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R.R.O. 1990, Reg. 161: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - NICKEL DISTRICT

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 161

No Amendments

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — NICKEL DISTRICT

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 Nickel District 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;

“regional storm” means a storm producing in a twelve 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 rain fall 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

0.6 inches of rain in the first hour

0.8 inches of rain in the second hour

0.4 inches of rain in the third hour

0.1 inches of rain in the fourth hour

0.2 inches of rain in the fifth hour

0.8 inches of rain in the sixth hour

1.7 inches of rain in the seventh hour

0.8 inches of rain in the eighth hour

0.9 inches of rain in the ninth hour

0.5 inches of rain in the tenth hour

0.5 inches of rain in the eleventh hour

0.3 inches of rain in the twelfth hour

TABLE 2

Column 1

Column 2

Drainage Area (Square Miles)

Percentage

11 to 20 both inclusive

97

21 to 30 both inclusive

94

31 to 40 both inclusive

90

41 to 60 both inclusive

87

61 to 80 both inclusive

84

81 to 100 both inclusive

82

101 to 150 both inclusive

79

151 to 200 both inclusive

76

201 to 300 both inclusive

74

301 to 400 both inclusive

70

401 to 500 both inclusive

68

501 to 600 both inclusive

66

601 to 700 both inclusive

65

701 to 800 both inclusive

64

801 to 900 both inclusive

63

901 to 1000 both inclusive

62

1001 to 1500 both inclusive

58

1501 to 2000 both inclusive

56

2001 to 2500 both inclusive

53

2501 to 3000 both inclusive

50

“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. 161, 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. 161, 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 that is 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. 161, 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. 161, 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. 161, 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 for 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. 161, 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. 161, 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. 161, 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. 161, s. 7.

8. Members of the staff of the Authority are appointed officers to enforce this Regulation. R.R.O. 1990, Reg. 161, s. 8.

SCHEDULE 1

That part of the Junction Creek and Nolan Creek watersheds extending northerly and easterly from Kelly Lake in the geographic Township of McKim, now part of the City of Sudbury in The Regional Municipality of Sudbury, to,

(a) Lot 7 in Concession IV in the geographic Township of McKim, now part of the City of Sudbury in The Regional Municipality of Sudbury, on the main branch of Nolan Creek;

(b) Lot 4 in Concession VI in the geographic Township of McKim, now part of the City of Sudbury in The Regional Municipality of Sudbury, on the west branch of Junction Creek;

(c) the north limit of Lot 11 in Concession VI in the geographic Township of Neelon, now part of the City of Sudbury in The Regional Municipality of Sudbury, on the main branch of Junction Creek; and

(d) the north limit of Lot 12 in Concession VI in the geographic Township of Neelon, now part of the City of Sudbury in The Regional Municipality of Sudbury, on the east branch of Junction Creek,

as shown delineated by the fill line and coloured red on maps filed in the office of the Registrar of Regulations at Toronto as Nos. 1941 to 1953, both inclusive.

R.R.O. 1990, Reg. 161, Sched. 1.

SCHEDULE 2

That part of the Whitson River watershed extending northerly and easterly from the south limit of Lot 3 in Concession II in the geographic Township of Balfour, now part of the Town of Rayside-Balfour in The Regional Municipality of Sudbury to,

(a) the east limit of Lot 1 in Concession III in the geographic Township of Balfour, now part of the Town of Rayside-Balfour in The Regional Municipality of Sudbury on Tributary III and Tributary IV of that river;

(b) the south limit of the north quarter of Lot 7 in Concession V in the geographic Township of Rayside, now part of the Town of Rayside-Balfour in The Regional Municipality of Sudbury on Tributary V of that river;

(c) Labelle Street in Lot 6 in Concession II in the geographic Township of Hanmer, now part of the Town of Valley East in The Regional Municipality of Sudbury on Tributary VIII of that river;

(d) the intersection of Anita Street and Gabrielle Street in the north half of Lot 3 in Concession II in the geographic Township of Hanmer, now part of the Town of Valley East in The Regional Municipality of Sudbury on Tributary VIII-A of that river;

(e) the east limit of the west half of Lot 2 in Concession I in the geographic Township of Hanmer, now part of the Town of Valley East in The Regional Municipality of Sudbury on Tributary IX of that river;

(f) the east limit of Lot 11 in Concession II in the geographic Township of Capreol, now part of the Town of Valley East in the Regional Municipality of Sudbury on Tributary X of that river; and

(g) Lot 12 in Concession VI in the geographic Township of Garson, now part of the Town of Nickel Centre in The Regional Municipality of Sudbury on the main branch of that river,

as shown delineated by the “fill line” and coloured red on maps filed in the office of the Registrar of Regulations at Toronto as Nos. 1954 to 1984, both inclusive.

R.R.O. 1990, Reg. 161, Sched. 2.