Introduction

In Ontario, an environmental permission is required for most water takings greater than 50,000 litres per day. Environmental permissions for water takings may be:

If your water taking activity meets the requirements to register in the EASR, the following guidance outlines what you need to do to complete the registration and the operational requirements for complying after you register.

Disclaimer

While this guidance was written to provide information on EASR requirements, it should not be construed as legal advice. While all efforts are made to ensure the accuracy of the requirements summarized below, if there is any discrepancy between this summary and the Acts or regulations, the provisions of the Acts and regulations prevail.

Water taking activities subject to registration in the EASR

The 3 types of water taking activities that require to 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 less than or equal to 5,000,000 litres per day of water

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.

Timeline to register

If you currently have a PTTW that is regulated under the water taking EASR regulation, and it was issued prior to July 1, 2021 (for highway and transit projects, and pumping tests), or July 1, 2025 (for construction site dewatering), you may continue to operate under the permit until it expires or is revoked.

However, if you make a change that would trigger a permit amendment, then you would be required to register the activity at that time. You can also choose to register in the EASR before the expiry of your permit.

Registering in the Environmental Activity and Sector Registry (EASR)

To register, you will need to access online services for environmental permissions. Learn more about environmental permissions online services. 

Highway projects and transit projects

Activities subject to registration in the EASR

You can register the taking of water from a water body for use in the construction, repair and maintenance of highway and transit projects on the EASR, subject to registration criteria as stated in the water taking EASR regulation.

The EASR regulation provides the definition of highway projects and transit projects as:

Highway project

The construction, maintenance or repair of a highway. Highway, as defined in the Highway Traffic Act, includes any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof, such as:

  • a common and public highway
  • street
  • avenue
  • parkway
  • driveway
  • square
  • place
  • bridge
  • viaduct
  • trestle.

Transit project

The construction, maintenance or repair of infrastructure, not including terminals, related to transportation by a service that, aside from any incidental use for walking, bicycling or other means of transporting people by human power,

  • is used exclusively for the transportation of passengers by bus or rail, and
  • provides regular and continuing transportation to the public

Terminals do not include intermediate stops located along a highway such as bus stops or streetcar stops.

Each separate highway project or transit project that meets the registration criteria must register for its own EASR. There is no limit on the duration of the project. There are no limits on the number of water taking locations that can be covered under a single registration as long as they are part of 1 highway or transit project.

Quantity of water

Registration is required if the taking of water is more than 50,000 litres of water on at least 1 day during the life of the project.

Water use

The taking of water from a water body must be for 1 or more of the following uses related to a highway project or transit project:

  • hydrodemolition
  • cleaning and flushing
  • seeding, mulching, sodding or landscaping
  • dust suppression
  • compaction of earth and granular materials
  • on-site preparation of materials to be used in the construction, maintenance or repair of the highway

Water body restrictions

Water must only be taken from water bodies that meet the following criteria:

  • the water body must be a lake, pond or permanent stream
  • if the water body is a lake, the surface area of the lake is greater than 10 hectares
  • if the water body is a pond, the pond is not connected to another water body that is a creek, stream or river
  • if the water body is a permanent stream, it is of a stream order of 3 or greater

Stream order is a method for classifying the relative location of that part of the stream within the larger river system and is defined in the regulation. Another way to describe stream order is that a first-order stream is the smallest stream that has permanent flow all year. The joining of 2 first-order streams forms a second-order stream which contains a greater permanent flow than the first-order stream. The joining of 2 second-order streams forms a third-order stream. Each successive stream junction creates larger streams and a higher stream order.

The ponds that are included as water taking locations for the highway projects and transit projects EASR  are water bodies that are not connected to another creek, stream or river, so they are recharged by ground water and or surface water runoff. There are no restrictions in the size of the pond.

Restriction: the taking of water must not involve transferring water out of the Great Lakes - St. Lawrence River Basin, the Nelson River Basin, or the Hudson Bay Basin, or transferring water from one Great Lake watershed to another.

For more details on rules pertaining to water transfers, refer to the OWRA and O. Reg. 387/04.

Before you register

If you engage in the prescribed water taking activity, you must ensure that the registration requirements are met prior to registering the activity in the EASR. For highway projects and transit projects, there are 2 main registration requirements.

Environmental assessment requirements

Prior to registering the water taking activity in the EASR, you must ensure that the following requirements under the Environmental Assessment Act (EAA) have been met, if applicable:

  • If the highway project or transit project forms part of Part II.3 and the EAA applies, any necessary requirements under O. Reg. 231/08 (Transit Projects and Metrolinx Undertakings) made under the EAA have been met and an approval has been  given under Part II.3 of the EAA to proceed with the undertaking.
  • If the highway project or transit project forms part of an undertaking and the EAA applies, a class environmental assessment approved under Part II.1 of that EAA applies to the undertaking, all applicable requirements under the class environmental assessment have been satisfied and no order has been issued under subsection 16 (1) of that Act.
Technical assessment report: water body report

Prior to registering the water taking activity in the EASR, you are required to obtain a water body report prepared by a qualified person (QP).

