After an exemplary consultation process, PEI’s Water Act was passed by the legislature in December of 2017. In the nearly seven years which have followed, there have been two
elections, several ministerial changes, and a reframing of how government defines public engagement. A significant regulatory component of this act, the Irrigation Strategy, first
appeared in the form of a Discussion Paper in November of ‘21. Following a brief opportunity for Islanders to comment on this working document, the strategy was announced in the spring
of ‘22. One of the foundational elements of this lies in how the implementation, administration and interpretation of irrigation strategy is to be governed.
The Coalition for The Protection of PEI Water, at each level of the Water Act’s progression, has advocated for a community based participatory model of governance, containing diverse
stakeholders, and featuring robust public consultation.
In the time since this discussion paper was released, there have been significant changes in what was originally proposed. It initially suggested a “central body” characterized as “an
independent, arm’s length body” to deal with most of the day-to-day water regulatory apparatus. An additional governing entity was titled as “a central advisory board” which would
be consisted of “users, conservation groups, senior government officials and other key stakeholders”. A third body would be called upon when a given watershed reached 90% of its
water allocation. It would be a “committee of regional stakeholders involved with watershed specific decisions”. Its membership would be drawn from “local water users, watershed groups and any other relevant stakeholders”. This water governance model appeared to have oversight and direct input from all relevant perspectives. It also reflected the preferred options from the previous public consultations. The
degree of inclusion assured Islanders that their water was protected through a truly transparent process.
The Irrigation strategy was unveiled in the Spring of ‘22. The governance model featured within it had changed significantly from what was originally proposed. The description of the
“central body” was altered. “The department envisions a water authority which will take an all-encompassing view toward water management”. There was no mention of whom was to gain
membership to this authority or how they were to be chosen. The “central advisory group” no longer existed. The same fate befell the “regional stakeholder committee”. Reading through the accessible submissions presented to the Department during the time allotted for public comments, there was no criticism within them directed toward the governance model presented in the discussion paper offered by government. As an example, the Organic Growers Association stated this in their submission: “This type of organizational structure can allow farmers in their communities, and through their local water authorities, to work collectively.”
In response to a question in the Legislature during this spring’s sitting, Minister Steven Myers described the ubiquitous arm’s length body as “where we want to put everything under an
entity that’s external to government. We want to make it an arm’s length or a Crown corporation that would own, basically, all the abilities for water inside it.”Somehow between the fall of ‘21 until the present, the water governance model for P.E.I. has
metamorphosed from being based on three independent bodies
containing mandated public engagement into one large, semi-autonomous bureaucracy. The elimination of most elements
featuring public oversight was deemed necessary for reasons unknown and by influencers also unknown. The result reflects the more traditional bureaucratic water management model that
concentrates decision-making in the hands of government officials and unspecified, favoured interests.
Despite the current government’s seeming reluctance to engage Islanders outside its sphere of authority, I am hopeful that the commitment made in the following text from the Irrigation
Strategy will be honoured: “Depending on the scope of what falls under the water authority,legislative amendments will likely be required. Consultation will occur on this before the final
direction is decided”. Decision making around accountable water governance is difficult. A transparent and inclusive water governance model provides the only equitable means to
achieve this. We call upon our government to hold meaningful public consultations to assure Islanders that this is what we will have.
Boyd Allen,
Pownal
Member of the Coalition for The Protection of P.E.I. Water