Environment minister tables highly anticipated Water Act

P.E.I.'s environment ministertabledthe province'sfirst ever Water Actin legislature on Thursday.

• New Water Act would ban water exports
• 7 suggestions for new Water Act legislation

Calling it "an historic day for Prince Edward Island," Robert Mitchell unveiled the 46-page document, detailing how the province plans to protect the provincial water supply.

"One thing that we all know, Islanders are very concerned and passionate about water supply, water quantities on Prince Edward Island," Mitchell said,"how we treat our water, where we're using our water."

Fracking banned, if act passes

Since draft legislation was made public back in March, a prohibition preventing hydraulic fracturingon P.E.I. has been added to the bill.

In the next number of months we'll be able to have that definitive piece that's missing to say"this is where we're moving with high-capacity wells."Robert Mitchell

"No person shall engage in hydraulic fracturing within the jurisdiction of the province for the purpose of exploring for or obtaining any oil or natural gas, and no authorization to do so shall be given or valid under any enactment," reads the act.

The act also prohibits water exports from P.E.I., and it will require all wells with a capacity greater than fivegallons per minute which is just above household size to have a permit.

Currently, permits are only requiredfor wells above 50 gallons a minute.

Penalties and fines were also slightly changed.

Any person who violates regulations in the act will be subject to either a fine between $1,000-$10,000, imprisonment for 90 days or both.

Whereas a corporation that violates regulations in the act will be subject to a fine ranging between $10,000-$100,000.

More public consultation needed

One thing Mitchell said hasn't been dealt with in the legislation is how to proceed on the issue of high-capacity wells.

The province enacted a moratorium on allowing new high-capacity wells for irrigation in 2001. The prospect of lifting that moratorium led to a series of highly-charged public meetings in 2014, which ultimately led to the recommendation for a provincial water act.

• Farm irrigation wells under moratorium at least another year
• Maintain moratorium on high-capacity irrigation wells, says report

"I've had many discussions with Islanders about our moratorium on high-capacity wells," Mitchell said.

"We are missing a piece of science that we currently are having work done In the next number of months we'll be able to have that definitive piece that's missing to say'this is where we're moving with high-capacity wells.'"

Mitchell said research is being done in each watershed to determine how much water can be withdrawn before local waterways and wildlife are adversely affected.

"We do not know the effects of withdrawal levels [and] to what degree that will affect aquatic life in our waterways. That's our most important piece."

Mitchell said the research will be used to develop regulations for the act, and the regulations will be put forward for public consultations in the new year.

He said the act won't come into effect until the regulations are complete about a year from now.

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