6. Conclusion

The comprehensive review of the events leading to the discharge of untreated wastewater into the St. Lawrence River by the City of Montreal in November 2015 made it possible to develop a detailed timeline of the incident, and to analyze intergovernmental communications and efforts to engage and consult with Indigenous communities. The review also gave the impacted Indigenous communities an opportunity to express their views on how events unfolded before, during, and after the discharge. The analysis of the information gathered throughout the review process allowed ECCC to develop certain recommendations and to prepare this report. ECCC is responsible for carrying out all the recommendations, some of which will require the collaboration of the Quebec government and the City of Montreal. Some work has already been done to address key findings and recommendations of the comprehensive review.

Concerning intergovernmental communications, ECCC recommends putting in place a new collaborative structure with MDDELCC, strengthening the use of existing communications mechanisms already in place, to evaluate the possibility of sharing scientific expertise, and to involve other partners in monitoring efforts. Furthermore, ECCC should also clarify the scope and application of the Wastewater Systems Effluent Regulations and the Fisheries Act with regard to planned discharges of untreated wastewater by municipalities.

With regard to the engagement and consultation with Indigenous communities, the representatives of the First Nations find it unacceptable that they were not adequately consulted by MDDELCC and ECCC. In this matter, the Governments of Canada and Quebec separately analyzed their duty to consult Indigenous communities and these analyses produced different results. ECCC therefore recommends that discussions be held between the two governments to discuss these differences and to identify common observations on the duty to consult. For ECCC, it is important to pay special attention to the timely dissemination of information to Indigenous communities. In the opinion of the Department, it is crucial to rapidly communicate information in situations that could have adverse effects on established or potential Indigenous or treaty rights and to engage with Indigenous communities so that they in turn can effectively communicate the information to their communities.

The observations, findings, and recommendations set out in this report were used in an internal review at ECCC on the administration of the Fisheries Act. In addition to the recommendations that have been made, ECCC believes that the comprehensive review confirms the importance of ensuring that municipal, Indigenous, provincial, territorial, and federal partners develop and maintain effective working relationships. As it pledged to do throughout the comprehensive review process, ECCC will continue the dialogue with its partners to follow up on the recommendations of this report in the spirit of respect, transparency, and openness.