Waterpower, from a small run…

Waterpower, from a small run of river weir, is the most green energy possible as it is producing 24/7, unlike the intermittent power from wind or solar power. Existing water-powered sites are grandfathered contrary to the belief of many government agents. Water power built Ontario through the use of saw mills, grist mills and flour mills. There are many old mills in Ontario that have been repurposed for water power - green energy. These mills were given rights to use the water in their "mill privilege" and deeds and these rights are being threatened by bureaucrats in various government offices such as the MOECC through permit demands and the demand to have authority to control the use of the water flow. These rights to use the water are inherited with the property and have not been returned to government control. The government is opening themselves up to a tort of nuisance when they continue to demand compliance through Provincial Offences Orders and Charges.

Firstly, Existing sites and their "occupied water privilege" under LRIA section 6 (90,91) shall not be interfered with.

Secondly, The Beds of Navigable Waters Act Chapter 40 states,
2. Section 1 does not affect the rights, if any, of a grantee from the Crown or of a person claiming under him, where such rights were, previous to the 24th day of March, 1911, determined by a court of competent jurisdiction in accordance with the rules of the English Common Law, or of a grantee from the Crown, or of a person claiming under him who establishes to the satisfaction of the Lieutenant Governor that he or any person under whom he claims has, previous to the 24th day or March, 1911, developed a water power or powers under the bona fide belief that he had the legal rights to do so, provided that he may be required by the Lieutenant Governor in Council to develop such power or powers to the fullest possible extent and provided that the price charged for power derived from such water power or powers may from time to time be fixed by the Lieutenant Governor in Council and the Lieutenant Governor in Council may direct that letters patent granting such rights be issued to such grantee or person claiming under him under and subject to such conditions and provisions as are considered proper for insuring the full development of such water power or powers and the regulation of the price to be charged for power derived from them. R.S.O. 1970, c 41, s 2. Also R.S.O. 1990

Thirdly:
1914 c129 Water Privileges Act
A judge has the authority after 1914 to set the size of pond and depth and height.

This would exclude any government from having authority over privately operated water powered sites as long as the site is operated in such a way that either an upstream or downstream mill or riparian owner does not have access to water.

LRIA still applies to construction in or near the river.

Government overreach through regulatory approvals for this type of green energy is vexatious and destroys the entrepreneurial spirit of the men and women who create jobs and innovation in the province. Please consider removing all demands for Permit to Take Water from old mill sites producing green energy. This has been recommended by the Ontario Water Power Association since 2003. For the good of Ontarians I submit this is renewable, sustainable and environmentally friendly.