Comox Valley Water Watch Coalition
Protecting our Water
C.V. Drinking Water Reference Guide- NEW EDITION now available
2011 CV Drinking Water Reference Guide- by Sonya Marie Jenssen - Abstract
Understanding the source to tap routing of one’s drinking water is a complex task. This guide intends to simplify a multi-faceted process without losing the complexity involved in the protection, treatment, maintenance, and monitoring of drinking water supply systems.
The management of a drinking water system touches all government jurisdictions, the municipal, provincial, and federal each with some level of responsibility for water quality and quantity. An extensive legislative framework and subsequent practice is in place to ensure that Canadians receive safe drinking water; even so, concerns continue to arise over the governance and management of water quantity and quality. Specific areas of concerns include climate change impacts, the use of chlorine, water quality on First Nation’s reserves, emergency preparedness, and water conservation measures.
This guide is designed to move readers through the source to tap path that drinking water travels everyday to households. Examples will be taken from Comox Valley water suppliers to highlight the working nature of legislation pertaining to water sources, along with the treatment, maintenance, and monitoring of our drinking water.
Ultimately, this guide hopes to inspire and inform the reader about the complexities involved in providing safe, clean drinking water to your taps at home and work. The next time you drink a glass of water take a moment to reflect upon the matrix of ecological and human ingenuity necessary in ensuring that each and every glass of water does indeed sustain your life.
“Water is life’s mater and matrix, mother and medium. There is no life without water”.
~Albert Szent-Gyorgyi 1893-1986, Hungarian Biochemist, 1937 Nobel Prize for Medicine
Sonya Marie Jenssen, M.A.
Water Policy and Research Specialist
Your Water Your Future
Coal Mine Coming - Open house Wed Oct 28
In brief, the mine would be an underground mine starting above Fanny Bay and reaching to Baynes sound , producing about 2 million tons a year of coal with 700,000 tons of waste.
We must know how much water the mine will use, where they will ge the water, what they will be doing with the polluted water from washing the coal, and what the mine's impact on water, wells and aquifers will be.
The mine is having their 1st public open house the Weds. October 28th at the Fanny Bay Hall from 4p.m.- 9p.m.
They will be asking what they need to cover in their environmental assessment. If you put your questionon the record, they will have to answer them.
Coal's responsibility for greenhouse gases and global warming are not part of the environmental asssessment , but that doesn't mean those questions should not be raised.
BC has a carbon tax on heating fuel for your house, but we sell lots of coal to add to global warming.
This has impacts for the whole of Vancouver Island not just Fanny Bay !
Please attend this open house and show the coompany you care !
4-9 p.m. Weds. Oct. 28
Fanny Bay Hall
For more information on this project go to
Standing room only in Fanny Bay
CVRD Water Open House June 11, 2009
C.V. Water Watch is asking you to attend:
The Comox Valley Regional District's WATER FORUM
Thursday, June 11th from 3:30 to 7 p.m. Florence Filberg Center
– City of Courtenay, City of Comox, CVRD, B.C. Hydro, Ministry of Environment, VIHA, DFO, Timberwest, Comox Valley Water Watch, Courtenay Fish & Game Club, School District 71 students.
Find out about:
Regional Water Strategy
Water Wise Program
Quality and treatment of water
Drinking Water Protection
Come out and get involved. Your Drinking Water needs your interest and participation.
Ask questions about
Can your drinking water sources meet the needs of future growth?
What is the 4-3-2-1?
Does your Water source meet the new 4-3-2-1 regulations set out by VIHA?
Are smaller communities going to have to meet the new 4-3-2-1 now, then tie into a regional water system and pay again later?
When do our rural communities tie into a Regional Water source?
What is the Regional Water source? Is it protected?
Are any of our drinking watersheds protected?
Are the Timber companies planning to subdivide land around Comox Lake ?, the drinking water suply for 38,000 people.
Is there really a private power operation application on the Cruickshank River, the largest tributary to Comox Lake? How will this affect the water supply? Are there going to be special regulations for IPP’s (Independent Power Projects) on watercourses which feed drinking water supplies?
What is a deep water intake? Why are we waiting to install one till 2019?
What type of pipes deliver water to your home? Are they asbestos?
Is there money being allocated for replacing these old and hazardous pipes all over the Region?
Are Water meters the answer? When will they be installed? How much will this cost?
