3540 Schmon Parkway, Thorold, Ontario l21! 4A7 www.thoroldcom Tel: 905-227-6613 Page 2, Letter re TILMA AND WHEREAS TILMA will not serve to remove the barriers to labour mobility that exist between provincial professional colleges and associations, that prevent the free movement of labour from one province to another with their provincial accreditations; AND WHEREAS a dispute resolution procedure, outside of the judicial system, permits individuals and business entities to challenge government measures and if successful be awarded monetary damages (existing agreement allows up to $5 million for each successful challenge) unless the government eliminates or otherwise changed said measure to "conform" with TILMA; AND WHEREAS any challenge goes before an un-elected dispute panel whose rulings are based on the sole, narrow criteria of what is !east restrictive to trade. AND WHEREAS when the challenge is to a municipal by-law, the municipality is not permitted to appear before the panel hearing to defend its position. BE IT RESOLVED that the Premier of Ontario cease and desist from any further discussions ornegotiations regarding the joining and or signing of any TILMA or any TILMA like, trade, investment and labour mobility agreement without direct consultation/debate with and discussion with the Ontario Parliament, with local governments and with the citizens of the Province of Ontario; BE IT FURTHER RESOLVED that the Premier of Ontario of any governing party not enter into any TILMA like agreement between any/all provinces of Canada without full debate%onsultation with the Ontario legislature, local government and the citizens of the Province of Ontario and that public hearings be held on TILMA in ALL municipalities of Ontario; BE IT FURTHER RESOLVED that on behalf of the member municipalities the Region of Niagara thoroughly assess implications ofthe TILMA on local government's latitude to formulate, apply and maintain community specific standards, regulations, initiatives, health and safety measures and advise member municipalities on or before January 2008; BE IT FURTHER RESOLi~'ED thai the Province of Ontario be requested ,got to enact legislation to impose TILMA procurement requirements on municipalities; BE IT FURTHER RESOLVED that if approval by the Ontario legislature, consultation and approval of local government and the public has been applied, that any TILMA would include a clause agreeing that any difference in standards be reconciled to the highest standard used in Canada; i) That local governments and/orboards be ensured that they be allowed to represent themselves in partnership with the provincial panel member on the dispute panel for TILMA; Page 3, Letter re: TILMA THEREFORE BE IT FURTHER RESOLVED that the membermunicipalities of the Region of Niagara request that the government of Ontario enterinto a clear, open debate revealing all of the potential ramifications TILMA or like agreement between any/all of the provinces of Canada, with the local governments and public of Ontario. Yours truly, ~s~r:'Dan~els, AMCT Deputy City Clerk SMD:hhm cc: The Honourable Sandra Pupatello, Minister of Economic Development and Trade The Honourable Steve Peters, Minister of Labour The Honourable John Gerretsen, Minister of Municipal Affairs and Housing P. Kormos, M.P.P., Welland Riding F. McMurran, Member, N-CAST The Regional Municipality of Niagara Area Municipalities em: M. Weir, Chief Administrative Officer J.K. Bice, City Clerk • A„m_iakiuBearf4~ienaE ~~,u?, ,~tti~~t.~eita MEIVI~ER COMMUNIC~-TION 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 I Fax: (416) 971-6191 E-mail: amo@amo.on.ca ALERT N°: 07/054 ~'~ the atteaati~n ~~;fhe ~ier~ ~~~ C~c~rtefi FOR MORE iNFORMATiC3N coNTACT: October 22, 2007 AMO Director of Policy Brian Rosborough (416) 971-9856 ext 318 $64 Million COMRIF Top-up Funding Should Be Accessible To All Rural and Small Urban Municipalities H fr W J Issue: How should $64 million in federal COMRIF top-up funding be administered? AMO's position is that the administration of additional funds should be based on the principles of fairness, openness and transparency. Background: Earlier this year, the federal government allocated an additional $200 million as a "top-up" of the national Municipal Rural Infrastructure Program (MRIF) program. In Ontario MRIF is administered as the COMRIF Program. The share of the $200 million available for COMRIF in Ontario is $64 million. It will be matched by an additional $64 million from the province for total additional funding under the original COMRIF program of $128 million. The COMRIF program has had three intakes based on original federal funding of approximately $298 million and provincial funding of $298 million. The third intake was $46 million from each of the federal and provincial governments. COMRIF Intake Three closed in September 2006. Many of the COMRIF Intake Three applications that did not receive COMRIF funding received provincial funding through the 2007 provincial rural infrastructure investment initiative. AMO is concerned about the potential manner though which the $64 million "top-up" funding may be administered in Ontario. There is debate over whether there should be a new COMRIF Intake 4 or whether only those applications that did not receive funding under the September 2006 COMRIF Intake Three should be eligible for consideration. AMO has expressed concern to the Government of Canada about the federal government's idea of potentially limiting access to the top-up funding to unfunded COMRIF Intake Three applicants. Many municipalities did not apply under COMRIF Intake Three because of the limited funding ($46 million) available at the time. In addition, there has been a municipal election since Intake Three closed in September 2006, and new Councils may have different priorities than those expressed in Intake Three applications. AMO believes that a fourth Intake is a more equitable approach that would allow all COMRIF eligible municipalities to apply for the new funding and does not presuppose any council's decision to apply or not apply. AMO has expressed to the federal government that a fourth intake could be expedited by allowing municipalities to submit updated application form prior COMRIF intake or new applications if they wish. Action: For your information This information is available in the Policy Issues section of the AMO website at www.arna.on.ca. assa~iatian of ~~ 1-1 Municipalities of Ontaria • 1.. ~ ~ ~ :. ~; i r o. <rt ,49nuai~r itailiRi~•y eyfi dJda'F,xfira I~IIEMBE~ CQ116111~IUNICATIt~N 1°c the attenti~~a ®f the C6erk and Oeruneil October 30, 2007 200 University Ave, Suite 801 Toronto, ON M5H 3c6 Tel.: (416) 971-9856 ~ Fax: (416) 971-6191 E-mail: amo@amo.on.ca ~~~ rv~: 07-022 FOR MORE INFORMATION CONTACT: Brian Rosborough, Director of Policy (416) 971-9856 ext 318 AMO Welcomes New Cabinet Toronto, Ontario, October 30, 2007 -Municipal experience has again found its way into Ontario's Cabinet in a number of key positions, including the Honourable Jim Watson, the new Minister of Municipal Affairs and Housing. "Jim Watson's knowledge of and appreciation of the municipal order of government is a solid foundation for continuing the progress on a number of pressing municipal government needs," said AMO President, Doug Reycraft. "We look forward to working with Minister Watson over the coming months on the number one priority of municipal governments in Ontario: the Provincial-Municipal Fiscal and Service Delivery Review". AMO also welcomed the appointment of the Honourable Dwight Duncan as Minister of Finance. "We look forward to working with Finance Minister Dwight Duncan on completing the Review in February, in time for the 2008 provincial budget," said Reycraft. "Minister Duncan's appointment reaffirms Premier McGuinty's commitment to creating a new and sustainable provincial-municipal fiscal relationship in Ontario." The appointment of a number of other former municipal officials to key Cabinet posts continues to demonstrate the Premier's understanding that municipal governments have important interests and responsibilities in many policy and program delivery areas that fall under a number of different ministries, including services for children, labour, and environment. Reycraft said, "AMO is anxious to meet with the new Ministers and their Parliamentary Assistants. We believe both orders of government, working together can strengthen our communities and our province." This information is available in the Policy Issues section of the AMO website at www.amo.arr.ca. Association of ~~~ 1-1 Municipalities of Ontario Premier of Ontario -Cabinet Skiff to e«~~tent ~~~~ ':~ ~ ~ra~, ~ttsr~ ~ .caaar~°°~r ~ -~° ~ ~ew~ J !