What does legitimate public consultation on the Lake Simcoe Protection Plan look like in the middle of a global pandemic? In April, the Rescue Lake Simcoe Coalition asked its 26 member groups to discuss this question, and we have been sharing the opinion below with the province since.
The province missed the 2019 deadline for the statutory review of the Lake Simcoe Protection Plan, an indication (among many) that protecting the environment is not a priority for this administration. Too bad, because in retrospect it would have been simpler to get experts together starting in 2018 to produce and review the science that should inform proposals to change Lake Simcoe Protection Plan (LSPP) policies.
Instead, the government is caught on its back foot, behind schedule, and lacking expert advice, having cut funding that allowed two mostly-volunteer committees of experts to advise the province on both the evolving science of the lake, and the implementation of the LSPP.
I know, because I sat on these committees. They were starting to prepare advice for the minister of the environment and climate change to guide the LSPP review in 2018. But committees like these stopped meeting, all over the province, as the government cut “red tape,” no longer funding the cost of travel or food for meetings. The tap of practically-free advice was turned off. Not wanting to stand idly by, I stepped down as chair of the Lake Simcoe Coordinating Committee in late 2018.
The province doesn’t have the conditions in place, or the expert advice it needs, to do a major policy review of the Lake Simcoe Protection Plan any time soon. The province has two basic choices:
A. Do an administrative review of the Lake Simcoe Protection Plan, tidying up redundant or out-of-date regulations, but not touching the policies or targets of the LSPP. Focus instead on implementation, specifically better protecting and restoring forests and wetlands, and aggressively bringing down phosphorus loads through a strengthened Phosphorus Reduction Strategy. Phosphorus loads to the lake have gone up since the Lake Simcoe Protection Plan came into force.
B. Take the time to get it right. For a robust and legitimate review of the Lake Simcoe Protection Plan and its policies the Rescue Lake Simcoe Coalition and its 26 member groups suggest that the following conditions are needed:
1. The Lake Simcoe science and co-ordinating committees need three days of meetings, with scientists, to get up to speed and have their questions answered, to provide their feedback to the province on the scope of the review. Some members of the committees are new; it is not reasonable or responsible to expect them to provide good advice about a plan they are not yet familiar with.
2. If the Lake Simcoe Science Committee endorses the release of a current Lake Simcoe Monitoring Report, which provides adequate information upon which to make adaptive management decisions (i.e. tracks progress toward targets), we suggest that the review can start three months later. This gives analysts and the government the necessary time to evaluate progress and make thoughtful recommendations.
3. Environmental Bill of Rights and the Environmental Registry of Ontario must be up and running. The Statement of Environmental Values must be considered by decision-makers. In April, 2020, the Ontario government passed a regulation under the Environmental Bill of Rights (EBR) that exempts new laws, regulations, or policies that will impact Ontario’s land, air, water and/or wildlife from going through a 30-day consultation period. The optics are simply not good for the government if they proceed with a major piece of environmental policy review without adequate public consultation.
4. Social distancing measures must have eased such that people would attend open houses. The province could use online consultations only, and certainly this will be part of the solution. But one of the essential components of public participation in policy review is the ability to ask questions, and equally, hearing other people’s questions is an important part of public debate. Without the ability to hold open houses, and engage people in dialogue, feedback is more likely to be from paid professionals, a dynamic that supports profit-oriented interests more than non-profit and public ones.
5. There must be First Nations representation on the Lake Simcoe Coordinating Committee and the Lake Simcoe Science Committee.
The Lake Simcoe Protection Plan includes “principles to guide our efforts.” These are self-explanatory, but it is worth reminding the province that they are expected to use them. For instance, the review process should use the Adaptive Management Approach of the Lake Simcoe Protection Plan, which is to:
Continuously improve and adapt our approaches, policies and management by incorporating new knowledge and innovative design, practices and technology from ongoing science and monitoring. This will allow the plan to evolve and improve over time based on new science and implementation experience.
It is not easy to do adaptive management. Monitoring data and implementation analysis must precede proposals to change management actions or policies.
And finally, despite budget crises and competing views on economic recovery, the health and prosperity of communities across the Lake Simcoe watershed still depends on a healthy environment. Indeed, the watershed’s sustainable recreation sector generates $420 million per year. Luckily for us, the LSPP’s first objective is to “protect, improve or restore the elements that contribute to the ecological health of the Lake Simcoe watershed, including, water quality, hydrology, key natural heritage features and their functions, and key hydrologic features and their functions.”