If you are on a limited income, how will you be able to afford all of the new infrastructure costs coming your way? Who will pay these high prices for infrastructure needs?
Do you approve when local governments grant permission for a development, then indemnify themselves in the event the community runs out of Water?
Do you think proven water supplies need to be in place before developments are permitted?
What kinds of bylaws are in place to support water conservation? What more do we need to do to support local governments to enact bylaws to better conserve water?
Who do you call, when you see exsessive sprinkling by one of the municipalities on public land ?
Why can’t I re-use my grey water, or can I?
Can I treat my rain water system and use it for drinking water?
What are the water needs of our growing agricultural community to be able to produce our food supply?
We hope that you have read this list of questions and it has prompted you to ask even more. Ask how you can participate in the Regional Water plan. How can you REALLY get the citizens voice out there and heard when it comes to your Drinking Water ?
Hope to see you there. We will be bringing our 3D-watershed map!
Comox Valley Water Watch Steering Committee
C.V. Water Watch - speaker Series
Manager of Nanaimo Regional Water Services to Speak on Cooperative Approach to Drinking Water and Watershed Protection.
On Thursday, April 2, Mike Donnelly, Manager of Water Services for the Regional Water District of Nanaimo, will speak on a new program in his district called Action for Water that is providing improved management and increased security of ground and surface water resources. The talk will be given at the Florence Filberg Seniors Lounge beginning at 7 pm. Hosted by the Comox Valley Water Watch Coalition, the event is open to the public and admission is by donation.
The Action for Water program was created over the last year to help address issues associated with impacts on the region’s water resources and to improve our approach to land use that would then assist in reducing further degradation," he says. "This was done with the help and guidance of a committee representing a variety of region-wide interests including Electoral Areas residents BC Ministry of Environment, the Vancouver Island Health Authority, the Islands Trust, local well drillers, forestry interests and conservation groups
"Population growth in the (Nanaimo) region along with existing land uses continues to put pressure on ground and surface water sources which impacts our watersheds and drinking water. These impacts have already led to negative changes in many watersheds and reduced and or contaminated ground water sources in a number of areas throughout the region," notes Donnelly
According to Kathleen Kinasewich, who heads the Comox Valley Water Watch Coalition, "It’s important to hear success stories from other regional districts, especially here on the Island. I think folks here will be greatly encouraged to learn more about Nanaimo’s program, and how residents, government and other interested parties came together to take action on water protection."
Donnelly currently oversees the operation of seven water systems and six sanitary sewer collection systems in his district ranging from small to medium sized operations with a total service population of approximately 15,000 people. In addition to the service provision aspect of Donnelly’s work, he is now responsible for the implementation of the Regional District’s newly established Drinking Water Protection service.
In addition to his 15 years of involvement in the management of public water systems, Donnelly has also managed the Region’s Liquid Waste and Solid Waste functions and was manager of Regional Transit for a number of years. He holds a Technical Diploma from the British Columbia Institute of Technology.
For more information on CVWWC and the presentation, contact:email@example.com
or call 250-335-0747. Kathleen Kinasewich
Drinking Water Protection Plan
Drinking Water Protection Plan Needed
Novemeber 18, 2008
The Water Watch Coalition is asking you to support the development of a Drinking Water Protection Plan. If you value safe drinking water in the Comox Valley your letters of support are needed right now!
The Provincial Health officer has recommended the development of a Drinking Water Protection Plan (DWPP) for the Comox Valley Regional Water Supply. Under BC's Drinking Water Protection Act the plan would become an "Order" once it was approved by Mary Polak, Minster of Healthy Living and Sport (HL&S). A Drinking Water Protection Plan is simply an order from the Ministry of HL&S for our area to start working together on a plan to better protect our drinking water supply. This DWPP would enable our region to start working together in a transparent and inclusive planning process and would allow all stakeholders and consumers of drinking water in the Comox Valley to contribute to the plan. –i.e. we will make the plan.
A key advantage to an order for this plan is that once the plan is completed it would go to cabinet and what cabinet approves will become regulation and will then be implemented. Please note that this order would not dictate the contents of the plan, but simply ensure that the plan be completed by the community. Comox Valley Water Watch Coalition is asking citizens to write Minister Polak to say you support the development of a Drinking Water Protection Plan for the Comox Valley Regional Water Supply. Tell her the safety and security of our water supply is extremely important and that the Drinking Water Protection Plan will help achieve those objectives.
