Ontario Water Resources Act

ONTARIO REGULATION 525/98

APPROVAL EXEMPTIONS

Consolidation Period:  From July 27, 2026 to the e-Laws currency date.

Last amendment: 250/26.

Legislative History: 174/03, 272/03, 396/07, 301/14, 40/15, 214/22, 138/25, 246/26, 250/26.

This is the English version of a bilingual regulation.

CONTENTS

 

Interpretation

1. (1) In this Regulation,

“appurtenance” includes a valve, valve chamber, flow meter, maintenance access point, maintenance hole, manhole, grate, catch basin, catch basin lead, ditch inlet chamber or other minor accessory part of a sewer; (“accessoire”)

“combined sewer” means a sewer that is intended to function simultaneously as a storm sewer and a sanitary sewer; (“égout unitaire”)

“industrial land” means land used for the production, processing, repair, maintenance or storage of goods or materials, or the processing, storage, transfer or disposal of waste, but does not include land used primarily for the purpose of buying or selling,

(a)  goods or materials other than fuel, or

(b)  services other than vehicle repair services; (“terrain à usage industriel”)

“low impact development works” means a storm water management works for managing rain and other precipitation as close as possible to where the precipitation falls to mitigate the impacts of increased runoff and storm water pollution; (“réseau d’installations à faible incidence”)

“sanitary sewer” means a sewer for the collection and transmission of residential, commercial, institutional or industrial sewage, or any combination thereof; (“égout sanitaire”)

“service connection” means the pipe portion of a sewage works that extends from a sewer to the property line of a property serviced by the sewer; (“conduite de branchement”)

“sewer” means any system of pipes, drains and appurtenances used for the collection or transmission of sewage, but does not include plumbing to which the Building Code Act, 1992 applies or a pumping facility; (“égout”)

“storm sewer” means a sewer for the collection and transmission of storm water drainage; (“égout pluvial”)

“storm water” means rainwater runoff, water runoff from roofs, snowmelt and surface runoff; (“eaux pluviales”)

“storm water management facility” means a facility for the treatment, retention, infiltration or control of storm water; (“installation de gestion des eaux pluviales”)

“storm water management works” means any sewage works for storm water and includes a storm water management facility. (“réseau de gestion des eaux pluviales”) O. Reg. 525/98, s. 1; O. Reg. 40/15, s. 1; O. Reg. 138/25, s. 1.

(2) For greater certainty, an exemption under this Regulation from subsection 53 (1) or (3) of the Act does not relieve a person of any other legal duty or obligation, including a duty or obligation arising under an existing approval. O. Reg. 214/22, s. 1.

1.1 Revoked: O. Reg. 40/15, s. 2.

Sewers and service connections

2. (1) Subsections 53 (1) and (3) of the Act do not apply to:

1.  The use, operation, establishment, alteration, extension or replacement of or a change in a service connection.

2.  The use, operation, establishment, alteration, extension or replacement of or a change in an appurtenance of a sewer, if the appurtenance does not disrupt the operation of the sewage works of which the sewer is a part.

3.  The relining of a sewer if the new lining does not disrupt the operation of the sewage works of which the sewer is a part.

4.  The replacement of an existing sewer with a new sewer that has similar dimensions and performance criteria and that is in the same or approximately the same location, if the existing sewer was used, operated, established, altered or extended in accordance with an approval granted by a Director. O. Reg. 40/15, s. 3 (1).

Note: On September 1, 2026, paragraph 4 of subsection 2 (1) of the Regulation is amended by striking out “sewer” wherever it appears and substituting in each case “sanitary sewer or storm sewer”. (See: O. Reg. 250/26, s. 1 (1))

Note: On September 1, 2026, subsection 2 (1) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 250/26, s. 1 (2))

5.  The use, operation, establishment, alteration, extension or replacement of or a change in a private sanitary sewer that serves up to five private residences, within the meaning of the Safe Drinking Water Act, 2002, and that discharges to a service connection.

(2) This section does not apply to the use, operation, establishment, alteration, extension or replacement of or a change in a combined sewer or any part of a combined sewer.  O. Reg. 525/98, s. 2 (2); O. Reg. 40/15, s. 3 (2).

Storm water management works

3. Subsections 53 (1) and (3) of the Act do not apply to the use, operation, establishment, alteration, extension or replacement of or a change in a storm water management works that,

(a)  is designed to service one lot or parcel of land;

(b)  discharges into a storm sewer that is not a combined sewer;

Note: On September 1, 2026, clause 3 (b) of the Regulation is revoked and the following substituted: (See: O. Reg. 250/26, s. 2)

(b)  discharges into a conveyance ditch, municipal drain, conveyance swale or a storm sewer that is not a combined sewer;

(c)  does not service industrial land or a structure located on industrial land; and

(d)  is not located on industrial land. O. Reg. 138/25, s. 2.

