Environmental Protection Act

ONTARIO REGULATION 137/25

REGISTRATIONS UNDER PART II.2 OF THE ACT - STORM WATER MANAGEMENT WORKS

Consolidation Period: From June 27, 2025 to the e-Laws currency date.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on September 1, 2025.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

 

Part I
INTerpretation and Prescribed activities

Definitions

1. In this Regulation,

“catchment area” means, in respect of a storm water management works, the area serviced by the works; (“zone de captage”)

“licensed engineering practitioner” means a person who holds a license, limited licence or temporary licence under the Professional Engineers Act; (“praticien de l’ingénierie titulaire d’un permis”)

“NAICS” means the North American Industry Classification System maintained for Canada by Statistics Canada, as amended or revised from time to time; (“SCIAN”)

“Niagara Escarpment Planning Area” has the same meaning as in the Niagara Escarpment Planning and Development Act; (“zone de planification de l’escarpement du Niagara”)

“Ontario Regulation 245/11” means Ontario Regulation 245/11 (Registrations under Part II.2 of the Act — General) made under the Act; (“Règlement de l’Ontario 245/11”)

“owner” means, in respect of a storm water management works, a person having authority to construct, maintain, operate, repair, improve or extend the works; (“propriétaire”)

“Registry” means the Environmental Activity and Sector Registry established under Part II.2 of the Act; (“Registre”)

“sewage works” has the same meaning as in the Ontario Water Resources Act; (“station d’épuration des eaux d’égout”)

“significant drinking water threat” has the same meaning as in the Clean Water Act, 2006; (“menace importante pour l’eau potable”)

“significant storm event” means the occurrence of 25 mm or more of rain at a location in any 24-hour period; (“événement pluvio-hydrologique important”)

“source protection area” has the same meaning as in the Clean Water Act, 2006; (“zone de protection des sources”)

“spill” has the same meaning as in Part X of the Act; (“déversement”)

“storm water” means rainwater runoff, water runoff from roofs, snowmelt and surface runoff; (“eaux pluviales”)

“storm water management works” means any sewage works for storm water; (“réseau de gestion des eaux pluviales”)

“SWM report” means a report described in section 8 respecting a storm water management works. (“rapport GEP”)

Prescribed activities, s. 20.21 (1) of the Act

2. (1) Subject to subsections (2) to (4), the use, operation, establishment, alteration, extension or replacement of any new or existing storm water management works is a prescribed activity for the purposes of subsection 20.21 (1) of the Act if the following criteria are satisfied:

1.  The works is not owned by any of the following and is not to be transferred to any of the following under an agreement mentioned in subsection 1 (2) of Ontario Regulation 208/19 (Environmental Compliance Approval in Respect of Sewage Works) made under the Act:

i.  A municipality within the meaning of the Municipal Act, 2001.

ii.  Any of the following bodies that is established for the purpose of managing public utilities on behalf of or for a municipality within the meaning of the Municipal Act, 2001:

A.  A public utility commission deemed to be a municipal service board under section 195 of the Municipal Act, 2001.

B.  A municipal service board established under sections 9, 10, 11 and 196 of the Municipal Act, 2001 or a city board as defined in subsection 3 (1) of the City of Toronto Act, 2006.

C.  A corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act.

2.  Any processing, repair or maintenance of goods and materials at the property on which the works is or is proposed to be located is conducted indoors.

3.  No discharge of process water, cooling water, wash water or sanitary sewage is received or is proposed to be received by the works.

(2) The use, operation, establishment, alteration, extension or replacement of any new or existing storm water management works that services any of the following sites is not prescribed for the purposes of subsection 20.21 (1) of the Act:

1.  A waste disposal site as defined in Part V of the Act.

2.  An abandoned motor vehicle site as defined in Part VII of the Act.

3.  A snow disposal facility or a site for the storage of snow where the predominant use of the site is for the retention, control, storage or disposal of snow.

