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ontario regulation 246/10
made under the
Clean Water Act, 2006
Made: June 15, 2010
Filed: June 17, 2010
Published on e-Laws: June 21, 2010
Printed in The Ontario Gazette: July 3, 2010
Amending O. Reg. 287/07
(General)
1.Subsection 1 (2) of Ontario Regulation 287/07 is amended by adding the following definitions:
“Great Lakes target” means a target established under section 85 of the Act; (“objectif concernant les Grands Lacs”)
“low drinking water threat” means a drinking water threat that, according to a risk assessment, poses or has the potential to pose a low risk; (“faible menace pour l’eau potable”)
“moderate drinking water threat” means a drinking water threat that, according to a risk assessment, poses or has the potential to pose a moderate risk; (“menace moyenne pour l’eau potable”)
“Niagara Escarpment Plan” means the Plan approved under the Niagara Escarpment Planning and Development Act, as amended and revised in accordance with that Act; (“Plan d’aménagement de l’escarpement du Niagara”)
“record” means information however recorded or stored, whether in printed form, on film, by electronic means or otherwise, and includes documents, minutes, correspondence, memoranda, plans, maps, drawings, photographs and films; (“dossier”)
“transport pathway” means a condition of land resulting from human activity that increases the vulnerability of a raw water supply of a drinking water system set out in clause 15 (2) (e) of the Act. (“voie de passage”)
2.(1)The Regulation is amended by adding the following section:
Prescribed instruments
1.0.1(1)The following provisions are prescribed for the purposes of the definition of “prescribed instrument” in subsection 2 (1) of the Act:
1.Section 8 of the Aggregate Resources Act, with respect to site plans included in applications for licenses.
2.Sections 11 and 13of the Aggregate Resources Act, with respect to licenses to remove aggregate from pits or quarries.
3.Section 25 of the Aggregate Resources Act, with respect to site plans accompanying applications for wayside permits.
4.Section 30 of the Aggregate Resources Act, with respect to wayside permits to operate pits or quarries.
5.Section 36 of the Aggregate Resources Act, with respect to site plans included in applications for aggregate permits.
6.Section 37 of the Aggregate Resources Act, with respect to aggregate permits to excavate aggregate or topsoil.
7.Section 39 of the Environmental Protection Act, with respect to certificates of approval or provisional certificates of approval issued by the Director for the use, operation, establishment, alteration, enlargement or extension of waste disposal sites or waste management systems.
8.Section 47.5 of the Environmental Protection Act, with respect to renewable energy approvals issued or renewed by the Director.
9.Section 10 of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002, with respect to nutrient management strategies.
10.Section 14 of Ontario Regulation 267/03, with respect to nutrient management plans.
11.Section 28 of Ontario Regulation 267/03, with respect to approvals of nutrient management strategies or nutrient management plans.
12.Section 34 of the Ontario Water Resources Act, with respect to permits to take water.
13.Section 53 of the Ontario Water Resources Act, with respect to approvals to establish, alter, extend or replace new or existing sewage works.
14.Sections 7 and 11 of the Pesticides Act, with respect to permits for land exterminations, structural exterminations and water exterminations issued by the Director.
15.Section 40 of the Safe Drinking Water Act, 2002, with respect to drinking water works permits issued by the Director.
16.Section 44 of the Safe Drinking Water Act, 2002, with respect to municipal drinking water licences issued by the Director.
(2)Despite subsection (1), for the purposes of subsection 44 (2) of the Act, every provision of every Act or regulation that authorizes the issuance or creation of an instrument is prescribed for the purposes of the definition of “prescribed instrument” in subsection 2 (1) of the Act.
(2)Subsection 1.0.1 (1) of the Regulation, as made by subsection (1), is amended by adding the following paragraph:
13.1Section 15.2 of Ontario Regulation 267/03, with respect to NASM plans.
(3)Paragraph 12 of subsection 1.0.1 (1) of the Regulation, as made by subsection (1), is amended by striking out “Section 34” and substituting “Section 34.1”.