=-°ie°°y o~° T~r~ztt ff ~ :... ~ ~ try` ' ~'' ~ Cabinet ... _ . ., Rick Bartolucci ~ y~~-` Chris Bentley -~,° ~ Minister of Community ~ Attorney General ..~..- ` Safety and Correctional MPP London West 1l Services MPP Sudbury Attorney General Community Safety and Correctional Serviees Margarett Best ~ ~~r~'`; '`~- ,im Bradley Minister of Health Promotion '~ r Minister of MPP Scarborou h- Tran o a i n g sp rt t o Guildwood 1~ MPP St. Catharines Health Promotion Transportation ~ '~ Michaei Bryant ~ Donna Cansfield ~` Minister of Aboriginal Affairs .~-- - ~,~ Minister of Natural Government House Leader ti Resources MPP St. Paul's ~ ~ MPP Etobicoke Centre Aboriginal Affairs ~~ David Capian ~ ~ Minister of Public ~,,~ Infrastructure Renewal r MPP Don Valley East ~~ Public Infrastructure Renewal Natural Resources ~.;"' Aileen Carroii '~~ Minister of Culture _'. Minister Responsible for ~, Seniors MPP Barrie Culture Seniors' Secretariat Page 1 of 4 ~DFFICE ~F THE ~"e~ jSearch ~~ Cabinet Parliaentar Committees Ministries Daitan's Bioc ices .3csc~rnai Look behind the headlines to hea what I have to say about today' important issues Cerifi~ats For a special anniversary, birthday or othe. milestone. het nu~ve~3 Contests, quizze and special events. Share your view opinions and questions. i ` ~t Sign up to the mailing list for regular news updates. http://www.premier.gov.on.ca/team/Cabinet.asp 11/16/2007 Premier of Ontario -Cabinet Page 2 of 4 Michae[ Chan .. Leona Dobrowsky Minister of Citizenship and ,~ , ~ Minister of Agriculture, ~~ ! Immigration ~ Food and Rural Affairs MPP Markham -Unionville MPP Prince Edward - Hastings Citizenship and Immigration Agriculture, Food and Rurai Affairs .._ ~1 - Brad Duguid ... ~ , ~ Dwight Duncan 4 .. Minister of Labour Minister of Finance ~ MPP Scarborough Centre ~ ~ ~"~ , Chair of the Management Board of L b our a - Cabinet MPP Windsor - Tecumseh Finance ~_ Peter Fonseca ~ ~~' Jahn Gerretsen T , ~ Minister of Tourism #. .. Minister of the '' MPP Mississauga East - ~ t Environment , -_ Cooksville ~ MPP Kingston and The '` Islands Tourism Environment ,, ~ Michael Gravelle --' Deb Matthews Minister of Northern - Minister of Children and Development and Mines - Youth Services ~~~ MPP Thunder Bay -Superior -mm': ~,*~ ~ ~ ~ . Minister Responsible for North . Women's Issues MPP London North Northern Development Centre and Mines Children and Youth Services Women's Directorate '~ DaltOn MCGuinti/ " x.° Ted McMeekin ~ ~ "" Premier ~ Minister of Government .~- Minister of Intergovernmental Affairs `~ ~ and Consumer Services MPP Ancaster - Dundas ~ MPP Ottawa South Flamborough - http://www.pre mier.gov.on.ca/team/Cabinet.asp 11 / 16/2007 Premier of Ontario -Cabinet Page 3 of 4 Intergavernmental Affairs Westdale The Premier Government and Consumer Services '~ ". -; _ Madeleine Meiileur John iiiay M- _ ~~ - ~ Minister of Community and Minister of Training, Social Services ~ Colleges and Minister Responsible for ~ Universities --- Francophone Affairs MPP Kitchener Centre MPP Ottawa -Vanier Training, Colleges Community and Social and Universities Services Francophone Affairs T'~""'~'"~ Gerr Phiiii s y _ p_ .~~ .~: Sandra Pupateilo ~, Minister of Energy Minister of Economic :"_"' '~"" MPP Scarborough - Development and Trade Agincourt , , MPP Windsor West Energy Economic Development and Trade ~; Monique Smith , - George Smitherman '' Minister of Revenue .~ *~ Minister of Health and MPP Nipissing .~''> ? Long-Term Care '~`~ MPP Toronto Centre ~~ ~" y~ a Revenue '~' Health and Long- Term Care `"""~~ iiarinder Takhar ~, ~ Jim Watson Minister of Small Business `; , Minister of Municipal and Entrepreneurship Affairs and Housing f> MPP Mississauga - Erindale MPP Ottawa West - ~,. Nepean Small Business and Entrepreneurship Municipal Affairs and Housing John Wilkinson Kathieen Wynne Minister of Research and Minister of Education Innovation Chair of Cabinet http://www.premier.gov.on.ca/team/Cabinet.asp 11 /16/2007 Premier of Ontario -Cabinet ~~~~~ MPP Perth -Wellington t _~ Research and Innovation ~' ~. MPP Don Valley West ~'> Education Page 4 of 4 HOME I SEARCH ( SITE MAP I HELP ] CONTACT DALTON ' FRAN~AIS ~ ONTARIO.CA ~,I (3ntarir~ This site is maintained by the Government of Ontario Privacy I Important Notices © Queen's Printer for Ontario, 2006 Last Modified: February 21, 2007 http://www.premier. gov. on.ca/team/Cabinet.asp 11 /16/2007 (11/16/2007) Dean lorfida - 071002 Alert MHSW Program Plan &MHSW Tendering.pdf Page 1 200 University Ave, Suite 801 Toronto, ON M5H 3C6 A.sori,~ti°se at ta me itralikEr~ u C7r~txr%u # Tel.: (416) 971-9656 ~ Fax: (416) 971-6191 E-mail. arra~a)amo.on.ca ® ~ + ~~ !! RR'~ ~+ /~ RR ~~ 1'M6~[~~~ tr~ VIY~L~~~V1r A<_ERTN°:07/051 i TC9 tf1E! at~el7i.`1Cll1 4f t~'!e CIt'YIC atlC;~ triQLlrlClt FOR MORE INFORMATION CONTACT: OCtOber 2, 2007 Milena Avrarrwvic, Senior Policy Advisor (416) 971-9856 ext 342 Information on MHSW Program Plan &MHSW Tendering Issue: Information for Ontario municipalities on MHSW Program status and future MHSW tendering Background: On May 24, 2007, Waste Diversion Ontario (WD O) submitted the Municipal Hazardous or Special Waste (MHSW) Program Plan to the Minister ofthe Environment. The Plan was posted on the Environmental Registry until July 11 for comment. Atthis point in time, the Minister has not made a decision on the Plan. Given that the province is now in a provincial election process, no action will be taken until the next cabinet has been established. It is recognized that many municipalities are faced with expiring MHSW service contracts and must consider the best course of action despite the uncertain timing of the MHSW program implementation. Message: For those municipalities whose contracts are expiring in the near future, Waste Diversion Ontario (WD O) suggests that, where possible, it may be more efficient to extend existing MHSW contracts for a period of time to allow the Minister ofthe Environment to deal with the MHSW Program Plan following the election. If a contract extension is not feasible, WDO suggests that your next contract for MHSW services include a clause that allows contract termination or renegotiation upon MHSW program plan approval. If you have any questions about the MHSW Program Plan, please contact Glenda Gies at glendagies(c~wdo.c a or 416 226 5113 extension 296. Action: This information is available in the Policy Issues section of the AMO website at www.amo.an.ca Association of •IEkf® 1-1 Municipalities of Ontario (11/16/2007) Dean lorfida -Fall 07 nat gas FINAL.pdf Page 1 I ~~ '~ ~ Qededin'f~Fl~IF6lna16wthOtariontrid~itie9~hdplt~n-edceagx~xihxes axlincrea~ealr~Tra~~ograr~hat lea~ecmarie~of-sdeaxl~q~aati~e proarare~dfat$ theresltsad;tptocrnschrakie~.ir~cna,~idera~~du~a~i LA ~ ~O ~~ ~ , 3 senioes9rplu;reer>a~lF6a~erarittedto,~,Q2olydp~xlitstialdnmxidpal g~.errre~dic~aidlierba~i~stoanirimmlE>aifsawrrwn3tu~ionnue zlfadaye~nloesfa~ lodcparrretaxhdptofuxtl~ irrpalariwxkatF{~ N atu ra I Gas Overview In the months since the last newsletter (June 2007), the price of natural gas at Empress, Alberta has deceased from 33.0 cents/M3 to the current 28.5 cents/ M3. However, this price does not result in large cost savings for municipalities due to very low natural gas consumption levels in the summer/early fall. The major reasons for this 4.5 cent/M 3 decrease are as follows: - The increase in the value of the Canadian $ versus the US$,from 93.4 cents/USto parity, translated into a price decrease for the Canadian consumers. Indeed, as North American natural gas prices are determined on the New York Mercantile Exchange, in US$, an increase in the value of the CAD $ causes the Canadian natural gas prices to decrease. - Generally moderate temperatures this past summer in the key areas of North America -which reduces the demand for gas fired electricity generation. - Historical high natural gas inventories in the US for this time of year. US natural gas inventories were boosted by imports of liquefied natural gas (LNG) which were up by 48%, compared to last year. This was mainly because European natural gas prices were lower than the US prices during much of the summer, thus LNG cargoes from Algeria and Trinidad & Tobago were diverted from Europe to the US. From November 1, 2007 onwards, the price of natural gas will be driven by the winter temperatures and the value of the Canadian $ versus the US $. ft is hard to predict what future prices for natural gas will be and as such