4.  A bulk plant as defined in Ontario Regulation 217/01 (Liquid Fuels) made under the Technical Standards and Safety Act, 2000.

5.  A golf course.

6.  A road salt storage facility.

7.  An aerodrome as defined in the Aeronautics Act (Canada).

8.  A shipyard and any associated maintenance facility.

9.  A renewable energy generation facility.

10.  A greenhouse.

11.  An outdoor surface consisting of aggregate that includes basic oxygen furnace slag.

12.  A site at which any of the following activities take place:

i.  Outdoor repair and maintenance of motorized vehicles, equipment and heavy machinery.

ii.  Activities described under any of the following NAICS codes:

A.  31 to 33 (Manufacturing).

B.  21 (Mining, quarrying, and oil and gas extraction).

C.  2211 (Electric power generation, transmission and distribution).

D.  2212 (Natural gas distribution).

E.  418110 (Recyclable metal merchant wholesalers).

(3) The use, operation or establishment of a new storm water management works is not prescribed for the purposes of subsection 20.21 (1) of the Act if,

(a)  the activity would be a significant drinking water threat; and

(b)  the source protection plan prepared under the Clean Water Act, 2006 for the source protection area in which the works is proposed to be located includes a policy that has the effect of prohibiting the establishment of new storm water management works at the location where the works is proposed to be located.

(4) Subsection (1) does not apply with respect to an activity that is the subject of an exemption from subsection 53 (1) of the Ontario Water Resources Act, other than an activity that is the subject of an exemption by operation of subsection 53 (2) of that Act.

Part II
PRE-Registration

General requirements

3. A person who proposes to engage in an activity prescribed by section 2 in respect of a storm water management works shall not register the activity in the Registry until the following conditions are met:

1.  If the person is not the owner of the land on which the storm water management works is or is proposed to be located, that owner must have consented, in writing, to the engagement in the activity.

2.  If the person is not the owner of the land or sewage works to which the storm water management works discharges or is proposed to discharge storm water, that owner must have consented, in writing, to the discharge.

3.  A licensed engineering practitioner must have conducted a site assessment in respect of the catchment area of the works in a manner that allowed them to obtain the information mentioned in paragraph 4 of section 9.

Niagara Escarpment Planning Area

4. (1) This section applies in respect of a person who proposes to engage in an activity prescribed by section 2 in respect of a storm water management works located or proposed to be located in an area of development control within the Niagara Escarpment Planning Area.

(2) If a development permit is required under section 24 of the Niagara Escarpment Planning and Development Act in order to engage in the prescribed activity in respect of the works, the person shall not register the activity in the Registry until the permit has been issued.

Environmental Assessment Act, undertaking

5. (1) This section applies in respect of a person who proposes to engage in an activity prescribed by section 2 in respect of a storm water management works that forms part of or is proposed to form part of an undertaking within the meaning of the Environmental Assessment Act to which Part II.1 of that Act applies.

(2) If a class environmental assessment approved under Part II.1 of the Environmental Assessment Act applies with respect to the undertaking and no order has been issued with respect to the proposed undertaking under subsection 16 (1) of that Act, the person shall not register the activity in the Registry until all requirements necessary to proceed with the undertaking under the class environmental assessment have been satisfied.

Environmental Assessment Act, Part II.3 project

6. (1) This section applies in respect of a person who proposes to engage in an activity prescribed by section 2 in respect of a storm water management works that forms part of or is proposed to form part of a Part II.3 project within the meaning of the Environmental Assessment Act.

(2) The person shall not register the activity in the Registry until an approval is given under Part II.3 of the Environmental Assessment Act to proceed with the Part II.3 project.

Part III
STORM WATER MANAGEMENT WORKS Report (SWM REPORT)

Filing of SWM report

7. 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 2 of this Regulation in respect of a storm water management works shall file in the Registry a SWM report in respect of the works that satisfies the requirements set out in section 8.

