O. Reg. 454/96: CONSTRUCTION

Lakes and Rivers Improvement Act

ontario REGULATION 454/96

CONSTRUCTION

Historical version for the period January 1, 2018 to February 27, 2020.

Last amendment: 452/17.

Legislative History: 160/07; 452/17.

This is the English version of a bilingual regulation.

1. In this Regulation,

“channelize” means to alter the alignment, width, depth, sinuosity, conveyance or bed or bank material of a river or stream channel; (“canaliser”)

“water crossing” means a bridge, culvert or causeway that is constructed to provide access between two places separated by water but that also holds back, forwards or diverts water. (“ouvrage de franchissement de cours d’eau”)  O. Reg. 454/96, s. 1; O. Reg. 160/07, s. 1.

2. (1) For the purpose of subsection 14 (1) and section 16 of the Act, approval is required,

(a) to construct or decommission a dam that holds back water in a river, lake, pond or stream to raise the water level, create a reservoir to control flooding or divert the flow of water;

(b) to make alterations, improvements or repairs to a dam that holds back water in a river, lake, pond or stream to raise the water level, create a reservoir to control flooding or divert the flow of water, if the alterations, improvements or repairs may affect the dam’s safety or structural integrity, the waters or natural resources; or

(c) to do any of the following things outside the area of jurisdiction of a conservation authority, or within the area of jurisdiction of a conservation authority that has in effect a regulation governing development, interference with wetlands and alteration to shorelines and watercourses if the area in which the work will be done does not form part of the area covered by the regulation:

(i) Constructing a water crossing draining an area greater than five square kilometres, unless construction is undertaken by a Ministry or municipality on lands owned by the Crown or the municipality undertaking the construction.

(ii) Channelizing a river or stream that may harmfully alter fish habitat or impede the movement of fish in a river, stream or lake, except for the installation or maintenance of a drain, subject to the Drainage Act;

(iii) Enclosing or covering a length of river or stream for greater than 20 metres in length.

(iv) Installing, if the installation may result in damming, forwarding or diverting water, a cable or pipeline into the bed of a river, stream or lake except for the installation of heat loops, water intakes and service cables for private residences.

(v) Installing a temporary dam for the purpose of removing water or water flow from an area during construction of any of the works described in subclauses (i) to (iv).  O. Reg. 160/07, s. 2 (1).

(1.1) Despite clause 2 (1) (b), no approval is required to make alterations, improvements or repairs to a dam in the circumstances described in that clause if, at the time the alterations, improvements or repairs are carried out, the Minister has entered into an agreement with the dam owner that is still in effect and,

(a) sets out the nature and extent of the alterations, improvements or repairs to the dam;

(b) includes terms to address the dam’s safety and structural integrity and the potential impacts of the alterations, improvements or repairs on the waters and natural resources; and

(c) states that the proposed alterations, improvements or repairs do not require approval under section 16 of the Act. O. Reg. 452/17, s. 1.

(2) For the purpose of section 16 of the Act, approval is required before a person operates a dam in a manner different from that contemplated by plans and specifications approved by the Minister under section 14 or 16 of the Act.  O. Reg. 160/07, s. 2 (2).

3. No approval is required under section 14 or 16 of the Act for a water crossing to which the Public Lands Act applies or that has been constructed as part of a forest operation to which the Forest Operations and Silviculture Manual prepared under the Crown Forest Sustainability Act, 1994 applies. O. Reg. 452/17, s. 2.