This is an urgent request to act right NOW. One paragraph saying you support the DWPP is all that is needed. Even if your house is not served by the Regional Water Supply you are affected when you drink water in town, at a friend’s, or at a public event.
Hard copy letters are much more effective but you can also contact the Minister by phone, fax or email.
Send your letter to:
Minister Mary Polak
PO Box 9067
STN PROV GOVT
Victoria BCV8W 9E9
Phone: 250 387-3504
Fax: 250 387-3420
E-mail the Minister at:HLS.Minister@gov.bc.ca
In addition to writing the Minister please send a copy of your letter to Water Watch Coalition at: firstname.lastname@example.org
Campbell River's tap water places fourth
Saturday, March 14, 2009
without Provincial Environmental Assessment
without complete mapping of the aquifer
without knowledge of future recharge rate
without public consultation, unless re-zoning is necessary
without responsibility to the surrounding environment
without monitoring for volume
without limit of hours per day
without respect for seasonal and/or unseasonal levels
without monitoring for environmental impacts
without protection for domestic users, present or future
without provision for potential effects of climate change
75 litres per second = 16.50 gallons per second
4,500 litres per minute = 989.88 gallons per minute
270,000 litres per hour = 59,392.87 gallons per hour
6,480,000 litres per day = 1,425,428.95 gallons per day
2,365,200,000 litres per year = 520,281,566.20 gallons per year
4.546 litres = 1 Canadian gallon
Wednesday, October 1, 2008
The map has been to:
July 8th the map was unveiled to the community at a Public invitational Launch. The event, held at the CV Sustainability Centre, was a great success. Many members of our community had the opportunity to view the map and meet with its creator, Trevor Wicks of Trentec Innovations (http://www.innovationbc.com). (A video clip of the map’s "premiere" is available from the Shaw Cable local information channel.)
July 11 – 13th the map was on display at Music Fest. Sharing "Green Row" with other local environmental organizations.
August 23 -24th found the map gracing the grounds of the CV Fall Fair. Again, it generated a great deal of interest.
September 17th the map traveled with Wicks to Port Alberni. SOVA –the Save our Valley Alliance, based in the Alberni Valley, had invited their local governments, Chambers of Commerce, members of the business and tourism communities, environmental groups and concerned citizens to come and view the CV Watershed model.
Thursday Oct 2th when Kathleen Kinasewich of the CVWWC will display it, at the Regional District Board Room at 1:00 p.m., at the regular meeting of the recently formed CVRD Water Commission.
Oct 3 - 4th the map will be on display Friday from 9am to 9 pm at the Florence Filberg Centre at The Heart of the Watershed Symposium conference hall upper level , and on Saturday from 9:30 am to 8 pm at the Komox Band Hall. Come and visit to get a birds-eye perspective of our watersheds and the relationships they all have with the Courtenay Estuary.
October 16th Jack Minard, with the CV Conservation Strategy Steering committee, will be showing the map at a special meeting of the Comox Valley Chamber of Commerce.
November 19th the map will be back to the CVRD offices for the AGM of the Comox Valley Environmental Council, beginning at 7 p.m.
The CVWWC is very grateful to the many individuals and organizations who have given or pledged financial support for the Watershed Map (3-D). We are happy to be able provide such a fine educational tool for the entire community to learn about the source to tap relationship.
To Donate: Cheques should be made payable to the Comox Valley Land Trust, designating "3-D Map" on the memo line. If possible, please provide an e-mail address or mailing address to which your (tax-deductible) receipt can be sent.
Cash donations will be accepted at all public events; receipts will be issued for amounts of $25 or more. Mail Cheques to Comox Valley Water Watch Coalition (CVWWC) Box 320 Union Bay, and B.C., V0R 3B0. Donations not requiring a tax receipt can be made payable to CV Water Watch.
To reserve the 3D Landform map for your group or event:e-mail email@example.com or phone 250-335-0747. We will let you know when the map is available, when you can pick it up at its current location & how to transport and handle the 3-D landform map. (Basic operating instructions will be made available when signing out the map. Two or more people are required to carry the map and set it up.)
Saturday, June 14, 2008
C.V. Water Watch & C.V. Land Trust - join together for an evening of Watershed and Land Conservation talks
At that same meeting, Jack Minard, Executive Director of the Comox Valley Land Trust, will present a condensed power point version of the Nature Without Borders (NWB) report at the next meeting of the Comox Valley Water Watch Coalition. The complete report can be viewed on line at www.cvlandtrust.org.
