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R.R.O. 1990, Reg. 143: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - CATARAQUI REGION

under Conservation Authorities Act, R.S.O. 1990, c. C.27

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Versions
revoked or spent May 4, 2006
December 31, 1990 May 3, 2006

Conservation Authorities Act
Loi sur les offices de protection de la nature

R.R.O. 1990, REGULATION 143

No Amendments

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — CATARAQUI REGION

Historical version for the period December 31, 1990 to May 3, 2006.

This Regulation is made in English only.

1. In this Regulation,

Authority” means The Cataraqui Region Conservation Authority;

“building or structure” means a building or structure of any kind;

“fill” means earth, sand, gravel, rubble, rubbish, garbage or any other material whether similar to or different from any of the aforementioned materials, whether originating on the site or elsewhere, used or capable of being used to raise, lower or in any way affect the contours of the ground;

“fill line” means any line designated as such on the maps referred to in the Schedules;

“regional storm” means,

(a) for the main branch of Little Cataraqui Creek, the rainfall, snowmelt, or the combination of rainfall and snowmelt, that would produce,

(i) at King Street West, in the City of Kingston, a flow of 1,000 cubic feet per second,

(ii) immediately above the confluence with the west branch of the Cataraqui Creek, a flow of 850 cubic feet per second, and

(iii) at Princess Street, in the City of Kingston, a flow of 1,850 cubic feet per second,

(b) for the west branch of Little Cataraqui Creek, the rainfall, snowmelt, or the combination of rainfall and snowmelt, that would produce,

(i) at the confluence with the main branch of Little Cataraqui Creek, a flow of 750 cubic feet per second,

(ii) at that part of the King’s Highway known as No. 33, east of Days Road, a flow of 655 cubic feet per second,

(iii) at McEwen Drive, a flow of 570 cubic feet per second,

(iv) at that part of the King’s Highway known as No. 33, west of Days Road, a flow of 455 cubic feet per second, and

(v) at that part of the King’s Highway known as No. 2, a flow of 370 cubic feet per second;

“river”, “lake”, “creek”, “stream” or “watercourse” means any river, lake, creek, stream or watercourse under the jurisdiction of the Authority. R.R.O. 1990, Reg. 143, s. 1.

2. The areas described in the Schedules are areas in which, in the opinion of the Authority, the control of flooding or pollution or the conservation of land may be affected by the placing or dumping of fill. R.R.O. 1990, Reg. 143, s. 2.

3. Subject to section 4, no person shall,

(a) construct any building or structure or permit any building or structure to be constructed in or on a pond or swamp or in any area susceptible to flooding during a regional storm;

(b) place or dump fill or permit fill to be placed or dumped in the areas described in the Schedules whether such fill is already located in or upon such area, or brought to or on such area from some other place or places; or

(c) straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse. R.R.O. 1990, Reg. 143, s. 3.

4. Subject to the Ontario Water Resources Act or to any private interest, the Authority may permit in writing the construction of any building or structure or the placing or dumping of fill or the straightening, changing, diverting or interfering with the existing channel of a river, creek, stream or watercourse to which section 3 applies if, in the opinion of the Authority, the site of the building or structure or the placing or dumping and the method of construction or placing or dumping or the straightening, changing, diverting or interfering with the existing channel will not affect the control of flooding or pollution or the conservation of land. R.R.O. 1990, Reg. 143, s. 4.

5. No person shall commence to construct any building or structure or dump or place fill or straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse in any area to which section 3 applies before permission to do so has been obtained under section 4. R.R.O. 1990, Reg. 143, s. 5.

6. (1) A signed application for permission to construct a building or structure shall be filed with the Authority and shall include,

(a) four copies of a plan of the property showing the proposed location of the building or structure, its elevation and the proposed final grade plan;

(b) four copies of a complete description of the type of building or structure to be constructed, including drainage details;

(c) four copies of a statement of the dates between which the construction will be carried out; and

(d) four copies of a statement of the proposed use of the building or structure following completion of the construction. R.R.O. 1990, Reg. 143, s. 6 (1).

(2) A signed application for permission to place or dump fill shall be filed with the Authority and shall include,

(a) four copies of a plan of the property on which the fill is to be placed, showing the proposed location of filling, the depth to which it is proposed to fill and the proposed final grade of the land when filling is completed;

(b) four copies of a complete description of the type of fill proposed to be placed or dumped;

(c) four copies of a statement of the dates between which the placing or dumping will be carried out; and

(d) four copies of a statement of the proposed use of the land following completion of placing or dumping. R.R.O. 1990, Reg. 143, s. 6 (2).