3.The heading before section 2 of the Regulation is revoked and the following substituted:
Preparation, Approval and Amendment of Terms of Reference
4.Subsections 7 (3) and (4) of the Regulation are revoked and the following substituted:
(3)The source protection committee shall submit the proposed terms of reference to the source protection authority and take the other steps that are required to comply with section 9 of the Act not later than 12 months after the appointment of the first chair of the source protection committee.
5.Subsections 8 (2) and (3) of the Regulation are revoked and the following substituted:
(2)The source protection authority shall submit the proposed terms of reference to the Minister and take the other steps that are required to comply with subsection 10 (1) of the Act not later than 14 months after the appointment of the first chair of the source protection committee.
6.The heading before section 11 of the Regulation is revoked and the following substituted:
Preparation, Approval and Updating of Assessment Reports
7.(1)The French version of subsection 11 (1) of the Regulation is revoked and the following substituted:
Dossiers
(1)Le comité de protection des sources conserve chaque dossier qu'il crée ou acquiert aux fins de la préparation ou de la mise à jour d'un rapport d'évaluation pendant les 15 années suivant celle des dates suivantes qui est postérieure à l'autre :
1.La date de création ou d'acquisition du dossier.
2.La date à laquelle le directeur approuve le rapport d'évaluation en application de l'article 17 ou 19 de la Loi.
(2)Subsection 11 (2) of the Regulation is revoked.
8.Section 12 of the Regulation is revoked and the following substituted:
Form
12.(1)If the Director approves a form to be used for assessment reports, an assessment report shall be in that form.
(2)If the Director provides the source protection committee with computer software or directs the committee to use a specified computer software for the purpose of preparing an assessment report, the report shall be prepared using the software.
9.Subsection 13 (2) of the Regulation is revoked.
10.(1)Subclause 15 (2) (c) (iii) of the Regulation is revoked and the following substituted:
(iii)every person who the source protection committee believes could be engaging in one or more activities that are or would be significant drinking water threats according to the information contained in the draft of the proposed assessment report under clauses 15 (2) (g) and (h) of the Act,
(2)Section 15 of the Regulation is amended by adding the following subsection:
(3.1)When a copy of a notice is given to a person under subclause (2) (c) (iii), the source protection committee shall, at the same time, specify in writing that the committee is giving the person the notice because the committee believes the person could be engaging in one or more activities that are or would be significant drinking water threats according to the information contained in the draft of the proposed assessment report under clauses 15 (2) (g) and (h) of the Act and,
(a)specify those activities in writing; or
(b)provide a complete or partial list of activities listed in the draft of the proposed assessment report under clause 15 (2) (g) of the Act.
11.Subsection 17 (2) of the Regulation is revoked and the following substituted:
(2)The source protection authority shall submit the proposed assessment report to the Director and take the other steps that are required to comply with subsection 17 (1) of the Act by a date that is not later than the first anniversary of the date that notice of the approval of the terms of reference is published under section 11 of the Act.
12.The heading before section 19 and sections 19 to 23 of the Regulation are revoked and the following substituted:
Preparation, Approval and Amendment of Source Protection Plans
Notice when preparation begins
19.(1)When the source protection committee begins preparation of a source protection plan for a source protection area, the committee shall give notice to,
(a)the clerk of each municipality in which any part of the source protection area is located;
(b)if any part of the reserve of a band is included in the source protection area, the chief of the band;
(c)if any part of the area of the Niagara Escarpment Plan is located in the source protection area, the chair of the Niagara Escarpment Commission;
(d)if a planning board has jurisdiction in any part of the source protection area, the secretary-treasurer of the planning board; and
(e)every person who the source protection committee believes could be engaging in one or more activities that are or would be significant drinking water threats in the source protection area, according to the information contained in the assessment report under clauses 15 (2) (g) and (h) of the Act.
