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Be
active before a government sneak-attack hits you in the face MANOTICK — Restrictive government regulations on farming are just beginning, says a retired Winchester dairy farmer who has been following groundwater issues for 20 years. Ontario has adopted the environmental model that swept Europe and strangled operations that would make Canadian farmers shudder, says Denis St. Pierre, 58. How it works is that governments introduce many pieces of legislation, they come at you in waves and from all sides, he said. That way you don’t see the hammer coming down. It starts by pushing one piece of legislation at a time because it’s easier to swallow, he says. It’s like forcing farmers to eat an elephant by taking small bites. In Ontario’s case, the first piece of legislation is the Nutrient Management Act, which is passed through OMAF because farmers still think OMAF is working for them, he said. "But it’s the back door of government." Then comes an onslaught of rules from different branches of government. St. Pierre said that this so-called "multi-stakeholder approach" to protecting natural resources is increasingly being used by different levels of governments across North America. St. Pierre points to the evidence. In the area of safe drinking water, there are new rules facing farmers from the Ontario Water Resources Act, the Environmental Protection Act, Environmental Assessment Act, Health Protection and Promotion Act, Farming and Food Production Act, Safe Water Drinking Act, the Sustainable Water and Sewer Systems Act and the Nutrient Management Act. Now a new wave of water protection legislation is on its way and will include restrictions on farming in areas close to municipal wellheads, insists St. Pierre, who is presenting his message to groups across eastern Ontario. St. Pierre said he was asked to sit on the Eastern Ontario Water Resource Committee but declined because he said the Ministry of Environment already has the end result in mind. The end result, based on similar experiences in Europe, is to increase the restrictions on farm operations the closer they are to residential water sources, he said, adding that in some cases in Europe, farming next to wellheads were banned. Critics argue that St. Pierre, who sat on a provincial groundwater committee, is guessing at what might happen. But he says that’s how governments want it. They start out deliberately vague so that you can’t argue with them. As for the local water resource committee, it talks about well-head protection areas but not exactly what restrictions will apply. Without knowing how farmland will be affected, the resource committee writes in its 2004 report: "If someone wishes to challenge the use of the accepted (Well-Head Protection Area), such as through a court hearing, the burden of proof is on them to demonstrate that they have been mapped improperly." St. Pierre says if no restrictions are coming, then there is no need for the water resource committee to write about "court hearings" and "burdens of proof." What can a farmer do? "Knowledge is number one," he says. Section 34(1)3.1 of Ontario’s Planning Act under the Ministry of Municipal Affairs "provides zoning powers to the municipalities to specifically prohibit any land use or buildings in sensitive groundwater recharge areas, headwater areas and aquifers." That means the province is downloading re-zoning powers to municipalities, he says. "Find out what zoning is happening at the municipal level and get active. Keep on top of the official plans." You also need strong organizations and lawyers to back you up, he adds.
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