(3) A signed application for permission to straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse, shall be filed with the Authority and shall include,

(a) four copies of a plan on which shall be shown in plan view and cross section the details of such straightening, change, diversion or interference;

(b) four copies of a description of the protective measures to be undertaken;

(c) four copies of a statement of the dates between which the straightening, changing, diverting or interfering will be carried out; and

(d) four copies of a statement of the purpose of the proposed work. R.R.O. 1990, Reg. 143, s. 6 (3).

7. The Authority may, at any time, withdraw any permission given under this Regulation, if, in the opinion of the Authority, the conditions of the permit are not complied with. R.R.O. 1990, Reg. 143, s. 7.

8. Members of the staff of the Authority are appointed officers to enforce this Regulation. R.R.O. 1990, Reg. 143, s. 8.

SCHEDULE 1

That part of the valley of the Little Cataraqui Creek and its major and minor tributaries lying between Lake Ontario and that part of the King’s Highway known as No. 401 and being those areas as shown delineated by the fill line on maps filed in the Office of the Registrar of Regulations at Toronto as Nos. 2082 to 2092, both inclusive.

R.R.O. 1990, Reg. 143, Sched. 1.

SCHEDULE 2

Those parts of the counties of Frontenac, Lennox and Addington and Leeds, described as follows:

1. In the Township of Ernestown in the County of Lennox and Addington and being composed of all of lots 29 to 32, both inclusive, in Concession I.

2. In the Township of Kingston in the County of Frontenac and being composed of:

i. All of concessions I, II, III, IV and V.

ii. Miles Square Block at the westerly end of Concession II,

except the area described in Schedule 1.

3. In the City of Kingston in the County of Frontenac and being composed of those parts of the city lying:

i. West of Portsmouth Avenue and south of Counter Street.

ii. West of Division Street and north of Counter Street.

iii. East of Montreal Street and north of the centre line of Elliott Avenue and its extension easterly.

iv. Between the LaSalle Causeway and the extension of Elliott Avenue easterly to the City limits and being more particularly described as follows:

Beginning at the centre of the intersection of Elliott Avenue and Montreal Street and proceeding easterly along the centre line of Elliott Avenue and its projection easterly across the Great Cataraqui River to the shore line of the Great Cataraqui River, being the easterly limit of the City of Kingston;

thence southerly along the said easterly city limit to its intersection with that part of the King’s Highway known as No. 2 at the east end of the LaSalle Causeway;

thence westerly along the centre line of the LaSalle Causeway to its western end and the beginning of Ontario Street;

thence southwesterly along the centre line of Ontario Street to its intersection with Place D’Armes;

thence westerly along the centre line of Place D’Armes to its termination at Wellington Street;

thence northerly along the centre line of Wellington Street to its termination at the foot of Bay Street;

thence westerly along the centre line of Bay Street to its intersection with Rideau Street;

thence northerly along the centre line of Rideau Street to its convergence with Montreal Street;

thence northerly along the centre line of Montreal Street to the place of beginning,

except the area described in Schedule 1.

4. In the Township of Pittsburgh in the County of Frontenac and being composed of:

i. All of lots 1 to 20, both inclusive, in Concession east of the Greater Cataraqui River.

ii. All of lots C and D east of the Greater Cataraqui River.

iii. All of lots A, B, C, D and E adjoining the Military Reserve.

iv. All of Lot 22 (or Gore Lot).

v. All of lots 1 to 20, both inclusive, in Concession I.

vi. All of lots 1 to 38, both inclusive, in Concession II.

vii. All of lots 1 to 25, both inclusive, and all those parts of lots 26 to 38, both inclusive, lying south of that part of the King’s Highway known as No. 2 in Concession III.

viii. All of lots 1 to 28, both inclusive, in Concession IV.

ix. All of lots 5 to 26, both inclusive, in Concession V.

x. All of lots 20 and 21, in Concession VI and all those parts of lots 15, 16, 17, 18 and 19 lying south of the Rideau Canal in Concession VI.

xi. All those parts of lots 21 and 22 lying south of the Rideau Canal in Concession VII and all that part of Lot 23 lying south of that part of the King’s Highway known as No. 15 in Concession VII.

xii. All that portion of the township between the high-water mark of the St. Lawrence River and the southern boundary of the township.

5. In the Township of Elizabethtown in the County of Leeds and being composed of all of lots 9 to 15, both inclusive, in Concession III.

6. In the Township of Loughborough in the County of Frontenac and being composed of:

i. Lots 7 and 8 in Concession VIII.

ii. Lots 7 and 8 in Concession IX.

iii. Lot 7 in Concession XII.

iv. Lots 12 and 13 in Concession VII.

v. Lots 7 to 13, both inclusive, in Concession VI.

vi. Lots 4 to 10, both inclusive, in Concession V.

R.R.O. 1990, Reg. 143, Sched. 2.