R.R.O. 1990, Reg. 145: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - CENTRAL LAKE ONTARIO

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

R.R.O. 1990, REGULATION 145

Amended to O. Reg. 578/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — CENTRAL LAKE ONTARIO

Note: This Regulation was revoked on December 21, 2006. See: O. Reg. 578/06, s. 1.

This Regulation is made in English only.

1. In this Regulation,

“Authority” means the Central Lake Ontario 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, 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 Schedule;

“river”, “lake”, “creek”, “stream” or “watercourse” means any river, lake, creek, stream or watercourse under the jurisdiction of the Authority; and

“regional storm” means a storm producing in a forty-eight hour period, in a drainage area of,

(a) ten square miles or less, a rainfall that has the distribution set out in Table 1, or

(b) more than ten square miles, a rainfall such that the number of inches of rain referred to in each case in Table 1 shall be modified by the percentage amount shown in Column 2 of Table 2 opposite the size of the drainage area set out opposite thereto in Column 1 of Table 2:

TABLE 1

2.90 inches of rain in the first 36 hours

0.25 inches of rain in the 37th hour

0.17 inches of rain in the 38th hour

0.25 inches of rain in the 39th hour

0.50 inches of rain in the 40th hour

0.66 inches of rain in the 41st hour

0.50 inches of rain in the 42nd hour

0.91 inches of rain in the 43rd hour

0.50 inches of rain in the 44th hour

0.50 inches of rain in the 45th hour

2.08 inches of rain in the 46th hour

1.49 inches of rain in the 47th hour

0.50 inches of rain in the 48th hour

TABLE 2

Column 1	Column 2
Drainage Area (square miles)	Percentage
11 to 17 both inclusive	99.2
18 to 25 both inclusive	98.2
26 to 35 both inclusive	97.1
36 to 45 both inclusive	96.3
46 to 55 both inclusive	95.4
56 to 65 both inclusive	94.8
66 to 75 both inclusive	94.2
76 to 85 both inclusive	93.5
86 to 95 both inclusive	92.7
96 to 105 both inclusive	92.0
106 to 175 both inclusive	89.4
176 to 225 both inclusive	86.7
226 to 275 both inclusive	84.0
276 to 325 both inclusive	82.4
326 to 375 both inclusive	80.8
376 to 450 both inclusive	79.3
451 to 550 both inclusive	76.6
551 to 650 both inclusive	74.4
651 to 750 both inclusive	73.3
751 to 850 both inclusive	71.7
851 to 950 both inclusive	70.2
951 to 1050 both inclusive	69.0
1051 to 1750 both inclusive	64.4
1751 to 2250 both inclusive	61.4
2251 to 2750 both inclusive	58.9
2751 to 3000 both inclusive	57.4

R.R.O. 1990, Reg. 145, s. 1.

2. The areas described in the Schedule 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. 145, 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 of any kind or permit fill to be placed or dumped in the area described in the Schedule, 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. 145, 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. 145, 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. 145, 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. 145, 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. 145, 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. 145, 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. 145, s. 7.

8. The Authority may from time to time appoint officers to enforce this Regulation who shall hold office during the pleasure of the Authority. R.R.O. 1990, Reg. 145, s. 8.

SCHEDULE

In The Regional Municipality of Durham and more particularly described as follows:

1. In the Town of Newcastle, formerly in the Town of Bowmanville, and being composed of the following lots and parts of lots:

Concession	Lot
Broken Front		9
		10
		11
		12
		13
		14
I		8
	S ½	9
	S ½	10
	S ½	11
		12
		13
	N ½	14
II		8
		13
		14

2. In the said Town of Newcastle, formerly in the Township of Clarke, and being composed of the following lots and parts of lots:

Concession	Lot
III	N ½	34
	N ½	35
V	S ½	35
VIII		35

3. In the Town of Newcastle, formerly in the Township of Darlington, and being composed of the following lots and parts of lots:

Concession	Lot
Broken Front		12
		13
		14
		15
		16
		17
		18
	N ½	19
		20
		21
	N ½	28
		29
		32
		33
		34
		35
I	N ½	4
		5
	S ½	6
		7
		15
	S ½	16
	S ½	17
	S ½	18
	S ½	20
	S ½	21
		22
	S ½	23
	N ½	26
	N ½	27
		28
	S ½	29
	S ½	32
	S ½	33
II		1
		2
	S ½	3
	S ½	4
		7
		15
		16
		25
		26
	N ½	27
		28
	N ½	29
	N ½	30
	N ½	31
	N ½	32
	N ½	33
		34
		35
III		1
		2
		6
		7
		8
	S ½	9
	S ½	10
		11
	S ½	12
	N ½ of N ½	14
		15
		16
	S ½	20
		21
		22
		23
		24
	S ½	25
	S ½ of S ½	26
		32
		33
	N ½	34
		35
IV		3
		4
		5
		6
	S ½ of S ½	7
	S ½	8
		9
	N ½	15
		16
		17
		23
		24
		26
		27
	S ½	28
	S ½	29
	S ½	30
	S ½	31
		32
	S ½	33
	S ½	34
		35
V		2
		3
	S ½	5
	S ½	6
		7
	N ½	8
	N ½	9
	N ½	12
		13
		14
		15
		16
	S ½	17
		18
		19
		23
		24
	N ½	25
		26
	S ½	27
	S ½	31
	S ½	32
		34
	S ½	35
VI		1
		2
		3
		4
		5
		7
	N ½	8
	N ½	10
		11
	S ½	12
	S ½	13
		14
		15
		16
		19
		20
		23
		24
	S ½	25
		26
		27
	S ½	28
		29
		30
		31
		32
VII		1
		2
	S ½	3
	S ½	4
		5
		6
		7
		8
	N ½	9
		10
	S ½	11
		12
	S ½	13
		14
		15
		19
		20
		21
	S ½	26
	S ½	27
	S ½	28
	S ½	29
	S ½	31
	S ½	32
	S ½ of S ½	33
VIII	S ½	4
		5
	S ½	6
	S ½	7
		8
		9
		10
	N ½	11
		12
		14
		15
		16
	S ½	17
	N ½	18
		19
	S ½	21
		22
		23
		24
		25
		26
	N ½	27
		28
	N ½	29
	N ½	32
	N ½	33
		34
	S ½	35
IX	S ½	11
	S ½	12
		14
	S ½	15
	S ½ of S ½	16
	S ½	22
		23
		24
	N ½	25
		26
		27
		28
		29
		32
	S ½	33
X	S ½	25
	S ½	26

4. In the Town of Whitby, and being composed of the following lots and parts of lots:

Concession	Lot
Broken Front		18
		19
		20
		21
		25
		26
		27
		28
		31
		32
		33
		34
I		18
		19
		20
		21
		22
		24
	S ½	25
		30
		31
		32
	S ½	33
		34
II		18
		19
		20
	N ½	23
		24
		29
		30
		31
		32
	N ½	33
		34
	N ½	35
III	S ½	18
		19
		20
		21
		22
		23
		24
	N ½	25
		28
		29
	S ½	30
		31
		32
	S ½	33
		34
		35
IV		20
	S ½	21
	S ½	22
	N ½	24
	N ½	25
	N ½	26
	N ½	27
		28
	S ½	30
		31
		32
		34
V	N ½	18
		23
		24
	N ½	28
	N ½	29
		30
		31
	N ½	32
		34
	N ½	35
VI		18
	N ½	19
	S ½	23
		24
		27
	S ½	28
		29
		30
		31
	S ½	32
	S ½	33
		34
		35
VII		18
		19
		24
		25
		30
		31
	S ½	32
		33
	N ½	34
		35
VIII		18
		19
	N ½	20
		24
	S ½	25
	S ½	26
		27
		28
	N ½	29
		30
		31
	S ½	33
		34
		35
IX	S ½	18
	S ½	19
		23
		24
	S ½	30
		31
		32
		33
		34

5. In the City of Oshawa, formerly in the Township of East Whitby, and being composed of the following lots and parts of lots:

Concession	Lot
II	N ½	2
	N ½	3
	N ½	4
	N ½	5
III	S ½	1
	S ½	2
		3
		4
		5
		6
		7
IV	S ½	3
		5
	N ½	6
	N ½	7
	N ½	8
	N ½	9
	N ½	10
	N ½	11
	N ½	14
V	S ½	6
	N ½	8
		9
	S ½	10
	S ½	11
	S ½	14
	S ½	15
		16
	N ½	17
VI	N ½	1
	N ½	2
	N ½	3
	N ½	4
		5
		6
		7
		8
		9
	N ½	13
	N ½	14
		15
		16
		17
VII	S ½	1
	S ½	2
	S ½	3
	N ½	4
		5
		6
	N ½	7
		8
	S ½	9
	S ½	11
		12
		13
	N ½	14
		15
VIII		3
		4
	S ½	5
		6
		7
	S ½ of S ½	8
	N ½	10
		11
	S ½	12
	S ½	13
		14
		15
	N ½	17
IX		12
	S ½	13
	S ½	14
	S ½	17

6. In the Town of Whitby, formerly in the Township of Pickering, and being composed of the following lots and parts of lots:

Concession	Lot
III		1
IV	S ½	1
		2
V		2
	N ½	3
VI		3
VII		1
	N ½	2
VIII		2
		3
IX	S ½	1
	S ½	2
	S ½	3

7. In the Township of Scugog, formerly in the Township of Reach, and being composed of the following lots and parts of lots:

Concession	Lot
I		1
		2
		3
	S ½	4
	S ½	5
	S ½	6
	S ½	7
	S ½	8
	S ½	9
II	S ½	1
	S ½	2
	S ½	3

8. In the Township of Uxbridge, and being composed of the following lots and parts of lots:

Concession	Lot
VII	E ½ of E ½	5

9. Those parts of the City of Oshawa being composed of:

i. The following lots and parts of lots:

Concession	Lot
I	S ½	1
	S ½	2
II		16
III	S ½	15
		16
	N ½	17

ii. That part bounded on the north by the City Limits, on the east by the City Limits, on the south by Taunton Road, on the west by Stevenson Road North.

iii. That part enclosed within the following irregular boundaries; commencing at the northeast angle being the intersection of Taunton Road East and the City Limits, thence southerly and easterly along the City Limits to Townline Road North, thence southerly along Townline Road North to King Street East, thence westerly along King Street East to Wilson Road North, thence northerly along Wilson Road North to Colborne Street East, thence westerly along Colborne Street East to Central Park Blvd. North, thence northerly along Central Park Blvd. North to Holcan Avenue, thence westerly and northerly along Holcan Avenue to Hillcroft Street, thence westerly along Hillcroft Street to Oshawa Blvd. North, thence northerly along Oshawa Blvd. North to Darcy Street, thence westerly along Darcy Street to Grierson Street, thence northerly along Grierson Street to Robert Street, thence westerly along Robert Street to Simcoe Street North, thence northerly along Simcoe Street North, to Taunton Road East, thence easterly along Taunton Road East to the point of commencement.

iv. That part bounded on the north by King Street East, on the east by Lorindale Drive and northerly and southerly projections of Lorindale Drive from King Street East to Olive Avenue, and on the south and west by an irregular boundary running westerly along Olive Avenue to Harmony Road South, thence northerly along Harmony Road South to Taylor Avenue, thence westerly along Taylor Avenue to Farewell Avenue, thence northerly along Farewell Avenue to King Street East.

v. That part bounded on the north by Olive Avenue, on the east by Grandview Street South, on the south by Bloor Street East, and on the west by Harmony Road South.

vi. That part bounded on the north by Tennyson Avenue and a line projected westerly from Tennyson Avenue to Wilson Road South, on the east by Harmony Road South, on the south by Bloor Street East, and on the west by Wilson Road South.

vii. That part bounded on the north by Bloor Street East, on the east by the Canadian Pacific Railway easement and Townline Road South, on the south by Lake Ontario, and on the west by Farewell Street and a line projected southerly from Farewell Street to Lake Ontario.

