R.R.O. 1990, Reg. 159: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - THE MISSISSIPPI VALLEY

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

R.R.O. 1990, REGULATION 159

Amended to O. Reg. 153/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — THE MISSISSIPPI VALLEY

Note: This Regulation was revoked on May 4, 2006. See: O. Reg. 153/06, s. 13.

This Regulation is made in English only.

1. In this Regulation,

“Authority” means The Mississippi Valley Conservation Authority;

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

“drainage area” means, for a point, the area that contributes runoff to that point;

“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 a line designated as such on the maps referred to in the Schedules;

“mm” means millimetres;

“regional storm” means the rainfall, snowmelt, or combination of rainfall and snowmelt that would produce at a specific point in the river a peak flow which has the probability of occurrence of 1 per cent during any one year;

“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. 159, s. 1.

2. The areas described in the Schedules are areas that, 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. 159, s. 2.

3. No person shall,

(a) construct a building or permit a 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 an area described in the Schedules 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 of a river, lake, stream, creek or watercourse, except in accordance with a permit issued under section 4. R.R.O. 1990, Reg. 159, s. 3.

4. Subject to the Ontario Water Resources Act, the Authority may permit in writing the construction of a building or the placing or dumping of fill or the straightening, changing, diverting or interfering with the existing channel of a river, lake, creek, stream or watercourse to which section 3 applies if, in the opinion of the Authority, the construction, the placing or dumping or the straightening, changing, diverting or interfering will not affect the control of flooding or pollution or the conservation of land. R.R.O. 1990, Reg. 159, s. 4.

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

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

(b) a complete description of the type of building to be constructed, including drainage details and methods of construction;

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

(d) a statement of the proposed use of the building following completion of the construction. R.R.O. 1990, Reg. 159, s. 5 (1).

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

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

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

(d) a statement of the proposed use of the land following completion of the placing or dumping. R.R.O. 1990, Reg. 159, 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, lake, creek, stream or watercourse shall be filed with the Authority and shall include four copies of,

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

(b) a description of the protective measures to be undertaken and the method to be used to carry out the straightening, change, diversion or interference;

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

(d) a statement of the purpose of the proposed work. R.R.O. 1990, Reg. 159, s. 5 (3).

6. The Authority may, at any time, withdraw any permission given under section 4 if, in the opinion of the Authority, the representations contained in the application for the permission are not carried out. R.R.O. 1990, Reg. 159, s. 6.

7. Members of the staff of the Authority are appointed officers to enforce this Regulation. R.R.O. 1990, Reg. 159, s. 7.

SCHEDULE 1

OTTAWA RIVER

That part of the watershed of the Ottawa River extending from the outlet of the Mississippi River into Marshall Bay to Shirleys Bay within the Township of West Carleton and the City of Nepean, in The Regional Municipality of Ottawa-Carleton, affecting the lots described below as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as Map Nos. 1 to 87, and Mississippi River Series Map No. 20 and identified by a stamp of the Registrar of Regulations dated the 3rd day of February, 1988.

1. In the Township of West Carleton in The Regional Municipality of Ottawa-Carleton.

Concession		Lot
V	(Fitzroy)	parts of 25 to 26 inclusive
VI	(F)	parts of 25 to 27 inclusive
VII	(F)	parts of 26 and 27
VIII	(F)	parts of 24 and 25
IX	(F)	parts of 23
X	(F)	parts of 23 to 27 inclusive
A to F	(F)
I	(Torbolton)	parts of 27
II	(T)	parts of 25 to 27 inclusive
III	(T)	parts of 23 to 25 inclusive
IV	(T)	parts of 10 to 23 inclusive
V	(T)	parts of 9 to 20 inclusive
VI	(T)	parts of 9 to 12 inclusive
VII	(T)	parts of 6 to 9 inclusive
VIII	(T)	parts of 1 to 7 inclusive
A	(T)