If we achieve this objective, Lake Simcoe will be a model for living within the limits of nature, which is ultimately the challenge of our time.
Written by Claire Malcolmson, the executive director of the Rescue Lake Simcoe Coalition.
Through the summer of 2019, the Rescue Lake Simcoe Coalition undertook an important project: to map the parts of Simcoe County’s landscape that are protected, highlight vulnerabilities, and make recommendations on how to further protect them for future generations, with strengthened policies, property acquisitions and conservation easements.
The maps and report are timely, as the Lake Simcoe Protection Plan is up for review late in 2019, and there is a consultation underway on proposed changes to the Provincial Policy Statement. Both provincial policies could be strengthened to increase the amount of land that is protected from land use changes.
The cartographers employed in the research found that just 14% of the total land area in Simcoe County is in the “best protected” category, and 58% is “somewhat protected.” Some of the “best protected” areas are vulnerable to permits for aggregate extraction.And 99% of the area in the “best protected” category is protected by the Province’s natural heritage protection policies. If these policies were weakened, we would be left with a much smaller and weaker Natural Heritage System in Simcoe County.
While all involved in the business of protecting natural areas understand that the policies that protect natural features may change, the Coalition suggests that linkages between the patches that are well-protected by policy are the top priorities for protection. These linkages create a cohesive, protected network through which water and wildlife can move, rather than disconnected patches. It is a “death by a thousand cuts” to the Natural Heritage System that worries the Coalition; those cuts tend to occur in areas identified as “somewhat protected” in the report. These include the crucial linkages between well-protected patches of forest and wetland.
The Lake Simcoe Region Conservation Authority updated their Natural Heritage System and Strategy in 2018; it includes these linkage areas, but does not change the policies applied to the landscape unless a municipality adopts the NHS in their Official Plan. This is our recommendation to all Simcoe County municipalities that have not done so already.
Protecting greenlands is good for our water, our economy, and our way of life: wetlands regulate water flow, filter water, help control flooding, and provide wildlife habitat and recreational opportunities. Forests also help filter water and regulate water flow, create oxygen, and provide habitat for wildlife. And healthy, naturalized shorelines and river banks shade and cool the water while also protecting from soil erosion, slowing erosion’s contributions to the lake’s phosphorus pollution problem.
RLSC’s report also contrasts Environment Canada’s “How Much Habitat is Enough?” recommendations for Southern Ontario with Simcoe County’s current wetland and forest cover. While wetlands coverage is within Environment Canada’s recommended range, wetlands are being lost, and forest cover of 22% is nowhere near the forest cover target for healthy aquatic ecosystems of 50%. Further, forest cover is unevenly distributed across the County. Developing local and specific targets for forest cover and wetlands would be a good next step towards increasing the resiliency of Simcoe County’s landscape and water quality.
There is absolutely reason for hope: because Simcoe County’s Natural Heritage System is so big, there is ample opportunity to increase the amount of land that is permanently protected, if the County, municipalities or the province go beyond what today’s Natural Heritage protection policies require. The report provides recommendations for the province, municipalities, and landowners, ranging from expanding the Greenbelt into Simcoe County, maintaining or strengthening the provincial policies that protect wetlands, forests, and shorelines, developing strong tree-cutting bylaws and exploring land trust options.
The opportunity to get it right in Simcoe County should inspire engaged citizens, planners, and our governments, to develop an approach to land use planning that permanently protects an adequate amount of green space, and prepares us for an uncertain future.
The Coalition hopes its maps and research will be useful for land trusts’ identification of priority areas for protection. The Coalition is presenting the results of its research to land trusts on November 7, 2019, by Zoom webinar. Please contact us if you would like to be included. We want to collaborate with land trusts and share our results.
The report and maps are available for download here.
Written by Claire Malcolmson, Executive Director, Rescue Lake Simcoe Coalition
The Rescue Lake Simcoe Coalition is a lake-wide member-based organization, representing 22 groups in the Lake Simcoe watershed, that provides leadership and inspires people to take action to protect Lake Simcoe. www.rescuelakesimcoe.org
When the Lake Simcoe Protection Act was passed in 2008, the Rescue Lake Simcoe Coalition, its member groups, Environmental Defense, and Ontario Nature celebrated the passage of the best watershed-based legislation in Canada. Ten years later, the Province is getting ready to review the Lake Simcoe Protection Plan (LSPP). It’s time to learn what the Lake Simcoe Protection Act and Plan do, and how they are performing.