there is always a benefit in being enrolled in an aggregated forward-purchasing program like the LAS Natural Gas Program. Finally, it is interesting to note that the historical correlation between the price of crude oil and natural gas (whereby natural gas traded at approximately one sixth of the price of crude oil, which represents the relative energy content of these two fuels) has been broken in the last 2 years. If this relationship was still in place, natural gas would currently be trading at approximately 45 cents/ M 3. a Glance LASwelmmed four new Natural Gas FYogram members in 2007: • Town of Aurora • Munidpality of~uewater • Munidpality ofGreen~one, and - Town ofTemagami Natural gas inventories in the US, at the start of the winter season on November 1, 2007 are now projected to be 96 to 98%full compared to the historical fill rate of 90 to 92%. Assuming, of course, that there will be no disruption to the oil and gas production facilities in the Gulf of Mexico, caused by hurricanes. Any adverse weather activity in this area will most certainly result in much higher natural gas prices for the coming months. • Rog ram price for 2008 program year is32.5 cent~M3 - AMO/tAS ispre~nting two new Energy Management Worlc~ops aao~ the Province. Ust the;~FviO ~,~~;ttc;for more information. - Clid< t~rr€:to se thenewe~ update from the Canadian Gas A~dation. ~ (11/16/2007) Dean lorfida -Fall 07 nat gas FINAL.pdf Page 2 LAS Program Natural Gas Prices Announcement -For thenext program year November 1,2007- Odober 31, 2008, the LAS Natural Gas FYogram prime for all members has been set at 32.5 oentgM3. Rease notethat thereisa drong po~bility ofa price reduction midway through the program year (early April 2008) but for budgeting purposes pleas! budget for 32.5 cents' M3. LAS will advis ifthe price reduction will take plate. In an effort toensarethatallofour program members benefit from a predictable price for the entireprogram year, LAStargetstofix theprioe on appro>amately 85 to 90%ofvolume requirementsead~ program year. The other 10to 15peraent iskept on the mot market price to diversiy rids and accommodate variationsin wlumes delivered to natural gasutilitiesand ourprogram members This portion of`°aot market'exposare iswherethe midyear price reduction opportunity would be realized if dot market prices in the~ring are low (asisexpeded by Energy Advantage, the LAS F7ogram Adminidrator) then our program members will benefit; ifhowever, LAS se prices risng for the period wewill lod<in to maintain your 32.5 centdM3 price. Looking forward, LAS has already purchasd more than 50%ofthe required gasfor the2008-09 program year (November 1,2008~Odober 31, 2009) at a price ofappro>amately 31 ~nts'M3.LASiswaiting for downward wrredions in natural gasprioe$ before fi>ang in another 25 to 30% ofthe volume. Thos purchasswilllikelytake plate in the~ring of 2008. For th is Doming program year LAS h as acquired naturalgassapplyfrom both 3i ell Energy North America (formally called Coral EnergyCanada)and ~ Canada Energy. LAS Energy Services Survey: What You Told Us Aspart ofthe work to develop the new energysrvices divison, AMOa.AS ad<ed members to complete a saney during the month ofAugud tohelp determine which energy managementtools are of mod interedtothe munidpal sector. Wewere very pleas ad thatdaff from 123 munidpalitiesofall different szesfrom across Ontariotook thetimetodiare theirthoughts In an attempt to determine e>ading capadty, weaned whetheryvurmunidpalitydedicates a committee or an individual daff member to EnergyManagement,budgets~edfically for EnergyManagement,hasmmpleted aLoad Ffofile or an Energy Management Ran, has implemented initiativestoredu~ greenhouse gasemis3on~ in addition to several other questions The resaltsrevealed thatwhile some munidpalitieshave sophisticated energy management programs most have not yet made this a priority issae. For example, 73% of respondents did not have eithera committee /individual dedicated to energy management. In addition, whereas 24%ofresaondents had ~mpleted a load profile and 33% had developed initiativestoreduoe greenhouse gase$ only 10% had purchasd energy management software and only 8%had developed an energymanagementplan.Althoughmunidpalitieswithapopulation greater than 250,000 did generallyhavea greatercapadty totadde energy management, itwasnot alwaysthecase nor wasthereapartioularly drong correlation between sze and adiievements in thisarea. In regoons tothe quedion about whidi services would be of themod interedtoyour munidpality,re~ondents ranked ten of eleven ofthe available options highlywithonly green procurement seoring les;that 3out of 5. Weobvioudy haveourwork cut outfor ud Members are adced to keep poded as LAS rolls out Energy Management ~nchmark~ a Funding and Incentive Databas, aswell asNetworldng/Learning Opportunities in thecoming months Fnally,themod wmmon ansverstothe quedion about themain obdades toenhandng energymanagement,were daff and capital res~uroe$ dosrly followed bya ladcofinformation about available options Aladc ofprovindal regulation$ energydesgn guidelinesand/or performance dandards were also dted aswnoems wasauthorityfor energypurdiasng. Tohelp combat many ofthes obdade~ LASinvitesmunidpal represntativestoattend our Energy ManagementWorkd~ops and Town HallSes3ons Also feel free to~ntad Energy5;rvioes Coordinator Stitt Vokey at ext. 357 with your feedbad< orideas for new srvices For more information on LAS programs contact: ~~ Jason Hagan, LAS Program Coordinator jhagan@amo.on.ca ~ (416)971-9856 x.3200R ~.C~Ce~~ /~~1~lt~rl~~ ~~'~VEC~S ~~~. Scott Vokey, Energy Services Coordinator Y svokey(c~amo.on.ca ~ (416) 971-9856x. 357 LASisa whollyowned s.absdiary ofthe Assodation of Munidpalitiesof Ontario. (11/16/2007) Dean lorfida -Fall 07 electricity FINAL.pdf Page 1 ~ FBI electricity newsfLASh ~~ ~~ . ~ Q~edin'~Ft~lFbinal~wthOtaiorruidpiitie9at~{~han~xihxes axiincreasaee~;Tro~xogarr le~aariesaf-sc~a~q~azb~e ,~ Ixoararaieffort$ iheresltsa~lptoccreckrafl~r~manic~rar~cf~dr~a~d LA ~~Orl y , sa~i~sgrplusreVer~LF6a~ereiittedtoF(~3olydpfinditsv~aldmm~d~l 1 g~.e-n7sipdic~axl4~,QXrarbad•ilfeestoarririnun l!-'f iYsawn•wn3tua5a~rrae dfadakiesavio~for IodgaanYetaid~ptofixxtt~ irrpa-t<riNa•kdF(~ Glirnat~ Gha;i~g~: Ghallertges and ®pp®rtcani'tie~ Causd primarilybythe carbon dio>ade releasad from burning focal fuels dimate change isa serious problem that poses a rangeofthreats and opportunities for Ontario munidpalities WhileAlGore's An Inconvenient Truth and numeroussdentific studies such asthe UN's IntergovemmentalPanel on Climate Change(IFOC)havedriven home the direoons/quen~s ofmming changes to our dimate, munidpalitieshavean important role in mitigation and adaptation. Munidpal World continuesto publish agood~riesthatfocusesoniutureweatherimpads and storm sargesmaldng theargumentfor adaptation of local infrastructure. Howe~,er, dimate change mitigation also offers a numberofopportunitiesfor Ontario munidpalities Many munidpal events sack asAMO's AGM, are now carbon neutral. Concerned event planners can generatean „Tstimate ofthe energy needs assodated with agiven event and theneitherwork with green energy providers to provide carbon neutral energy and/or purdia~ the appropriate number r._..r ~.~?'` `-7'~'~.v- of carbon offsets ~ t. ~ purchaang thesy credits yvu can apply ~+~, .~. _ ~ ~~ them toyuur own "•.~f,x: ~ .~ emisaons to reduce .r}, '' •` w yourmunidpalitysnet ~'-~- _~ dimate impact. e imminent development carbon trading market ~ , ~ k North America also oilers ,, J y4~,~ ',+~~{ ~ unidpalitiesachance ;help fund the range of ~" ~~ vironmental initiativesthey dy deli~r. ` ~ ~~ ,N 71NUE0 OTiPtaC~~ 3~.. a C~iar~~~ Total Number ofAcoounts Enrolled: 1,923 Total Annual Hedge Volume: 142 million kWh - LASwill betaking Fbol #2 to market soon! Munidpalitiescan ~arttheenrollmentprooess for fools #3 as w ell as#t4 planned early 2008. • Rog ram and billing fees related to the LAS Bectridty Rog ram are only 0.15¢/kWh andthisfee isonly applicable toeledridty that isa part ofa hedge contract. • 3reetlightingaooountsenrolledintheLASprogram and plaa~ on the mot market are billed only $6 per month (that isper account NOTper street light). • Munidpalitiesenrolled in the LAS9edridty program are currentlyssving an average of4% to 8% compared to current F~Pratesfor mod oftheir aocount$ and upwards of 35% (depending on the month)for'oif-peaK street lightingaceounts E~~rgy Edta~afii®~a t)pp®rt~r~iti~s AMO/lAShasdeveloped two new Energy Workshops that will be delivered throughout the province in 2007/early 2008. Thesrwork~opsaregearedtoboth munidpalstatf(in Operations Fnan~,and Management)andeleded offidals Both work~ops will provide afoundation for munidpal energy management inducting resources and saooes~ul case studies to help your munidpalitycreate and implement saccesiul energy projects and strategies Join LAS staff to learn more about the LAS aedridty Rocurement Rog ram aswell asthe sacces~s ofthe longstanding LASNatural Gas Rog ram at upcoming Town Hallinformation sessions. 