(2)The source protection committee shall, at the same time a notice is given to a person under clause (1) (e),
(a)specify in writing that the source protection committee is giving the person the notice because the committee believes the person could be engaging in one or more activities that are or would be significant drinking water threats according to the information contained in the assessment report under clauses 15 (2) (g) and (h) of the Act and,
(i)specify those activities in writing, or
(ii)provide a complete or partial list of activities listed in the assessment report under clause 15 (2) (g) of the Act;
(b)specify in writing that the source protection plan will contain policies that may affect the manner in which an activity referred to in clause (a) is engaged in; and
(c)specify in writing that if the person is engaging in an activity that is regulated by a prescribed instrument, the person is requested to advise the source protection committee of the number, if any, of the prescribed instrument and a description of the provisions of the prescribed instrument that regulate the activity.
Records
20.A source protection committee shall retain every record that it creates or acquires for the purpose of preparing or amending a source protection plan for a period of 15 years after the later of the following dates:
1.The date the record is created or acquired.
2.The date the source protection plan is approved by the Minister under section 29 of the Act.
Form
21.(1)If the Director approves a form to be used for source protection plans, a source protection plan shall be in that form.
(2)If the Director provides the source protection committee with computer software or directs the committee to use a specified computer software for the purpose of preparing a source protection plan, the plan shall be prepared using the software.
Objectives
22.(1)Every source protection plan shall set out the following as objectives of the plan:
1.To protect existing and future drinking water sources in the source protection area.
2.To ensure that, for every area identified in an assessment report as an area where an activity is or would be a significant drinking water threat,
i.the activity never becomes a significant drinking water threat, or
ii.if the activity is occurring when the source protection plan takes effect, the activity ceases to be a significant drinking water threat.
(2)If a source protection plan sets out policies relating to conditions resulting from past activities, the plan shall set out that an objective of the plan is to ensure that for every area identified in the assessment report as an area where a condition that results from a past activity is a significant drinking water threat, the condition ceases to be a significant drinking water threat.
(3)If, under subsection 85 (6) of the Act, the Minister has directed that a report be prepared and submitted that recommends policies that should be set out in the source protection plan for the source protection area to assist in achieving a Great Lakes target, the plan shall set out that an objective of the plan is to achieve the target for the source protection area.
(4)No objectives other than the objectives set out in subsections (1) to (3) shall be contained in a source protection plan.
Designated activities, ss. 56 to 58 of the Act
23.(1)The activities set out in paragraphs 1 to 21 of subsection 1.1 (1) of this Regulation are prescribed for the purposes of subsection 22 (9) and clause 56 (1) (a) of the Act.
(2)Despite subsection (1), the establishment, operation or maintenance of a waste disposal site within the meaning of Part V of the Environmental Protection Act is not an activity prescribed for the purposes of subsection 22 (9) and clause 56 (1) (a) of the Clean Water Act, 2006 if a certificate of approval or a provisional certificate of approval is required under Part V of the Environmental Protection Act for the establishment, operation or maintenance of the waste disposal site.
(3)Despite subsection (1), the establishment, operation or maintenance of a system that collects, stores, transmits, treats or disposes of sewage is not an activity prescribed for the purposes of subsection 22 (9) and clause 56 (1) (a) of the Act if,
(a)an approval for the system is required under section 53 of the Ontario Water Resources Act; or
(b)the Building Code Act, 1992 applies to the system.
(4)An activity identified as a drinking water threat in an assessment report in accordance with Rule 119 of the rules made by the Director under section 107 of the Act, as amended from time to time, is prescribed for the purposes of subsection 22 (9) and clause 56 (1) (a) of the Act.
Prohibiting existing activities
24.An activity that is occurring when a source protection plan takes effect shall not be designated under paragraph 1 of subsection 22 (3) of the Act unless the source protection committee is of the opinion that the activity must be prohibited in order to ensure that it ceases to be a significant drinking water threat.
