Feature Article May 29, 2002
LAND O' LAKES NewsWeb HomeContact Us
OMYA - Part 3In earlier articles I provided the background on the OMYA application to take water from the Tay River and the concerns addressed in the appeal. The Environmental Review Tribunal issued its decision in February. That decision was the culmination of a two-year process involving 35 days of oral hearings, 25 witnesses, 158 exhibits, and volumes of written questions and answers. The decision authorized the amount of water specified in phase 1 of the initial permit. It also added conditions to clarify the measurement techniques and enhance public involvement. It called for additional studies and a new application to permit taking an increased amount of water. OMYA has appealed that decision to the Ontario Divisional Court and to the Minister of the Environment. In its court appeal the company is challenging the Tribunal proceeding as well as the decision. At the same time, OMYA is seeking a political decision from the Minister that would overthrow the legal decision. Among other things, the company is objecting to three extremely important provisions that were incorporated in the Tribunal decision. These conditions, numbers 30, 31, and 32, require that the company engage the services of an independent auditor to analyse the water-taking data and issue a report that would be available to the public, and that the company meet periodically with representatives of local townships and the public to report on its water-taking and to address issues that arise.
The issue of corporate accountability and transparency has become very important in light of the recent experiences of Enron, its accounting firm, Arthur Andersen, and the disclosures of other major companies. Concurrent water-related issues such as the Walkerton experience and recent shortages are still vivid in peoples minds. OMYA is a private corporation, and discloses very little data on its operations. It would be in the companys long-term interest to be more open and to work closely with the community.This is essential to the interests of municipalities along the Tay River.The Friends of the Tay, a non-profit organization established to implement the recommendations of the Tay River Watershed Study, has stated, The Minister should not consider OMYAs appeal until the court has examined the Tribunal process and decision. The appellants are also briefing township councils on the issues and urging them to support the Tribunal decision, and to request that the Minister not consider the appeal until the court renders its decision. The Central Frontenac Township Council has already written to the Minister, asking that he withhold any consideration until the legal appeal is heard. In my view the decision of the Tribunal is equitable to both OMYA and the local communities. If you would like to express your view, you may write to the Minister of the Environment:
The Honourable Chris Stockwell, MPP, Minister of the Environment, Ministers Office, 12th Floor, 135 St. Clair Ave. W., Toronto, Ont., M4V 1P5