3aff will~eak about thenew Biergy ~rvioes Diwson that hasbeen created at LASAMO to help munidpalitiesbeoome more energys3vvywhile developing abetter understanding ofenergy wnsamption and savin g s opportu n ities For more Information about eitherofthe above sjsaons pleas; vist the iAw wehriic. (11/16/2007) Dean lorfida -Fall 07 electricity FINAL.pdf Page 2 {)n~aric~'s En~r~y ~r®ssrc~a~s:T°h~ ~P~e's IPSP Inthefinal plan submitted onAugud 29 to the Ontario Energy~ard (O~),theOntario WwerAuthority(OPA) pres;nted the fird comprehensve power sydem plan developed in over 15 years Theprovinoe's planning authority for eledridty,theOPAwas charged with developing an Integrated Fbwer 3,rdem Ran (IPS7) for the entireeledridty s,~dem regulation requires the OPA toupdate the IP~and for the O~toreview and approve it (based on whether it complies with Government directives and is economically prudent and cod effective) on a regular bass toensare that it continuesto meet ~edfied cxiteria. Avigorous debate isnow underway regarding the proposed generation mi>tsheavy relianceon nudear power, whetherthe 1488 megawatt renewable target islow~balled given opportunities for wind, molar, biomass and energyirom-wad e, aswell as whetherthe plan will support the R•ovince's 2007 Action Ran on Gimate Change. 7helP~will have an enorrnous impact on munidpalitiesas oons.amer$ planning and regulatoryagendes Currentlypegged at $60 611ion,munidpal ~nsumers willhave aood impact in terms of paying for the ~osf crf Piaajned kR~esourc~s: X64 Bi11t`.c~n projected rangeofnew generation and _:_. ..:._...-- .-.. _:._, . _ . _.. :.:_._ . _:.__:. ~ ..:.:_._ . _ transmi~on fadlities IASisworldng with theOPAand otherregulatorstoensure ~~. munidpalitiesbenefit from upcoming `" av~°~ cons;rvation measares ~edfic projects addresard in the IP~will need to obtain all the required approvals While energyprojeds are now exduded from theFlanningprocess ,~~,k„ ,,,.~.,> asa resaltofRll 51, munidpalitiesareinvited tsx 9.,~ to examine theapplication for approval under the EnvironmentalAseessnent Ad. non„« TheO~isoommitted to reviewing the plan th rou g h a tran Caren t process th at in du des a public hearing.Detailsabout the proceeding and how topartidpate in itwill be available soon. Reas? vist theC~~3wok~~iteor contact theConsamer F~IationsCentreat1~77~32- 2727 for more details Pra~iamnf~n 7 ~.. ~wa,wtn rav. sa~_.... __.._:r. a ~C~fl 1l/larke~ 1die~eoa The Ili indicates thatthe 3apply Outlook remains postive over thenext eighteen (18) monthsundernormal weather conditions In this period, generation sapply isexpeded to inaeas: byappro>amately 2700 MW. Theimportant merge isthat althoughsapply capadty looks postive, thesupply mixwill add predominantly more e~ensve type ofgeneration. Thiscan beexpeded toaffed dot market prices Asweather becomes extreme, typically during s.ammer and winter,pricesfor eledridtytendtoris;. Thisise~edally trueasgeneration resxarces become drained to meet the increased demand. Afew eventsocarred over thepad year that required medal action bythe market operator toensare reliability in certain areasofthe province. Thetypeofgeneration u~d to meet the power demand is important. Thisisbecaus:: different types ofgeneration cod more than others Therefore 3apply Mixisimportant. The projects coming on line in thenexteighteen monthsindude appro>amately 2000 MW of gasfired generation and 700 MW of wind energy. Rease note thatwind energy isa great addition to the sapply mix but itsavailability istypically 20- 35% ofits nameplate rapadty. Forward market prices have dropped over the pad few months When thisooaars an opportunity e>adstopurchase a forward wntrad at a better rate and look to protect the price you pay for eledridtywhilelimitingtherid<ofthe mot market. Weare dog toa slid buying opportunity! With aprovindal election dose on the horiwn changes to themarket in theshort term are notexpeded. However, the government ~ntinuestofoaas on ending theF~gulated Rice Ran (F~'j for MU9i odor partidpants Thischange isexpeded toooxar in April 2008. Thischangemeans munidpalitiesnot enrolled in a retail program IiketheLAS Bedridty FYogram will besubjed tothe dot market price and will not beproteded bya fixed price contract. Munidpalities looking tojoin the LASBedridtyF7ogram dillhavetimetodo ~. (11/16/2007) Dean lorfida -Fall 07 electricity FINAL.pdf Page 3 Making the M®v~ t®H®uriy Pri~ingo What You Need to Fin®w From the IESO How much yvurmunidpalityspends on eledridty depends on how muds you use-but als~theprioe you pay. B~ginningApri11,2008, munidpalities with fadlitiesurng more than 250,000 kilowatt hours(kWh) per year (appro>amately $2,000 a month) will begin paying an hourlyprioe for eledridty rather than afixed price through the F~gulatedRi~ Tian (I~Pj. Hourly eledridty pridng offers mu n idpalities a valuable opportunity toreduoe operational cods Achieving thesessving~ however, requiresdrategy, invedment and awmmitment from everyone inwlved. 3arting early with education in preparation for thes; changesisa wise invedment to maximize savingspotential. Over the next rx month$ the ofRckering-Ru~ellFbwers,CouncillorC7ryofHamilton-WayneArthurs, IESJWiIIbeWOrkin With the TheCltyofHamilton isone MFP.Thesefourmunicipalitiessharefheirpostiveexperiencesinpaying g ofa number of munidpalities thehourlypriceforeiectriciry. AMO tohelp munidpalities that have demondrated that rgnificant wd s~vingsare available by shifting some oftheir eledridtyoonslmption tothehourly price. Hamilton darted by converting 16 of their interval meteraca~unts(half oftheir load) from they-Ptothe hourly market prime andin less than one year saved $1 million on their eledridty bill. With thiss~vingsalreadyon the books, Hamilton hasplanstoinveas: their exposure to hourly pridng byindalling FYovindal ~nefit andthe OntarioR~wer an additional 31 interval meters Generation (OFG) f~bate. wholesale eledridty market which is operated bythe Independent Bedridty ~dem Operator (IE3~).Thisprice is determined bybalandng all the offers tosupply energyagaindthedemand for it. Rio~fluduateaocording to the weather, generator availability and time ofday. Thehoudyprice ismitigated by a number ofadjudments sack asthe i1aS Electricity Purchasing Pool An Updat~f~ry~°~`°^~°" Risnosarprisv thatredudng eledridty consumption can also amount to big ssvingsTheCStyof North ~y inverted their trafficlightstotID (light- emitting diode) technology which uses 85 per ant lei eledridty over the conventional lights This resulted in a ssvingstotheir taxpayers of$142,000 per year. make thetranstlon to market primes More infonmation will be provided in abrochure entitled The R~ttom Line on Managing Your aedridty Cods AGuide for Munidpalities -Doming in earlyOdober. For more information on what other munidpalities are doing toredu~ their eledridty ood$ virt the II :~-} LASisfinaliong toad profiles for 130ntariomunidpalRiesin preparaU6n';fot`r3u~ '~~.{, togo to market for our semnd eledridty purdiasa in-late October 2007, and tiveh pool in early 2008. Cf y9ur munidpality hasnot yet oonrdered jo inmy the tfao~eft~f ~ ~f information about theprogram inducting in~rudionsabout hm~ you cah,~j~t~~..', CL1Zt~ltl"Ifc CI-Efhi~lt7L..,~C PC}tvd I'ACF 1 3sveral munidpalities are an-entlytraddng andacvediting the range ofenvironmental initiativestheyalreadydeliver. carbon aeditsgeneratedfrom landfill gasoolledion projects S=,veral munidpalities arearrentlytraddng andaoxediting Smilar opportunities exid for other renewable energyproject$ carbon credits generated from landfill gasoolledion projects ~nservation and demand management (CDM), fored Smilar opportunities exid for other renewable energyprojed~ management,tranrt and land use planning.LAS Energy oon~rvation and demand management (CDM), fored S;rviees Diviron isaarrently working topurchase energy management,tranrt and land use planning.LAS 5-lergy management~ftware thatwillhelpmunidpalitiestrad<their ~rvioes Divison isaarrentlyworldng to purchase energy carbon footprint and relevant reductions a~dated with management software thatwill help munidpalitiestradcthelr CDM activities AMO isass;mbling adimate diange tads carbon footprint and relevant reductions a~dated with CDM force toensare Ontario develops asupportive legirativeand adivitiesAMO isaseJmbling adimate changetarcforoe to regulatory environment. TogetherAMO and LASwill ensure ensure Ontariodevelops asapportive legirative and regulatory that Ontario munidpalities are in agood portion to benefit environment. TogetherAMO and LASwill ensure thatOntario from theiroontinued role assound environmental dewards munidpalities are in agood portion to benefit from their North America also offers munidpalitiesachan~ tohelp Tend continued role assound environmental dewards For more information on LAS programs contact: „~ Jason Hagan, LAS Rogram Coordinator ~r /~ ~ (., } jhagan(a>amo.on.ca ~ (416)971-9856 x.3200R L~ ~C~C~.