General requirements

8. (1) A SWM report shall be prepared by a licensed engineering practitioner.

(2) A SWM report, other than any addenda to the report, shall be divided into sections and prepared as follows:

1.  The report shall have a section titled “Introduction”, under which the following information is included:

i.  The date on which the report was prepared.

ii.  The name, licence number, signature and seal of the licensed engineering practitioner that prepared the report, as well as a summary of the person’s qualifications, and a statement confirming the following:

A.  Based on the information provided to them, the information in the report is accurate as of the date it is signed and sealed.

B.  The information included in the report takes into account the results of the site assessment conducted in respect of the catchment area of the storm water management works.

C.  The works is designed in a manner that mitigates any adverse effects.

iii.  A statement signed by the person engaging in or proposing to engage in the prescribed activity confirming that all information the person gave to a licensed engineering practitioner in order to prepare the report was complete and accurate.

2.  The report shall have sections titled as set out in sections 9 to 13, under which the information required by those sections is included in respect of the storm water management works.

(3) Any addendum to a SWM report shall be prepared by a licensed engineering practitioner and include, in addition to any information required under other provisions of this Regulation in respect of the addendum, the date on which the addendum is prepared and the name, licence number, signature and seal of the licensed engineering practitioner that prepared the addendum.

(4) An addendum that is filed in the Registry is considered to be part of the SWM report for the purposes of this Regulation.

(5) For greater certainty, if changes to a SWM report are made through updating the report instead of an addendum being prepared in respect of the report, this section applies in respect of the updated SWM report.

General Information

9. (1) The section titled “General Information” shall contain the following information respecting a storm water management works:

1.  A description of the catchment area.

2.  A site plan of the catchment area, including identification of where the works are or are proposed to be located.

3.  A description of the site assessment of the catchment area undertaken by the licensed engineering practitioner.

4.  The results of the site assessment, including the following, at a minimum:

i.  A statement by the licensed engineering practitioner confirming that, in their opinion, the proposed activity is an activity prescribed by section 2.

ii.  A description of any activities taking place in the catchment area and any contaminants anticipated to be generated by or associated with those activities in the catchment area.

iii.  A description of the quantity and quality of storm water that is expected to be collected, treated, transmitted or disposed of at or by the works.

iv.  An assessment of the precipitation patterns, drainage patterns, site contours and hydrological conditions of the catchment area.

v.  An assessment of whether any activity prescribed by section 2 in respect of the works is or would be a significant drinking water threat, including an identification of any applicable source protection area, wellhead protection areas and surface water intake protection zones for the location of the works.

vi.  An identification of whether the works are located or proposed to be located in any of the following:

A.  The Lake Simcoe watershed as defined in the Lake Simcoe Protection Act, 2008.

B.  The Niagara Escarpment Planning Area.

C.  The portion of the Oak Ridges Moraine Area as defined in the Oak Ridges Moraine Conservation Act, 2001 to which the Oak Ridges Moraine Conservation Plan established under that Act applies.

D.  An area designated as Protected Countryside in the Greenbelt Plan established under the Greenbelt Act, 2005.

5.  If the assessment in subparagraph 4 v is that an activity is or would be a significant drinking water threat, a description of how the considerations included in the report under sections 10, 12 and 13 and any other considerations included in the report are intended to achieve the objective of ensuring that the activity ceases to be or never becomes a significant drinking water threat.

(2) In subparagraph 4 v of subsection (1),

“surface water intake protection zone” and “wellhead protection area” have the same meaning as in the Clean Water Act, 2006.

Design

10. (1) The section titled “Design” shall contain the following, at a minimum:

1.  The design criteria that the person who proposes to engage in an activity prescribed by section 2 shall ensure are achieved by the storm water management works, including the design criteria established for water quantity, water quality and water balance.