The meeting will take place at 7 pm at the Evergreen Seniors Lounge in Courtenay's Florence Filberg Centre. Admission is by donation.
Sonya Jenssen, a Comox Valley native and research consultant to the Comox Valley Water Watch Coalition, will be giving a talk on the "water police" in Oslo, Norway. She is currently an employee of the water-and-sewage district in Oslo and has come home for a visit with the hopes of creating a partnership between her two countries.
"It is common for the municipality of Oslo to have partnerships and projects internationally. So far, I receive quite a positive response to the suggestion that Norway and Canada could learn better water management techniques from one another", says Jenssen.
She will give a short presentation on the facts and figures of Oslo water-and-sewage district before discussing how the keep it clean principle guides the protection of the drinking water source. Oslo has a history of not allowing for human activity in drinking water, yet a viable community is active in the surrounding watershed. There is a long tradition in Oslo to protect the source with the use of local water authorities, referred to as "water police" in Jenssen's presentation. Come learn what behaviour is illegal in the drinking watershed in Oslo!
The borders referred to in the Nature Without Borders report are the boundaries of our four local governments (the three municipalities and the Regional District) that comprise the Comox Valley. The report's subtitle is The Comox Valley Regional Conservation Strategy. The report identifies those areas considered most critical to the long-term health of the community. It documents which ecosystems have already been lost, which have been fragmented, and which are still intact. It proposes establishing a network of "corridors" designed to maintain and enhance the richness and biodiversity of our local watersheds, and recommends that all four local governments work together to establish guidelines for development which effectively contribute to the achievement of such a network.
To this end, the Comox Valley Land Trust has formed a community partnership with other environmental organizations, environmental professionals and individuals - the Conservation Strategy Steering Committee - which has presented its recommendations to all four local governing bodies, and has worked with their professional planning staffs to work towards enacting these recommendations in legislation.
The Comox Valley Regional District has been tasked by the provincial government, with preparing a Regional Conservation Strategy, as well as a Regional Water Plan. It would seem logical that the work that has already been undertaken in the preparation of the Nature Without Borders report be used as underlying principles within such plans.
The Comox Valley Water Watch Coalition works to ensure that all groups, elected officials and individuals interested in maintaining and improving the local Comox Valley watersheds and water sources, have the resources and education to do so effectively. The presentations Monday at 7 p.m., June 23rd at the Evergreen Seniors Lounge are sure to engage everyone in lively discussion regarding protection of drinking water and watersheds.
Thursday, April 17, 2008
It will be a separate item from the "Go Green" supplement; a map of our region is on the front cover. We welcome feedback on it from everyone. Thanks for your on-going support.
It is also available on-line at:
Saturday, April 12, 2008
According to the book review appearing on http://www.amazon.ca/, "In an argument against energy privatization, this revealing account shows how British Columbia's successful public system is being supplanted, exposing taxpayers to the risks and uncertainties associated with the United States energy market. With British Columbia's energy system gradually integrating into the larger Northwest transmission grid—a grid largely controlled by U.S. energy corporations—this survey shows how the Canadian government has gone to extraordinary lengths to assist the growth of private energy investments in British Columbia and how such subsidization poses a danger to key contributors to the province's prosperity."
"The privatization of our run-of-the-river water power resources by the provincial government is happening under the radar screen," said Calvert. "It will result in ratepayers being forced to pay billions of dollars more for their energy in the coming decades. There has been no public discussion of the long-term implications on future prices, community impacts, the environment or the ability of citizens in BC to maintain control of their electricity system in the future… Citizens need to be aware that the province is giving away our energy and environmental rights, and if the silence continues they'll get away with it."
John Calvert is an associate professor at Simon Fraser University, where he teaches public policy. He has a PhD from the London School of Economics in political science and an MA from the University of Western Ontario. He is the author of three books on Canadian public policy and economic issues and currently sits on the executive board of BC Citizens for Public Power.
Caring for, Monitoring, and Protecting
British Columbia’s Community Water
P.O. Box #39154, 3695 West 10th Ave.,
Vancouver, British Columbia, Canada. V6R-1G0
Email – firstname.lastname@example.org
Website – www.alternatives.com/bctwa
April 3, 2008
Chair & Council Members
Private Managed Forest Land Council
301 – 3980 Shelbourne St.