This article first appeared in the spring 2019 edition of Lake Simcoe Living magazine: https://www.lakesimcoeliving.com/
We will all have an opportunity to voice our support, concerns, and priorities for the LSPP to the Province when they announce their LSPP Review consultation plans. The Rescue Lake Simcoe Coalition will keep its members up to date on this file.
What does the Lake Simcoe Protection Plan do?
The science-based plan aims to restore Lake Simcoe’s incredible cold-water fishery. To do this, phosphorus levels have to come down significantly in order to increase the oxygen available to fish in the deeper parts of the lake. It’s an all-hands-on deck exercise, since we need to cut phosphorus loads from farms and developments, urban run-off, streams, septic systems and sewage treatment plants, while doing a better job of protecting the watershed’s forests, wetlands, shoreline and stream bank vegetation.
What was strengthened under the Lake Simcoe Protection Plan?
- Better protection of forests, wetlands (and buffer zones around those features), shorelines and stream banks from development and site alteration. The RLSC’s research finds that 26% of the watershed’s land is well protected natural cover, but this falls well short of the LSPP target of 40% “high quality natural cover” in the watershed;
- Tougher Sewage Treatment Plant phosphorus caps. Municipalities are improving the technologies used to remove phosphorus and other nutrients and pollutants from their wastewater plants’ effluent. The greatest reductions in phosphorus loads between 2005 and 2015 came from improved treatment technologies at sewage treatment plants, down 46%;
- The Lake Simcoe Phosphorus Reduction Strategy, 2010, should lay out a plan to achieve the target phosphorus load of 44 tonnes per year by 2045, but doesn’t quite. The annual phosphorus load is not going down enough; 2005 – 2010 and 2010 – 2015 periods both averaged 85 tonnes / year;
- Systems to reduce the growing phosphorus load from new development: Improved stormwater management and development guidelines must be followed in new development applications. If phosphorus still flows off the site, the developer pays $35,000 / kg of phosphorus exported / year. Revenues of the Lake Simcoe Phosphorus Offset Program are used locally for retrofits of existing developments and stormwater management systems that pollute the lake;
- Provincial staff at the Ministry of Environment, Conservation and Parks and $20 million in Provincial funding, for LSPP implementation;
- Mandatory inspections of septic systems within 100 meters of water features, every 5 years;
- Mandatory inclusion of subwatershed plans in municipal Official Plans. Subwatershed plans outline actions to be taken locally, to achieve the objectives of the LSPP;
- Better science, monitoring, and oversight by Lake Simcoe Science Committee and the multi-stakeholder Lake Simcoe Coordinating Committee. These committees meet quarterly to review and comment on scientific research and LSPP implementation actions, and provide yearly advice to the Minister of the Environment, Conservation and Parks.
Despite these amazing efforts, particularly by the Lake Simcoe Region Conservation Authority, Lake Simcoe’s phosphorus levels are not going down as much as expected. The LSPP review provides an opportunity to say, “more funding, and better implementation plans are needed to achieve key ecological targets in the Lake Simcoe Protection Plan.” Let’s do that, together.
Download the Rescue Lake Simcoe Coalition’s “Protect Our Plan” priorities and the Lake Simcoe Protection Plan at: https://rescuelakesimcoe.org/resources-2/
Author: Claire Malcolmson is the Executive Director of the Rescue Lake Simcoe Coalition (RLSC). The RLSC is a lake-wide citizens’ umbrella group that provides leadership and motivates people to take action to protect Lake Simcoe. RLSC represents 22 local organizations and clubs in the watershed. For more information, and to join the RLSC email list, see www.RescueLakeSimcoe.org
‘Can we conquer Lake Simcoe’s phosphorus monster?’ Philip Brennan asks on the 10th anniversary of the Lake Simcoe Protection Act
Reprinted with permission from the July 2018 Lake Simcoe Living magazine
We all know how important water is to life itself and many of us take for granted that it will always be plentiful and of good quality. Others are shocked and dismayed at how much water we waste on such processes as bottling water and washing gravel. There are significant indications that we are not doing enough to protect our precious water and the benefits it provides.
In a 2016 review of the Growth Plan for the Greater Golden Horseshoe (GGH) in 2016, Kevin Eby, from Friends of the Greenbelt, noted that the GGH is forecast to grow by almost four million people over the next 25 years, many attracted by the high quality of life — a quality of life that depends on a sustainable supply of clean water. A great place to look for clues regarding the health and nature of our water supply is the Lake Simcoe Watershed, home of the “gold standard” in watershed planning in Ontario.
Lake Simcoe is the fourth-largest lake wholly in the province of Ontario. For many, it is our summer and winter playground; for the very fortunate among us, it is home. But here is the kicker: studies say that new development in the Watershed could add 18-percent to 25-percent more phosphorus to the lake by 2031. If that is not chilling enough, the Five-Year Review of the Lake Simcoe Plan notes that chloride concentrations (primarily from road salt) have increased four-fold since 1971.
Pollution problems in Lake Simcoe were already severe in the 1970s, and scientists determined then that the most likely cause was eutrophication — excess nutrients, mostly phosphorus, entering the lake. Because the lake was so important to the many people using it, the Ministry of the Environment started monitoring the water in 1971. The Lake Simcoe Environmental Management Strategy program, which started in 1981, contributed to lowering phosphorus inputs. Phosphorus levels decreased further after 1989 when the Canadian Environmental Protection Act set limits on phosphate concentration in laundry detergent.
The next major step toward protecting Lake Simcoe’s health came with the development of the 2008 Lake Simcoe Protection Act — the first lake-specific legislation of its kind in this country. The act led to the creation of the 2009 Lake Simcoe Protection Plan for the almost 3,000-square-kilometre Watershed. Responsibility for implementation is shared between the province, the Lake Simcoe Region Conservation Authority and the municipalities. The Chippewas of Georgina Island First Nation also strongly support the Plan and its initiatives. In addition to the policies, regulations, monitoring and studies that were developed to improve the health of the lake, the value of acting locally has been critical to the success of the plan, with 35 of the policies being the responsibility of Watershed municipalities. At the local level, through stewardship activities, hundreds of restoration and on-farm projects have been completed to reduce nutrient loading to the lake.
The Phosphorus Reduction Strategy Implementation Plan was released on July 7, 2010, and a new strategy will formally begin in June 2019. The strategy states that for the period 2004 to 2007, the average annual phosphorus load to the lake was approximately 72 tonnes per year(T/yr), coming from several sources. The strategy notes that prior to major settlement and land clearing in the 1800s, the annual phosphorus load going into the lake was about 32 T/yr. The Lake Simcoe Phosphorus Load Update for 2012/13 to 2014/15 by LSRCA notes a five-year average of 85.5 T/yr. The strategy calls for a long term goal of 44 T/yr to support a naturally reproducing and self-sustaining lake trout population. In his 2016 Annual Report, Glen Murray, then-Minister of the Environment and Climate Change, reported that between the 1980s and 2016, water quality showed signs of improvement with springtime phosphorus levels decreased, while the end-of-summer deepwater dissolved oxygen level increased.
Phosphorus levels, however, have been rising overall, and should serve as a warning that we need to do much more to improve water quality in the Lake Simcoe Watershed. The bottom line is that even with the “gold standard” in watershed planning, Lake Simcoe’s phosphorus monster is a challenge to conquer. At stake are millions of dollars in tourism business, tens of thousands of jobs, safe, clean drinking water for local communities, and our quality of life.
Let’s review where the phosphorus strategy and our changing landscape have taken us. What battles are we winning? Where are we losing ground? Some great work has been done to improve the health of the Watershed. In addition, new science and technology is emerging that promises to make a significant contribution. But a close look reveals that we need to be very careful and determined to have the Watershed we all hope for.
To begin with, let’s look at the information that we have on hand from the Phosphorus Reduction Strategy. We know that when the volume was 72 T/yr, 31-percent was from urban runoff and stormwater; 27-percent from the atmosphere; 25-percent from rural and agricultural sources; 7-percent from sewage treatment plants; 5-percent from septics; and 4-percent from the Holland Marsh and smaller polders. The best success story in implementing the Phosphorus Strategy to date has been the reductions in loads from sewage treatment plants, as reported in the 2016 Annual Report on Lake Simcoe. Improvements in treatment technology and upgrades to existing plants have resulted in a significant decline in the phosphorus load generated by these facilities.
Another tool that seems to have made a significant contribution to reducing phosphorus is the new building code regulation that requires the inspection of septic systems every five years. These systems were estimated to contribute 5-percent of the phosphorous load (there are almost 4,000 septic systems within 100 metres of the lake). There is also an associated incentive program to repair, upgrade and replace faulty systems.
Then there is the Holland Marsh, which contributes 4-percent of the phosphorus going into the lake. It consists of five polders that are about 3,000 hectares of former wetlands drained between 1925 and 1930 for agricultural use. As part of the Phosphorus Strategy, a significant effort has been made to ensure that farmers and vegetable washing operators wash, process and discharge the water according to the requirements of the Ontario Water Resources Act.
The Holland Marsh this year played a part in one of the most innovative approaches ever for dealing with phosphorus management when it hosted the top 10 contenders in a global water contest that pitted successful phosphorus reduction technologies against one another. The team that demonstrates the safest, most affordable and scalable means of removing phosphorus from waterways will be awarded $10-million. Now that is motivation!
So, what about the estimated 25-percent of phosphorus loading from rural and agricultural sources? The Five-Year Report Card on Lake Simcoe does not provide a quantitative conclusion on this matter so it is prudent to assume that this is still a serious problem.
There is a surefire way to have clean water and healthy soil. That is to follow through on the Ontario Federation of Agriculture’s election campaign priority — Producing Prosperity in Ontario. The thrust of the document is to secure greater access to infrastructure investments for rural communities and farmers. This vision for prosperity, however, is missing a key ingredient as presented. If we want to move forward with infrastructure investment we should be planning to protect our good farm land above all else. Protecting farm land will enable a healthy sustainable agri-food sector and provide multiple environmental benefits. For instance, if farm land is protected through the extension of the Greenbelt into the rest of the Lake Simcoe Watershed, our farmers will have incentive and confidence to invest in farm infrastructure.
A Greenbelt designation forces others to work with existing agriculture operations rather than forcing farmers to adapt to development, aggregate operations or infrastructure, potentially negatively impacting their farms’ viability, as has been the case in the past. Losing good agricultural land to urban sprawl is not consistent with a healthy Watershed. We need to give farmland the respect it deserves. We need to protect farms and the important contribution good farmers make to a quality environment.
There are two more sources of phosphorus to consider in looking at the future of Lake Simcoe: the 27-percent that comes from the atmosphere and the 31-percent from urban runoff and stormwater. Major sources of atmospheric phosphorus come from unpaved roads, construction sites, agriculture, aggregate operations, burning fossil fuels, pollen and generally exposed soils. The Report suggests there is significant room for improvement in this area.
Finally, the 31-percent that comes from urban runoff and stormwater may be the most offensive chemical cocktail that washes into our creeks, rivers and Lake Simcoe. New development, poor and inadequate stormwater infrastructure, improperly maintained stormwater ponds, significant increases in the amount of paved areas, loss of vegetation along streams, loss of wetlands and forest areas, and the failure to plan for the challenges of climate change make this the single biggest challenge for the survival of Lake Simcoe. The good news is that lots of good work has been done to deal with urban runoff and stormwater management. The LSRCA has been working to incorporate low impact development practices into new developments. The goal is to reduce the amount of stormwater by minimizing impervious surfaces, treating stormwater as a resource rather than a waste product.
The final piece of the war chest available to reduce runoff from urban, rural and agricultural sources is to protect and enhance the natural cover in the Watershed. The Lake Simcoe Plan establishes a target of 40-percent quality natural vegetative cover in the Watershed. Ideally, this would be proportioned into each of the 21 sub-watersheds that make up the whole system. Eight sub-watersheds have low levels of cover, however, and there is a need to improve and protect wetlands that can filter out phosphorus.
There is also a great need to rehabilitate natural cover in developed environments. This natural cover is critical for mitigating the effects of intense storms that we are already experiencing as a result of climate change. It is a fundamental requirement for protecting our cold water streams that are critical to having a healthy ecosystem. The pre-election proposal by the Ministry of Municipal Affairs to study the possibility of extending the Greenbelt was an exciting and timely one. This would be strong legislation — far better than any of the existing greenland designations now in place.
Philip Brennan retired from public service after 35 years, including 14 years with the Ontario Ministry of the Environment where he managed a team to implement the Lake Simcoe Protection Plan. He is a volunteer with the Simcoe County Greenbelt Coalition. Read his complete article at lakesimcoeliving.com. He can be reached at firstname.lastname@example.org.
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