~ ~~.,~~I 1{~r~l~ ~~~~f~~'..)' ~~. ScottVokey, Energy Services Coordinator LASisawhollyowned subrdiary oftheAs~dation of Munidpalitiesof Ontario. svokey(aaamo.on.ca ~ (416) 971-9856x. 357 ~ihehourlyprioe iss?t in Ontario's 500 Consumers Road North York, Ontario M2J 1 P8 PO Box 650 Scarborough ON M1 K 5E3 October 30th, 2007 VIA COURIER Bonnie Jean Adams Assistant Regulatory Coordinator Regulatory Affairs phone: (416) 495-6409 fax: (416) 495-6072 Email: bonnie.adams@enbridge.com _ ~~3 ~`. To: The Clerks of the Municipalities in which Enbridge Gas Distribution Inc. Supplies Natural Gas Re: EB-2007-0731 Enbridge Gas Distribution Inc. - 2007 CASDA Application Notice of Application ("Notice") dated October 26th, 2007 • As directed by the Ontario Energy Board ("Board") in its Letter of Direction to Enbridge Gas Distribution, attached hereto is a copy of the Notice in both the English and French versions, together with a copy of the Application filed by Enbridge Gas Distribution Inc. on September 28th, 2007. Yours truly, _.~ .. ~~° .~ ~nt~t~ f~~~ ~`~'~~..~:;~~'w Bonnie Jean Adams Regulatory Coordinator cc: Mr. D. Stevens, Aird & Berlis (via courier - w/o attach.) Attach. • Ontario Energy Commission de I'Energie Board de 1'Ontario \~- Ontario EB-2007-0731 NOTICE OF APPLICATION ENBRIDGE GAS DISTRIBUTION INC. RECOVERY OF AMOUNTS IN CLASS ACTION SUIT DEFERRAL ACCOUNT Enbridge Gas Distribution Inc. ("Enbridge") filed an Application on September 28, 2007 (the "Application") with the Ontario Energy Board (the "Board") under section 36 of the Ontario Energy Board Act, 1998, S.O. c.15, Sched. B, as amended, for an order of the Board approving the final balance in the 2007 Class Action Suit Deferral Account ("CASDA") and the disposition of that balance. The balance in the CASDA as at August 1, 2007 was $23.7 million, plus interest of $0.7 million. The Board's decision on this Application may have an affect on all of Enbridge's customers. Enbrid a has ro osed to collect the full amount f h g p p o t e CASDA annually over the course of eight years from 2008 to 2015. If approved by the Board, the collection would result in an increase to a customer's bill of about $1.90 per year per customer. How to see Enbridge's Application Copies of the application are available for inspection at the Board's office in Toronto and on its website, www.oeb.gov.on.ca, and at Enbridge's office at the address indicated below. How to Participate You may participate in this proceeding in one of three ways: 1. Send a Letter with your Comments to the Board Your letter with comments will be provided to the Board members deciding the application, and will be part of the public record for the application. If you wish to make an oral presentation to the Board, your letter should include this request. Your letter must be received by the Board no later than 30 days from the publication or -2- ONTARIO ENERGY BOARD service date of this notice. The Board accepts letters of comment by either post or e-mail at the addresses below. 2. Become an Observer Observers do not actively participate in the proceeding but monitor the progress of the proceeding by receiving documents issued by the Board. You may request observer status in order to receive documents issued by the Board in this proceeding. If you become an observer, you need to contact the applicant and others in order to receive documents that they file in this proceeding and they may charge you for this. Most documents filed in this application will also be available on the Board's website. Your request for observer status must be made in writing and be received by the Board no later than 10 days from the publication or service date of this notice. The Board accepts observer request letters by either post or a-mail at the addresses below; however, two paper copies are also required. You must also provide a copy of your letter to the applicant. • 3. Become an Intervenor You may ask to become an intervenor if you wish to actively participate in the proceeding. Intervenors are eligible to receive evidence and other material submitted by participants in the hearing. Likewise, intervenors will be expected to send copies of any material they file to all parties to the hearing. Your request for intervenor status must be made by letter of intervention and be received by the Board no later than 10 days from the publication or service date of this notice. Your letter of intervention must include a description of how you are, or may be, affected by the outcome of this proceeding; and if you represent a group, a description of the group and its membership. The Board may order costs in this proceeding. You must indicate in your letter of intervention whether you expect to seek costs from the applicant and the grounds for your eligibility for costs. You must provide a copy of your letter of intervention to the applicant. -3- ONTARIO ENERGY BOARD The Board may choose to proceed with this application by way of written or oral hearing. The Board will not hold a written hearing if a party satisfies the Board that there is good reason for holding an oral hearing. Your letter of intervention should indicate your preference for a written or oral hearing, and the reason for that • preference. If you already have a user ID, please submit your intervention request through the Board's web portal at www.errr.oeb.gov.on.ca. Additionally, two paper copies are required. If you do not have a user ID, please visit the Board's website under e- filings and fill out a user ID password request. For instructions on how to submit and naming conventions please refer to the RESS Document Guidelines found at www.oeb.gov.on.ca, e-Filing Services. The Board also accepts interventions by e- mail, at the address below, and again, two additional paper copies are required. Those who do not have Internet access are required to submit their intervention request on a CD or diskette in PDF format, along with two paper copies. How to Contact Us In responding to this Notice, please include Board file number EB-2007-0731 in the subject line of your e-mail or at the top of your letter. It is also important that you provide your name, postal address and telephone number and, if available, an a-mail address and fax number. All communications should be directed to the attention of the Board Secretary at the address below, and be received no later than 4:45 p.m. on the required date. Need More Information? Further information on how to participate may be obtained by visiting the Board's website at .oe.gov.on.ca or by calling our Consumer Relations Centre at 1-877- 632-2727. • • IMPORTANT -4- ONTARIO ENERGY BOARD IF YOU DO NOT REQUEST TO PARTICIPATE IN THIS PROCEEDING IN ACCORDANCE WITH THIS NOTICE, THE BOARD MAY PROCEED IN YOUR ABSENCE AND YOU WILL NOT BE ENTITLED TO ANY FURTHER NOTICE IN THIS PROCEEDING. ~rlrlraccpc The Board: Post: Ontario Energy Board P.O. Box 2319 2300 Yonge Street, 27th Floor Toronto, ON M4P 1 E4 Attention: Board Secretary The Applicant: Enbridge Gas Distribution Inc. Personal Service: 500 Consumers Road Willowdale, Ontario M2J 1 P8 Post: P.O. Box 650 Scarborough, ON M1 K 5E3 Filings : www.errr.oeb.gov.on.a E-mail: BoardsecC~oeb.ov.on.ca Tel: 1-888-632-6273 (toll free) Fax: 416-440-7656 Ce document est disponible en francais. Attn: Patrick, Hoey Director, Regulatory Affairs Tel: 416-495-5555 Fax: 416-495-6072 Email: patrick.hoey@enbridge.com Counsel for the Applicant: Mr. Dennis M. O'Leary Aird & Berlis LLP BCE Place, PO Box 754 Suite 1800, 181 Bay Street Toronto, Ontario M5J 2T9 Tel: 416-865-4711 Fax: 416-863-1515 Email: doleary@airdberlis.com • DATED at Toronto, October 26, 2007 ONTARIO ENERGY BOARD Original signed by Kirsten Walli, Board Secretary • -5- ONTARIO ENERGY BOARD • Ministry of the Environment Drinking Water Management Division 14th floor 