Victoria, B.C. V8N-6J3
Comments and Critique of PMFLC’s March 13, 2008 Decision
re TimberWest Logging Violation in Beech Creek,
Comox Lake, Vancouver Island (File IN0703)
On May 21, 2007, I registered a complaint to the PMFLC wherein I provided photos and
description of an alleged violation of clearcut logging along the Beech Creek water course by
TimberWest (the complaint is registered, along with presentation information about Comox Lake,
in a section on the Tap Water Alliance’s website, under “Community Watershed Issues”). On April
1, 2008, some ten months later, I finally received information about my complaint, a copy of
executive director Stuart Macpherson’s cover letter of March 26, 2008, and attached documents.
Reading the summary of facts, I was disappointed and astonished to learn that the PMFLC
· has rescinded its September 27, 2007 Determination charging TimberWest with a $35,000
penalty for two violations under Section 18 of the Private Managed Forest Land Council
· and found on March 13, 2008 that “TimberWest could not have contravened the regulation”,
because it “exercised due diligence under Section 29 of the Private Managed Forest Land
As argued below, I find it hard to believe that such a blatant violation of clearcut logging stretching
200 meters along a riparian zone on Beech Creek in the Comox Lake drinking watershed could
simply be brushed off because the logging company, TimberWest, was considered by Council to be
an upstanding and conscientious steward over its timberlands.
The following are the “facts” as stated from three 2007, PMFLC documents found on the PMFLC’s
As documented in Stuart Hamilton’s July 2007 CW500 Block Assessment of TimberWest’s 2005
forestry operations at Beech Creek, “the left bank was completely logged and no trees were retained
in the riparian area.” Though not specifically stated in the contents of Hamilton’s report, the map on
page three of the report indicates some 200 meters of riparian area was completely removed.
Stuart Macpherson’s July 23, 2007 assessment report to the PMFLC states on page 2: “from my
review of the facts outlined in Mr. Hamilton’s report it appears that the owner has contravened
section 18 the Private Managed Forest Land Council Regulation as during harvesting sufficient
trees along a 200 m section on one side of Beech Creek were not retained.”
Finally, in the PMFLC’s September 27, 2007 Determination, on page three it states that “all of the
trees within the area located in the buffer area between the clearcut area and an approximate 200 m
length of Beech Creek were felled and removed.” The report also states that “TimberWest does not
dispute any of the evidence presented to the investigation report as the evidence relates to
describing the events which occurred in Block CW500.”
The information clearly points to the fact that there is every reason to believe that TimberWest was,
and is still, responsible for violating Section 18 of the Private Managed Forest Council Regulation
within the Beech Creek riparian zone in the Comox Lake drinking watershed, as well stated in the
PMFLC’s Determination, and should be charged accordingly.
I did not receive, nor find on your website, a copy of TimberWest’s August 28, 2007 written
response submission, nor TimberWest’s two written submissions provided to the PMFLC during the
appeal process in November, 2007 (the submissions are referred to in the Reconsideration as
Appendix 1 and 2, but are not attached in the package I received). Seeing that I am the complainant,
I have to ask the PMFLC why these documents were not included in the package I received on
April 1, 2008, nor provided to me previously (additional concerns regarding the improper release of
information are stated below).
Conversations with Mr. Macpherson
As I read through “all” the documents provided on your website, I became troubled not only about
information reported in the documents, but also about the PMFLC and Mr. Macpherson. Allow me
During the course of 2007, following my written complaint of May 21, 2007, I contacted and spoke
to Mr. Macpherson on both his cell phone and office land line on a number of separate instances. At
no time, following the release of Mr. Macpherson’s July 2007 report, or following the release of
Mr. Hamilton’s July 2007 report, or following the arrival of TimberWest’s August 2007 response
report, or following the finding of the PMFLC in September 2007, did Mr. Macpherson inform me
of these reports, submissions or of the PMFLC Determination during our telephone conversations.
Mr. Macpherson, as described below, also failed to volunteer disclosure to me regarding the fact
that he had been informed of this violation by TimberWest in July 2005, and that he had
investigated the site in November 2005 and had, presumably, made his own determination. Mr.
Macpherson stated to me on April 2, 2008 that he was not required to inform me of these matters.
