O. Reg. 233/21: WATER TAKING AND TRANSFER

 

ontario regulation 233/21

made under the

Ontario Water Resources Act

Made: March 25, 2021
Filed: March 31, 2021
Published on e-Laws: March 31, 2021
Printed in The Ontario Gazette: April 17, 2021

Amending O. Reg. 387/04

(WATER TAKING AND TRANSFER)

1. The definitions of “Average Annual Flow Map”, “Drinking Water Systems” and “Summer Low Flow Map” in subsection 2 (1) of Ontario Regulation 387/04 are revoked.

2. Subsection 3 (2) of the Regulation is revoked.

3. (1) Sub-subparagraph 2 i B of subsection 4 (2) of the Regulation is amended by striking out “Drinking Water Systems” and substituting “Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002”.

(2) Subparagraph 2 iii of subsection 4 (2) of the Regulation is revoked and the following substituted:

iii.  whether the water taking or proposed water taking is from a ground or surface source of supply that the Director has determined under subsection (5) to be under stress, and

(3) Paragraph 3 of subsection 4 (2) of the Regulation is amended by striking out “and” at the end of subparagraph ii, by adding “and” at the end of subparagraph iii and by adding the following subparagraph:

iv.  the categories of priorities of water use set out in subsection (4).

(4) Section 4 of the Regulation is amended by adding the following subsections:

(4) The following are the priorities of water use for the purposes of subparagraph 3 iv of subsection (2):

1.  Highest priority category of water use, being,

i.  water used to protect the natural functions of the ecosystem as described in paragraph 1 of subsection (2),

ii.  water used to supply water for one or more drinking water systems within the meaning of section 2 of the Safe Drinking Water Act, 2002, and

iii.  water used to support farm animal production and aquaculture.

2.  Second priority category of water use, being,

i.  water used for the irrigation of agricultural crops, and

ii.  water used for on-farm washing activities.

3.  Third priority category of water use, being any water used for a purpose not mentioned in the first, second or fourth priority category, including any water used for an industrial or commercial purpose, including for watering golf courses.

4.  Fourth priority category of water use, being any water used for an aesthetic purpose.

(5) Where the Director determines, having regard to all the information available to the Director, that one or more ground or surface sources of supply are under stress, in whole or in part, the Director shall post an information notice to that effect on the environmental registry pursuant to section 6 of the Environmental Bill of Rights, delineating the geographic area where the source or sources of supply are under stress and providing a summary of the information and analysis the Director relied on in making the determination.

(6) An information notice under subsection (5) shall indicate the Director’s intention to prepare and consult on a strategy to manage the permitted water takers within the geographic area mentioned in subsection (5).

(7) In every case where the Director has published an information notice under subsection (5), the Director shall proceed to prepare and consult on the strategy mentioned in subsection (6).

(8) After consulting on the strategy mentioned in subsection (6), the Director shall proceed to finalize the strategy and shall have regard to it to the extent that it is relevant when considering a matter to which this section applies.

4. Section 5 of the Regulation is revoked.

5. The Regulation is amended by adding the following section:

Publication

9.1 The Director may publish on a Government of Ontario website or otherwise make available to the public the following data, whether collected before or after the coming into force of this section:

1.  Any data collected under section 9.

2.  Any other data that the Ministry collects from a holder of a permit that relates to the holder’s water taking.

Commencement

6. This Regulation comes into force on the later of April 1, 2021 and the day it is filed.