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R.R.O. 1990, Reg. 146: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - CREDIT VALLEY

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

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Versions
revoked or spent May 4, 2006
July 14, 1992 May 3, 2006

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

R.R.O. 1990, REGULATION 146

Amended to O. Reg. 160/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — CREDIT VALLEY

Note: This Regulation was revoked on May 4, 2006. See: O. Reg. 160/06, s. 13.

This Regulation is made in English only.

1. In this Regulation,

Authority” means The Credit Valley 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 Schedules;

“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. R.R.O. 1990, Reg. 146, 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. 146, 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 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. 146, 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. 146, 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. 146, s. 5.

6. (1) A signed application for permission to construct a building or structure shall be filed with the Manager/Secretary-Treasurer of 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. 146, s. 6 (1).

(2) A signed application for permission to place or dump fill shall be filed with the Manager/Secretary-Treasurer of 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. 146, 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 Manager/Secretary-Treasurer of 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. 146, 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. 146, s. 7.

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. 146, s. 1.

SCHEDULE 1

The part of the watershed of the Credit River between Lake Ontario in the City of Mississauga to the Credit Forks Station in the Town of Caledon; the part of the watershed of Silver Creek (Credit River West Branch) from the confluence with the Credit River to Lot 25, Concession VIII in the Town of Halton Hills; the part of the watershed of Black Creek from the confluence with Silver Creek to Trafalgar Road in the Town of Halton Hills; and the part of the watershed of Carolyn Creek between the confluence with the Credit River and Second Line West in the City of Mississauga within the fill line as shown on Credit River flood plain drawings 101 to 110, 112, 113, 115 to 117, 119 to 123, 201 to 218, 220, 302 to 316, 402 to 422, 424 to 439, 502 to 507, 509, 510, 512 to 518, 520 to 530, 532 to 537, 539 and 540, filed in the regional office of the Ministry of Natural Resources at Aurora as Numbers CV1-101 to CV1-110, CV1-112, CV1-113, CV1-115 to CV1-117, CV1-119 to CV1-123, CV1-201 to CV1-218, CV1-220, CV1-302 to CV1-316, CV1-402 to CV1-422, CV1-424 to CV1-439, CV1-502 to CV1-507, CV1-509, CV1-510, CV1-512 to CV1-518, CV1-520 to CV1-530, CV1-532 to CV1-537, CV1-539 and CV1-540 and identified by the stamp of the Registrar of Regulations dated the 6th day of December, 1991, and more particularly described as follows:

1. In the City of Mississauga, formerly the Township of Toronto, lands within the valley of the Credit River from the mouth at Lake Ontario to the boundary between Range 4 N.D.S. and Range 5 N.D.S., and in addition the following lots and part lots:

Range

Lot

 

5 N.D.S.

 

3

   

4

Concession

Lot

 

2 W.H.S.

W ½

12

3 W.H.S.

W ½

2

   

3

 

W ½

6

   

7

   

8

   

9

   

10

   

11

   

12

4 W.H.S.

 

1

   

2

 

W ½

3

 

W ½

4

   

5

   

6

   

7

2. In the City of Brampton, formerly the Township of Toronto and being composed of the following lots and parts of lots:

Concession

Lot

 

3 W.H.S.

 

13*

   

14*

 

W ½

14*

4 W.H.S.

 

14*

   

15*

   

*south of Steeles Avenue

3. In the City of Brampton, formerly the Township of Chinguacousy, and being composed of the following lots and parts of lots:

Concession

Lot

 

3 W.H.S.

W ½

1

 

W ½

2

   

3

4 W.H.S.

E ½

1

 

E ½

2

   

3

   

4

   

5

5 W.H.S.

E ½

4

   

5

   

6

   

7

 

W ½

8

6 W.H.S.

 

7

   

8

   

9

   

10

 

W ½

11

 

W ½

13

4. In the Town of Caledon, formerly the Township of Chinguacousy, and being composed of the following lots and parts of lots:

Concession

Lot

 

1 W.H.S.

W ½

34

2 W.H.S.

W ½

32

 

W ½

33

   

34

3 W.H.S.

W ½

29

   

30

   

31

   

32

 