The PMFLC’s Secret Determination of September 27, 2007
Why was the complainant, nor the public, left uninformed, out of the loop, by Mr. Macpherson, or
by the PMFLC, of the Council’s Determination of September 27, 2007? I find this secrecy most
disturbing, for both personal and greater public interest reasons. Aside from the perceived rights of
a given complainant, members of the Comox Valley public, including the area’s newspaper
reporters, kept in keen contact with me throughout 2007 and early 2008 asking me for any updates
from the PMFLC regarding my complaint. Now the public is confronted with information about a
series of silent undertakings, where “public interest” has obviously been ill-served and unprotected.
The Council had formally charged TimberWest with two violations under its Regulation, and yet it
chose not to disclose this matter to the public – WHY NOT? The possible fact that the PMFLC
simply forgot to do so, or that it thought it didn’t need to, is inexcusable, that goes without saying. I
then attempted to discover the reasons behind this matter from Mr. Macpherson in a conversation I
had with him on the morning of April 2, 2008. Mr. Macpherson stated that “I actually asked
whether to make this public. I was told that it wasn’t appropriate.” I then asked Mr. Macpherson
who it was that instructed him not to make the Determination report public. He reluctantly admitted
and identified that it was the PMFLC chair, Trevor Swan, who instructed him to keep the
Determination from public disclosure.
Why would the PMFLC chair not wish to disclose its Determination to the public or to the
respectful rights of the complainant? Of what benefit could such a decision to withhold disclosure
possibly make, one might ask, based on this line of reasoning? Was there someone else behind the
scenes instructing the chair to keep the Determination internal? Those are relevant questions. I
would hazard a comment, that such a controversial decision would obviously prevent the public and
a keenly interested media from drawing attention to and investigate the violation, its nature,
TimberWest’s forestry practices within or without drinking watershed areas, and ultimately to the
larger political arena, namely the controversial recent amended legislation by the BC Liberal
government to private forest land legislation and regulations and oversight by the PMFLC.
Anyone who has been tracking the history of private forest land practices is familiar with the NDP
government’s intent in the early 1990s, following the release of the 1991 Forest Resources
Commission, to harmonize public and private forest lands under one equal legislative Forest
Practices Code – years of public complaints and investigations had led up to the debates of 1994
and 1995. That intent has come under significant amendments and weakened purposes by the
present provincial administration, leading to the present practices, violations and frenzied
entrepreneurial activities on private forest lands, many of which have come under recent and intense
Moreover, the element of secrecy seems to comply with many other governmental circumstances
and delaying tactics in B.C., where members of the public are kept from obtaining documents and
By failing to disclose the Determination and the appeal process to the public, the PMFLC has only
aided in making a smaller blemish larger, in that the later consequences, as witnessed in its delayed
March 2008 Reconsideration, may actually now create “double trouble” by newly interested
inquiring minds on its highly questionable revision.
The July 25, 2005 Email from TimberWest and Mr. Macpherson’s Subsequent Investigation
The intrigue behind the PMFLC’s secrecy to not release the Determination report doesn’t seem to
stop there. It apparently goes back a few years. In Mr. Macpherson’s assessment report of July 23,
2007 (Investigation Report: Harvesting beside Beech Creek, Comox Lake Community Watershed),
he provides some interesting, but selective, details about the subject area in question at Beech
Evidently, TimberWest voluntarily informed PMFLC executive director Mr. Macpherson in a July
25, 2005 email “of a cutblock at Beech Creek”, wherein “a reserve zone had not been left on one
side of Beech Creek” (page 1) by its logging contractor. Mr. Macpherson then contacted
TimberWest’s Manager of Forestry Programs, John Philips, leaving Mr. Philips with ample freedom
to contact Mr. Macpherson at a later “suitable date” “once (the company’s) operations had been
completed.” A copy of the email was not appended in Mr. Macpherson’s report.
Mr. Macpherson finally “completed inspection of the site” some four months later on November 17,
2005, on a helicopter flight with Mr. Philips over the infraction area above Beech Creek. However,
Mr. Macpherson failed to describe or make specific reference to the area of violation in the
summary of his inspection, only citing the “riparian buffer” that “had been left on one side along
one section of Beech Creek” (page one). What is extremely odd is that Mr. Macpherson does not
describe or refer to the violation area in question, the “reserve zone” reference by Mr. Philips in his
earlier email. Mr. Macpherson simply states “that I did not observe any environmental harm and
that TimberWest would have to apply for variance to Council”. In other words, in Mr.