2.  An explanation of how the design criteria were established and how they are expected to be achieved.

3.  Details respecting the design of the works, with which the person shall ensure the works are consistent, including the following:

i.  Design calculations.

ii.  Storm water storage and treatment capacity.

iii.  A description of the works.

iv.  Any manufacturer’s specifications for the works.

v.  A description and calculation of hydraulic routing of major storms.

vi.  Storm water run-off analysis.

vii.  If the storm water management works discharges or is proposed to discharge to any sewage works, a description of the sewage works and the following information:

A.  Whether the sewage works treats or is expected to treat the sewage before it is discharged from the sewage works.

B.  As applicable, either a description of the planned level of treatment or the rationale for not treating the sewage.

4.  If the works is located or proposed to be located in an area mentioned in subparagraph 4 vi of section 9, a description of design considerations that are included in the report related to that location.

5.  If the works discharges or is proposed to discharge storm water directly into the natural environment, a description of design considerations that are included in the report to mitigate the potential for the discharge to cause an adverse effect.

6.  If there is or is expected to be outdoor handling or storage of soil, raw material, intermediate products, finished products or by-products occurring at the property at which the works is located or proposed to be located, a description of design considerations that are included in the report to mitigate the potential for the discharge of storm water from the works to cause an adverse effect.

(2) For the purposes of paragraph 1 of subsection (1), the design criteria established for water quality for a new storm water management works shall include achieving a minimum of enhanced protection within the meaning of the document entitled “2003 Stormwater Management Planning and Design Manual”, published by the Ministry and available on a website of the Government of Ontario, if,

(a)  the works discharges or is proposed to discharge storm water directly into the natural environment; or

(b)  any of the activities engaged in or proposed to be engaged in that are prescribed by section 2 would be a significant drinking water threat.

(3) The section titled “Design” shall contain engineering drawings prepared, dated, signed and sealed by a licensed engineering practitioner, of the following:

1.  The storm water management works.

2.  Design details of the works.

3.  The pre-development and post-development catchment areas, including labels for the sizes of those areas and associated runoff coefficient or imperviousness.

Assessment of Monitoring

11. (1) The section titled “Assessment of Monitoring” shall contain an assessment by a licensed engineering practitioner as to whether it is necessary to monitor the discharge from the relevant storm water management works, taking into account the results of the site assessment and such other factors as the licensed engineering practitioner considers relevant.

(2) If the licensed engineering practitioner’s assessment under subsection (1) is that monitoring is necessary, the section titled “Assessment of Monitoring” shall also contain a monitoring plan containing the following at a minimum:

1.  The parameters that the person who proposes to engage in an activity prescribed by section 2 shall ensure are monitored and the frequency at which the person shall ensure sampling or measurements are undertaken.

2.  Any effluent objectives for the parameters, the achievement of which the person shall ensure are subject to best efforts at all times.

3.  Sampling and analysis methods that the person shall ensure are applied.

4.  Locations at which the person shall ensure monitoring is undertaken.

5.  Corrective actions that the person shall ensure are taken if any effluent objective is exceeded.

6.  The time period during which the person shall ensure the plan is implemented.

7.  An explanation of why the time period mentioned in paragraph 6 is appropriate.

Operation and Maintenance Manual

12. (1) The subsection titled “Operation and Maintenance Manual” shall contain the following respecting the relevant storm water management works, at a minimum:

1.  Procedures, best practices and a description of programs for the operation, maintenance, inspection and repair of the works that the person who proposes to engage in an activity prescribed by section 2 shall ensure are implemented, including, at a minimum, the following:

i.  Best practices that are consistent with any manufacturers’ recommendations.

ii.  An inspection program, including procedures for conducting inspections of the condition of the works and methods or tests to detect when maintenance is necessary.

iii.  The frequency of the activities set out in the procedures, best practices and programs.

2.  Contingency plans and procedures to address abnormal situations, including emergency shutdown of the works and breakdown of the works, and the circumstances in which the person shall ensure that the contingency plans and procedures are implemented.

