ontario regulation 66/25

made under the

Environmental Protection Act

Made: May 15, 2025
Filed: May 22, 2025
Published on e-Laws: May 22, 2025
Published in The Ontario Gazette: June 7, 2025

Amending O. Reg. 63/16

(REGISTRATIONS UNDER PART II.2 OF THE ACT — WATER TAKING)

1. The definition of “Ministry’s electronic system” in section 1 of Ontario Regulation 63/16 is revoked.

2. (1) Paragraph 8 of subsection 4.1 (1) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

8. If the taking of water is intended to continue for more than 365 days from the proposed start date of the water taking, the person proposing to engage in the activity shall give written notice that includes the information set out in subsection (2) to,

(2) Paragraph 10 of subsection 4.1 (1) of the Regulation is amended by striking out “Ministry’s electronic system” and substituting “Registry”.

3. (1) Section 6 of the Regulation is amended by adding the following definition:

“conservation land” has the same meaning as in the Conservation Land Act; (“terre protégée”)

(2) The definition of “construction project” in section 6 of the Regulation is revoked.

(3) The definition of “construction site” in section 6 of the Regulation is amended by striking out “a construction project” and substituting “construction”.

4. (1) Subsection 7 (1) of the Regulation is amended by striking out “for a single construction project” wherever it appears.

(2) Subsection 7 (1) of the Regulation is amended by striking out “(6)” and substituting “(7)” in the portion before paragraph 1.

(3) Section 7 of the Regulation is amended by adding the following subsection:

(1.1) For the purposes of subsection (1), two or more construction sites for the same linear infrastructure project, such as a pipeline, utility corridor or transit project, may be treated as a single construction site.

(4) Subsection 7 (3) of the Regulation is revoked and the following substituted:

(3) Subsection (1) does not apply in respect of the taking of ground water if the water is taken for human consumption, agriculture or use in an industrial or manufacturing process.

(5) Subsection 7 (5) of the Regulation is revoked.

(6) Clause 7 (5.1) (b) of the Regulation is revoked and the following substituted:

(b) the permit was in effect on the day section 1 of Ontario Regulation 66/25 made under the Act came into force; and

(7) Section 7 of the Regulation is amended by adding the following subsection:

(5.2) Subsection (1) does not apply in respect of the taking of ground water if,

(a) an application for a permit to take water was submitted before the day section 1 of Ontario Regulation 66/25 came into force for the water taking under the Ontario Water Resources Act;

(b) if the permit has not been issued,

(i) the director appointed under section 5 of the Ontario Water Resources Act has not refused to issue the permit, or

(ii) the director appointed under section 5 of the Ontario Water Resources Act has refused to issue the permit and,

(A) the applicant has, in accordance with subsection 100 (4) of the Ontario Water Resources Act, required a hearing by the Tribunal and the Tribunal has not confirmed the refusal, or

(B) the applicant has not required a hearing and the fifteen days mentioned in subsection 100 (4) of the Ontario Water Resources Act have not elapsed; and

(c) if the permit has been issued, the permit has not expired or been revoked.

(8) Subsection 7 (6) of the Regulation is amended by striking out “(5) or (5.1)” and substituting “(5.1) or (5.2)”.

(9) Section 7 of the Regulation is amended by adding the following subsection:

(7) Subsection (1) does not apply in respect of the taking of ground water or storm water if the recommended method of transfer or discharge identified in a discharge report is discharge into the natural environment within an area that is part of a wellhead protection area and that is identified as “WHPA-A” in a source protection plan approved by the Minister under the Clean Water Act, 2006.

5. (1) Subsection 8 (4) of the Regulation is revoked and the following substituted:

(4) The following information must be included in a water taking report referred to in clause (1) (a):

1. A description of the water taking activity, including the rate at which the water will be taken and the volume that may be taken.

2. A description of the construction site.

3. An identification of the expected area of influence for each dewatered work area within the construction site, having regard to the amount of ground water that will be taken and all calculations and assumptions used to identify the expected area of influence.

4. An analysis of the potential sources of contamination in each expected area of influence identified under paragraph 3.

5. An analysis of the potential impact of contamination or movement of contaminants that could occur as a result of the proposed water taking, including an assessment of the impact of the movement of contaminants in each expected area of influence and all calculations used to assess the potential impact.

6. An analysis of the potential impact of the soil settlement and land subsidence that would occur as a result of the proposed water taking, including an assessment of the impact of the soil settlement and land subsidence on the integrity of infrastructure located in each expected area of influence and all calculations used to assess the potential impact.

7. An analysis of the potential impact of the proposed water taking on other water users in each expected area of influence, including calculations determining whether the volume of water to be taken during the proposed water taking would limit the availability of water for other water users in the area.

8. An analysis of the potential impact of the proposed water taking on conservation land, fish and wildlife habitat and natural functions of the ecosystem in each expected area of influence, as the case may be, including calculations determining whether the volume of water to be taken during the proposed water taking would likely cause any adverse effect.