Macpherson’s extremely vague accounting, he makes no remarks to the violation area in question
and then simply excuses TimberWest of any possible contraventions under the Private Managed
Forest Council Regulation. Again, a copy of the evidence, this time Mr. Macpherson’s “inspection
file”, was not appended to his July 23, 2007 report.
Then Mr. Macpherson states, based on Mr. Hamilton’s Block Assessment Report, that “it appears
the owner has contravened section 18 of the Private Managed Forest Land Council Regulation as
during harvesting sufficient trees along a 200 m section on one side of Beech Creek were not
retained” (page 2). Because Mr. Macpherson’s November 2005 inspection file is not attached, the
public has no idea of why this contradictory inspection incident was left in dormancy until the
public complaint of May 21, 2007, and the consequent Determination of the PMFLC in September
The obvious questions remain:
· Why wasn’t TimberWest charged by Mr. Macpherson for violating the provisions under
Section 18 of the Regulations in 2005 as the PMFLC later charged the company in
September 2007 for so doing?
· Would the matter have simply disappeared, or been submerged in abeyance, if the
complainant had not filed his complaint?
· Are there other, similar undisclosed instances of this that need to be investigated by some
independent, or oversight, agency?
Irrelevancy in the March 13, 2008 Reconsideration
The issues stated in the PMFLC’s four-page long March 13, 2008 Reconsideration document that
rescinds the Council’s September 27, 2007 well-reasoned Determination against TimberWest,
following the appeal hearing in early November 2007, appear to be irrelevant and obscure.
Without TimberWest’s two written submissions that led to the Council’s 180 degree shift, it is
difficult to understand the details behind the Reconsideration. That is why I am requesting a copy of
the submissions from the PMFLC. Meanwhile, I must rely on the summary statements provided by
the Council concerning TimberWest’s appeal arguments.
The reason for my stating the Council’s issues are irrelevant is because they simply appear to be so.
A contract is a contract, no matter who may execute the contract for the delegated licensee. If
TimberWest’s unidentified contractor had failed to carry out the owner’s riparian harvesting plans
that TimberWest apparently and so diligently discussed with its contractor, then TimberWest, under
contract law, is liable for any infractions, plain and simple. And, if TimberWest is so charged, it can
seek compensatory remedies under the law against its own contractor. That’s the way the business
world operates, or so we expect.
However, the PMFLC has provided some special, provisional loop-hole exemptions for
TimberWest and its contractor in its Reconsideration, exemptions that seem to be lacking in logic.
There seem to be two main arguments.
The first is that TimberWest had somehow “exercised all due diligence” regarding the violations
previous to its contractor actually clearcutting the buffer zone. What this has to do with the
violations is not clear, merely that it seems that the presumed intent of TimberWest was to prevent
the violations from occurring by its contractor. That, of course, does not change the fate of what
occurred. The Council now seems intent on believing that TimberWest is no longer responsible for
The second Council argument is that “the removal of the buffer area” was somehow unforeseen,
“not reasonably foreseeable”. What the Council seems to be saying is that the clearcutting incident
was ‘accidental’. If it was clear from Council’s deliberations that TimberWest had practiced “due
diligence”, and that its contractor did not “move a marked harvesting boundary”, how could the
violation have been ‘an accident’? There isn’t a discussion about this important question.
Furthermore, Mr. Macpherson states in his July 27, 2007 report assessment that TimberWest failed
to make “an application for exemption from the tree retention requirement for large streams (section
18) under section 3” (page 4), ruling out any possibility by the PMFLC to excuse TimberWest in its
Reconsideration. The way that the Council seems to wiggle out of this murky and confusing
argument is that if “the [clearcutting] event was reasonable (sic, “reasonably”) foreseeable,” i.e.,
that the violation was not an accident and was done purposely by the contractor, then “the Council
is” somehow “satisfied that TimberWest took all reasonable measures to prevent the event from
occurring.” So, if TimberWest isn’t responsible, and its contractor isn’t responsible, then who is?
Answer: nobody. That conclusion is sheer nonsense.