E ½

33

4 W.H.S.

W ½

28

   

29

 

E ½

30

5 W.H.S.

 

27

   

28

   

29

6 W.H.S.

 

26

   

27

   

28

5. In the Town of Caledon, formerly the Township of Caledon, and being composed of the following lots and parts of lots:

Concession

Lot

 

1 W.H.S.

 

1

   

2

   

3

   

4

   

5

   

6

 

W ½

7

 

W ½

8

2 W.H.S.

 

1

 

E ½

6

   

7

   

8

3 W.H.S.

E ½

6

   

7

   

8

   

9

   

10

6. In the Town of Halton Hills, formerly in the Township of Esquesing, and being composed of the following lots and parts of lots:

Concession

Lot

 

8

 

16

   

17

 

E ½

21

 

E ½

22

 

E ½

23

9

 

13

   

14

   

15

 

W ½

16

 

W ½

17

 

W ½

18

   

19

   

20

   

21

10

 

12

   

13

   

14

 

E ½

15

   

16

   

17

   

18

   

19

 

W ½

20

   

21

   

22

   

23

 

E ½

24

11

E ½

10

   

11

   

12

   

13

   

14

   

15

   

16

 

W ½

22

   

23

   

24

   

25

   

26

 

E ½

27

 

E ½

28

O.Reg. 396/92, s. 1.

SCHEDULE 2

The part of the watershed of Turtle Creek from Lake Ontario to Barsuda Drive; all lands in the valley of Birchwood Creek from Lake Ontario to Truscott Drive; and all lands in the valley of Lornewood Creek from Lake Ontario to Lorne Wood Road, all in the City of Mississauga within the fill line as shown on drawings 1 to 6 and 8 to 12, filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Numbers CV2-1 to CV2-6 and CV2-8 to CV2-12 and identified by the stamp of the Registrar of Regulations dated the 14th day of June, 1989.

R.R.O. 1990, Reg. 146, Sched. 2.

SCHEDULE 3

All lands within the valley of Fletchers Creek in The Regional Municipality of Peel from the confluence with the Credit River in the City of Mississauga to the 15th Sideroad in the City of Brampton as shown delineated by a broken heavy line on the Fletchers Creek flood plain plans 1 to 11 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV3-1 to CV3-11, both inclusive.

R.R.O. 1990, Reg. 146, Sched. 3.

SCHEDULE 4

All lands within the valley of Cooksville Creek between Lake Ontario and Highway 401 within The Regional Municipality of Peel as shown delineated by a solid heavy line on plans 1 to 9 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV4-1 to CV4-9, both inclusive.

R.R.O. 1990, Reg. 146, Sched. 4.

SCHEDULE 5

All lands within the valley of Silver Creek within lots 25, 26 and 27, Concession VIII, lots 25, 26, 27, 28 and 29, Concession IX and lots 27, 28 and 29, Concession X, in the Township of Esquesing, as it existed on the 31st day of December, 1973, shown on plans 1 and 2 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV5-1 and CV5-2.

R.R.O. 1990, Reg. 146, Sched.5.

SCHEDULE 6

All lands within a portion of the City of Mississauga Waterfront Area between the line marking the southwesterly limit of the former Town of Port Credit and Clarkson Road South and bounded on the northwest by Lakeshore Road West being King’s Highway No. 2, shown delineated by a solid heavy line on plans 1 and 2 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV6-1 and CV6-2.

R.R.O. 1990, Reg. 146, Sched. 6.

SCHEDULE 7

All lands within the valley of the watercourse between the Queen Elizabeth Way and Mineola Road shown delineated by a solid heavy line on the contour plan filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as No. CV7-1.

R.R.O. 1990, Reg. 146, Sched. 7.

SCHEDULE 8

The part of the watershed of Kenolli Creek from the confluence with Mary Fix Creek to the Queensway West in the City of Mississauga within the fill line as shown on drawings 1 to 4, filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV8-1 to CV8-4 and identified by the stamp of the Registrar of Regulations dated the 14th day of June, 1989.

R.R.O. 1990, Reg. 146, Sched. 8.