Note: On September 1, 2026, the Regulation is amended by adding the following section: (See: O. Reg. 250/26, s. 3)

Storm water management works, construction activities

3.1 Subsections 53 (1) and (3) of the Act do not apply to the use, operation, establishment, alteration, extension or replacement of or a change in a temporary storm water management works that is,

(a)  used, operated, altered or extended only for the purpose of erosion and sediment control during construction activities;

(b)  removed or decommissioned within 90 days after the construction activity ends; and

(c)  located at a site that is not directly associated with mines, mine development, mine reclamation, pits or quarries. O. Reg. 250/26, s. 3.

3.1-3.3 Revoked: O. Reg. 214/22, s. 2.

Low impact development works

4. (1) Subsections 53 (1) and (3) of the Act do not apply to the use, operation, establishment, alteration, extension or replacement of or a change in a low impact development works that is located wholly within the boundaries of a lot or parcel of land,

(a)  that is used primarily for a residential purpose; and

(b)  on which there are no buildings other than,

(i)  single-unit and multi-unit residential buildings, and

(ii)  buildings or structures that are accessory to the buildings mentioned in subclause (i). O. Reg. 214/22, s. 2; O. Reg. 138/25, s. 3 (1).

(2), (3) Revoked: O. Reg. 138/25, s. 3 (2).

Foundation drainage works

5. (1) Subsections 53 (1) and (3) of the Act do not apply to a sewage works if the only purpose of the sewage works is to collect, transmit, treat and dispose of ground water and storm water taken from the foundation of a building. O. Reg. 214/22, s. 2.

(2) If a permit is required under section 34 of the Act in respect of the water taking mentioned in subsection (1), the exemption in that subsection does not apply unless a permit has been issued in respect of the taking. O. Reg. 214/22, s. 2.

Construction site dewatering

6. (1) Subsections 53 (1) and (3) of the Act do not apply to a sewage works if the only purpose of the sewage works is to collect, transmit, treat and dispose of ground water and storm water taken to create and maintain one or more dewatered work areas at a construction site in respect of a construction project. O. Reg. 214/22, s. 2.

Note: On September 1, 2026, subsection 6 (1) of the Regulation is amended by striking out “in respect of a construction project” at the end. (See: O. Reg. 250/26, s. 4 (1))

(2) If a permit is required under section 34 of the Act in respect of the water taking mentioned in subsection (1), the exemption in that subsection does not apply unless a permit has been issued in respect of the taking. O. Reg. 214/22, s. 2.

(3) For greater certainty, the exemption in subsection (1) applies if,

(a)  the activity described in subsection (1) has been prescribed for the purposes of subsection 20.21 (1) of the Environmental Protection Act; and

(b)  a circumstance set out in subsection 53 (2) of the Act applies. O. Reg. 214/22, s. 2.

(4) In this section, the following terms have the same meaning as in Ontario Regulation 63/16 (Registrations under Part II.2 of the Act — Water Taking) made under the Environmental Protection Act:

1.  Dewatered work area.

2.  Construction project.

Note: On September 1, 2026, paragraph 2 of subsection 6 (4) of the Regulation is revoked. (See: O. Reg. 250/26, s. 4 (2))

3.  Construction site. O. Reg. 214/22, s. 2.

UV treatment of quagga and zebra mussels

7. (1) Subsections 53 (1) and (3) of the Act do not apply in respect of any part of a sewage works that is used to control quagga and zebra mussels with ultraviolet light. O. Reg. 214/22, s. 2.

(2) Subsection (1) does not apply if chemicals are used as part of the control of quagga and zebra mussels. O. Reg. 214/22, s. 2.

Drinking water systems

8. Subsections 53 (1) and (3) of the Act do not apply to a sewage works that is part of a large municipal residential system or a small municipal residential system, as those systems are defined in Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002. O. Reg. 214/22, s. 2.

Vegetated filter strip

9. (1) Subsections 53 (1) and (3) of the Act do not apply to a vegetated filter strip system that manages runoff as part of an agricultural operation. O. Reg. 214/22, s. 2.

(2) Despite subsection (1), subsections 53 (1) and (3) of the Act apply to vegetated filter strip systems that are exempt from the application of Part IX.2 of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002 by section 98.15 of that Regulation. O. Reg. 214/22, s. 2.

(3) For the purpose of this section,

“vegetated filter strip system” has the same meaning as in Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002. O. Reg. 214/22, s. 2.