What do these week arguments by the PMFLC mean, one might ask? What they mean is that the
PMFLC no longer intends to charge TimberWest for the violations, even though there are no firm
grounds provided in the Council’s revisionist finding for not charging the company. When one takes
a careful examination of the arguments in the Reconsideration they merely amount to hollow
In line with the spirit of the day, there may be another message here governing community
watersheds in private forest lands, namely that an already weakened law can easily be bent by a
decision-making body which apparently operates, through the behest of the provincial government,
beyond public involvement, scrutiny and accountability.
Beyond the burdensome technicalities related to recent controversial laws that now allow logging in
community watersheds, community watersheds ought to be fully protected on both public and
private lands, under one law for all.
Coordinator, B.C. Tap Water Alliance
cc. Comox-Strathcona Regional District Board of Directors
Comox Valley Water Watch Coalition & Vancouver Island Water Watch Campaign
Save Our Valley Alliance (Port Alberni)
Rich Coleman, Minister of Forests and Range
Bob Simpson, NDP opposition Forests & Range Critic
Barry Penner, Minister of Environment
Shane Simpson, NDP Environment Critic
Pat Bell, Minister of Agriculture and Lands
Dr. Perry Kendall, Provincial Medical Health Officer
Jane Sterk, BC Green Party Leader
John Wareing, David Suzuki Foundation
Jill Thompson, Sierra Club, Victoria
Joe Foy, Western Canada Wilderness Committee
Marilyn Burgoon, Slocan Valley Watershed Alliance
West Coast Environmental Law Association
Ecojustice (formerly Sierra Legal Defence Fund)
Comox Valley Record
Comox Valley Echo
Vancouver Sun newspaper
Vancouver Province newspaper
CBC News Network
CKNW Radio, Vancouver
Georgia Straight newspaper
Victoria Times Colonist
Sunday, March 9, 2008
March 6, 2008 (yesterday), CBC-TV's The National, featured a story on "a yet-to-be released federal report, prepared by more than 100 Canadian scientists on behalf of Canada's Department of Natural Resources”. The report focuses on the impact climate change will have on the country. It says water levels in Alberta and British Columbia are already dropping dramatically, as are the levels of the Great Lakes. The result could be a shortage of drinking water, the report says. It also warns that industries that rely on water - oil, gas, hydro-electricity, agriculture, even salmon farming - will also suffer."
The full article can be read at,http://www.cbc.ca/canada/story/2008/03/06/climate-study.htmlMarch 6,2008 (yesterday), I attended a conference to examine Water Governance, held in Nanaimo. The conference was attended by about 75 people from Victoria, the Cowichan Valley, Nanaimo, Port Alberni, the Comox Valley and Campbell River areas. They represented a variety of stakeholders: municipal, regional and provincial governments, First Nations, and a variety of stewardship groups. It was the third of four such sessions being held across the province (the first two were in Prince George and Langley, and the fourth will be next week in Kelowna).
The conference was sponsored by the Fraser Basin Council and the Ministry of Environment. The Council’s mandate is to ensure that the decisions we make now about how we live, work and play… will protect and advance the social, economic, and environmental sustainability (of the Fraser Basin, their Watershed) into the future. Those of us who were in attendance feel the same responsibilities for our own communities, our own Watershed, our own Comox Valley. The purpose of the gathering was to review, assess and give input into a research paper, prepared by Karen Bakker and Linda Nowlan, titled “Delegating Water Governance: Issues and Challenges in the BC Context”. We looked at how our water is currently governed, on how to initiate regulatory reform, and we shared information about the condition of our waters in general.
The bottom line is, as reported on CBC yesterday, that water shortages already exist, and can expect to become more severe in the future without good management by both citizens and governments. The question to be resolved is: What are good management practices and how to we implement them – FAST?
Local governments (regional and municipal) are struggling to deal with water issues. Local citizens need to become involved, working with science based panels on water issues. With input from knowledgeable citizens, hopefully our elected representatives will make good decisions which WILL support the social, economic and environmental sustainability of our Watershed. Without that input
There is clearly a push to privatize our water resources at the Federal level.
It is vital that we inform our elected representatives we are NOT willing to have them negotiate bulk water exports, we are NOT willing to have them negotiate contracts to sell our public water to private companies, and finally, that we do expect they WILL manage our public resource in a responsible manner.
Water is NOT a commodity. It is a human right. It is a necessity for human survival. Canada needs both a national water policy and a strategy to address climate change.
Please act NOW to protect our vital, priceless resource.
Sincerely, Linda Safford
Member of Comox Valley Water Watch Coalition.