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O. Reg. 724/94: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - SOUTH NATION RIVER CONSERVATION AUTHORITY

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

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Versions
revoked or spent May 4, 2006
November 21, 1994 May 3, 2006

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

ONTARIO REGULATION 724/94

Amended to O. Reg. 170/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — SOUTH NATION RIVER CONSERVATION AUTHORITY

Note: This Regulation was revoked on May 4, 2006. See: O. Reg. 170/06, s. 13.

This Regulation is made in English only.

1. In this Regulation,

Authority” means the South Nation River Conservation Authority;

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

“construct” means to do anything in the erection, installation, extension, material alteration or repair of a building or structure and includes the installation of a building unit fabricated or moved from elsewhere, and “construction” has a corresponding meaning;

“fill” means any material, whether originating on the site or elsewhere, 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 the rainfall, snowmelt or combination of rainfall and snowmelt that would produce, at a specific point in a river, creek, stream or watercourse, a peak flow which has a 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 Authority’s jurisdiction. O. Reg. 724/94, s. 1.

2. The areas described in the Schedules are areas in which, in the Authority’s opinion, the placing or dumping of fill may affect the control of flooding or pollution or the conservation of land. O. Reg. 724/94, s. 2.

3. No person shall, except in accordance with a permit obtained under section 4,

(a) construct a building or structure or permit a building or structure to be constructed in 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, permanently or temporarily, in an area described in the Schedules; or

(c) straighten, change, divert or interfere in any way with the existing channel of a river, lake, creek, stream or watercourse or permit it to be done. O. Reg. 724/94, s. 3.

4. Subject to the Ontario Water Resources Act or to any private interest, the Authority may permit in writing the construction of a building or structure, the placing or dumping of fill or the straightening, changing or diverting of, or the interfering with, the existing channel of a river, lake, creek, stream or watercourse, in any area to which section 3 applies if, in the Authority’s opinion, those activities will not adversely affect the control of flooding or pollution or the conservation of land. O. Reg. 724/94, s. 4.

5. No person shall begin to construct any building or structure, place or dump fill or straighten, change, divert or interfere with the existing channel of a river, lake, creek, stream or watercourse, in any area to which section 3 applies, before permission to do so has been obtained under section 4. O. Reg. 724/94, s. 5.

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

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

(b) a complete description of the type of building or structure 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 completed building or structure.

(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 filling is to be carried out, 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 for use and the method of filling;

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

(d) a statement of the proposed use of the land following completion of the filling.

(3) A signed application for permission to straighten, change, divert or interfere 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 showing in plan view and cross-section the details of the work;

(b) a description of the protective measures to be undertaken and the method to be used to carry out the work;

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

(d) a statement of the purpose of the work. O. Reg. 724/94, s. 6.

7. The Authority may, at any time, withdraw its permission if, in its opinion, the representations contained in the application for permission are not complied with. O. Reg. 724/94, s. 7.

8. The Authority may appoint members of staff as officers to enforce this Regulation. O. Reg. 724/94, s. 8.

SCHEDULE 1

That part of the South Nation River and its tributaries extending from the river mouth to approximately the northern border of the Township of South Plantagenet, located within the United Counties of Prescott and Russell, as shown by the fill lines on maps filed in the Regional Office of the Ministry of Natural Resources, Aurora, as numbers SNR1-1 to SNR1-7 inclusive, more particularly described as follows:

1. In the Township of North Plantagenet, being composed of the following lots and concessions:

Concession

Lot

Broken Front

part of lots 26-28 inclusive

1

part of lots 20-27 inclusive

2

part of lot A

 

part of lots 16-22 inclusive

3

part of lots 7-12 inclusive

7

part of lots 4-6 inclusive

8

part of lots 1-4 inclusive

9

part of lots 1, 2 inclusive

2. In the Village of Plantagenet, being composed of the following lots and concessions:

Concession

Lot

4

part of lots 7, 8 inclusive

5

part of lot 7

6

part of lots 6, 7 inclusive

3. In the Township of Alfred, being composed of the following lots and concessions:

Concession

Lot

9

part of lot 1

10

part of lot 1

11

part of lot 1

4. In the Township of South Plantagenet, being composed of the following lot and concession:

Concession

Lot

10

part of lot 1

O. Reg. 724/94, Sched. 1.

SCHEDULE 2

That part of the South Nation River and its tributaries including Cobbs Lake Creek and the Bear Brook, located in the townships of North and South Plantagenet, Alfred and Clarence, in the United Counties of Prescott and Russell, as shown by the fill lines on maps filed in the Regional Office of the Ministry of Natural Resources, Aurora, as numbers SNR2-1 to SNR2-15 inclusive, more particularly described as follows:

1. In the Township of Alfred, being composed of the following lots and concessions:

Concession

Lot

11

part of lots 1, 2 inclusive

12

part of lots 1-3 inclusive

13

part of lots 1-3 inclusive

14

part of lots 1-3 inclusive

2. In the Township of South Plantagenet, being composed of the following lots and concessions:

Concession

Lot

10

part of lots 1, 2 inclusive

 

part of lots 5-21 inclusive

 

lots 22-24 inclusive

11

part of lots 1-5 inclusive

 

lots 6-20 inclusive

 

part of lots 21-24 inclusive

12

lots 1-9 inclusive

 

part of lots 10-24 inclusive

13

part of lots 1-9 inclusive

3. In the Township of North Plantagenet, being composed of the following lots and concessions:

Concession

Lot

8

part of lots 23, 24 inclusive

9

part of lots 21-24 inclusive

4. In the Township of Clarence, being composed of the following lots and concessions:

Concession

Lot

1

part of lots 15-18 inclusive

 

lots 19-23 inclusive

 

part of lots 24-27 inclusive

2

part of lots 13-16 inclusive

 

lots 17-20 inclusive

 

part of lots 21-26 inclusive

3

part of lots 11-13 inclusive

 

lots 14-16 inclusive

 

part of lots 17-24 inclusive

4

part of lots 11-17 inclusive

O. Reg. 724/94, Sched. 2.

SCHEDULE 3

That part of the South Nation River and its tributaries extending from the Village of Casselman to the Village of Chesterville, including the townships of Cambridge, Finch and Winchester, in the United Counties of Prescott and Russell, and the United Counties of Stormont, Dundas and Glengarry, as shown by the fill lines on maps filed in the Regional Office of the Ministry of Natural Resources, Aurora, as numbers SNR3-1 to SNR3-10 inclusive, more particularly described as follows:

1. In the Village of Casselman, being composed of the following lot and concession :

Concession

Lot

6

part of lots 10-12 inclusive

2. In the Township of Cambridge, being composed of the following lots and concessions:

Concession

Lot

7

part of lots 11-19 inclusive

8

part of lots 18-20 inclusive

9

part of lots 18, 19 inclusive

10

part of lots 18-21 inclusive

3. In the Township of Finch, being composed of the following lots and concessions:

Concession

Lot

10

part of lots 11-17 inclusive

9

part of lots 11, 12 inclusive

8

part of lots 10, 11 inclusive

7

part of lots 8-10 inclusive

6

part of lots 3-8 inclusive

5

part of lots 1-4 inclusive

4. In the Township of Winchester, being composed of the following lots and concessions:

Concession

Lot

5

part of lot 24

4

part of lot 19

 

part of lots 21-24 inclusive

3

part of lots 19-21 inclusive

5. In the Village of Chesterville, being composed of the following lot and concession:

Concession

Lot

4

part of lots 17-19 inclusive

O. Reg. 724/94, Sched. 3.

SCHEDULE 4

That part of the Castor River and its tributaries, located in the Township of Russell from the Village of Embrun to the Village of Russell, in the United Counties of Prescott and Russell, as shown by the fill lines on maps filed in the Regional Office of the Ministry of Natural Resources, Aurora, as numbers SNR4-1 to SNR4-5 inclusive, more particularly described as follows:

1. In the Township of Russell, being composed of the following lots and concessions:

Concession

Lot

9

part of lots 7, 8 inclusive

8

part of lots 7, 8 inclusive

7

part of lot 8 inclusive

6

part of lots 8, 9 inclusive

5

part of lots 9, 10 inclusive

4

part of lots 9-11 inclusive

3

part of lots 10, 11 inclusive

O. Reg. 724/94, Sched. 4.

SCHEDULE 5

The part of the creek running through the Village of Limoges, located in the townships of Russell and Cambridge, in the United Counties of Prescott and Russell, as shown by the fill lines on maps filed at the Regional Office of the Ministry of Natural Resources, Aurora, as numbers SNR5-1 to SNR5-2 inclusive, more particularly described as follows:

1. In the Township of Russell, being composed of the following lot and concession:

Concession

Lot

10

part of lots 16-18 inclusive

2. In the Township of Cambridge, being composed of the following lots and concessions:

Concession

Lot

2

part of lots 29, 30 inclusive

3

part of lots 28-30 inclusive

4

part of lots 28, 29 inclusive

O. Reg. 724/94, Sched. 5.

SCHEDULE 6

That part of the South Nation River and its tributaries within the townships of Edwardsburg and Augusta extending from the Village of Spencerville to the Hamlet of Lords Mills, in the United Counties of Leeds and Grenville, as shown by the fill lines on maps filed at the Regional Office, Ministry of Natural Resources, Aurora, as numbers SNR6-1 to SNR6-6 inclusive, more particularly described as follows:

1. In the Township of Edwardsburg, being composed of the following lots and concessions:

Concession

Lot

7

part of lots 21-23 inclusive

6

part of lots 22-37 inclusive

5

part of lots 36, 37 inclusive

2. In the Township of Augusta, being composed of the following lots and concessions:

Concession

Lot

6

part of lots 1-3 inclusive

5

part of lots 1-15 inclusive

4

part of lots 5, 6 inclusive

 

part of lot 10

 

part of lots 12-24 inclusive

O. Reg. 724/94, Sched. 6.

SCHEDULE 7

That part of the Bear Brook and its tributaries within the Township of Clarence, in the United Counties of Prescott and Russell, as shown by fill lines on maps filed at the Regional Office, Ministry of Natural Resources, Aurora, as numbers SNR7-1 to SNR7-4 inclusive, more particularly described as follows:

1. In the Township of Clarence, being composed of the following lots and concessions:

Concession

Lot

3

part of lots 22-24 inclusive

4

part of lots 22, 23 inclusive

5

part of lots 21, 22 inclusive

6

part of lots 21, 22 inclusive

7

part of lots 21, 22 inclusive

8

part of lots 21, 22 inclusive

9

part of lots 21, 22 inclusive

10

part of lots 21, 22 inclusive

11

part of lots 21, 22 inclusive

O. Reg. 724/94, Sched. 7.

SCHEDULE 8

That part of the Bear Brook and its tributaries, located primarily in the Township of Cumberland, extending from the Clarence/Cumberland border to the Cumberland/Gloucester border, located in The Regional Municipality of Ottawa-Carleton, as shown by fill lines on maps filed at the Regional Office of the Ministry of Natural Resources, Aurora, as numbers SNR8-1 to SNR8-12 inclusive, more particularly described as follows:

1. In the Township of Cumberland, being composed of the following lots and concessions:

Concession

Lot

1

part of lots 20, 21 inclusive

2

part of lots 19-21 inclusive

3

part of lots 15-20 inclusive

4

part of lots 11-20 inclusive

5

part of lots 9-21 inclusive

6

part of lot 9

 

part of lots 15-21 inclusive

7

part of lots 7, 8

 

part of lots 14-19 inclusive

 

part of lots 21-25 inclusive

8

part of lots 7-17 inclusive

 

part of lots 24-26 inclusive

 

lot 18

 

part of lots 19-21 inclusive

9

part of lots 6-17 inclusive

 

part of lots 24, 25 inclusive

 

lot 18

 

part of lots 19, 20 inclusive

10

part of lots 5-8 inclusive

 

part of lots 11-15 inclusive

 

lot 16

 

part of lots 17-19 inclusive

11

part of lots 3-6 inclusive

 

part of lots 8-11 inclusive

 

part of lots 15-18 inclusive

 

lots 12-14 inclusive

2. In the City of Gloucester, being composed of the following lots and concessions:

Concession

Lot

4 (Ottawa Front)

part of lot 1

5 (Ottawa Front)

part of lots 1, 2 inclusive

6 (Ottawa Front)

part of lots 1-4 inclusive

7 (Ottawa Front)

part of lots 1, 2 inclusive

O. Reg. 724/94, Sched. 8.

SCHEDULE 9

That part of the Bear Brook and its tributaries located in the City of Gloucester, in The Regional Municipality of Ottawa-Carleton, as shown by the fill lines on maps filed at the Regional Office of the Ministry of Natural Resources, Aurora, as numbers SNR9-1 to SNR9-8 inclusive, more particularly described as follows:

1. In the City of Gloucester, being composed of the following lots and concessions:

Concession

Lot

6 (Ottawa Front)

part of lots 6-10 inclusive

7 (O.F.)

part of lots 1-7 inclusive

 

part of lots 11-20 inclusive

8 (O.F.)