(2) For the purposes of subparagraph 1 iii of subsection (1), the inspection program mentioned in subparagraph 1 ii of subsection (1) shall require, at a minimum, inspections to occur at a frequency of once per year and as soon as practicable after each significant storm event.

Erosion and Sediment Control Plan

13. The section titled “Erosion and Sediment Control Plan” shall contain the following, at a minimum, respecting temporary erosion and sediment control measures to be implemented during any construction activities that take place at the property on which the works is located or proposed to be located to prevent run-off of sediment carried in storm water from construction activities:

1.  A description of the measures that the person who proposes to engage in an activity prescribed by section 2 shall ensure are implemented.

2.  Procedures that the person shall apply for inspections to assess the implementation and condition of the measures.

3.  The frequency at which the person shall ensure inspections are undertaken, which shall be, at a minimum, once every two weeks and as soon as practicable following each significant storm event.

4.  The time period during which the person shall ensure that inspections under paragraph 3 occur, which shall include, at a minimum, the time period during which construction activities are carried out.

5.  Procedures that the person shall ensure are applied for maintenance in respect of the measures, including the frequency at which maintenance shall be undertaken.

Part IV
ACTIVITY REQUIREMENTS

General

14. For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation in respect of a storm water management works shall ensure that the following requirements are complied with:

1.  The SWM report filed in the Registry shall be made available to any person who engages or proposes to engage in the activity with respect to the works.

2.  The requirements set out in the SWM report shall be complied with.

3.  If any of the activities prescribed by section 2 in respect of the works is or would be a significant drinking water threat, written notice shall be delivered before engaging in the activity to the source protection authority for the source protection area in which the works is or would be located, setting out the following at a minimum:

i.  A description of the works.

ii.  A statement that the activity is or would be a significant drinking water threat.

iii.  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.

4.  If a notice of a proposed amendment or update to a source protection plan is given to the person and the proposed amendment or update could affect whether the activity is or would be a significant drinking water threat, and if the proposed amendment or update is approved and in effect, the activity shall be assessed to determine whether it is or would be a significant drinking water threat.

5.  Copies of the following shall be made available to any person engaging in the prescribed activities at all times:

i.  Any manufacturers’ specification sheets and relevant technical documents for the works.

ii.  Any agreements entered into between the owner of the works and the manufacturer of the works.

Monitoring

15. For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation in respect of a storm water management works shall ensure that,

(a)  the effluent from the works is essentially free of floating and settleable solids and does not contain oil or any other substance in amounts sufficient to create a visible film, sheen, foam or discoloration on the receiving waters;

(b)  if a monitoring plan is included in the SWM report and if there are any effluent objectives for any parameters, the District Manager of the applicable district office is notified immediately after any exceedance, followed by written notification provided no later than seven days after the exceedance; and

(c)  if a monitoring plan is included in the SWM report, sampling equipment is operated, maintained and calibrated.

Drawings

16. For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation in respect of a storm water management works shall ensure that, within six months of the establishment, alteration, extension or replacement of the works, a licensed engineering practitioner prepares, dates, signs and seals a set of as-built drawings of the works.

Spill contingency plan

17. (1) For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation in respect of a storm water management works shall ensure that a spill contingency plan is prepared and maintained in accordance with this section if,

(a)  at the property on which the works is or is proposed to be located, there is outdoor storage or handling of soil, raw material, intermediate products, finished products or by-products; or

(b)  any of the activities engaged in or proposed to be engaged in that are prescribed by section 2 is a significant drinking water threat.