Designated land uses, s. 59 of the Act
25.(1)If a source protection plan designates an area under paragraph 3 of subsection 22 (3) of the Act, the following land uses are prescribed for the purposes of clause 22 (12) (a) of the Act:
1.Land uses described in a zoning by-law that applies to the municipality in which the designated area is located.
2.Land uses described in an official plan that is in effect in the municipality in which the designated area is located.
3.Land uses described in a zoning by-law that applies to a planning area or a part of a planning area that consists solely of territory without municipal organization if the designated area is located in any portion of that planning area or that part of the planning area.
4.Land uses described in an official plan that is in effect in a planning area or a part of a planning area that consists solely of territory without municipal organization if the designated area is located in any portion of that planning area or that part of the planning area.
(2)For the purposes of this section,
“planning area” means a planning area defined under section 9 or 10 of the Planning Act.
Contents of source protection plan, policies
26.For the purposes of paragraph 3 of subsection 22 (6) of the Act, a source protection plan may set out the following:
1.Policies that, with respect to drinking water threats identified in the assessment report or Great Lakes targets,
i.establish stewardship programs,
ii.specify and promote best management practices,
iii.establish pilot programs,
iv.govern research, or
v.specify the actions to be taken to implement the source protection plan or to achieve the plan’s objectives.
2.Policies with respect to drinking water threats identified in the assessment report or Great Lakes targets that are for the purposes of clause 39 (1) (b) of the Act.
3.Policies with respect to drinking water threats identified in the assessment report or Great Lakes targets that are for the purposes of clause 39 (7) (b) of the Act.
4.Policies governing incentive programs and education and outreach programs, pursuant to subsection 22 (7) of the Act, with respect to drinking water systems in the source protection area that are not set out in clause 15 (2) (e) of the Act.
5.Policies specifying the actions to be taken by persons or bodies in the source protection area to ensure that data on the climate conditions in the area is gathered on an ongoing basis, including data related to precipitation, streamflow, temperature, evapotranspiration and solar radiation.
6.Policies specifying the actions to be taken by persons or bodies to update spill prevention and spill contingency plans or emergency response plans for the purpose of protecting existing drinking water sources with respect to spills that occur within a wellhead protection area or surface water intake protection zone along highways, as defined in subsection 1 (1) of the Highway Traffic Act, railway lines or shipping lanes.
Contents of source protection plan, transport pathways policies
27.(1)A source protection plan may set out policies described in subsection (2) or subsection 22 (7) of the Act that are intended to ensure,
(a)that any drinking water threat in the vicinity of a transport pathway ceases to be or will not become a significant drinking water threat; or
(b)that the transport pathway ceases to endanger the raw water supply of a drinking water system set out in clause 15 (2) (e) of the Act.
(2)For the purposes of subsection (1), the policies may,
(a)establish stewardship programs;
(b)specify and promote best management practices;
(c)establish pilot programs;
(d)govern research; or
(e)specify the actions to be taken to implement the source protection plan or to achieve the plan’s objectives.
(3)If a person applies to a municipality for approval of a proposal to engage in an activity in a wellhead protection area or a surface water intake protection zone that may result in the creation of a new transport pathway or the modification of an existing transport pathway, the municipality shall give the source protection authority and the source protection committee notice of the proposal and shall include a description of the proposal, the identity of the person responsible for the proposal and a description of the approvals the person requires to engage in the proposed activity.
(4)If a municipality gives a notice described in subsection (3), the municipality shall give a copy of the notice to the person responsible for the proposal.
Contents of source protection plan, summary of consultations
28.For the purposes of paragraph 8 of subsection 22 (2) of the Act, a source protection planshall set out the following:
1.A summary of all consultation activities undertaken by the source protection committee during the preparation of the terms of reference.
2.A summary of all consultation activities undertaken by the source protection committee during the preparation of the assessment report.
3.A summary of all consultation activities undertaken by the source protection committee during the preparation of the source protection plan.
Contents of source protection plan, other
29.A source protection committee may include in a source protection plan anything that, in the opinion of the committee, will assist in understanding the plan.