About water taking

The Government of Ontario is responsible for managing the water in the province on behalf of all Ontarians.

Our water taking program manages, conserves and protects the water in Ontario so itis used efficiently and sustainably. This promotes long-term environmental, social and economic well-being.

The water taking program includes the authority to regulate water takings through environmental permissions governed under the:

Find out if you need an environmental permission

Step 1 – Determine if you are exempt from an environmental permission for water taking

You must have an environmental permission for most water takings from:

  • lakes
  • streams
  • rivers
  • ponds
  • groundwater greater than 50,000 litres per day

You do not need (are exempt from) an environmental permission when you:

You must meet all conditions of the specific exemption for your activity to be exempt from an environmental permission.

Domestic purposes exemption

You do not need a Permit to Take Water (PTTW) if the amount of water taken is less than 379,000 litres per day.

Examples of domestic water use include:

  • household water use, such as drinking, cooking and bathing
  • home gardens and lawns
  • private wells for residential use

This exemption does not apply to water takings by a municipal drinking water system or by a public utility company.

Watering livestock or poultry exemption

You do not need a PTTW if the amount of water taken is less than 379,000 litres per day.

This could include drawing water from a source to hydrate animals such as cattle, pigs, sheep or goats.

Wetland conservation exemption

You do not need an environmental permission for water takings associated with the conservation, development, restoration or management of a wetland.

This exemption applies to the taking of water solely for existing and new wetlands and does not apply to water used for any other purposes.

A wetland is land that is seasonally or permanently covered by shallow water, or where the water table is close to or at its surface. This persistent presence of water results in the formation of hydric soils and favours the dominance of either hydrophytic or water tolerant plants.

Weir that was constructed prior to March 29, 2016 exemption

You do not need an environmental permission for water taking associated with the impoundment of water behind an existing structure or works constructed across a watercourse, commonly known as a weir.

This exemption applies only to a structure or works constructed before March 29, 2016. The structure or works may also have a fishway, which is commonly known as a fish ladder.

Your activity is exempt if all of the following conditions are met:

  • the structure or works is constructed across a water body for the diversion or storage of water
  • the structure or works is designed for the flow of water to pass freely over the structure or works while remaining part of the same water body
  • the structure or works does not include any mechanisms that may be operated to alter the flow rates or water levels upstream or downstream of the structure or works
  • the structure or works is not used for the purpose of generating electricity.

Passive and active in-stream diversions for construction purposes exemption

Passive in-stream diversion

You do not need an environmental permission for construction-related activity that involves the passive in-stream diversion of water within a watercourse to accommodate in-water construction activity.

Your activity is exempt if all of the following conditions are met:

  • water is being diverted to create and maintain a dewatered work area located in a water body for a construction-related project without the use of a pump 
  • the water levels upstream or downstream of the work area must not be affected by the diversion
  • the water is not removed from the water body (meaning no water is taken and the water is diverted solely for the purpose of by-passing the work area. This can be accomplished by either directing the flow around the work area within the water body or using a by-pass channel)

The construction-related activities related to this exemption are the construction, repair, alteration, extension or replacement of a bridge, culvert, pier, sewer works, water works or other structure.

The exemption does not apply to sewer or water works situated under a watercourse that was or will be installed using open-cut trench techniques.

Active in-stream diversion

You do not need an environmental permission for the active diversion of water by means of a pump for the purpose of diverting water to create and maintain a dewatered work area in a water body.

This exemption applies to both the diverted water in the water body and any water from the water body that is enclosed within the construction site, such as leaking cut-off walls or water trapped between two coffer dams or within a sheet piling cut-off wall.

Your activity is exempt if the following conditions are met:

  • water is being diverted to create and maintain a dewatered work area located in a water body for a construction-related project by means of a pump
  • water taken from the water body is returned directly to the same water body (the water cannot be stored or used for any other purpose)
  • water taken from the dewatered work area is returned directly to the water body
  • there cannot be an introduction of a visible petroleum hydrocarbon film or sheen present in the returned water
  • the water quantity and quality cannot be affected upstream or downstream of the work area
  • erosion and sediment control measures are:
    1. used for discharge of the water, including discharge related to return of the water to the water body
    2. used, operated and maintained in accordance with recommendations provided by the manufacturers of the control measures
    3. are recovered and disposed of, along with all materials collected or trapped by those measures, when the water is no longer being taken
  • no pump is refuelled within 30 meters of the water body

The construction-related activities related to this exemption are the construction, repair, alteration, extension or replacement of a bridge, culvert, pier, sewer works, water works or other structure.

Constructing or operating a dam associated with the production of electricity exemption

You do not need an environmental permission if the dam meets the definition under the Lakes and Rivers Improvement Act and the dam is associated with the production of electricity.

Renewable energy projects exemption

You do not need a water taking permission if the water takings are approved under a renewable energy project, which requires a Renewable Energy Approval (REA). A REA covers all required ministry approvals for the project.

Foundation drainage systems exemption

You do not need an environmental permission if water taking is for foundation drainage systems used primarily for residential purposes that take less than 379,000 litres of water per day.

