May 11, 2026 Ministry of…

May 11, 2026

Ministry of Municipal Affairs and Housing
Local Government Policy Branch
777 Bay St., 13th Flr.
Toronto, ON M7A 2J3

Re: Mississippi-Rideau Source Protection Region’s comments on “Communal drinking water and wastewater system municipal consent requirements” (ERO#026-0302)

The following comments are in response to the ERO posting # 026-0302 to encourage greater adoption of non-municipal communal water and wastewater systems to support new housing development.

We appreciate the opportunity to provide comments and share our knowledge and expertise. These comments are provided on behalf of the Mississippi-Rideau Source Protection Region. These comments reflect the feedback received from both our trusted and respected Source Protection Committee and our Municipal Working Group with strong membership from our 31 municipal partners.

In order for a communal drinking water system to be established, a Municipal Responsibility Agreement (MRA) is required. MRAs are legal agreements between a municipality and a developer/utility. In most cases, it also includes context about the municipality’s responsibility to assume ownership if the system owner defaults.

If the proposed communal system defaults and ownership transfers to the municipality, Source Protection work will be required under the Clean Water Act. The Municipality would be required to undertake a Section 34 Amendment to include this new municipal system in the Source Protection Plan to ensure it’s protected from contamination and overuse. This Amendment would be conducted in a way similar to any new municipal drinking water system.

The most important comment we want to stress is that early Source Protection planning needs be completed as a “criteria or condition” from the municipality before the communal system is approved.

1. If Source Protection work is required, after the communal system is approved and established, it will be difficult and confusing to consult with existing landowners and manage compliance.
- For example, an existing longtime landowner may now have a mandatory requirement to inspect their septic system every 5 years and complete any necessary upgrades, or a place of business now requires a Risk Management Plan and they have a responsibility to put in place new mitigation measures within a mutually agreed upon timeframe. In both these instances, mitigative measures are at a cost to the landowner.
-Please be advised, Part IV Risk Management work is no longer covered by MECP through a funding agreement (formerly Drinking Water Source Protection Implementation Fund), therefore this work comes at a cost to the landowner (user fees) or municipality.
-Compliance is difficult. Compliance is even more difficult if the rules/regulations/legislation now apply but previously haven’t. If Source Protection planning and work is done in advance of the communal system’s approval, everyone is informed early about potential future obligations and there are no surprises.

2. A Section 34 Amendment can be a time-consuming and expensive process for municipalities.
-Source Protection work must be completed in accordance with the Technical Rules (2021), and there are required minimum studies and information.
-This work must be completed by qualified professionals. Most municipalities do not have staff in-house with the capacity or experience to complete this work.
-Municipal staff require Council support and direction, which takes time and careful consideration.

3. Knowing where vulnerable drinking water areas are early, allows the municipality to consider including protective policies in their Official Plan or Zoning Bylaws to proactively protect these sensitive areas. This means re-directing high-risk land uses outside of vulnerable areas where drinking water is at risk of being contaminated.

In conclusion, alongside the rest of the work the developer/public/private utility is completing (ECA etc.), Source Protection work should be initiated early and should be a requirement of their approval. It demonstrates due diligence, identifies vulnerable areas early, sets the framework for easier adoption in the future and would put the onus on the applicant to manage technical studies, which can be time consuming and sometimes expensive. Protecting our sources of drinking water needs to happen when the planning of a new communal drinking water system is being considered, it needs to be at the forefront of planning discussions and not an afterthought “now that the rules apply.”

Thank you for your time and consideration.

Kind regards,

Mississippi-Rideau Source Protection Region