135 St. Clair Avenue West Toronto ON M4V 1 P5 October 11, 2007 Ministere de I'Environnement Division de la gestion de la quafite de I'eau potable 14e etage 135, avenue St. ClairOuest Toronto (Ontario} M4V 1 P5 Dear Owners and Operating Authorities: Q Ontario The Municipal Drinking Water Licensing Program is a new approvals framework for municipal residential drinking water systems based on Justice O'Connor's recommendations, in Part Two of his Report of the Walkerton Inquiry. It is the result of much collaboration with the water sector, including .many owners and operating authorities of municipal residential drinking water systems. On behalf of the Ministry of the Environment, I extend my sincere thanks for the tremendous input and effort so many have put forward to get to this point. The ministry is committed to working with you as you begin to implement the Licensing Program. As such, the ministry, along with the Ontario Water Works Association (OWWA) and the Ontario Municipal Water Association (OMWA), will be conducting a series of workshops across the province beginning in October 2007. The workshops are designed to help you better understand the requirements of the Licensing Program, address any issues or concerns you may have, network with other owners and operating authorities and ask questions of ministry staff and those municipalities who have completed their operational plans. The workshops will be free to all participants and "Director Approved" Continuing Education Units (CEUs) will be issued. You should have received an a-mail from OWWA/OMWA and/or Ministry of the Environment about registering for the workshops at which time you will be able to find further information on OWV1/A and OMWA's websites at www.owwa.com and www.omwa.orq In order to further assist your organization, I have included a workshop flyer, a program overview fact sheet, an operational plans submission options fact sheet, and a roles and responsibilities fact sheet to help guide your efforts as you begin implementing the Licensing Program. Additional information on the Licensing Program and related topics can be found on the ministry's Drinking Water Portal at: www.ontario.ca/drinkingwater. Starting in .2008, the Walkerton Clean Water Centre will be providing a set of courses specifically created for the Licensing Program; please visit www.wcwc.ca in the upcoming months. It is important for owners and operating authorities to develop and implement their own operational plan to realize the full benefits of quality management. If you have any questions about the program, please contact Tim Archer, Licensing Program Coordinator at 416-314-0548. As always, I look forward to our on-going work together to help protect Ontario's drinking water and to keep it among the safest in the world. Thank you, ~~ ~~~~~ ~ Keith West Assistant Deputy Minister (A) /Chief Drinking Water Inspector ® 1921. (02/2005) 100 % Recycled Chlorine Free. Made in Canada W~~~ Walkerton Clean Water Centre `' p `~,, ': ,~_ l`` ~~ 1 .~ ~" ~, ~.. ,\ .i ~.. } ~~ 4 /: f ~ , ~.~. ,~,~~ '/ !~ ~~ i L, ,~ aY ~• "_~x _~"' "_' ~4 New Training Courses for Municipal Drinking Water Licensing Program The Walkerton Clean Water Centre in cooperation with the Ministry of the Environment will provide province-wide training to assist municipal drinking water system owners in meeting the requirements of the Municipal Drinking Water Licensing Program. The training program will include the following courses: The course material will first provide an overview of the origins of the DWQMS and discuss various Quality Management Systems, specifically, ISO 9001, ISO 14001 and HACCP and their relevance to the development of the standard. The course will then focus on al121 elements of the DWQMS, and how they relate to the preparation of an Operational Plan. ~~-~2~~~ 1`.S ~,yu~-::_~.~iT, .,_.~. r -- ~. ~}' ''~ y, i3,..2~". -'v'F. )~~_~; n.l~~r t..~.,.o'v.. y.: Risk Assessment and Emergency Management are essential elements in the preparation of Operational Plans to meet the DWQMS. This course will provide participants with step-by-step procedure examples, and case studies on both of these elements focusing on how they relate to drinking water systems. The course is intended to build upon the material provided in the Ministry of the Environment document Implementing Quality Management: A Guide For Ontario's Drinking Water Systems. New to audits? This course will train municipal drinking water system staff on how to develop a procedure for yearly internal audits. Under the Municipal Licensing Program, an Operational Plan needs to document a procedure for internal audits that: ~' conforms with the requirements of the Drinking Water Quality Management Standard, L~ identifies internal audit criteria, frequency, scope, methodology and record-keeping requirements, ~' considers previous internal and external audit results, and C~ describes how Quality Management System corrective actions are identified and initiated. "Director Approved" Continuing Education Units (CEU's) will be issued to participants completing these courses. Dates and Locations will be posted on www.wcwc.ca in the coming months. For more information contact the Walkerton Clean Water Centre 220 Trillium Court, Bldg. 3, PO Box 160 Walkerton, ON NOG 2V0 Phone: 519-881-2003 Toll Free: 866-515-0550 Fax: 519-881-4947 .~ .,~ , E 1:k r~ ~ !1i (i It s;kO2+~ drinking water I~e.r.~sas~ti f~sgE~ratsr? The Ontario Ministry of the Environment, Ontario Water Works Association & Ontario Municipal Water Association invite you to attend a Municipal Drinking Water Licensing Program workshop Tagil r 11 YT1(?i (', il~(7L1~;; • the new licensing process • drinking water works permits • quality management systems • operational plans 'Wl~er~? • the accreditation protocol • audits • statutory standard of care Sessions will be held free of charge in the following municipalities: Toronto -October 16 Sudbury -- October 23 Timmins -- October 25 a _...__ ~-_ __ - _ --- Orillxa -October 30 Thunder Bay -- November 6 W}xo sho~rl~ at;ter~d? Dryden -November 8 Napanee -- November 20 Cornwall -- November 22 Chatham-Kent -November 27 _=n _~ ---- - - _---- - _ -- ------ Guelph -- November 29 • owners (e.g., mayors, counsellors, CAOs, clerks) and operating authorities (e.g., managers, OROs, operators) of municipal residential drinking water systems. Why should I at;t~r~d:j These sessions will: • help you to better understand your requirements for the Licensing Program including your legal responsibilities under the Safe Drinking Water Act, 2002 and its regulation as it relates to the program • help you to develop operational plans on your own • include ministry staff to answer your questions • include municipalities who have already completed their operational plans and will be available to answer your questions • provide an opportunity to share ideas, best practices and common issues • allow you to network with other municipalities of similar size • offer "Director Approved" Continuing Education Units (CEU's). ~Iodv to re~~i~t~r To register, please go to the OWWA or OMWA's websites at www.owwa.com or www.omwa.ore~. ® Printed on recycled paper PIBS 6485e ..,~; ~ rte€~u~ci~,al ~ ~~. _ drinking water _. _ ltrt~~lEUa f?rac~r~t1~ Municipal Drinking Water Licensing Program Roles and Responsibilities Ii~ti°«c~uction Part Two of the Report from the Walkerton Inquiry recommended a new approvals framework for municipal drinking water systems and that the framework incorporate the concepts of quality management to enhance the protection of drinking water. In response, the Ministry of the Environment has developed the Municipal Drinking Water Licensing Program under the Safe Drinking Water Act, 2002 (SDWA). Various parties are involved in the implementation of the Licensing Program, including owners, operating authorities, the ministry, an accreditation body and auditors. This fact sheet provides a general overview of the roles and responsibilities of each party and briefly summarizes how the program relates to the statutory standard of care imposed by section 19 of the SDWA. Rc~iP~ end Responsibilities Section 44 of the SDWA lists six components that will be required to be in place before the Director issues a drinking water licence: 1. a drinking water works permit for the system 2. operational plans for the system that satisfy the requirements of the Director's Directions 3. proof that the system will be operated by an accredited operating authority 4. proof that the financial plans for the system if required, satisfy the requirements under the SDWA 5. proof that a permit to take water has been issued for the system, and 6. the Director is satisfied that the system will be operated in accordance with the requirements of the SDWA and the conditions to be imposed by the licence. Specific timelines have been set for several of the six components; however the Director will require all components to be in place before a licence is issued to owners. The Licensing of Municipal Drinking-Water Systems Regulation, 0. Reg. 188/07 (Licensing Regulation) prescribes the dates for owners of municipal residential drinking water systems to submit the following to the ministry: • an operational plan for acceptance by the Director • an application for a drinking water works permit, and • an application for a licence. The Licensing Regulation also sets the date that an accredited operating authority must be in charge of a system. The following table provides a general overview of how some of the roles and responsibilities are distributed among the parties involved in the Licensing Program. ® Printed on recycled paper PIBS 6485e `I'~~~ Nf~nic,itaal ~rin~ing ~~tter I.