viii. That part enclosed within the following irregular boundaries; commencing at the northeast angle being the intersection of Bloor Street East and Wilson Road South, thence southerly along Wilson Road South to Raleigh Avenue, thence easterly along Raleigh Avenue to Farewell Street, thence southerly along Farewell Street and a line projected southerly to Lake Ontario, thence southwesterly along the shore of Lake Ontario to Henry Street, thence northerly along Henry Street to Simcoe Street South, thence northwesterly along Simcoe Street South to Nelson Street, thence northerly along Nelson Street to Conant Street, thence westerly along Conant Street to Ritson Road South, thence northerly along Ritson Road South to Bloor Street East, thence easterly along Bloor Street East to the point of commencement.

ix. That part enclosed within the following irregular boundaries; commencing at the northeast angle being the intersection of the Canadian Pacific Railway easement and Simcoe Street South, thence southerly and southeasterly along Simcoe Street South to Wentworth Street, thence southwesterly along Wentworth Street to Ravine Street, thence southeasterly and southerly along Ravine Street to Southlawn Avenue, thence easterly along Southlawn Avenue to Cloverdale Street, thence southerly along Cloverdale Street to Willowbank Court, thence northeasterly along Willowbank Court to Kawartha Street, thence easterly along Kawartha Street to Simcoe Street South, thence southeasterly along Simcoe Street South to Henry Street, thence southerly along Henry Street to Lakeview Park Avenue, thence westerly along Lakeview Park Avenue to Ritson Road South, thence northerly along Ritson Road South to Valley Drive, thence northwesterly along Valley Drive to Thomas Street, thence westerly along Thomas Street to Cedar Street, thence northerly along Cedar Street to Wentworth Street, thence westerly along Wentworth Street to Glen Street, thence northerly along Glen Street to Malaga Road, thence westerly along Malaga Road to Oxford Street, thence northerly along Oxford Street to Mill Street, thence westerly along Mill Street to Cubert Street, thence northerly along Cubert Street to the Canadian Pacific Railway easement, thence easterly along the Canadian Pacific Railway easement to the point of commencement.

x. That part bounded on the north by Gibb Street, on the east by Centre Street, on the south by the Canadian Pacific Railway easement, on the east by Durham Street and along a line projected southerly from Durham Street to the Canadian Pacific Railway easement.

xi. That part bounded on the north by King Street West, on the east by Stevenson Road South, on the south by Gibb Street and on the west by Waverly Street.

xii. That part enclosed within the following irregular boundaries; commencing at the northeast angle being the intersection of Taunton Road West and a line projected northerly from Mohawk Street southerly along this line and Mohawk Street to Switzer Drive, thence on a line projected southerly from Mohawk Street and Switzer Drive to Glenwood Crescent and Bessborough Drive, thence southerly along Bessborough Drive to Rossland Road West, thence southerly along a line projected from Bessborough Drive and Rossland Road West to Grooms Avenue, thence southerly along Grooms Avenue to Adelaide Avenue West, thence southerly along Kaiser Crescent and McMillan Drive to King Street West, thence easterly along King Street West to Centre Street, thence southerly along Centre Street to Gibb Street, thence westerly along Gibb Street to Nassau Street, thence northerly along Nassau Street to King Street West, thence easterly along King Street West to Arena Street, thence northerly along Arena Street to Adelaide Avenue West, thence westerly along Adelaide Avenue West to Park Road North, thence northerly along Park Road North and Nipigon Street to Rossland Road West, thence easterly along Rossland Road West to Glenmanor Drive, thence northerly along Glenmanor Drive and a line projected northerly from the end of Glenmanor Drive to the southern boundary of the North Half of Lot 13, Concession III, thence westerly along the southern boundary of the North Half of Lot 13, Concession III, thence northerly along the lot line between lots 13 and 14, Concession III to Taunton Road West, thence easterly along Taunton Road West to the point of commencement.

xiii. That part bounded on the north by Rossland Road West, on the east by Thornton Road, on the south by Champlain Avenue and on the west by the city limits,

as shown on maps filed in the office of the Registrar of Regulations at Toronto as Nos. 1339 and 1340.

xiv. That part bounded on the east by Ritson Road South, on the north by the westerly extension of Lakeview Park Avenue to Cedar Street, on the west by Cedar Street and its southerly extension to Lake Ontario and on the south by Lake Ontario,

as shown on a map filed in the office of the Registrar of Regulations at Toronto as No. 1623.

R.R.O. 1990, Reg. 145, Sched.