Greenhouse nutrient feedwater

10. (1) In this section,

“agricultural operation” has the same meaning as in the Nutrient Management Act, 2002; (“exploitation agricole”)

“GNF” means GNF within the meaning of Ontario Regulation 300/14 (Greenhouse Nutrient Feedwater), made under the Nutrient Management Act, 2002, that is generated at a greenhouse operation that is registered under that regulation; (“SNS”)

“management” has the same meaning as in the Nutrient Management Act, 2002. (“gestion”) O. Reg. 214/22, s. 2.

(2) Section 53 of the Act does not apply to a sewage works for the management of GNF at an agricultural operation if the only material managed by means of the sewage works is GNF. O. Reg. 214/22, s. 2.

(3) Section 53 of the Act does not apply to a sewage works for the transmission of GNF from one agricultural operation to another agricultural operation if the only material transmitted by means of the sewage works is GNF and the only destination to which the GNF is transmitted is the agricultural operation. O. Reg. 214/22, s. 2.

Drainage works owned by transit authorities

11. (1) Subsections 53 (1) and (3) of the Act do not apply to a drainage works that is owned by Metrolinx or another transit authority where the main purpose of the works is to collect and drain storm water from passenger rail tracks. O. Reg. 138/25, s. 4.

(2) In this section,

“Metrolinx” means the corporation continued under section 2 of the Metrolinx Act, 2006. O. Reg. 138/25, s. 4.

Note: On September 1, 2026, the Regulation is amended by adding the following section: (See: O. Reg. 246/26, s. 1)

Early exploration activities

12. (1) In this section,

“early exploration” means activities that fall within section 1 of Schedule 2 or section 1 of Schedule 3 to Ontario Regulation 308/12 (Exploration Plans and Exploration Permits) made under the Mining Act. O. Reg. 246/26, s. 1.

(2) Subsections 53 (1) and (3) of the Act do not apply to the use, operation, establishment, alteration, extension or replacement of a sewage works used exclusively for the purpose of carrying out any activity that constitutes early exploration if either of the following circumstances are met:

1.  The person carrying out the activity has submitted an exploration plan under section 78.2 of the Mining Act, the plan is in effect and the activity is carried out in accordance with Ontario Regulation 308/12.

2.  The person carrying out the activity has been issued an exploration permit under section 78.3 of the Mining Act, the permit is in effect and the activity is carried out in accordance with the terms and conditions of the permit and Ontario Regulation 308/12. O. Reg. 246/26, s. 1.

(3) It is a condition of the exemption in subsection (2) that the sewage works must not collect, transmit, treat or dispose of sanitary sewage. O. Reg. 246/26, s. 1.

Note: On September 1, 2026, the Regulation is amended by adding the following sections: (See: O. Reg. 250/26, s. 5)

Publicly owned sanitary sewage works

13. Subsections 53 (1) and (3) of the Act do not apply to a publicly owned sanitary sewage works designed for the partial treatment of sewage that is to drain or be discharged into a sanitary sewer. O. Reg. 250/26, s. 5.

Pumping facility and forcemain

14. Subsections 53 (1) and (3) of the Act do not apply to a pumping facility and forcemain that serves only one lot or parcel of land and that discharges to a service connection. O. Reg. 250/26, s. 5.

Splash pads, etc.

15. (1) Subsections 53 (1) and (3) of the Act do not apply to a splash pad, swimming pool, water fountain or water feature. O. Reg. 250/26, s. 5.

(2) This section does not apply to the use, operation, establishment, alteration, extension or replacement of or a change in a sewage works that is designed for the treatment of domestic sewage combined with the treatment of sewage from a splash pad, swimming pool, water fountain or water feature. O. Reg. 250/26, s. 5.

Sand filtration equipment

16. Subsections 53 (1) and (3) of the Act do not apply to sand filtration equipment that is used to filter water that is taken for use in a manufacturing or industrial operation if the water is discharged,

(a)  to a municipal sewer; or

(b)  as sanitary sewage to a sewage works,

(i)  that is subject to an environmental compliance approval, or

(ii)  in respect of which an activity has been registered for the purposes of subsection 20.21 (1) of the Environmental Protection Act. O. Reg. 250/26, s. 5.

Reuse, etc.

17. Subsections 53 (1) and (3) of the Act do not apply to a sewage works that is designed and operated so that,

(a)  subject to clause (b), all sewage is retained within the sewage works for reuse;

(b)  no sewage is directly or indirectly discharged from the sewage works other than to a waste management system,

(i)  that is subject to an environmental compliance approval, or

(ii)  in respect of which an activity has been registered for the purposes of subsection 20.21 (1) of the Environmental Protection Act; and

(c)  the sewage works does not retain, manage or handle domestic sewage. O. Reg. 250/26, s. 5.