~ic~n~iri~ ~'r~~~ra~n and tli~ ~tanc~~~9r~ c~~' (;are Section 19 of the SDWA imposes a statutory standard of care on persons who oversee municipal drinking water systems. Part of the Licensing Program requirements will assist in this regard by requiring that system owners undertake financial planning and implement a quality management system. An example of how the licensing program assists is through the proper development and implementation of an operational plan documenting a quality management system. Such a plan would be required to include: • a policy that will commit the owner and operator of the drinking water system or systems to providing safe drinking water and to complying with applicable legislation and regulations • key information about every residential drinking water system owned by a municipality • a process for risk assessment that is required to be completed and/or reviewed at least once every 36 months • a description of organizational structures including roles, responsibilities and authorities for both the owner and operating authority • a procedure for an annual review of the adequacy of the infrastructure needed to operate and maintain the drinking water system and a commitment for the operating authority to communicate the findings of the review to the owner • a procedure for sharing sampling, testing and monitoring reports between the owner and operating authority about the safety of your municipality's drinking water • an outline of responsibilities of the owner and the operating authority of the drinking water system during emergency situations • a commitment to continual improvement through corrective actions a procedure for conducting a management review at least once every 12 months that evaluates the continuing suitability, adequacy and effectiveness of the QMS and to report the results of this review, including identified deficiencies, decisions and action items. The information contained here is intended to give general information only and must be read in conjunction with the legislation and regulations that outline specific requirements and procedures. If you have any legal questions about the program or interpretation of the legislation or regulation, you should consult a lawyer. The Director's Direction: Minimum Requirement for Operational Plans, the Accreditation Protocol: Operating Authorities -- Municipal Drinking-Water Systems, the Drinking Water Quality Management Standard and general information on the Municipal Drinking Water Licensing Program can be found on the Drinking Water Ontario portal at www.ontario.ca/drinkin water or call the Licensing Program Information Centre at 1-877-955-5455 (Toronto area 416-314-1651). Copies of the Safe Drinking Water Act, 2002, and the regulations and other instruments made under that Act can be found at www,e-laws.gov.on.ca or call the ministry's Public Information Centre at 1-800-565-4923. 3 7 drinking water z~._ . Operational Plans -Municipal Drinking Water Licensing Program Submission Options 5af~ Il~~ir~l~ii~~ ~V6~~~,t~_- ~ctj ~(!I) ~~al ~W~) Ontario's SDWA is part of a comprehensive legislative framework established by the Ontario government to protect the safety and quality of Ontario's drinking water. Regulations made under the SDWA stipulate the detailed requirements for drinking water systems, testing services, quality standards, certification of drinking water system operators and drinking water quality analysts, as well as compliance and enforcement. M~;~~~~r°il-d=E~ IB~~~e~I~s~~~a ~h~~~;~~~ Iaicae~~~i~~ ~6~°ca~r~~.r~~ ~~~e1 Opej~~f;ic~j~~i I Ial~-~~: The Municipal Drinking Water Licensing Program is a new approvals framework for municipal residential drinking water systems. Under the program, owners and operating authorities are required to incorporate the concept of quality management into the operations of their drinking water systems. This requirement is facilitated through the Director's Directions: Minimum Requirements for Operational Plans made under the SDWA which require that the processes and procedures of the Drinking Water Quality Management Standard (DWQMS) be detailed in operational plans for each drinking water system. It is important that owners and operators work cooperatively in the preparation of operational plans. For each drinking water system, owners are required to submit operational plans to the Ministry of the Environment in accordance with the Director's Directions and operating authorities must submit owner endorsed operational plans to the accreditation body as part of the accreditation process. The deadline for the submission of operational plans by system owners is prescribed by the Licensing of Municipal Drinking-Water Systems Regulation, 0. Reg. 188/07. Submission deadlines are phased over an 18-month period between January 2009 and June 2010; the order generally requires owners in larger municipalities to submit their operational plans first, followed by medium-sized, then small municipalities. At the same time the owner submits their operational plan to the ministry, the operating authority should submit their application, including the owner-endorsed operational plan, to the accreditation body. In response to stakeholders concerns and to ensure adequate development time for operational plans, flexibility has been built into the required content of the plans. The Director's Directions provide three content options, as outlined on the following page. ® Printed on recycled paper PIBS 6485e (11/16/2007) Dean lorfida -One (1) Resolution Page 1 From: <communicate@amo.on.ca> To: <diorfida@niagarafalls.ca> Date: 10/3/2007 6:17 PM Subject: One (1) Resolution TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL Please see the below resolution passed by the Council of the Township of Wellington North, October 1, 2007 The Council of the Corporation of The Township Of Wellington North At Its Regular Meeting Held On October 1, 2007 Approved The Following Motion. WHEREAS in June 2007, the Ministry of Environment released new regulations which were added to Reg 170/03 of the Safe Drinking Water Act, regarding the number of annual lead samples to be taken per drinking water system; and WHEREAS under these regulations, the number of annual samples required has increased substantially depending on the population served by a municipality's drinking water system(s); and WHEREAS the additional sampling requirements will result in increased annual sampling and labour costs which must be covered through increased water rates to the consumer; and WHEREAS the number of samples required are not proportionate when comparing small drinking water systems to drinking water systems of larger municipalities of 100,000 or more; and WHEREAS due to amalgamations, many small municipalities are responsible for multiple small drinking water systems that are separate systems located in a small geographic area, NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Township of Wellington North calls upon the government and the Honourable Minister of Environment to reduce the lead sampling requirements for small municipal water systems proportionately to the number of samples required for larger municipalities of 100,000 or more ;and FURTHER BE IT RESOLVED THAT amalgamated municipalities with numerous small water systems be allowed to consolidate these systems for the purposes of identifying the total population served and perform the required lead sampling proportionately within their water systems based on the total population served; AND FURTHER that copies of this resolution be circulated to all municipalities across the Province of Ontario with water systems with the request that they pass similar resolutions of support and forward copies of their resolutions of support to their local MPP's and the Ministry of Environment. For further information, please contact: Lorraine Heinbuch, Chief Administrative Officer/Clerk The Corporation of the Township of Wellington North 7490 Sideroad 7 West, P. O. Box 125, KENILWORTH, ON NOG 1A0 Telephone: (519) 848-3620 Ext. 32 To: Dean Iorfida'; Fm:OGRA 11:34 10/02/07 PG 001 _ t 3r ~<<;.... f~ "'rti!"l;.,id;~.i+ !'r?' .d,•,lT.P.a%f•~}t'.Y7L,': (l:{'.;i ~Ctab~r 1, ~~~}~ ~_~~~;~~~ ~:~:r,~s~,~t=~r.hY, V"i~~a~f:), 4.?IJi'f ::;1. 