Action Alert

EBR Registry No. 010-1636

In December 2008 the unanimous support of all provincial parties in favour of the Lake Simcoe Protection Act reflected the recognition of the need to protect Lake Simcoe as a valuable public resource and integral part of the province's natural heritage system. The passing of the Act was celebrated by individuals and organizations as a chance for Premier McGuinty to live up to his promise of protecting the lake for future generations. The introduction of the draft Lake Simcoe Protection Plan, however, has raised concerns with the very same groups that heralded the Act. Without further action to strengthen the proposed Lake Simcoe Protection Plan, the lake will not be protected now and for future generations.

Ontario Nature, as a member of Campaign Lake Simcoe, supports the following sections of the Plan as a strong foundation for protecting Lake Simcoe:

1. Targets for natural cover restoration and protection
2. Limiting phosphorus and managing the Lake as a watershed instead of planning unit
3. Use of the adaptive management approach and the precautionary principle to guide the implementation of the Plan

These strengths will likely ensure that corrections can be made if the Plan's targets fall short of restoring the ecological health of the watershed.

Despite these positives there remain significant deficiencies which must be addressed. Of greatest concern to those around the Lake is the potential for developers to ignore the environmental protection provisions of the Lake Simcoe Protection Act and Plan. Campaign Lake Simcoe’s recommendation regarding exemptions for development projects¹ was explicit:

Large scale developments and marina resorts such as Big Bay Point must be consistent with the Act, and we must not allow grandfathering of projects lacking final permits or regulatory approvals. Existing marinas must be better regulated and restrictions placed on the development of new marinas and boat launches. New significant shoreline alterations must be prohibited.

There now rests a huge onus on stakeholders around the Lake and staff at the Ministry of the

Environment to safeguard an important principal in our democracy: we do not exempt anyone from complying with environmental law, no matter what Planning Act approvals are in place, or who you know.

We urge everyone who is interested in the future of Lake Simcoe to become involved in the development of the Lake Simcoe Protection Plan by:

1. Posting your comments on the Environmental Bill of Rights Registry 010-4636 (www.ebr.gov.on.ca) before March 16, 2009 (sample letter provided below)
2. Faxing and mailing your comments to the Lake Simcoe Project Team before March 16, 2009
   (416) 327-9823
   55 St. Clair Avenue West, 7th Floor
   Toronto Ontario M4V 2Y7
   
   ¹ Campaign Lake Simcoe. 2008. What it Takes to Save Lake Simcoe: A Citizen Response to "Protecting Lake Simcoe: Creating Ontario’s Strategy for Action" Discussion Paper.
   
3. Attending the upcoming community partner workshops and voicing your concerns for the gaps in the draft Lake Simcoe Protection Plan
   Newmarket – February 20, 2009
   Orillia – March 4, 2009
   
   To register for the community partner workshops go to www.communicor.ca/lspp/.

On February 20th the Plan For Success: A Citizens' Response to the Lake Simcoe Protection Plan, by Campaign Lake Simcoe, will be released providing additional information about actions for citizens, like you, to respond to the draft plan. For more information on Campaign Lake Simcoe, supporting documents on the Lake Simcoe Plan and backgrounders on the entire campaign, go to http://environmentaldefence.ca/campaignLakeSimcoe/home.php.

SAMPLE LETTER

DATE

Ms. Liz Unikel
Senior Policy Coordinator
Ministry of the Environment
Environmental Programs Division
Lake Simcoe Project Team
55 St.Clair Avenue West
Floor 7
Toronto, Ontario
M4V 2Y7

protectlakesimcoe@ontario.ca

Dear Ms. Unikel,

I am pleased to be able to comment on the Lake Simcoe Protection Act. While the Plan is very good with respect to targets for natural cover restoration and protection, excellent at limiting phosphorus and solid in regard to managing the Lake as a watershed instead of planning unit there are still significant deficiencies that must be addressed. The adaptive management approach and the precautionary principle, which both guide the implementation of the Plan, should ensure that corrections can be made if targets fall short of restoring the ecological health of the watershed. Despite these positive aspects, significant deficiencies in the Plan must be addressed.

Of greatest concern to those around the Lake is the potential for developers to ignore the environmental protection provisions of the Lake Simcoe Protection Act and Plan. During the consultation phase for the Lake Simcoe Protection Act, Campaign Lake Simcoe’s recommendation regarding exemptions for development projects was explicit: Development proposals currently in the planning system must not be grandfathered past the current recommendations, or there will be dire results for the health of the watershed.

Additional primary concerns include:

1. "Settlement areas" will be expanded or created: The lake has likely already reached the threshold for impervious surfaces. Further development will weaken the integrity of the ecosystem by stripping habitat, removing buffer strips and altering the flow of water within the system.
2. "Resorts" and "Marinas" fly under the radar: Settlements calling themselves "resort developments" can easily be approved under current draft of Lake Simcoe Plan.
3. Enforcement is conspicuously absent: A lack of clear monitoring and enforcement system will likely result in transgressions of the Plan going unnoticed and/or unpunished.
4. Lack of plan for reaching natural cover target: Without a plan to restore areas of natural cover, it is unclear how targets will actually be met.
5. The dissolved oxygen level target needs to be timed properly: A clear stipulation that the dissolved oxygen level must be reached by mid September of each year is the only way to ensure that this target will effectively protect the cold water fish of the Lake.

I value Lake Simcoe as a valuable public resource, integral to Ontario’s natural heritage system, now and for future generations. I appreciate having the opportunity to comment on the draft Lake Simcoe Protection Plan and hope to see my suggestions reflected.

Sincerely,
Your name and address

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