O. Reg. 206/18: GENERAL
filed April 4, 2018 under Clean Water Act, 2006, S.O. 2006, c. 22Skip to content
ontario regulation 206/18
made under the
Clean Water Act, 2006
Made: March 27, 2018
Filed: April 4, 2018
Published on e-Laws: April 5, 2018
Printed in The Ontario Gazette: April 21, 2018
Amending O. Reg. 287/07
1. Subsection 1.1 (1) of Ontario Regulation 287/07 is amended by adding the following paragraph:
22. The establishment and operation of a liquid hydrocarbon pipeline.
2. Section 31 of the Regulation is amended by adding the following subsection:
(2) A source protection plan is not required to include a significant threat policy under subsection 22 (2) of the Act in respect of an activity that would be a significant drinking water threat in an area identified in the assessment report if,
(a) the activity has not been engaged in in that area; and
(b) there is no reasonable prospect that the activity will ever be engaged in in that area.
3. Subsection 40 (2) of the Regulation is amended by adding the following paragraph:
7. If, pursuant to subsection 31 (2), a significant threat policy in respect of an activity that would be a significant drinking water threat for an area identified in an assessment report is not included in the source protection plan to which the assessment report relates because there is no reasonable prospect that the activity will ever be engaged in in that area,
i. an explanation of the source protection committee’s reasons for concluding that there is no reasonable prospect the activity will ever be engaged in in that area, and
ii. a description of the process used by the source protection committee to reach the conclusion referred to in subparagraph i, including a summary of the information, such as land use planning documents, that was relied on to reach the conclusion.
4. Section 48 of the Regulation is amended by adding the following subsection:
(1.1) In addition to the circumstances set out in subsection (1), if the owner of an existing or planned municipal drinking water system described in subclause 15 (2) (e) (i) of the Act intends to make an application under section 32 of the Safe Drinking Water Act, 2002, as described in section 2 or 3 of Ontario Regulation 205/18 (Municipal Residential Drinking Water Systems in Source Protection Areas) made under that Act, and gives notice of the intended application, in writing, to the source protection authority for the source protection area in which the system is located, the source protection authority may propose an amendment to the related source protection plan under section 34 of the Clean Water Act, 2006 if,
(a) the owner requests, in the notice, that the source protection authority notify the owner when the following technical work that is needed as a result of the intended application has been completed:
(i) the mapping of any new vulnerable areas or the alteration of any existing vulnerable areas, and
(ii) within a vulnerable area mentioned in subclause (i), the identification of the areas where an activity or condition is or would be a significant drinking water threat, a moderate drinking water threat and a low drinking water threat; and
(b) the source protection authority gives the owner notice, in writing, that includes,
(i) a statement that the source protection authority is satisfied that the technical work referred to in clause (a) has been completed,
(ii) an identification of the amendments to the source protection plan that the source protection authority may consider advisable as a result of the intended application,
(iii) an indication of when the source protection authority will be in a position to propose the amendments referred to in subclause (ii) to the source protection plan, and
(iv) if any of the amendments referred to in subclause (ii) have been or will be implemented as a result of a source protection committee updating the source protection plan after completing a review under section 36 of the Act, an identification of those updates.
5. (1) Subsection 51 (1) of the Regulation is amended by adding the following paragraphs:
8. An amendment that is made to a source protection plan to account for the discontinuation of the use of a well or surface water intake related to a drinking water system that is referred to in the source protection plan.
9. An amendment that is made to a source protection plan to account for a change in the terminology used in the Tables of Drinking Water Threats.
(2) Subsection 51 (2) of the Regulation is revoked and the following substituted:
(2) If an amendment described in subsection (1) is made, the source protection authority shall,
(a) publish the amended source protection plan and a notice describing the amendment on the Internet as soon as reasonably possible after the amendment is made; and
(b) give a copy of the notice referred to in clause (a) to the Director and to every person or body responsible for implementing a policy that is affected by the amendment.
(3) Sections 21, 29, 30 and subsection 34 (5) apply, with necessary modifications, to an amendment to a source protection plan under subsection (1) of this section.
(4) In this section,
“Tables of Drinking Water Threats” means the document published by and available from the Ministry entitled “Tables of Drinking Water Threats: Clean Water Act, 2006” and dated November 20, 2008, as amended from time to time.
6. This Regulation comes into force on the later of July 1, 2018 and the day it is filed.