11,~}P;:i'„ckii_,~.4wdc: ~'~~~ ::~?')i'I' ~',,.11~:7 f I'„,L..Y::.r-'S•3 ~. +4t to '~.YIJ'.;... t :,;7, .~~. C:" i Tu lltc H~;aii &. Me;tn4~ars c)i' ~'c)txncil: F't.~rsiaRtnt to Section ~5 of the C~anstitr,ttic.)rr i)f'th~; C)flt$ll(:) (7()l,)d~ Iz.Ci<3Ci~ f~tStiaCl.s1:G].C)17, I;he Nom.inati~{; C'arryaaittee sli.~~ll repart to the A~uiu~l Canferenec its naminatic7ns fos• 12 ~it~'ec,l.ur3. Thy; rulic)wiri~ rrt~:rriher:~ c,)f the f3t~~ircl wink ~.Gtt<.)n~~~ti.c~lfy serve an t:li.e ~0(1$~ ~(1U9 k3aard af'I)ir~ctars in t;hc:lallawin~ cftpstciiy: f'resid~nt Gavin I.,erki.e, T3irectaa~ cll'Ra~uls c~ Tra~spaz~tt~.tian, C`iry of Landau ttit Vice-.Prc.~id~:i~.t ~:,:t-ic Rt~th~*klorcl, ~'c~t~iaf~illar, M,~nii;ipality ofGr~a~~sto~~ immediate Pzst. FresiclenY. 1i~xx I Inrrisan, Ca~~ncillor, City of f,~aainte 1~Iest "i~l~ase nan~inated U,y the Nnn~inati~i~ ~:artui~ittc:c sl~all Ue scicctcd Pram GGRI~' s mwzicil7~.E t~lernbcrship pursuant to the .rcq~a.i.rc~a~cr~ts far ~cn~r.~.p.ki.i.c rcprescntatiara. ual.~.i:ained ul~ Sectian.ll of th.~ Cazastit:tition, and so far as passible naa.i~.~.tainin.~; aal e~«<~l balancr~R h~;tw~en el~xctuil and al~pai~~rts~d r~pre;~i_„sstativLs. ~. ('ull cc~fsy i)f` ihc: C:.onstituticm can be rrit;vved an the {3C;I~A web-site: htt}~://www.ogre.arg/tllcs/C)CiR.tlC.anstih.ttion-~3Y- LAV11.pd1: The fi~tk)wi.n~ illcunlhent llirectc>rw luivt; put their narni: li~r~uarci wis#ling to aantinlic to rcpxcsent their respective Banes: 1Vnrfh 63 to h~ elected) John Carley C`.cat~zl.ciflar. City of Timtl~ins R.icl: Ciaat~apa~n7e C'i~itria:illur, 'I'clwrxshi~~ af';ast lae:.rris Alan 1Corell C:i.i:y 1z~~ineer, City of North Bay To: Dean Iorfida; Fm:O~Rfi 11:35 10/02/07 PG 002 ~~ar~tllz~vest (Z to be clueted) 'Ti aril 13atcmarl Coulaty Fn~;ineer ~:~1]nty 1;33~X ~;t~rs#h ~'.entral (3 to the clct.tetf) I7avici Fawcett .f.h;)7u~y Maycrr Muruciplllity o.f"Grt~y Hig}zlatads Soattixeast (2 to b~ clcotc~) Ken 1-lii~, ]4~ayor, .I.or~vrlslnip of ~'l'.I.ISSC~I '~"oronta (2 tt~ be cte~'t~~) Joh~~ Niedl:a l.)ircetor, City oCTaronl.o E,ic~i<1icc~ke York District City of T'oronlo 3r~anlle VandLrheyclery l:)eputy M~Iyo.r Towllsltip of"Strathroy-C:aradoc 1'au.l .iohnson C?E~er~xti.ot~;~ .Maa7.a~;~.~~ E~r~llnty raf' We:liil~gE.r~n Dcs1r. NEc.Dr~nald C"o~tt~ty E~~gi.a~~er iJnit~;ci t.',outlties of Stormont lli~ndt~s & Glengarry 7•r~Inspori:atl.on Se.i•viccs 11. vac~3zlc;y will gist. in. th.c South C'c~tr•~li cone i'or 1111 aB~l~p4~liltC(D A'4~]CCSC11t~t1VC AI1(1 lil the City ofTaronto for ate c~crtco~ r'c{~r'~`bC~9att;l~e. "7"iae South. C~nixa) 7.c~ne consists of rnunicipal.it.ies in and incittding the C:oulaties o:k' C')ufferirl, Cirt;y, Sillluou, rta~tl Wollin~ton, and l~~tlnicip~llitics in anc! i.n.c.l~.tding the Regiollttl Ml~nici.pafitias of 1~71lrhrirn, lIaltcm, Niagara, Peel ~utci York, ~zt~cl the City of Hamiitan.) ,At1y oGRA ixzunicipal m~:mber iI1t6;F~5iC(~ ic3 l7e.i.xj~; rr~nsidered as a i:lirldi(liite i'ur a pasi.tiQn on the t3o~lyd rr1•Llirer..tors gust co-7~~lete I.h~ flit~tc-hed N~~rn.inat.iran f',on~;en1: fin-m anti sui_In~it it ait>ng witl~t their resta~ia.o ko tla~ tlttet7tion of the C'fia.ix of tla.e Nr~ntinati.ng C'c~a~,Irlittee by no Inter tlaf~aa 4 ?uYok~~r ;~ 1, ?()Q7. 1^ a.x yot.ar ili:torniatic~n ir7 9t)5-7~)5-26G~, c- n1ai1 to i.nfo~i;ogra•org or mail t<> t~GR11, C~3S5 lti~.ta.~a.eciy I'~1}acl, E.lrtit Z, Mississauga, (?ni:iuiu LET 21.,5 To: Dean Iorfide; Fm:OGRA 11:35 10/02/07 PG 003 "1't~.e Notnitiatin~ C:atxttnittee will meet ita Novetnl~er to recotttrrtend a slate o#~ Uificcrs and l:)irectors tc~ tl~e memhershi~. '('he merr~hs:rs of the 4„omrr-ittcc arc: {=.hair: 'iony ~'revedel, c~CiI~A ltxatneciiate laast ~resiclertt Mc;~hc:rs: Tom S~tcxnart UCsRA l~i.rcctcar Rich Charnpagnc, C3GRA I)ir~~utc7r John CtarlS=, UUI~ L7irectar Helen Maul:,ocid, f.?C~R..A Pa~t.1'rei;iden#. Any clt~c~tions re~!'~rrlin~; the Norninatinn ~rnccss nr. se.n~irt~; c)t~ thc. Board c7ff:).izcr,.ts.7rs can he ~Ii~-cu(ed tCr ih~ under:i~r~etl al jge; ~s() Try, z.[~r~, 'Ycyurs truly, ~~~~ J. W , 'I'icrnay, Exec~.xti~~e Dire~tc~r c: Tony Frc~~edcl, Chair, ~iomin~:~i;in~ C01111T]i1,t,c;G To: Dean Iorfida; Fm:OGRA 11:35 10/02/07 PG 004 ~~i~ ~$~ ~A~3rlaGpe4'T"~~ 6355 tCENNEDY ROA[?, fJNlT 2 Mf~S~SAUGA, QNl"ARIC7 L5'r 2L5 TELEPHONE 905-795-2556 FAX ~J05-7Q5-2650 ~VC~~ilal~e~~'~~N~~G~S~#VT F~JR91~ Please Prim ~andiidat+fti frar 2Qp~-2449 ~t~~td~ E~t~ard of directc~r~ Name Pa~iti~n Municipality dominated by Dame i'asition Municipality ,econdod by Name ~'o~itiort Murlicip~ality candidate's consent Candidate's Signature Qate Tl~is form must be receiived by fax ~~~-79~-2664, a-rail (joeo~ra.org? or maid t® ~r~it 2, 63 Kennedy Read, 11iAS5185r1i1cG~s'll, drat. L5T 2La t47 the attention dAf Tony IPrevectel, ~ha6a° rsf the hiominatinc~ Ct~ra~riraittee, by 4:00 p.rr~. an Qctober 31, 2007. ~~or /~wrrd~,a~Y,i~,s~ ffice des transports du Canada September 28, 2007 TO ATTACHED MAILING LIST Dear Sirs: Re: No. 2007-AGR-426 dated September 28 2007 Enclosed herewith is a copy of the above-noted Order. File No. R8050/669-030.41 For any additional information, you may communicate with Maude Leblond by telephone at 819-997-1228 or by facsimile at 819-953-5564. ~- Sincerely; r 'r ~~~~~ l t;, / ~~.~- Decisions and Submissions Unit Secretariat Encl. Ottawa (Ontario) Ki A ON9 www.otc.gc.ca Ottawa Ontario K1 A ON9 www.cta.gc.ca Office ~~'_~ Canadian des transports Transportation du Canada ~'~,, Agency 4~ y~i ,~~ - vti: ~4ld~-~t_.. ARRETE N° 2007-AGR-426 September 28, 2007 le 28 septembre 2007 RELATIF a une entente entre la Compagnie des chemins de fer nationaux du Canada, la Municipalite regionale de Niagara et la Ville de Niagara Falls conformement au paragraphe 101(2) de la Loi sur les transports au Canada, L.C. (1996), ch. 10, modifiee, concernant la reconstruction et I'entretien du franchissement routier ou se croisent la route regionale 57 et le point milliaire 30,41 de la subdivision Stamford, dans la vine de Niagara Falls, dans la province d'Ontario. Reference n° R8050/669-030.41 Le 12 septembre 2007, i'Office des transports du Canada (ci-apres 1'Office) a re~u une lettre de la Compagnie des chemins de fer nationaux du Canada en date du 5 septembre 2007, a laquelle etait 'jointe une copie de 1'entente qu'elle a conclue avec is Municipalite regionale de Niagara et la Ville de Niagara Falls, relativement aux travaux vises dans 1'intitule. conformement au paragraphe 101(2) de la Loi sur les transports au Canada (ci-apres la LTC), 1'entente susmentionnee est assimilee a un arrete de 1'Office autorisant la construction ou 1'entretien du franchissement, ou repartissant les coots afferents, comme le prevoit I'entente. ORDER NO. 2007-AGR-426 IN THE MATTER OF an agreement between the Canadian National Railway Company, the Regional Municipality of Niagara and the Corporation of the City of Niagara Falls pursuant to subsection 101(2) of. the Canada Transportation Act, S.C., 1996, c. 10, as amended, relating to the reconstruction and maintenance of the road crossing at Regional Road 57 and mileage 30.41 Stamford Subdivision, in the city of Niagara Falls, in the province of Ontario. File No. R8050/669-030.41 On September 12, 2007, the Canadian Transportation Agency (hereinafter the Agency) received a letter from the Canadian National Railway Company dated September 5, 2007, which enclosed a copy of an executed Agreement entered into by itself, the Regional Municipality of Niagara and the Corporation of the City of Niagara Falls, with respect to the work set out in the title. Pursuant to subsection 101(2) of the Canada Transportation Act (hereinafter the CTA), the above-noted Agreement becomes an order of the Agency authorizing the parties to construct or maintain the crossing, or apportioning the costs, as provided for in the Agreement. Canada