ontario regulation 179/25

made under the

Ontario Water Resources Act

Made: August 14, 2025
Filed: August 20, 2025
Published on e-Laws: August 20, 2025
Published in The Ontario Gazette: September 6, 2025

Amending O. Reg. 387/04

(WATER TAKING AND TRANSFER)

1. The definition of “application” in subsection 2 (1) of Ontario Regulation 387/04 is revoked and the following substituted:

“application” means an application to the Director for a permit made under section 34.1 of the Act;

2. Clause 4 (1) (b) of the Regulation is amended by striking out “cancel or amend” in the portion before subclause (i) and substituting “revoke, renew or amend”.

3. The Regulation is amended by adding the following sections:

Applications for permit renewal

4.0.1 (1) If a permit is cancelled or revoked due to a term or condition in the permit stipulating cancellation or revocation due to a change in ownership of the property on which the water taking is occurring, the permit holder or another person may, no more than 12 months after the cancellation or revocation, submit an application to the Director to renew the permit under subsection 34.1 (1) of the Act.

(2) If an application has been submitted under subsection (1) in respect of a cancelled or revoked permit, the Director may renew the permit, which shall be subject to the same terms and conditions and expiry date that applied before the cancellation or revocation.

(3) If a permit expires and the permit holder did not submit an application for renewal in accordance with subsection 34.1 (6) of the Act, the permit holder or another person may, no more than 12 months after the date the permit expires, submit an application to the Director to renew the permit under subsection 34.1 (1) of the Act.

(4) If an application has been submitted under subsection (3), the Director may issue an interim permit for a period of less than 12 months while considering the renewal application, provided that the interim permit authorizes water taking at the same location, for the same purpose and for the same amount of water or a lesser amount as the expired permit.

(5) Section 34.0.1 of the Act does not apply to an application made under subsection (1) or (3) or the issuance of an interim permit under subsection (4).

Condition re change in ownership void

4.0.2 If a permit contains a term or condition stipulating that the permit is cancelled or revoked in the case of a change in ownership of the property on which the water taking is occurring, that part of the term or condition is void.

4. Subsection 8 (3) of the Regulation is amended by striking out “cancel or amend” and substituting “revoke, renew or amend”.

Commencement

5. This Regulation comes into force on the day it is filed.