(2) A spill contingency plan shall contain, at a minimum, the following procedures respecting spills of pollutants that may occur at the property on which the works is or is proposed to be located resulting in pollutants potentially entering the works or discharging from the works into the natural environment:

1.  Procedures to prevent or reduce the risk of the spills.

2.  Procedures to prevent, eliminate or ameliorate any adverse effects that result or may result from the spills.

3.  Procedures that require the provision of annual spill response training to persons who operate the works.

(3) An inventory of response and clean-up equipment, including a description of the location of the equipment and any dates of maintenance or replacement of the equipment, shall be available to any person engaging in the activity at the works in the event that the spill contingency plan must be implemented.

(4) The spill contingency plan shall be implemented, including in the event of a spill of pollutants at the property on which the works is located resulting in pollutants entering the works or discharging from the works into the natural environment.

Part V
POST-Registration

Exemption, updating of SWM report

18. Despite subsection 3 (1) of Ontario Regulation 245/11, if the only information included in a SWM report that is no longer complete or accurate is information that has changed as a result of an assessment required under paragraph 4 of section 14, no update to the SWM report is required until such time as additional information is no longer complete or accurate.

Exemption, activity previously registered re works

19. (1) A person who engages in or proposes to engage in the alteration, extension or replacement of a storm water management works involving an activity prescribed by section 2 is exempt from clauses 20.21 (1) (a) and (b) of the Act in respect of the activity if the following criteria are satisfied:

1.  The person has previously registered an activity prescribed by section 2 in respect of the works.

2.  The registration in respect of the previously registered activity is not suspended and has not been removed from the Registry.

(2) A person who is exempt under subsection (1) in respect of an activity shall ensure that, before engaging in the activity,

(a)  an updated SWM report in respect of the works that takes into account the activity is filed in the Registry;

(b)  if section 4 would apply, but for the exemption, any development permit required as described in subsection 4 (2) has been issued;

(c)  if section 5 would apply, but for the exemption, any requirements mentioned in subsection 5 (2) have been satisfied; and

(d)  if section 6 would apply, but for the exemption, any approval mentioned in subsection 6 (2) has been given.

(3) Clause (2) (a) does not apply if, before the activity is engaged in, the person ensures that an addendum to the SWM report in respect of the works is filed in the Registry, setting out a description of the activity and an explanation of why the information in the SWM report will continue to satisfy the requirements set out in section 8 once the activity is engaged in.

(4) For greater certainty, if the exemption in subsection (1) applies in respect of an activity engaged in at a storm water management works, subsection 3 (1) of O. Reg. 245/11 applies if the person becomes aware that any information filed in the Registry in respect of the works is no longer complete or accurate.

Director’s notice, monitoring plan

20. (1) The Director may give a written notice described in subsection (2) to a person who engages in an activity prescribed by section 2 in respect of a storm water management works if the discharge from the works can be collected for sampling and the Director has reasonable grounds to believe that the discharge has caused or may cause an adverse effect.

(2) The notice may require one or more of the following:

1.  That the person retain a licensed engineering practitioner to prepare a monitoring plan in accordance with any requirements set out in the notice, which may include requirements to complete the plan within a specified time period or to set out specified information in the plan.

2.  That specified records be created or kept in respect of monitoring.

(3) Before the Director gives a person a notice under this section, the Director shall give the person a draft of the notice, with reasons, and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

(4) The person to whom the notice is given shall comply with the notice by ensuring that,

(a)  an updated SWM report in respect of the works is filed in the Registry; or

(b)  an addendum to the SWM report is filed in the Registry.

Part VI
Miscellaneous

Documents, records to be created

21. A person who engages in an activity prescribed by section 2 in respect of a storm water management works shall ensure that the following written documents and records are created:

1.  If a monitoring plan is required under subsection 11 (2), records and information related to or resulting from monitoring activities, which shall include, at a minimum, records of the following:

i.  The date and location of any exceedance of an effluent objective, the parameter whose objective is exceeded and the measurement of the exceedance.

ii.  Corrective action taken if any effluent objective is exceeded.

iii.  Records relating to the operation, maintenance and calibration of any sampling equipment.

