Proposed changes to provide flexibility for water taking activities

The Ministry of the Environment, Conservation and Parks (ministry) concluded public consultation on the proposed amendments to Ontario Regulation 387/04 (Water Taking and Transfer), which was held from July 2 to August 1, 2025.

The proposal received 3,343 comments. Of these, 151 were received through the Environmental Registry of Ontario (ERO), 21 were submitted by email, and 3,171 were generated through organized letter writing campaigns. Comments were received from municipalities, conservation authorities, businesses, environmental organizations, an Indigenous governance structure, local politicians and individual members of the public.

The ministry carefully reviewed all feedback received during the public consultation period. The comments submitted in response to the proposal reflected several key themes, including:

• permits should not be automatically transferable,
• concerns about reduced transparency and oversight,
• environmental risks from outdated information, and
• Duty to Consult concerns with Indigenous communities.

Permits should not be automatically transferable:

Comments received:

Concerns were raised that the proposal would make PTTWs automatically transferable, and recommendations were made that new owners should be required to apply for a new permit. Commenters recommended that permits should be tied to the permit holder, not the activity, and felt that a change in ownership could introduce new risks, such as changes in water use, facility operations or environmental impacts that the original permit did not account for. Commenters also emphasized that water is a shared public resource and should not be a commodity.

Ministry response:

The changes do not authorize a PTTW to be automatically transferred. The OWRA states that a permit cannot be transferred to another person unless the Director’s consent is obtained, and the proposed changes will not alter this provision.

The changes streamline the process to obtain a PTTW, if a previous permit has been cancelled, revoked, or expired within the last year. Under this streamlined process, an applicant can apply to renew a cancelled or revoked permit up to the original expiry date of the prior permit, as long as the renewed takings are the same as previously approved takings. The regulatory changes also allow an applicant to apply to renew an expired permit and allows the Director to issue an interim permit to continue the previously approved water takings for up to one year while the application for a longer-term renewal is being considered.

The ministry routinely processes ownership changes for a range of environmental permissions. The ministry will continue to review and assess permit applications, including ownership change requests, to confirm compliance with ministry requirements and permit conditions as well as any Duty to Consult or public consultation requirements, prior to making a decision on permits.

Concerns about reduced transparency and oversight

Comments received:

Concerns were raised that the proposed streamlined process for PTTWs could reduce transparency and remove opportunities for local and Indigenous input. The main concerns expressed include perceived reduction in engagement with the public and Indigenous communities and in the role of the municipality.

Ministry response:

Under this streamlined process, an applicant can apply to renew a cancelled or revoked permit up to the original expiry date of the prior permit, as long as the renewed takings are the same as previously approved takings. The regulatory changes also allow an applicant to apply to renew an expired permit and allows the Director to issue an interim permit to continue the previously approved water takings for up to one year while the application for a longer-term renewal is being considered.

Before issuing any permits, the ministry will continue to consider any consultation requirements, including the Duty to Consult with Indigenous communities.

Environmental risks from outdated information

Comments received:

The comments received expressed concerns that renewals could be based on information that is outdated and could result in risks to the environment. Commenters also stated that updated hydrological data, evolving scientific knowledge, and the new owner's environmental and financial track record should be reviewed before a permit is issued.

Ministry response:

Under this streamlined process, the Director will continue to consider any relevant information available in deciding whether to renew a permit or issue an interim permit and retains the ability to ask proponents for updated studies or information as needed.

Duty to Consult Concerns with Indigenous Communities

Comments received:

Concerns were also raised that the proposed regulatory change would impact the government’s constitutional Duty to Consult with Indigenous communities, reduce opportunities for Indigenous engagement and impact Indigenous rights and culturally significant sites.

Ministry response:

The ministry will continue to consider any Duty to Consult requirements prior to making a decision on permits.

Clarification on Regulatory Amendments

After a comprehensive review of public feedback, the ministry found that some people may have misunderstood the intent and scope of the regulatory amendment.

To clarify, the regulation only allows a streamlined process for specific water-taking permits. This streamlined process can only be used if the following conditions are met:

• the application must be for a taking that had been previously occurring under a PTTW that had been issued by the ministry
• the proponent must submit the application within one year of the cancellation, expiry or revocation of the permit
• the proposed taking of water must be from the same location and for the same amount or less as was approved under the previously issued permit to take water
• the proposed taking of water must be for the same purpose as imposed under the previously issued PTTW
• this permit would allow water taking for the same purpose and location while the renewal is being reviewed

The ministry will continue to review permit applications to confirm that they meet ministry requirements, including public and Indigenous consultation requirements, where applicable, and will consider any related compliance concerns.

These changes aim to enhance administrative efficiency when renewing previously approved water-taking permits while maintaining environmental protections.