2. In the City of Kanata in The Regional Municipality of Ottawa-Carleton.

Concession		Lot
V	(March)	parts of 12 to 14 inclusive
VI	(M)	parts of 11 to 14 inclusive
VII	(M)	parts of 11 and 24
VIII	(M)	parts of 24 and 27

3. In the City of Nepean in The Regional Municipality of Ottawa-Carleton.

Concession	Lot
A	parts of 4 to 6 inclusive
B	parts of 1 to 3 inclusive

OTTAWA RIVER (SOUTH BRANCH)

4. In the Township of West Carleton in The Regional Municipality of Ottawa-Carleton.

Concession		Lot
V	(F)	parts of 24
VI	(F)	parts of 22 to 24 inclusive
VII	(F)	parts of 22 and 23
VIII	(F)	parts of 21 to 23 inclusive
IX	(F)	parts of 21 to 23 inclusive

R.R.O. 1990, Reg. 159, Sched. 1.

SCHEDULE 2

CARP RIVER

That part of the watershed of the Carp River extending from the headwaters in the City of Nepean, through the Township of Goulbourn to the mouth of the river at Fitzroy Harbour in the Township of West Carleton all in The Regional Municipality of Ottawa-Carleton affecting the lots described below as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as Map Nos. 21 to 27 Mississippi River Series, CG1 to CG2, FH1 to FH4, and C1 to C2 and identified by a stamp of the Registrar of Regulations dated the 3rd day of February, 1988.

1. In the City of Kanata in The Regional Municipality of Ottawa-Carleton.

Concession		Lot
V	(March)	parts of 1 to 10 inclusive
VI	(Nepean)	parts of 33
XI	(Goulbourn)	parts of 29 to 32 inclusive
XII	(G)	parts of 29

2. In West Carleton Township in The Regional Municipality of Ottawa-Carleton.

Concession		Lot
VI	(Fitzroy)	parts of 11 to 12
VII	(F)	parts of 6 to 15 inclusive
VIII	(F)	parts of 14 to 16 and 1 to 10 inclusive
IX	(F)	parts of 1, 15 and 16
X	(F)	parts of 16 to 27 inclusive
I	(Huntley)	parts of 8 to 14 inclusive
II	(H)	parts of 13 to 17 inclusive
III	(H)	parts of 17 to 25 inclusive
IV	(H)	parts of 23 to 27 inclusive

R.R.O. 1990, Reg. 159, Sched. 2.

SCHEDULE 3

MISSISSIPPI RIVER

That part of the watershed of the Mississippi River extending from its outlet at Mississippi Lake in Beckwith Township through Ramsay and Pakenham townships, all in the County of Lanark, to its mouth at the Ottawa River in West Carleton Township in The Regional Municipality of Ottawa-Carleton affecting the lots described below as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as Map Nos. 1 to 9 and 9a Mississippi River Series, CP1 to CP2, C1 to C2, G1 to G2, P1, B1, AP1 and A1 to A2 and identified by a stamp of the Registrar of Regulations dated the 3rd day of February, 1988.

1. In Beckwith Township in the County of Lanark.

Concession	Lot
XI	parts of 11 to 13 and 17 to 20 inclusive
XII	parts of 11 to 20 inclusive

2. In Ramsay Township in the County of Lanark.

Concession	Lot
VIII	parts of 1
IX	parts of 1 to 27 inclusive
X	parts of 2 to 15 inclusive

3. In Pakenham Township in the County of Lanark.

Concession	Lot
IX	parts of 1 to 6 inclusive
X	parts of 3 to 10 inclusive
XI	parts of 1 to 12 inclusive
XII	parts of 12 and 13

4. In West Carleton Township in The Regional Municipality of Ottawa-Carleton.

Concession		Lot
I	(Fitzroy)	parts of 12 to 15 inclusive
II	(F)	parts of 13 to 15 inclusive
III	(F)	parts of 15 and 16
IV	(F)	parts of 15 to 17 and 20 to 25 inclusive
V	(F)	parts of 17 to 20 and 21 to 22 inclusive
VI	(F)	parts of 20 to 23 inclusive

R.R.O. 1990, Reg. 159, Sched. 3.