SCHEDULE 9

All lands within the valley of the Credit River between the Credit Forks Station and the Town Line dividing that part of the Town of Caledon that was formerly the Township of Caledon and the Town of Orangeville, shown delineated by a broken heavy line on the Credit River Flood plain plans 1 to 12 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV9-1 to CV9-12, both inclusive.

R.R.O. 1990, Reg. 146, Sched. 9.

SCHEDULE 10

All lands within the valley of the Credit River between the Town Line dividing that part of the Town of Caledon that was formerly the Township of Caledon and the Town of Orangeville and the Orangeville Reservoir, and the watercourse from King’s Highway No. 9 along the Canadian Pacific Railway to the Credit River Valley, shown delineated by a broken heavy line on plans 1 and 2 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV10-1 and CV10-2.

R.R.O. 1990, Reg. 146, Sched. 10.

SCHEDULE 11

All lands within the valley of the West Branch of the Credit River from the Credit River in The Regional Municipality of Peel into the Township of Erin as shown delineated by a solid heavy line on plans 1 to 13 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV11-1 to CV11-13, both inclusive.

R.R.O. 1990, Reg. 146, Sched. 11.

SCHEDULE 12

All lands within the valley of the East Branch of the Credit River from the Credit River within the Town of Caledon as shown delineated by a solid heavy line on plans 1 to 6 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV12-1 to CV12-6, both inclusive.

R.R.O. 1990, Reg. 146, Sched. 12.

SCHEDULE 13

All lands within the valley of the Mullett Creek from the Credit River in the City of Mississauga to the 6th Line, West of Hurontario Street in the City of Brampton as shown delineated by a solid heavy line on plans 1 to 13 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV13-1 to CV13-13, both inclusive.

R.R.O. 1990, Reg. 146, Sched. 13.

SCHEDULE 14

All lands within the valley of the Levi Creek from the Credit River in the City of Mississauga in The Regional Municipality of Peel into the Town of Halton Hills in The Regional Municipality of Halton as shown delineated by a solid heavy line on plans 1 to 8 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV14-1 to CV14-8, both inclusive.

R.R.O. 1990, Reg. 146, Sched. 14.

SCHEDULE 15

All lands within the valley of the Black Creek from the Credit River to the former Village of Acton all within the Town of Halton Hills in The Regional Municipality of Halton as shown delineated by a solid heavy line on plans 1 to 8 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV15-1 to CV15-8, both inclusive.

R.R.O. 1990, Reg. 146, Sched. 15.

SCHEDULE 16

All lands within the valley of the Caledon Creek from the Credit River through the Town of Caledon in The Regional Municipality of Peel as shown delineated by a solid heavy line on plans 1 to 14 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV16-1 to CV16-14, both inclusive.

R.R.O. 1990, Reg. 146, Sched. 16.

SCHEDULE 17

All lands within the valley of the Shaws Creek from the Credit River as shown delineated by a solid heavy line on plans 1 to 14 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV17-1 to CV17-14, both inclusive.

R.R.O. 1990, Reg. 146, Sched. 17.

SCHEDULE 18

The part of the watershed of Wolfedale Creek from the confluence with the Credit River to Highway 403, in the City of Mississauga within the file line as shown on drawings 1 to 5, 7 and 8 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV18-1 to CV18-5, CV18-7 and CV18-8, and identified by the stamp of the Registrar of Regulations dated the 14th day of June, 1989.

R.R.O. 1990, Reg. 146, Sched. 18.

SCHEDULE 19

The part of the watershed of Loyalist Creek from the Credit River to Winston Churchill Boulevard in the City of Mississauga within the fill line as shown on drawings 3, 4 and 6 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV19-3, CV19-4 and CV19-6, and identified by the stamp of the Registrar of Regulations dated the 14th day of June, 1989.

R.R.O. 1990, Reg. 146, Sched. 19.

SCHEDULE 20

The part of the watershed of Sheridan Creek from Clarkson Road in the City of Mississauga to Winston Churchill Boulevard in the Town of Oakville within the fill line as shown on drawings 2 and 5 to 8 filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Nos. CV20-2 and CV20-5 to CV20-8 and identified by the stamp of the Registrar of Regulations dated the 14th day of June, 1989.

R.R.O. 1990, Reg. 146, Sched. 20.