2.  Records relating to complaints respecting the works, which shall include, at a minimum, records of the following:

i.  The date and time when the complaint was received.

ii.  A copy of the complaint, if it is a written complaint.

iii.  A summary of the complaint, if it is not a written complaint.

iv.  A summary of any measures taken, if any, to address the complaint.

v.  A record of all communication regarding the complaint.

3.  Records relating to each inspection and maintenance activity in respect of erosion and sediment control measures, which shall include, at a minimum, the following:

i.  The name of the person who carried out the activity.

ii.  The date of the activity.

iii.  A description of any issues identified.

iv.  A description of any remedial measures undertaken to address any issues identified under subparagraph iii.

4.  Records relating to operation, maintenance, inspection and repair activities, other than an activity mentioned in paragraph 3, which shall include, at a minimum, the following:

i.  The date and results of each activity, including an estimate of the quantity of any materials removed and any method of cleaning.

ii.  The name of the person who carried out the activity.

iii.  A description of any issues identified.

iv.  A description of any remedial measures undertaken to address any issues identified under subparagraph iii.

5.  Records relating to each abnormal situation identified under paragraph 2 of subsection 12 (1), including the date and any emergency response or remedial measures taken.

6.  If the works was established before the day the person registered an activity in respect of the works and drawings mentioned in section 16 were prepared before that day, the drawings shall be retained until such day as the drawings are replaced by updated drawings prepared as described in that section.

Documents, records to be made available

22. A person who is required to ensure that a document or record is retained under this Regulation shall ensure that the document or record is made available to the Ministry upon request.

Documents, records to be retained at all times

23. A person who engages in an activity prescribed by section 2 in respect of a storm water management works shall ensure that a copy of the most recently updated versions of the following documents and records are retained at all times while the prescribed activity is being engaged in at the works:

1.  Any written consent required under section 3.

2.  Any development permit mentioned in subsection 4 (2).

3.  Any approval mentioned in subsection 6 (2).

4.  A copy of any documents mentioned in paragraph 5 of section 14.

5.  The drawings required under section 16.

6.  The spill contingency plan mentioned in section 17.

Documents, records to be retained for minimum of five years

24. A person who engages in an activity prescribed by section 2 in respect of a storm water management works shall ensure that a copy of the documents and records mentioned in paragraphs 1 to 5 of section 21 are retained by the owner for a minimum of five years from the day on which they were created, or, if the documents or records are updated, five years from the last day on which they were updated.

Form of information, reports, records, documents

25. With respect to any information, reports, records or documents that a person is required to prepare under this Regulation,

(a)  if the Director has approved a form, the person shall use the form; and

(b)  if the Director has specified an electronic format, the person shall use that format.

Continuation of applications for environmental compliance approval

26. (1) If an application for approval to engage in an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act that is prescribed by section 2 of this Regulation is submitted to the Director on or before the day this Regulation comes into force and the Director did not make a decision with respect to the application before that day, the application is exempt from subsections 20.2 (3) and 20.3 (2) of the Act.

(2) A person who is engaging in an activity in respect of which an application for approval described in subsection (1) has been made is exempt from subsection 20.21 (1) of the Act until the earliest of the following days:

1.  The day the person withdraws the application.

2.  The day the Director refuses to issue an environmental compliance approval in respect of the activity.

3.  If the Director issues an environmental compliance approval in respect of the activity, the day the approval ceases to apply in respect of the activity as determined under section 20.17 of the Act.

Administrative amendment to environmental compliance approval

27. Despite subsections 20.2 (1) and (3) and 20.3 (2) of the Act, a person may apply to the Director for approval under section 20.2 of the Act of a proposed administrative amendment to the environmental compliance approval that is in effect in respect of an activity that is prescribed by section 2 of this Regulation and the Director may make an administrative amendment to the environmental compliance approval.

28. Omitted (provides for coming into force of provisions of this Regulation).