SCHEDULE 4

MISSISSIPPI LAKE

That part of the watershed of the Mississippi Lake in the townships of Drummond, Beckwith and Ramsay in the County of Lanark affecting the lots described below as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as Map Nos. 1 to 14, and identified by a stamp of the Registrar of Regulations dated the 3rd day of February, 1988.

1. In Drummond Township in Lanark County.

Concession	Lot
VI	parts of 20 to 22 inclusive
VII	parts of 19 and 20 and 22 to 27 inclusive
VIII	parts of 20 and 23 to 27 inclusive
IX	parts of 19 to 23 inclusive
X	part of 20 to 22 inclusive
XI	parts of 20 and 21

2. In Beckwith Township in Lanark County.

Concession	Lot
VII	parts of 1 and 2
VIII	parts of 1 to 5 inclusive
IX	parts of 3 to 8 inclusive
X	parts of 3 to 5 and 8 inclusive
XI	parts of 5 to 11 inclusive
XII	parts of 4 to 7 and 10 and 11 inclusive

3. In Ramsay Township in Lanark County.

Concession	Lot
III	parts of 1
IV	parts of 1
V	parts of 1

R.R.O. 1990, Reg. 159, Sched. 4.

SCHEDULE 5

INDIAN RIVER

That part of the watershed of the Indian River extending from its outlet at Clayton Lake to its mouth at the Mississippi River in Ramsay Township in the County of Lanark affecting the lots described below as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as Map Nos. 10 and 11 Mississippi River Series and CL1 and identified by a stamp of the Registrar of Regulations dated the 3rd day of February, 1988.

1. In Ramsay Township in Lanark County.

Concession	Lot
I	parts of 22 and 23
II	parts of 21 and 22
III	parts of 21
IV	parts of 20 and 21
V	parts of 20 and 21
VI	parts of 21 to 24 inclusive
VII	parts of 24 and 25
VIII	parts of 23 and 24
IX	parts of 23 and 24

R.R.O. 1990, Reg. 159, Sched. 5.

SCHEDULE 6

CLAYTON LAKE AND TAYLOR LAKE

That part of the watershed of the Clayton Lake and Taylor Lake from Clayton Dam in Ramsay Township to Taylor Lake in the County of Lanark affecting the lots described below as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as Map Nos. 12 to 14 Mississippi River Series, and identified by a stamp of the Registrar of Regulations dated the 3rd day of February, 1988.

1. In Lanark Township in the County of Lanark.

Concession	Lot
IX	parts of 17 and 18
X	parts of 16 to 18 inclusive
XI	parts of 16 to 25 inclusive
XII	parts of 18 to 25 inclusive

2. In Ramsay Township in the County of Lanark.

Concession	Lot
I	parts of 19 to 23 inclusive

R.R.O. 1990, Reg. 159, Sched. 6.

SCHEDULE 7

CLYDE RIVER

That part of the watershed of the Clyde River passing through the Village of Lanark and the community of Cedardale in Lanark Township both in the County of Lanark affecting the lots described below as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as Map Nos. 1 to 5 and 1178-4, and identified by a stamp of the Registrar of Regulations dated the 3rd day of February, 1988.

1. In Lanark Township in the County of Lanark.

Concession	Lot
II	parts of 1 and 2
III	parts of 2

CLYDE RIVER

That part of the watershed of the Clyde River passing through the community of Cedardale in Lanark Township in the County of Lanark, as follows:

1. In Lanark Township in the County of Lanark.

Concession	Lot
III	parts of 22 to 25 inclusive
IV	parts of 21 to 25 inclusive

R.R.O. 1990, Reg. 159, Sched. 7.

SCHEDULE 8

CODY CREEK

That part of the watershed of the Cody Creek extending from the headwaters to the mouth at the Mississippi River in the Township of West Carleton in The Regional Municipality of Ottawa-Carleton affecting the lots described below as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as Map Nos. 15 to 19 Mississippi River Series, and identified by a stamp of the Registrar of Regulations dated the 3rd day of February, 1988.

