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R.R.O. 1990, Reg. 157: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - MATTAGAMI 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 157

No Amendments

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — MATTAGAMI 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 Mattagami Region Conservation Authority;

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

“fill” means any material 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;

“regional storm” means,

(a) for the main channel of the Mattagami River, the rainfall, snowmelt or the combination of rainfall and snowmelt, that would produce at Sandy Falls a peak flow of 807 cubic metres per second,

(b) for rivers, streams and watercourses other than the main channel of the Mattagami River, a storm producing in a twelve hour period, on a drainage area of,

(i) twenty-five square kilometres or less, a rainfall that has the distribution set out in Table 1, or

(ii) more than twenty-five square kilometres, a rainfall such that the number of millimetres 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;

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

TABLE 1

Distribution of Regional Storm Rainfall — Watershed Area square kilometres or less

15 mm of rain in the first hour

20 mm of rain in the second hour

10 mm of rain in the third hour

3 mm of rain in the fourth hour

5 mm of rain in the fifth hour

20 mm of rain in the sixth hour

43 mm of rain in the seventh hour

20 mm of rain in the eighth hour

23 mm of rain in the nineth hour

13 mm of rain in the tenth hour

13 mm of rain in the eleventh hour

8 mm of rain in the twelfth hour

TABLE 2

Column 1

Column 2

Drainage Area (Square Kilometres)

Percentage

26 to 50 both inclusive

97

51 to 75 both inclusive

94

76 to 100 both inclusive

90

101 to 150 both inclusive

87

151 to 200 both inclusive

84

201 to 250 both inclusive

82

251 to 375 both inclusive

79

376 to 500 both inclusive

76

501 to 750 both inclusive

74

751 to 1000 both inclusive

70

1001 to 1250 both inclusive

68

1251 to 1500 both inclusive

66

1501 to 1800 both inclusive

65

1801 to 2100 both inclusive

64

2101 to 2300 both inclusive

63

2301 to 2600 both inclusive

62

2601 to 3900 both inclusive

58

3901 to 5200 both inclusive

56

5201 to 6500 both inclusive

53

6501 to 8000 both inclusive

50

R.R.O. 1990, Reg. 157, s. 1.

2. The areas described in the Schedule are areas which, in the opinion of the Authority, are susceptible to flooding during a regional storm and may be affected by the placing or dumping of fill. R.R.O. 1990, Reg. 157, s. 2.

3. No person shall,

(a) construct any building or permit any building 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 any area described in the Schedule whether the fill is already located in or upon the area, or brought to or on the area from some other place; or

(c) straighten, change, divert or interfere in any way with the existing channel or of river, creek, stream or watercourse,

except in accordance with a permission issued under section 4. R.R.O. 1990, Reg.  157, 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 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 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 the land. R.R.O. 1990, Reg. 157, s. 4.

5. (1) A signed application for permission to construct a building must be filed with the Authority and include,

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

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

(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 building following completion of the construction. R.R.O. 1990, Reg. 157, s. 5 (1).

(2) A signed application for permission to place or dump fill must be filed with the Authority and 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 completing of placing or dumping. R.R.O. 1990, Reg. 157, s. 5 (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 must be filed with the Authority and 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. 157, s. 5 (3).

6. Members of the staff of the Authority are appointed officers to enforce this Regulation. R.R.O. 1990, Reg. 157, s. 6.

SCHEDULE 1

MATTAGAMI RIVER

1. That part of the Mattagami River watershed within the City of Timmins, in the Township of Mountjoy, commencing at Sandy Falls dam extending upstream to the Mountjoy Township – Ogden Township boundary and thence southerly into the Township of Ogden for a distance of 1.02 kilometres.

KRAFT CREEK

2. That part of the Kraft Creek watershed in the City of Timmins, in the Township of Mountjoy, from its confluence with the Mattagami River, upstream to a point 0.51 kilometres, north of Laforest Road.

TOWN CREEK

3. That part of the Town Creek watershed in the City of Timmins, in the Township of Mountjoy and The Township of Tisdale, from its confluence with the Mattagami River, upstream for a distance of 3.58 kilometres.

MOUNTJOY RIVER

4. That part of the watershed of the Mountjoy River, in the City of Timmins, in the Township of Mountjoy, from its confluence with the Mattagami River extending upstream for a distance of 4.83 kilometres and including the shoreline of Miller Lake.

GILLIES LAKE

5. The shoreline of Gillies Lake, in the City of Timmins, in the Township of Tisdale.

PEARL LAKE

6. The shoreline of Pearl Lake, in the City of Timmins, in the Township of Tisdale.

PORCUPINE RIVER
(UPSTREAM PORCUPINE LAKE)

7. That part of the Porcupine River watershed in the City of Timmins, in the Township of Tisdale, from its headwaters at Pearl Lake extending downstream to Porcupine Lake.

SOUTH PORCUPINE RIVER

8. That part of the South Porcupine River watershed in the City of Timmins, in the Township of Tisdale, from its confluence with the Porcupine River, upstream for a distance of 0.65 kilometres.

PORCUPINE LAKE

9. The shoreline of Porcupine Lake, and all tributaries to Porcupine Lake, in the City of Timmins, in the Townships of Tisdale and Whitney.

BOB’S LAKE

10. The shoreline of Bob’s Lake, in the City of Timmins, in the Township of Whitney.

BOB’S CREEK

11. That part of the watershed of Bob’s Creek in the City of Timmins, in the Township of Whitney, from its headwaters at Bob’s Lake, extending downstream to Porcupine Lake.

PORCUPINE RIVER
(DOWNSTREAM PORCUPINE LAKE)

12. That part of the Porcupine River watershed in the City of Timmins, in the Township of Whitney, from Porcupine Lake and thence downstream for a distance of 4.19 kilometres.

THREE NATIONS LAKE

13. The shoreline of Three Nations Lake, in the City of Timmins, in the Township of Whitney, and that part of the watershed of an unnamed creek extending downstream from Three Nations Lake for a distance of 2.45 kilometres.

PORCUPINE RIVER
(AT HOYLE)

14. That part of the Porcupine River watershed in the City of Timmins, in the Township of Matheson, commencing at a point 2.16 kilometres north of Highway No. 610 and thence southerly to a point 1.26 kilometres south of Highway No. 101.

KAMISKOTIA LAKE

15. The shoreline of Kamiskotia Lake, and its tributaries, in the City of Timmins, in the Township of Robb.

As shown delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Timmins, as Nos. MR-l to MR-38, both inclusive.

R.R.O. 1990, Reg. 157, Sched. 1.