Toronto - A group of residents in Grey County, Ontario has won an important victory in a lengthy battle to protect their groundwater. The ruling from the Ontario Superior Court of Justice, released today, affirms municipal authority over the use of water, and clarifies that the Ministry of the Environment does not have full control over how water is used in the province.

Ruling affirms municipal control over water, province not the final authority

November 21, 2002

Toronto - A group of residents in Grey County, Ontario has won an important victory in a lengthy battle to protect their groundwater. The ruling from the Ontario Superior Court of Justice, released today, affirms municipal authority over the use of water, and clarifies that the Ministry of the Environment does not have full control over how water is used in the province.

"This a significant victory for groundwater protection that puts public interest ahead of profit," said Burkhard Mausberg, Executive Director of Environmental Defence Canada, a national environmental organization supporting the local group's efforts.

Artemesia Waters Ltd., a large water bottling company, wants to build a water storage plant on agricultural land in Artemesia Township (now the municipality of Grey Highlands), south of Owen Sound. The plant would allow almost 500,000 litres of water per day to be taken from the area, putting at risk a nearby provincially significant wetland and a fish stream. The local official plan and zoning by-law do not allow the land to be used for commercial water taking, storage or loading.

Despite the local zoning by-law, the Ministry of the Environment gave the company permission in 1999 to take groundwater, up to 176 million litres per year. The following year, Artemesia Waters asked the County and Township to change its by-law to allow the company to extract and load water onto transport trucks. The company's request was turned down, and it appealed to the Ontario Municipal Board which eventually ruled in Artemesia Waters' favour.

A local group, The Grey Association for Better Planning, appealed the Ontario Municipal Board decision to Divisional Court at the Ontario Superior Court of Justice, arguing the Board failed to consider water taking as a land use in making its decision. The court agreed, stating: "In deciding that the taking of water was not a use of land and in confining the subsequent hearing to issues relating to the storage and loading of water, the Board was refusing to consider an essential, if not the most essential, aspect of the appeal before it."

The court has ordered the Ontario Municipal Board to carry out a new hearing that will look at the taking of groundwater as a land use.

"It's a great decision that will help municipalities and groups like ours across Ontario preserve their water," said Peggy Hutchison, spokesperson for the Grey Association for Better Planning. "This is also a victory for citizens groups working alongside their municipalities."

"This ruling clarifies the way the Ontario Municipal Board should be dealing with environmental issues even where other governments have made decisions," said Rodney Northey, Birchall Northey, legal counsel for the group.

The Grey Association for Better Planning will hold a news conference on Thursday, November 21, 2002 to discuss the implications of the case, and the next steps. Please join the group's president, Anna Scott, at 3:30 p.m. at Steven's Restaurant in Markdale, Ontario.

About Environmental Defence Canada
Founded in 1984, Environmental Defence Canada (www.edcanada.org) gives Canadians the tools and knowledge they need to protect and improve the environment and their health. Environmental Defence Canada was previously known as the Canadian Environmental Defence Fund.

About Grey Association for Better Planning
The Grey Association for Better Planning (GABP) supports the opinion of local governments and citizens that they can protect their natural resources for present and future use through their land use plans. Incorporated in 1990, GABP promotes good land use planning in Grey County and its municipalities. GABP works with the province, the county, municipalities and local associations to develop consensus on a vision for the future economic and environmental health of the county.

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For more information, please contact:
Rod Northey, Birchall Northey, 416-860-1412
Peggy Hutchison, Grey Association for Better Planning, 519-922-2033, cell 705-441-3944, our_...@hotmail.com
Anna Scott, Grey Association for Better Planning, 519-794-3259
Jennifer Foulds, Environmental Defence Canada, 416-323-9521