For the purposes of highway projects and transit projects, the QP must, at a minimum, hold a bachelor’s degree with a specialization in hydrology, aquatic ecology, limnology, biology, physical geography or water resources management or engineering. The type of scientific work that a qualified person performs must be consistent with that person’s education and experience.

Obtaining the technical report prior to registering your activity ensures your proposed water taking meets the registration requirements listed in the regulation. If the QP determines that your proposed water taking does not meet the EASR registration criteria, the QP report may assist you when applying for a PTTW from the ministry.

You are not required to provide the water body report to the ministry as part of the registration process. However, a copy of the water body report must be made available to the ministry in paper or electronic format upon request.

The water body report must include the following information and statements:

  • the name and location of each water body from which water will be taken
  • whether the water body is a lake, pond or permanent stream
  • confirmation that the water body meets the criteria related to surface area or stream order as applicable
    • if the water body is a permanent stream, the methodology that will be used by the water taker to calculate the flow rate of the stream on a daily basis
  • a statement by the person who has prepared the report that the water body meets the registration criteria set out the regulation in respect of the water body
  • a summary of the qualifications and experience of the person who prepared the report
  • the date the report was prepared
  • a description of the water taking activity, including the rate or volume at which the water will be taken
  • an analysis to determine whether a water monitoring plan should be included to monitor the potential impacts of the water taking
    • if the QP determines that a water monitoring plan is required, a description of the plan should be included along with the circumstances under which the plan would be needed

Activity requirements for highway and transit projects

Once you have registered your highway and transit project, the following will assist you in understanding your regulatory operating requirements. This is intended to provide guidance only. It is your responsibility to ensure that you follow all legislated requirements.

All registered water taking activities are required to meet the activity requirements that are listed in the water taking EASR regulation.

Learn more about how to comply with your EASR registration.

Requirements related to the water body report

If the water is taken from a permanent stream, the instantaneous rate of water taking from the stream must not exceed 5% of the stream flow rate at the point of the water taking. Prior to taking water from the stream each day, the stream flow rate is required to be calculated using the method included in the water body report.

If the taking of water continues after 10 years from the date of registration, the water body report must be updated to reflect any changes that may have occurred. These updates must be completed within 30 days after reaching the 10-year timeline.

Daily water taking log

A daily water taking log must be maintained at the location of the water taking activity and should include:

  • the date or dates of the taking
  • the name of the water body
  • the location of each water taking
  • the average rate at which water was taken (litres per second)
  • the total volume of water taken (litres)
  • if the water body is a stream, the flow rate of the stream that was calculated each day using the calculation method included in the water body report
  • any additional information required to be logged by the water body report
Notifications

If the taking of water is intended or expected to continue for more than 365 days, written notice of the water taking activity must be provided to the local municipalities (upper-tier and lower-tier or single-tier, as applicable) and any conservation authority within whose jurisdiction the proposed water taking is located.

This notice shall include:

  • the name of the person proposing to take water
  • the dates on which the water will be taken
  • the name or names of the water body and location from which water will be taken

If your water taking was initially expected to continue for less than or equal to 365 days, but the actual water taking continues for more than 365 days, you must:

  1. Update your registration to reflect any changes that were filed in the Registry (for example, changes to your estimated start date or end date). These updates must be done within 30 days of any changes to the information that you have previously provided.
  2. Provide written notice of the water taking activity to the municipalities and conservation authority as described above.
Spill cleanup and containment

Spill clean-up and containment equipment that is designed to contain or absorb oil, fuel and lubricant shall be available at the site of the water taking for the period during which the taking of water occurs.

Records

You are required to keep the following records for a period of 5 years from the day it was required to be created or the day it was last updated:

  • a copy of each water body report
  • a copy of any methodology used that was not set out in the report
  • water taking logs
  • record of any complaints that are received with respect to the water taking that relate to the natural environment, including:
    • the date and time the complaint was received
    • a copy of any written complaint or a summary of any non-written complaint
    • a summary of any measures that were taken to address the complaint

All documents, including the water body reports, must be made available to the ministry in paper or electronic format upon request.

Construction site dewatering

Prescribed activities subject to registration in the EASR

Prescribed activities subject to registration in the EASR are:

  • the taking of water for the purpose of creating 1 or more dewatered work areas within a construction site when the quantity of ground water taken exceeds 50,000 litres per day on at least 1 day
  • if the ground water is mixed with storm water, such as rainwater runoff, water runoff from roofs, snowmelt and surface runoff, the combined taking of ground water and storm water exceeds 50,000 litres per day on at least one day

There is no limit to the number of dewatered work areas that can be registered under 1 EASR registration if the activity meets the registration criteria. The prescribed activity also covers the treatment and discharge of the water that is taken.

Storm water considerations

When determining whether registration is required, you must consider the potential impact of precipitation events, including extreme weather, that would result in a combined taking of more than 50,000 litres of ground water and storm water on one or more days to meet regulatory requirements.

Registration exemptions with regulatory requirements

Proponents that are taking more than 50,000 litres of only storm water are not required to register in the EASR or obtain a PTTW. However, since the taking of storm water for the purpose of maintaining one or more dewatered work areas within a construction site is a prescribed activity, proponents are still required to have a Qualified Person (QP) prepare and retain a discharge report prior to taking water and implement the measures set out in that report, as outlined in O. Reg 63/16.

Registration restrictions

Registration in the EASR does not apply to the following water takings, which may be exempt from a permission for a water taking or may require another type of permission:

  • takings at construction sites associated with mines, mine development, mine reclamation, pits or quarries
  • taking of ground water for human consumption, agriculture, or use in an industrial or manufacturing process
  • transferring ground water out of the Great Lakes - St. Lawrence River Basin, the Nelson River Basin, or the Hudson Bay Basin, or transferring water from one Great Lake watershed to another
  • taking of ground water or storm water if the recommended method of transfer or discharge identified in a discharge report is discharge into the natural environment within an area that is part of a wellhead protection area and that is identified as “WHPA-A” in a source protection plan approved by the Minister under the Clean Water Act, 2006
    • WHPA-A is a wellhead protection area of a municipal water supply well with an outer boundary of a radius of 100 m from the municipal well. For more details see the Technical Rules: Assessment Report under the Clean Water Act

Project and site information

A construction site may be in 1 location (for example, parking lot construction) or 2 or more construction sites for the same linear infrastructure project (for example, installation or repair of a pipeline).

When registering your activity, your identified site location should be:

  • the address of your site if the taking is in 1 location
  • the location where a contact for the project can be reached if the site is a linear infrastructure project

In either case, you will be required to identify the water taking locations separately as part of the registration process. If you have additional water taking locations after you register your activity, you must update your EASR registration to reflect these changes.

Before you register

You must ensure that the registration requirements are met prior to registering the activity in the EASR. You are required to obtain a water taking report prepared by a QP and a discharge report prepared by a QP related to the water taking activity. You are also required to provide these reports to the ministry by uploading them as part of your registration.

Water taking report

Preparing the report

The QP who prepares the water taking report must hold credentials that satisfy 1 of the following criteria:

  • holds a certificate of registration under the Professional Geoscientists Act, 2000, and is a practicing member, temporary member or limited member of the Association of Professional Geoscientists of Ontario
  • is a professional engineer who meets the requirements set out in paragraph 2 of subsection 3 (3) of the Professional Geoscientists Act, 2000

Recommended report structure

The following suggested structure may be used for the water taking report. Depending on the characteristics of the water taking, some sections may not be necessary, while additional sections may be required.

The suggested report format and main section headings are as follows:

  1. Introduction
  2. Background
  3. Impact assessment
  4. Conclusions and recommendations
    • 4.1 Contingency plan
    • 4.2 Notification protocol
    • 4.3 Monitoring
  5. Qualified person statement

Water taking report content

1. Introduction

The water taking report must include:

  • the date the water taking report was prepared
  • a summary of the qualifications and experience of the person who prepared the water taking report

2. Background

The water taking report must include:

  • a description of the water taking activity, including the rate at which the water will be taken and the volume that may be taken
  • a description of the construction site

The description of the construction site should include:

  • a characterization of the hydrogeological setting
  • quaternary and bedrock geology (where applicable)
  • physical hydrogeology
  • a well survey

Key figures, tables and graphs should be included as appropriate.

3. Impact assessment

The water taking report must include:

  • An identification of the expected area of influence for each dewatered work area within the construction site, having regard to the amount of ground water that will be taken and all calculations and assumptions used to identify the expected area of influence.
  • An analysis of any potential sources of contamination in each expected area of influence identified, such as:
  • gas stations
  • dry cleaning facilities
  • landfill sites
  • exfiltration lagoons
  • large subsurface sewage disposal systems
  • contaminated sites
  • water bearing zones that are known to have naturally occurring poor water quality

You may also refer to the list of potentially contaminating activities set out in Column A of Table 2 of Schedule D in Ontario Regulation 153/04: Records of site contention – Part XV.1 of the Act.

  • An analysis of the potential impact of contamination or movement of contaminants that could occur as a result of the proposed water taking, including an assessment of the impact of the movement of contaminants in each expected area of influence and all calculations used to assess the potential impact.
  • An analysis of the potential impact of the soil settlement and land subsidence that could occur as a result of the proposed water taking, including an assessment of the impact of the soil settlement and land subsidence on the integrity of infrastructure located in each expected area of influence and all calculations used to assess the potential impact.
  • An analysis of the potential impact of the proposed water taking on other water users in each expected area of influence, including calculations determining whether the volume of water to be taken during the proposed water taking would limit the availability of water for other water users in the area.
  • An analysis of the potential impact of the proposed water taking on conservation land, on fish and wildlife habitat, and on natural functions of the ecosystem in each expected area of influence, as the case may be, including calculations determining whether the volume of water to be taken during the proposed water taking would likely cause any adverse effect.

All calculations and assumptions used in the preparation of the water taking report must be included in the report.

4. Conclusion and recommendations

The water taking report must include an identification of methods, measures and controls that will be implemented to monitor, prevent, mitigate, or remedy the potential impacts of the proposed water taking activity based on the analyses completed.

4.1 Contingency plan

The water taking report must include a contingency plan that includes:

  • an outline of the measures that must be implemented if the water supply is affected for other water users, including a plan to:
    • make available, to the affected water users, a supply of water equivalent in quantity and quality to their normal takings, or compensation for their reasonable costs of doing so
    • if necessary, reduce the rate and amount of taking to prevent or otherwise alleviate the negative impact on the water supply
  • identification of any measures that must be implemented and the circumstances in which they must be implemented to address the potential impact of the proposed water taking on other water users in each expected area of influence, at a minimum the following impacts:
    • of movement of contaminants
    • of soil settlement and land subsidence
    • on other water users
    • on conservation land, fish and wildlife habitat and the natural functions of the ecosystem
  • an assessment of whether a shutdown protocol is required and, if required, a description of the shutdown protocol, and the circumstances in which it should be implemented

If a shutdown protocol is determined to be necessary in the contingency plan, it should include:

  • a protocol for providing written notice to any other water users who may be impacted by the water taking and to the applicable district office of the Ministry at least 48 hours before the commencement of the initial taking of water
  • a description of where the water taking is to occur, the dates on which the water is intended to be taken, and the approximate time and duration that each water taking will occur
  • the registration number that appears on the confirmation of registration provided to the registrant
  • the name and telephone number of a person who can be contacted to report any concerns about the water taking interfering with another water supply

4.2 Notification protocol

If any of the measures in the contingency plan, including the shutdown protocol, if any, are implemented, the water taking report must include a notification protocol for providing notice to the ministry immediately.

The water taking report must also include a notification protocol for providing written notice to other water users who may be impacted and the applicable local ministry district office at least 48 hours prior to the initial commencement of the initial taking of water that includes, at minimum:

  • a description of where the water taking is to occur
  • the approximate dates on which the water is intended to be taken
  • the approximate time and duration that each water taking will occur
  • the registration number that appears on the confirmation of registration in respect of the activity that is provided under subsection 2 (4) of Ontario Regulation 245/11
  • the name and telephone number of a person who can be contacted to report any concerns about the water taking interfering with another water supply

As part of the water taking report, it is up to the QP to identify which water users should be notified and the method of notification (such as written notices at the residence of the nearby water user who may be impacted by the water taking).

4.3 Monitoring

The water taking report must include:

  • an analysis of whether a water monitoring plan is required to monitor the potential impacts of the water taking
  • if a water monitoring plan is required, a detailed description of the plan and the circumstances in which it would need to be implemented

5. Qualified person statement

The qualified person who prepared the water taking report must include a signed statement, confirming that:

  • all available information has been considered in accordance with the professional standards of the person who prepared the report
  • based on the information available, the information in the report is accurate as of the date it is signed and sealed
  • based on the information available, all necessary methods and procedures were employed to minimize of errors in assessing the potential impacts of the proposed water taking activity
  • based on the information available, all necessary measures have been recommended to monitor, prevent, mitigate, or remedy any potential impacts of the proposed water taking activity
  • based on the opinion of the person who prepared the water taking report, the proposed water taking activity is unlikely to cause an adverse effect

Discharge report

Preparing the report

The QP who prepares the discharge report must, at a minimum, hold a bachelor’s degree with a specialization in hydrology, aquatic ecology, limnology, biology, physical geography or water resources management or engineering.

Recommended report structure

The following structure is suggested as a standard format for the discharge report. Depending on the characteristics of the water taking, some sections may not be necessary, while additional sections may be required.

The suggested report format and main section headings are as follows:

  1. Introduction
  2. Background
  3. Discharge assessment
  4. Methods of transfer or discharge
  5. Conclusions and recommendations
    • 5.1 Monitoring plan
    • 5.2 Contingency plan
  6. Qualified person statement

Discharge report content

1. Introduction

The discharge report must include the following information:

  • the date the discharge report is prepared
  • a summary of the qualifications and experience of the person who prepared the discharge report

2. Background

The discharge report must include:

  • the location of the discharge, if applicable

3. Discharge assessment

The discharge report must include an assessment of the quality and quantity of the ground water and storm water being discharged to confirm that it is unlikely to cause an adverse effect on the environment.

As part of the assessment of the quantity of the water that is expected to be discharged, it is recommended that all ground water and or storm water taking considerations, including initial storage dewatering and equilibrium flow, be considered during normal conditions.

As part of the assessment of the quality of the water that is expected to be discharged, it is recommended that the QP consider factors such as:

  • the size of the construction site
  • the on-site activities
  • the potential impact of any sites within the capture zone of the water taking
  • the duration of the water taking
  • the discharge location

In some instances, the QP may recommend that multiple water samples be taken for the initial characterization of the water taking and for on-going water taking as the construction dewatering expands.

All calculations and assumptions used in the preparation of the discharge report must be included in the report.

4. Methods of transfer or discharge

The discharge report must include a recommendation of 1 or more of the following methods of transfer or discharge:

  • transfer to a waste management system that is subject to an environmental compliance approval or in respect of which an activity has been registered in the EASR-
  • discharge into one of the following sewage works:
  • a sewage works that is subject to an environmental compliance approval
  • a sewage works in respect of which an activity has been registered in the EASR
  • a sewage works in respect of which no environmental compliance approval is required or at which no activity prescribed for the purposes of subsection 20.21(1) of the Act is engaged in
  • discharge into a municipal sanitary sewer or a municipal storm sewer
  • discharge into the natural environment

If the recommended method of discharge is to the natural environment, the discharge report must include:

  • an identification of any treatment and control measures required to minimize erosion, flooding, scouring and sedimentation from occurring as a result of the discharge
  • an identification of any treatment and control measures required to address the quality of the discharge to ensure that the discharge will not cause an adverse effect, including impacts from any contaminated water if the analysis in the water taking report determine a potential for movement of contaminant

5. Conclusions and recommendations

5.1 Monitoring plan

The discharge report must include an analysis to determine whether a monitoring plan would be needed to monitor the potential impacts of the discharge and, if needed, a description of the plan and the circumstances in which it would be needed.

5.2 Contingency plan

The discharge report must include a contingency plan that includes contingency measures to be implemented, if any, and the circumstances in which they must be implemented to address:

  • the potential impacts related to the quality and quantity of the discharge
  • any failures of recommended treatment
  • other site-specific impacts, if applicable

The contingency plan must include an assessment of whether a shutdown protocol is required and, if required, develop a shutdown protocol including the circumstances in which it would be implemented. A single shutdown protocol may be developed to cover both the water taking and discharge report requirements.

8. Qualified person statement

The qualified person who prepares the discharge report must include a signed statement confirming that:

  • all available information has been considered to the best professional ability of the person who prepared the discharge report
  • based on the information available, the information in the report is accurate as of the date it is signed
  • based on the information available, the necessary methods and procedures were employed to ensure minimization of errors in assessing the potential impacts of the discharge of the proposed water taking activity
  • based on the opinion of the person who prepares the discharge report, the discharge of the ground water and storm water will not cause an adverse effect to the environment

Activity requirements for construction site dewatering

All registered water taking activities are required to meet the activity requirements that are included in the water taking EASR regulation. Learn more about how to comply with your EASR registration including complaints, ensuring your registration is up-to-date, how to report your daily water takings and removing your registration once the water taking ceases.

Once you have registered your construction site dewatering activity, the following will assist you in understanding your regulatory operating requirements. This is intended to provide guidance only, it is your responsibility to ensure that you adhere to all legislated requirements.

Requirements related to the water taking report and discharge report

The registered water taking activity is required to implement all applicable measures and meet all requirements set out in the water taking report and discharge report, including any monitoring plans, contingency plans, methods of discharge and treatment measures that have been included in the reports.

Discharge requirements

The water that is taken must be discharged or transferred through the method identified in the discharge report.

In addition, the following criteria must be met when you discharge water to the natural environment or a storm sewer:

  • no visible petroleum hydrocarbon film or sheen present on any ground water or storm water
  • the discharge must not exceed 8 Nephelometric Turbidity Units (NTU) above the background level of the receiving water body if any ground water or storm water is discharged within 30 metres of a water body

The background turbidity levels should be measured upstream and out of any influence of the discharge location.

Any erosion, sediment and total suspended solids control measures should be used, operated and maintained as per the recommendations of the manufacturer, or in the absence of manufacturer recommendations, as directed in the discharge report. All control measures and all materials collected and trapped by these measures should be recovered and disposed of appropriately.

Additional authorizations or approvals may be required prior to discharge. For example, when discharging to the natural environment or sewage works that are not owned by you, authorization from the owner of the land or sewage works may be required. When discharging to a municipal sewer, additional approvals from the local municipality may be required.

For additional information on managing the discharge of water, visit the ministry’s Stormwater Management Planning and Design Manual.

Notifications

The water taking report must include a notification protocol for other water users and the applicable local ministry district office. This notification protocol is required to be implemented at least 48 hours prior to the initial commencement of the water taking activity.

If the taking of water is intended to continue for more than 365 days from the proposed start date of the water taking, written notice of the water taking activity must be provided to the local municipalities (upper-tier and lower-tier or single-tier, as applicable) and any conservation authority within whose jurisdiction the proposed water taking is located. At minimum, this notice should include:

  • the name of the person proposing to take water
  • the dates on which the water will be taken
  • an identification of the method of transfer or discharge that is to be implemented
  • the location of the discharge, if the discharge is to land

If your water taking was initially expected to continue for less than or equal to 365 days, but the actual water taking continues for more than 365 days, you must:

  1. Update your registration to reflect any changes that were filed in the Registry (for example, changes to your contact information or reports if applicable ) within 30 days of any changes to the information previously provided.
  2. Provide written notice of the water taking activity to the municipalities and conservation authority as described above.
Records

All documents, including the water taking report and the discharge report, must be made available to the ministry in paper or electronic format upon request. The person engaging in the registered water taking activity is required to keep the following list of records for a period of 5 years:

  • copies of the water taking report and discharge report
  • the dates on which water was taken for the prescribed activity
  • for each day on which water was taken for the prescribed activity, the average rate at which it was taken from each dewatered work area in litres per second
  • the volume of water taken for the prescribed activity from each dewatered work area each day in litres
  • a record of any precipitation on the construction site
  • a copy of any information or documents that demonstrate that the notification protocol included in the water taking report was implemented
  • a copy of records related to any monitoring plans, if applicable
  • record of any complaints that are received with respect to the water taking that relate to the natural environment, including:
    • the date and time the complaint was received
    • a copy of any written complaint or a summary of any non-written complaint
    • a summary of any measures that were taken to address the complaint

The record of precipitation is intended to identify and demonstrate periods of increased water taking due to storm water contribution. The method of record keeping can be qualitative or quantitative based on the QP’s discretion.

Pumping tests

Activities subject to registration in the EASR

You can register the taking of water for a pumping test on the EASR, subject to registration criteria included in the water taking EASR regulation. Pumping tests conducted at wells that take no more than 5 million litres of water per day for no more than 7 days within a 30-day period may register on the EASR.

In the context of the EASR regulation only, the regulation provides the following definition of a pumping test:

The taking of ground water from a well for the purpose of obtaining information about the aquifer from which the well takes its water.

Quantity of water

Registration is required if the taking of water is more than 50,000 litres of water on at least 1 day during the life of the pumping test.

Water taking limit

Registration is required if the pumping test:

  • is conducted at a well
  • only takes water for up to 7 days within a 30-day period
  • takes less than or equal to 5,000,000 L per day of ground water on any given day

If the pumping test does not meet any of the criteria above, registering the pumping test is not required, buta permit to take water may be required.

Location of the pumping test

The pumping test must not be conducted at a site that is a mine or a site where mine exploration is occurring.

Restriction: the taking of water must not involve transferring water out of the Great Lakes - St. Lawrence River Basin, the Nelson River Basin, or the Hudson Bay Basin, or transferring water from one Great Lake watershed to another.

For more details on rules pertaining to water transfers, refer to the OWRA and O. Reg. 387/04.

Before you register

If you engage in the prescribed water taking activity, you must ensure that the registration requirements are met prior to registering the activity in the EASR. For pumping tests, there is 1 registration requirement.

Pumping test design report

Prior to registering the water taking activity in the EASR, you are required to obtain a pumping test design report prepared by a QP related to the water taking activity that is to be registered.

Obtaining the technical report prior to registering your activity ensures your proposed water taking meets the registration requirements listed in the regulation. If the QP determines that your proposed water taking does not meet the EASR registration criteria, the QP report may assist you when applying for a permit from the ministry.

You are not required to provide the pumping test design report to the ministry as part of the registration process. A copy of the pumping test design report must be made available to the ministry in paper or electronic format upon request. For the water taking report, at minimum, the QP is required to either:

  • hold a certificate of registration under the Professional Geoscientists Act, 2000, and is a practising member, temporary member or limited member of the Association of Professional Geoscientists of Ontario
  • be a professional engineer who meets the requirements set out in paragraph 2 of subsection 3 (3) of the Professional Geoscientists Act, 2000

The pumping test design report must include:

  • a description of the pumping test, including the duration and the flow rate of the test
  • a statement that, in the opinion of the QP, the discharge of the ground water or storm water, or both, will not cause an adverse effect to the environment and will not interfere with the pumping test or water monitoring results
  • a site-specific impact assessment of the surrounding ground water and surface water features, including other water users that could be impacted by the water taken during the pumping test or by the quantity or quality of the water discharged during the pumping test
  • a notification protocol for other water users who have the potential to be impacted at least 48 hours prior to the initial commencement of the pumping test
  • a monitoring plan to monitor the potential impacts of the water taking
  • a monitoring plan to monitor the potential impacts of the discharge, if the QP determines that such a plan is needed
  • a contingency plan that includes measures to address the potential impact of the proposed water taking and discharge on other water users, a description of potential site-specific impacts and a description of a shutdown protocol if the QP assesses that such a protocol is required
  • a discharge plan that includes an assessment of the quality and quantity of the water being discharged, the method and location of the discharge and any treatment or control measures for discharge to the natural environment in a building or discharge to a storm sewer
  • a site map showing the location of features that were considered in the development of the report
  • a summary of the qualifications and experience of the person who prepared the pumping test design report
  • the date the water taking report is prepared

All calculations and assumptions used in the preparation of the water taking report must be included in the report.

If the water supply is affected for water users in the area, you will need to make a supply of water available equivalent in quantity and quality to their normal takings (or reasonable compensation for their costs of doing so). You will also be required to undertake measures to alleviate the negative impact caused by the disruption of water supply.

Activity requirements for pumping tests

Once you have registered your construction site dewatering activity, the following will assist you in understanding your regulatory operating requirements. This is intended to provide guidance only, it is your responsibility to ensure that you adhere to all legislated requirements.

All registered water taking activities are required to meet the activity requirements that are included in the water taking EASR regulation. Learn more about how to comply with your EASR registration.

Requirements related to the pumping test design report

Registered pumping tests are required to meet all applicable measures and requirements set out in the pumping test design report, including any monitoring plans, methods of discharge and treatment measures that have been included in the report.

Discharge requirements

For water taken during an EASR pumping test, you do not need to obtain an ECA for the discharge of your water. The exemption from an ECA only applies to pumping tests that meet the registration requirements of the EASR regulation.

The discharge plan must include:

  • an assessment of the quality and quantity of the water being discharged
  • the method and location of the discharge
  • any treatment or control measures for discharge to the natural environment or discharge to a storm sewer

The water that is taken must be discharged or transferred through one or more of the following methods:

  • transfer to a waste management system that has the appropriate ECA or is registered under the non-hazardous waste transportation systems EASR
  • discharge to a sewage works that has the appropriate ECA
  • discharge to a municipal sanitary sewer or municipal storm sewer
  • discharge to the natural environment or discharge to a storm sewer

In addition, there shall be no visible petroleum hydrocarbon film or sheen present on any water that is intended to be discharged to the natural environment or a storm sewer.

Any erosion, sediment and total suspended solids control measures should be used, operated and maintained as per the recommendations of the manufacturer, or as directed in the discharge plan in the absence of such manufacturer recommendations. All control measures and all materials collected and trapped by these measures should be recovered and disposed of appropriately.

Additional authorizations or approvals may be required prior to discharge. For example, when discharging to the natural environment or sewage works that are not owned by the proponent, authorization from the owner of the natural environment or sewage works may be required. When discharging to a municipal sewer, additional approvals from the local municipality may be required.

For additional information on managing the discharge of water, visit the ministry’s Stormwater Management Planning and Design Manual.

Notifications

The pumping test design report must include a notification protocol for other water users in the area. This notification protocol is required to be implemented at least 48 hours prior to the initial start of the water taking activity. As part of the pumping test design report, it is up to the QP to identify which water users should be notified and the method of notification, such as leaving written notices.

At minimum, the notice should include:

  • a description of where the taking is to occur
  • the dates on which the water is intended to be taken
  • the approximate time and duration that the water takings will occur
  • the EASR registration number
  • the name and telephone number of a person who can be contacted to report any concerns about interference with another water supply
Records

You are required to keep a record of the following for a period of 1 year from the day it is created:

  • a copy of the pumping test design report
  • any wells from which water is being taken, including well tag numbers
  • the date and duration of each water taking
  • the rate of each water taking
  • the total volume of ground water taken per day for each water taking
  • a copy of any information or documents that demonstrate that the notification protocol included in the water taking report was implemented
  • a copy of records related to any monitoring plans, if applicable
  • record of any complaints that are received with respect to the water taking that relate to the natural environment, including:
    • the date and time the complaint was received
    • a copy of any written complaint or a summary of any non-written complaints summary of any measures that were taken to address the complaint

All documents, including the pumping test design report, must be made available to the ministry in paper or electronic format upon request.

How to comply with your registration

In addition to the operating requirements specific to your water taking activity, you will need to report complaints, report your daily water taking, ensure that your registration is up-to-date, and remove the registration once the water taking has ceased.

Complaints

If a complaint regarding the taking of water is received and relates to the natural environment, the ministry must be notified immediately.

Notification shall be to the local district office of the ministry during normal business hours and to the ministry’s Spills Action Centre after hours.

How to report your daily water takings

If you have a water taking activity registered on the EASR, you are required to keep records for the daily volumes of water taken.  The volume of water taken daily must be reported to the ministry on or before March 31 in each year, for each location from which water was taken in the previous calendar year. If no water is taken, then a “no taking” report must be entered.

Water taking reporting is completed through your My Ontario Account.

Sign in

  1. Sign-in through your My Ontario Account to access environmental permissions online services
  2. Select the Manage permissions section to access your EASR registrations

Select your water taking EASR to enter takings

The manage permissions section of your account should have 3 headings:

  • Permissions
  • Permission applications
  • Post Approval Submission (PAS).

Under the PAS section is a list of all registered Water Taking EASRs and PTTWs. A Regulatory Self-Reporting System (RSRS) submission will be automatically generated for each water taking EASR that is registered or PTTW that is issued. In cases where you have more than 1 registered water taking EASR, ensure that the Service ID # of the RSRS submission matches the correct Service ID # of the registered water taking EASR.

  1. To begin reporting your water takings, select ‘Reporting water taking’ option from the dropdown menu under the ‘Action’ column under the PAS table.

This will take you to the RSRS homepage for that Water Taking EASR. This page will list general information about that EASR and a table that lists each water taking source for that EASR. Some Water Taking EASRs have just 1 source, such as construction dewatering EASRs, while others may have multiple taking locations and or sources.

  1. To enter your water takings for a given source, click the ‘Enter Data’ button under the ‘Action’ column.

Enter your daily water taking data

  1. Select ‘Enter Data’ on the RSRS homepage.
  2. The Input Water Taking Data screen will be displayed with an excel-like table where you can enter data related to your daily water takings. 
    Numbers can be inputted manually or copy and pasted from a source document.
  3. At any time, you can make edits to your information:
  • Select on the cell you wish to make changes to
  • update the information
  • select any other cell in the table.

The table will auto save after each user input. Corrections can always be made.

The spreadsheet supports various units of measure and provides a unit converter for convenience. The final submission must be entered as Litres or converted into Litres.

Data entry rules include:

  • Do not record the number zero (0) on days when no water was taken. Leave it blank. All cells left blank will automatically be recorded as days when no water was taken.
  • Cells can hold up to 12 digits and up to 6 decimal places.
  • Decimal values must be recorded beginning with 0, such as 0.15.
  • Do not record negative values or values with a letter.
  • You can cut and paste from an existing spreadsheet, if preferred.
  1. At the bottom of the Input Water Taking Data screen, you may export your entered data as either a Microsoft Excel Spreadsheet or PDF format.
  2. Once you have entered in values for all days on which water was taken, you can click the ‘Save’ button.

  3. click ‘Go To Previous Page’.

    The system will return you to the main page of the RSRS submission.

    On the RSRS homepage, you will now see that the table listing each source has been updated as a result of the data you have entered.

    Take an opportunity to review and confirm the information is correct.

  4. If you need to make any updates, simply click the ‘Enter Data’ button next to your water taking source and edit the Water Taking Information table accordingly.

Certify and submit your water takings

  1. Select the ‘Ready to Submit’ button in the bottom right corner of the RSRS homepage.
  2. A Certify Submission pop up will appear. In this window you must agree that on all days left blank in the Water Taking Information table, no water was taken.
  3. Attest that the information provided in the submissions is complete and accurate. If the information is correct, you can click the checkbox and the ‘Submit’ button will become available.
  4. To proceed, click ‘Submit’.
  5. Once your submission has been successfully completed, click the ‘Close Window’ button to exit the pop up screen. A confirmation e-mail will be sent to the associated account.

You can make updates to RSRS submissions, even post-submission by going to the RSRS homepage and updating your records.

Ensuring your registration is up-to-date

If any information submitted at the time of registration changes, you must update it within 30 days from the day you become aware that the information is no longer current or accurate.

For example, if the estimated start date and end date of the water taking has changed due to unexpected delays, you must update the estimated start date and end date for each water taking location in the registration.

Learn more about how to update your registration.

Removing your registration once the water taking ceases

Water taking EASRs do not have expiry dates but are subject to any time limitations imposed by the regulation.

For example, pumping tests conducted under an EASR are limited to 7-day takings within a single 30-day period. The EASR registration can be completed before the pumping test, and the registration will not expire. However, once the pumping test starts, it must be completed within the time requirements in the regulation. When the pumping test is completed, the water taking that was conducted under the time requirements imposed by the regulation will stop but the EASR registration is still in effect until it is removed.

For all water taking EASR activities, if the activity is no longer being undertaken or is no longer required, then you must request a removal of your EASR from your ministry account.

The removal of your registration does not relieve you from reporting your daily water takings. You are still required to report your water takings for the previous calendar year by March 31 of each year up to the day when your registration is removed.

Learn more about how to remove your registration.

Contact us

If you have further questions about EASRs, contact the Client Services and Permissions Branch:

Appendix A: legislation and regulations

Ontario Water Resources Act, R.S.O. 1990, c. O.40

Environmental Protection Act, R.S.O. 1990, c. E.19