ontario regulation 247/26

made under the

Ontario Water Resources Act

Made: July 16, 2026
Filed: July 27, 2026
Published on e-Laws: July 27, 2026
Published in The Ontario Gazette: August 15, 2026

Amending O. Reg. 387/04

(WATER TAKING AND TRANSFER)

1. Section 4.2 of Ontario Regulation 387/04 is amended by adding the following subsections:

(11) Subsection 34 (1) of the Act does not apply to a person who takes water for the purpose of carrying out any activity that constitutes early exploration if either of the following circumstances are met and all of the conditions in subsection (13) are satisfied:

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 (Exploration Plans and Exploration Permits) made under that Act.

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.

(12) In subsection (11),

“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.

(13) The conditions mentioned in subsection (11) are the following:

1. In the case of water taken from one or more surface water bodies, the water must only be taken from,

i. a lake with a surface area greater than 10 hectares,

ii. a pond that is not connected to another water body that is a creek, stream or river, or

iii. a permanent stream with a stream order of three or higher.

2. In the case of water taken from a surface water body that is a permanent stream,

i. the instantaneous rate of water taking must not exceed five per cent of the stream flow rate at the point of the water taking, and

ii before each taking of water, the flow rate of the stream must be measured within seven days before that taking of water and the measurement must be representative of the stream flow rate on the day the water is taken.

3. All surface water takings must have a fish guard, a screen, a covering, netting or any other device to prevent the passage of fish into any water intake.

4. Any water taken that is returned must be returned to the same watershed from which it was taken.

5. Any ground water taken must not affect,

i. any surrounding ground and surface water features, or

ii. the quantity or quality of the water supply for other water users.

6. Erosion and sediment control measures must be implemented and maintained to minimize erosion, scouring and sedimentation from occurring as a result of the water discharged.

7. There must be no visible petroleum hydrocarbon film or sheen present in the returned water.

8. The location of any discharge of the water must be at least 30 metres away from any water body.

9. The person carrying out the activity must ensure that for each day that water is taken, a record is created that demonstrates that the applicable conditions mentioned in paragraphs 1 to 8 have been satisfied. The records must be retained for the duration of the permit or plan, as applicable.

(14) In subparagraph 1 iii of subsection (13),

“stream order” means the ordering of streams in which the smallest unbranched channels are considered first order, the joining of such channels forms a second order and subsequent union of similar stream orders results in successively higher stream orders.

Commencement

2. This Regulation comes into force on the later of September 1, 2026 and the day this Regulation is filed.