The only purpose of the system is to collect, transmit, treat and dispose of ground water and storm water taken from the foundation of a buildings.

Early mineral exploration activities exemption

Your activity is exempt if you are taking water for the purposes of early exploration activities that are prescribed under the Mining Act. More specifically, the prescribed purposes are listed in Schedules 2 and 3 of Ontario Regulation 308/12 (O. Reg. 308/12) under the Mining Act and include activities, such as drilling, surface stripping and line cutting.

Your activity is exempt only if you meet all the following conditions:

  • 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.
  • The person carrying out the activity has been issued an exploration permit under section 78.3 of the Mining Ac, 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.
  • The water taking activities are directly related to activities covered under the plan or permit. The water takings must not be for activities that are not covered under the plan or permit, such as domestic water supplies for construction camps.
  • In the case of water taken from one or more surface water bodies, the water must only be taken from:
    • a lake with a surface area greater than 10 hectares
    • a pond that is not connected to another water body that is a creek stream or river
    • a permanent stream with a stream order of three or higher
  • In the case of water taken from a surface water body that is a permanent stream:
    • the instantaneous rate of water taking must not exceed five per cent of the stream flow rate at the point of the water taking
    • before each taking of water, the flow rate of the stream must be measured within 7 days before that taking of water and the measurement must be representative of the stream flow rate on the day the water is taken
      • For example, if water is taken from a permanent stream each day for 10 days of drilling, the stream flow may be measured on day 1 and the daily water taking rate must not exceed five percent of that measured flow rate, provided the measurement remains representative of the stream flow on the day the water is taken. The stream flow must be measured again within 7 days (or sooner if conditions change), and the daily water taking rate must not exceed five percent of the newly measured flow rate. At all times, the amount of water taken must not exceed five percent of the stream flow rate on the day of the taking. More frequent flow measurements may be needed, particularly during spring freshet when snowmelt can cause flow rates in streams to vary rapidly or when stream flows can change rapidly.
  • Any water that is returned must be returned to the same watershed from which it was taken, that is the water must not be permanently removed.
  • All surface water takings must have a fish guard, a screen, a covering, netting or another other device to prevent the passage of fish into any water intake.
  • Any ground water takings are required to not impact surrounding ground water and surface water features and other water users that could be impacted by the water taken or by the quantity or quality of the water discharged.
  • Erosion and sediment control measures are required to be implemented and maintained to minimize erosion, scouring and sedimentation from occurring as a result of the discharge.
    • Examples of erosion and sediment control measures can include the use of straw bales, geotextiles, silt fences, sediment traps or discharging to a low-lying vegetated area to provide erosion control before the discharge reaches the water body.
  • The discharge is required to have no visible petroleum hydrocarbon film or sheen present.
  • Any discharge to the environment must be not less than 30 meters away from any water body.
  • Proponents must maintain records to demonstrate that the exemption criteria have been met and make these available to the ministry upon request.

In addition, all drill fluids should be contained in a pit or sump located at least 30 meters from a waterbody to allow the water to naturally attenuate and infiltrate back into the watershed. The discharge location or sump must be within the same watershed where the water was originally taken from.

More information on exemptions

Find more information on conditions, clarifications and broader exemptions in:

It is important to note that the exemption from requiring an environmental permission does not exempt you from other regulatory requirements or approvals associated with the activity.

Step 2- Determine what environmental permission you need

If your activity is not exempt, you may need an environmental permission. An environmental permission can be:

  • a Permit to Take Water (PTTW)
  • an Environmental Activity and Sector Registry (EASR) water taking registration

Environmental Activity Sector Registry

Certain water taking activities must be registered in the EASR instead of requiring a PTTW.

The 3 types of water taking activities that must be registered in the EASR by Ontario Regulation 63/16 (O. Reg. 63/16) are:

  1. Highway and transit projects
    • surface water takings that are more than 50,000 litres per day of water for highway projects and transit projects that meet specified criteria about the purpose, rate or location of the water taking
  2. Water taking for construction site dewatering
    • construction site dewatering activities that take more than 50,000 litres of ground water, storm water or a combination of both per day on any day
  3. Water taking for pumping tests
    • 7-day pumping tests conducted in a 30-day period that take more than 50,000 litres per day of water and not more than 5,000,000 litres per day

O. Reg. 63/16, under the EPA, prescribes water taking activities required to register in the EASR. While the OWRA also deals with water takings and transfers, for this specific regulation the governing act is the EPA.

Learn more about the Environmental Activity and Sector Registry, how to register in the EASR, and the registration and activity requirements for water takings subject to registration.

Permit to Take Water

A PTTW is required for any person who takes more than 50,000 litres of water per day, unless that activity is required to be registered in the EASR, or the activity is exempt.

A PTTW is regulated under the Ontario Water Resources Act, and Ontario Regulation 387/04.

This includes water takings from:

  • lakes
  • streams
  • rivers
  • ponds
  • groundwater

Learn how to apply for and operate with your PTTW.

Contact us

For more information you can contact the Client Services and Permissions Branch: