O. Reg. 434/03: THE TAKING AND USE OF WATER

Ontario Water Resources Act
Loi sur les ressources en eau de l’Ontario

ONTARIO REGULATION 434/03

Amended to O. Reg. 166/04

THE TAKING AND USE OF WATER

Note: This Regulation was revoked on December 31, 2004. See: O. Reg. 434/03, s. 9.

This Regulation is made in English only.

Prohibited uses

1. (1) No person shall use surface water or ground water taken from an area designated under section 7 for any of the following purposes, if the person would require a permit under subsection 34 (3) of the Act to take the water:

1. Beverage manufacturing, including the manufacturing or production of bottled water or water in other containers.

2. Fruit or vegetable canning or pickling.

3. Ready-mix concrete manufacturing, other than ready-mix concrete manufacturing at a portable concrete plant.

4. Aggregate processing, if the aggregate and the water that is taken are incorporated into a product in the form of a slurry.

5. Product manufacturing or production, if, in the normal course of the manufacturing or production, more than a total of 50,000 litres of the water that is taken may be incorporated in a single day into the products being manufactured or produced. O. Reg. 434/03, s. 1 (1); O. Reg. 166/04, s. 1.

(2) The purpose set out in paragraph 2 of subsection (1) shall not be considered to be a purpose under, or described in, this section, if the water that is taken is to be used only for washing in the course of the canning or pickling. O. Reg. 434/03, s. 1 (2).

(3) Any purpose set out in subsection (1) shall not be considered to be a purpose under, or described in, this section, if the water that is taken is to be used for agricultural purposes, including aquaculture, nurseries, tree farms and sod farms. O. Reg. 434/03, s. 1 (3).

Municipal exception

2. Section 1 does not apply to a municipality. O. Reg. 434/03, s. 2.

Existing permit exception

3. Section 1 does not apply to a person who has authority to take the water for a purpose described in section 1 pursuant to a permit relating to subsection 34 (3) of the Act that was issued before December 18, 2003. O. Reg. 434/03, s. 3.

Renewals exception

4. Section 1 does not apply to a person who has authority to take the water for a purpose described in section 1 pursuant to a permit relating to subsection 34 (3) of the Act that is issued on or after December 18, 2003 pursuant to an application described in section 5. O. Reg. 434/03, s. 4.

Issuance of permits

5. If a person, other than a municipality, applies on or after December 18, 2003, or has applied before December 18, 2003, for a permit relating to subsection 34 (3) of the Act to authorize the taking of water for a purpose described in section 1 from an area designated under section 7, the Director shall not consider the application or issue the permit unless,

(a) at the time of the application, the applicant or another person held an unexpired permit relating to subsection 34 (3) of the Act that authorized the taking of water for a purpose described in section 1; and

(b) the application is for a new permit to authorize the taking of the same amount of water from the same location and for the same purpose as was authorized by the permit referred to in clause (a). O. Reg. 434/03, s. 5.

Revocation and reissue of permits

6. (1) The Director shall,

(a) revoke a permit relating to subsection 34 (3) of the Act that was issued before December 18, 2003 and that authorizes a person to take water for a purpose described in section 1 from an area designated under section 7, if the terms and conditions of the permit authorize the person to take an increased amount of water on or after December 18, 2003; and

(b) issue a new permit authorizing the person to take only the amount of water that the person was authorized to take immediately before December 18, 2003. O. Reg. 434/03, s. 6 (1).

(2) A permit issued under clause (1) (b) shall contain substantially the same terms and conditions as were contained in the permit revoked under clause (1) (a), with the exception of the terms and conditions relating to the authority to take an increased amount of water in the future. O. Reg. 434/03, s. 6 (2).

(3) For greater certainty, this section applies to a permit even if it was the subject of an action by the Director under subsection 100 (3) of the Act or the subject of a decision by the Tribunal, the Minister or the Divisional Court under subsection 100 (8) of the Act. O. Reg. 434/03, s. 6 (3).

(4) This section does not apply to a permit held by a municipality. O. Reg. 434/03, s. 6 (4).

Designated areas

7. (1) The following areas are designated for the purpose of this Regulation:

1. Southern Ontario.

2. Any area in Northern Ontario over which a conservation authority has jurisdiction under the Conservation Authorities Act. O. Reg. 434/03, s. 7 (1).

(2) For the purpose of subsection (1),

“Northern Ontario” means,

(a) the territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming,

(b) the part of Lake Huron that is in Ontario and that lies north of a line that begins at the southernmost point of land on the shore of Georgian Bay in the Territorial District of Parry Sound and extends in a straight line to the southernmost point of land on Yeo Island in the Main Channel between Georgian Bay and the rest of Lake Huron and then extends due west to the border of the United States of America,

(c) the part of Lake Superior that is in Ontario, and

(d) the part of Hudson Bay and James Bay that is in Ontario;

“Southern Ontario” means the part of Ontario that is not part of Northern Ontario. O. Reg. 434/03, s. 7 (2).

8. Omitted (revokes other Regulations). O. Reg. 434/03, s. 8.

9. Omitted (provides for the revocation of this Regulation). O. Reg. 434/04, s. 9.