9. An identification of the measures that will be implemented to monitor, prevent, mitigate or remedy all potential impacts of the proposed water taking activity identified as a result of the analyses completed in paragraphs 4 to 8.

10. A contingency plan that includes the following information:

i. An outline of the measures that must be implemented if the water supply is affected for other water users, including a plan to,

A. make available, to affected water users, a supply of water equivalent in quantity and quality to the users’ normal takings, or compensation for the users’ reasonable costs of obtaining a supply of water equivalent in quantity and quality to the users’ normal takings, and

B. if necessary, reduce the rate and amount of taking to prevent or otherwise alleviate the negative impact on the water supply.

ii. Identification of any measures that must be implemented and the circumstances in which they must be implemented to address the potential impact of the proposed water taking on other water users in each expected area of influence, including, at a minimum, the following impacts:

A. The impacts of movement of contaminants.

B. The impacts of soil settlement and land subsidence.

C. The impacts on other water users.

D. The impacts on conservation land, fish and wildlife habitat and the natural functions of the ecosystem.

iii. An assessment of whether a shutdown protocol is required and, if required, a description of the shutdown protocol including the circumstances in which it would be implemented.

11. A protocol for providing notice to the Ministry immediately if the shutdown protocol, if any, or any of the measures in the contingency plan mentioned in paragraph 10 are implemented.

12. A protocol for providing written notice to any other water users who may be impacted by the water taking and to the applicable district office of the Ministry at least 48 hours before the commencement of the initial taking of water that includes, at a minimum, the following information:

i. A description of where the water taking is to occur.

ii. The dates on which the water is intended to be taken.

iii. The approximate time and duration that each water taking will occur.

iv. The registration number that appears on the confirmation of registration in respect of the activity that is provided under subsection 2 (4) of Ontario Regulation 245/11.

v. The name and telephone number of a person who can be contacted to report any concerns about the water taking interfering with another water supply.

13. An analysis to determine whether a water monitoring plan is required to monitor the potential impacts of the water taking.

14. If the analysis referred to in paragraph 13 determines that a water monitoring plan is required, a detailed description of the plan and the circumstances in which it would need to be implemented.

15. A summary of the qualifications and experience of the person who prepared the water taking report, including the person’s name and licence number.

16. A statement, signed by the person who prepared the water taking report, that includes the following:

i. Confirmation that all available information has been considered in accordance with the professional standards of the person who prepared the report.

ii. Confirmation that, based on the information available, the information in the report is accurate as of the date the report is signed and sealed.

iii. Confirmation that, based on the information available, all necessary measures have been recommended to monitor, prevent, mitigate or remedy any potential impacts of the proposed water taking activity.

iv. Confirmation that, based on the opinion of the person who prepared the water taking report, the proposed water taking activity is unlikely to cause an adverse effect.

17. The date the water taking report was prepared.

(2) Subparagraph 3 ii of subsection 8 (5) of the Regulation is revoked and the following substituted:

ii. Discharge into one of the following sewage works:

A. A sewage works that is subject to an environmental compliance approval.

B. A sewage works in respect of which an activity has been registered for the purposes of subsection 20.21 (1) of the Act.

C. A sewage works in respect of which no environmental compliance approval is required or at which no activity prescribed for the purposes of subsection 20.21 (1) of the Act is engaged in.

(3) The English version of subparagraph 3 iii of subsection 8 (5) of the Regulation is amended by striking out “Discharge to” and substituting “Discharge into” at the beginning.

(4) Subparagraph 3 iv of subsection 8 (5) of the Regulation is revoked and the following substituted:

iv Discharge into the natural environment as described in paragraph 4.

(5) Paragraph 4 of subsection 8 (5) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

4. If the recommended method of discharge is discharge into the natural environment,

(6) Subparagraph 4 i of subsection 8 (5) of the Regulation is revoked.

(7) Paragraph 4 of subsection 8 (5) of the Regulation is amended by striking out “and” at the end of subparagraph ii and by adding the following subparagraph:

ii.1 an identification of any additional treatment and control measures required to address the quality of the discharge if the analysis referred to in paragraph 5 of subsection (4) determines a potential for movement of contaminants, and

(8) Subparagraph 4 iii of subsection 8 (5) of the Regulation is amended by striking out “to the environment” at the end.

(9) Paragraphs 7 to 9 of subsection 8 (5) of the Regulation are revoked and the following substituted:

7. A contingency plan that outlines measures that must be implemented, if any, and the circumstances in which they must be implemented to,

i. address the potential impacts related to the quality and quantity of the discharge,

ii. address any failures of recommended treatment or control measures,

iii. address other site-specific impacts, including any risks associated with movement of contaminants or flooding, if applicable, and

iv. assess whether a shutdown protocol is required and, if required, develop a shutdown protocol and identify the circumstances in which it must be implemented.

8. A summary of the qualifications and experience of the person who prepared the discharge report.

9. A statement, signed by the person who prepared the discharge report, that includes the following:

i. Confirmation that all available information has been considered to the best knowledge and skills of the person who prepared the discharge report.

ii. Confirmation that, based on the information available, the information in the report is accurate as of the date the report is signed.

iii. Confirmation that, based on the information available, all necessary methods and procedures were employed to minimize any errors in assessing the potential impacts of the proposed water taking activity.

iv. Confirmation that, based on the opinion of the person who prepared the discharge report, the discharge of the ground water and storm water is unlikely to cause an adverse effect.

10. The date the discharge report was prepared.

(10) Subsection 8 (6) of the Regulation is revoked and the following substituted:

(6) For the purposes of paragraphs 1 to 3 of subsection 2 (2) of Ontario Regulation 245/11, a person who proposes to engage in an activity prescribed by section 7 shall file in the Registry the water taking report and discharge report referred to in subsection (1).

(7) Despite subsection (6), a person who engaged in an activity prescribed by section 7 immediately before the transition date is not required to file the water taking report and discharge report until such time as updating of the information, other than administrative information, filed in the Registry is required under section 3 of Ontario Regulation 245/11.

(8) In this section,

“transition date” means the day section 1 of Ontario Regulation 66/25 made under the Act comes into force.

6. (1) Paragraph 1 of subsection 9.1 (2) of the Regulation is amended by striking out “5” and substituting “12”.

(2) Paragraph 5 of subsection 9.1 (2) of the Regulation is amended by striking out “to land” and substituting “into the natural environment”.

(3) Paragraph 6 of subsection 9.1 (2) of the Regulation is revoked and the following substituted:

6. With respect to any ground water or storm water, or both, that is discharged into the natural environment or a storm sewer that is within 30 metres of a water body, turbidity of the discharge shall not exceed eight Nephelometric Turbidity Units above the background levels of the receiving water body.

(4) Paragraph 10 of subsection 9.1 (2) of the Regulation is revoked and the following substituted:

10. Any measures identified in the contingency plans set out in the water taking report, pursuant to paragraph 10 of subsection 8 (4), and the discharge report, pursuant to paragraph 7 of subsection 8 (5), shall be implemented if the applicable circumstances arise.

10.1 Any shutdown protocol identified in the contingency plans set out in the water taking report, pursuant to paragraph 10 of subsection 8 (4), and the discharge report, pursuant to paragraph 7 of subsection 8 (5), shall be implemented if the applicable circumstances arise.

(5) Paragraph 13 of subsection 9.1 (2) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

13. If the taking of water is intended to continue for more than 365 days from the proposed start date of the water taking, the person proposing to engage in the activity shall give written notice that includes the information set out in subsection (3) to,

(6) Paragraph 14 of subsection 9.1 (2) of the Regulation is amended by striking out “Ministry’s electronic system” and substituting “Registry”.

(7) Paragraph 4 of subsection 9.1 (3) of the Regulation is amended by striking out “to land” and substituting “into the natural environment”.

7. Paragraph 6 of subsection 10 (1) of the Regulation is amended by striking out “5” and substituting “12”.

8. (1) Paragraph 2 of subsection 13 (3) of the Regulation is amended by striking out “to the environment”.

(2) Subsubparagraph 6 i A of subsection 13 (3) of the Regulation is revoked and the following substituted:

A. make available, to the affected water users, a supply of water equivalent in quantity and quality to the users’ normal takings, or compensation for the users’ reasonable costs of obtaining a supply of water equivalent in quantity and quality to the users’ normal takings, and

(3) Subsubparagraph 6 i B of subsection 13 (3) of the Regulation is amended by adding “on the water supply” at the end.

(4) The English version of subsubparagraphs 7 iii B and C of subsection 13 (3) of the Regulation are revoked and the following substituted:

B. Discharge into a sewage works that is subject to an environmental compliance approval.

C. Discharge into a municipal sanitary sewer or municipal storm sewer.

(5) Subsubparagraph 7 iii D of subsection 13 (3) of the Regulation is revoked and the following substituted:

D. Discharge into the natural environment as described in subparagraph iv.

(6) Subparagraph 7 iv of subsection 13 (3) of the Regulation is amended by striking out the portion before subsubparagraph A and substituting the following:

iv. If the recommended method of discharge is discharge into the natural environment,

(7) Subsubparagraph 7 iv B of subsection 13 (3) of the Regulation is amended by striking out “to the environment” at the end.

9. (1) Paragraph 6 of section 14 of the Regulation is revoked and the following substituted:

6. With respect to any ground water or storm water, or both, that is discharged into the natural environment or a storm sewer, there shall be no visible petroleum hydrocarbon film or sheen present.

(2) Paragraph 12 of section 14 of the Regulation is amended by striking out “Ministry’s electronic system” and substituting “Registry”.

Commencement

10. This Regulation comes into force on the later of July 1, 2025 and the day this Regulation is filed.