1. In the Township of West Carleton in The Regional Municipality of Ottawa-Carleton.

Concession		Lot
I	(Fitzroy)	parts of 1 to 3 and 6 to 12 inclusive
II	(F)	parts of 1 to 8 inclusive
IX	(Huntley)	parts of 14 to 17 inclusive
X	(H)	parts of 14 to 15 and 18 to 23 inclusive
XI	(H)	parts of 23 to 27 inclusive
XII	(H)	parts of 19 to 27 inclusive

R.R.O. 1990, Reg. 159, Sched. 8.

SCHEDULE 9

WATTS CREEK

That part of the watershed of Watts Creek extending from the headwaters in the City of Kanata to its mouth at Shirleys Bay on the Ottawa River in the City of Nepean in The Regional Municipality of Ottawa-Carleton affecting the lots described below as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as Map Nos. W1 to W6, and identified by a stamp of the Registrar of Regulations dated the 3rd day of February, 1988.

1. In the City of Kanata in The Regional Municipality of Ottawa-Carleton.

Concession		Lot
III	(March)	parts of 1 and 2
IV	(M)	parts of 2

2. In the City of Nepean in The Regional Municipality of Ottawa-Carleton.

Concession	Lot
I	parts of 1 to 6 inclusive
A	parts of 4 and 5
B	parts of 4

R.R.O. 1990, Reg. 159, Sched. 9.

SCHEDULE 10

POOLE CREEK AND FEEDMILL CREEK

That part of the watershed of the Poole Creek extending from the headwaters west of Stittsville, in Goulbourn Township to its mouth at the Carp River in West Carleton Township in The Regional Municipality of Ottawa-Carleton affecting the lots described below as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as Map Nos. 1 to 9, P1 to P4 and F1 to F4, and identified by a stamp of the Registrar of Regulations dated the 3rd day of February, 1988.

1. In Goulbourn Township in The Regional Municipality of Ottawa-Carleton.

Concession	Lot
X	parts of 21 and 22
XI	parts of 21 to 26 inclusive
XII	parts of 22 and 26 to 28 inclusive

2. In the City of Kanata in The Regional Municipality of Ottawa-Carleton.

Concession		Lot
I	(March)	parts of 1

R.R.O. 1990, Reg. 159, Sched. 10.

SCHEDULE 11

KIZELL DRAIN

That part of the watershed of the Kizell Drain extending from its headwaters in the City of Kanata to its mouth at Watts Creek in the City of Nepean in The Regional Municipality of Ottawa-Carleton affecting the lots described below as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as Map Nos. 1 to 10, and identified by a stamp of the Registrar of Regulations dated the 3rd day of February, 1988.

1. In the City of Kanata in The Regional Municipality of Ottawa-Carleton.

Concession		Lot
II	(March)	parts of 7
III	(M)	parts of 4 to 7 inclusive
IV	(M)	parts of 5 to 7 inclusive

2. In the City of Nepean in The Regional Municipality of Ottawa-Carleton.

Concession	Lot
A	parts of 1, 2 and 3
I	parts of 1, 2 and 3

R.R.O. 1990, Reg. 159, Sched. 11.

SCHEDULE 12

SHIRLEYS BROOK

That part of the watershed of Shirleys Brook extending from the headwaters in the City of Kanata to its outlet into Department of National Defence property in the City of Nepean in The Regional Municipality of Ottawa-Carleton affecting the lots described below as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as Map Nos. 1 to 14, and identified by a stamp of the Registrar of Regulations dated the 3rd day of February, 1988.

1. In the City of Kanata in The Regional Municipality of Ottawa-Carleton.

Concession		Lot
I	(March)	parts of 8
II	(M)	parts of 7 and 8
III	(M)	parts of 7 and 8
IV	(M)	parts of 8 to 13 inclusive
V	(M)	parts of 11 to 14 inclusive

R.R.O. 1990, Reg. 159, Sched. 12.