part of lots 3-20 inclusive

9 (O.F.)

part of lots 1-13 inclusive

10 (O.F.)

part of lots 3-5 inclusive

 

part of lots 9-11 inclusive

5 (R.F.)

part of lots 10-19 inclusive

6 (R.F.)

part of lots 17-19 inclusive

 

part of lots 23-25 inclusive

O. Reg. 724/94, Sched. 9.

SCHEDULE 10

That part of the North, Middle and South Castor Rivers located primarily in the Township of Osgoode within The Regional Municipality of Ottawa-Carleton and extending into the townships of Russell and Mountain, and the City of Gloucester, in the United Counties of Prescott and Russell, the United Counties of Stormont, Dundas and Glengarry and The Regional Municipality of Ottawa-Carleton respectively, as shown by fill lines on maps filed at the Regional Office of the Ministry of Natural Resources, Aurora, as numbers SNR10-1 to SNR10-21 inclusive, more particularly described as follows:

1. In the Township of Russell, being composed of the following lots and concessions:

Concession

Lot

3

part of lot 1l

2

part of lots 11, 12 inclusive

1

part of lots 12, 13 inclusive

2. In the Township of Osgoode, being composed of the following lots and concessions:

Concession

Lot

11

part of lots 22-25 inclusive

10

part of lots 12-29 inclusive

9

part of lots 6-13 inclusive

 

part of lots 23-40 inclusive

8

part of lots 3-7 inclusive

 

part of lots 23-26 inclusive

 

part of lots 38-42 inclusive

7

part of lots 1-4 inclusive

 

part of lots 21-27 inclusive

 

part of lots 39-44 inclusive

6

part of lots 4, 5 inclusive

 

part of lots 21-25 inclusive

 

part of lots 42-44 inclusive

5

part of lots 4-6 inclusive

 

part of lots 18-24 inclusive

 

part of lots 43, 44 inclusive

4

part of lots 18-20 inclusive

 

part of lots 35-43 inclusive

3

Part of lots 5-19 inclusive

 

Part of lots 34, 35 inclusive

2

Part of lots 32-34 inclusive

3. In the Township of Mountain, being composed of the following lot and concession:

Concession

Lot

12

part of lots 14-21 inclusive

4. In the City of Gloucester, being composed of the following lots and concessions:

Concession

Lot

10 (Ottawa Front)

part of lot 20

6 (Rideau Front)

part of lot 30

O. Reg. 724/94, Sched. 10.

SCHEDULE 11

That part of the South Nation River, located in the Township of South Plantagenet, formerly the Hamlet of Lemieux, in the United Counties of Prescott and Russell, as shown by the fill lines on maps filed at the Regional Office of the Ministry of Natural Resources, Aurora, as numbers SNR11-1 to SNR11-2 inclusive, more particularly described as follows:

1. In the Township of South Plantagenet, being composed of the following lots and concessions:

Concession

Lot

12

part of lots 22-24 inclusive

13

part of lots 22-24 inclusive

14

part of lots 22-23 inclusive

O. Reg. 724/94, Sched. 11.

SCHEDULE 12

That part of the South Nation River and its tributaries extending from the Township of Winchester to the Township of Mountain in the United Counties of Stormont, Dundas and Glengarry and the South Branch of the South Nation River and its tributaries extending from the mouth of the South Branch to the Village of Brinston in the Township of Matilda, in the United Counties of Stormont, Dundas and Glengarry, as shown by the fill lines on maps filed at the Regional Office of the Ministry of Natural Resources, Aurora, as numbers SNR12-1 to SNR12-2 inclusive, more particularly described as follows:

1. In the Township of Winchester, being composed of the following lots and concessions:

Concession

Lot

3

part of lots 1-10 inclusive

2

lots 1-4 inclusive

 

part of lots 5-9 inclusive

1

part of lots 1-6 inclusive

2. In the Township of Mountain, being composed of the following lots and concessions:

Concession

Lot

1

part of lots 13-24 inclusvie

2

part of lots 18-24 inclusive

3

part of lots 21-24 inclusive

3. In the Township of Matilda, being composed of the following lots and concessions:

Concession

Lot

8

part of lots 1-6 inclusive

 

lots 7-15 inclusive

 

part of lots 16-18 inclusive

7

part of lots 6-11 inclusive

 

lots 12-17 inclusive

 

part of lots 18-22 inclusive

6

part of lots 12-24 inclusive

O. Reg. 724/94, Sched. 12.