Accelerating and improving protections for Ontario’s drinking water sources

Ontario is committed to ensuring that existing and future sources of drinking water are protected from contamination and depletion through the Clean Water Act, 2006 (CWA) and its regulations.

The ministry is proposing minor amendments to the Clean Water Act, 2006 to streamline the way sources of drinking water are protected.

A key focus of the Clean Water Act is the preparation of a locally developed source protection plan for each of the 38 source protection areas, supported by 19 multi-stakeholder source protection committees across the province representing business, public, municipal and Indigenous interests.

Since 2015, all source protection plans for the 38 source protection areas established under the Act have been thoroughly reviewed and approved by the Ministry of the Environment, Conservation and Parks. Amendments to source protection plans are sometimes needed—most often when expanding an existing municipal drinking water system to service a new development by adding a new well or intake. Less commonly, a new municipal drinking water system may be established for a new residential development, which also requires a new well or intake to supply drinking water.

The process to amend a source protection plan is lengthy and contains duplicative processes, causing unnecessary delays and hindering rapid protection.

There are generally four phases involved in amending a source protection plan, which includes:

1. Detailed technical work to determine protection zones and identification of threats to sources of drinking water.
2. Development of source protection plan policies to address threats.
3. Consultation with those responsible for implementing policies and broader consultation.
4. The Minister of the Environment, Conservation and Parks approving the plan.

The current process takes approximately 21 months to complete.

The source protection plans include both a science-based assessment report and locally developed policies. The assessment report identifies vulnerable areas and the activities that may contaminate or deplete a source of drinking water.

Source protection plans can draw on a broad range of tools to manage activities that are identified as significant drinking water threats (for example fuel storage). A policy that governs an activity that has been identified in an assessment report as a significant drinking water threat is called a “significant threat policy” under the CWA. A significant threat policy can rely on the legal effect provisions of Part III of the CWA which decisions under the Planning Act must conform or significant threat policies to which decisions to issue, otherwise create, or amend a prescribed instrument must conform. These policies are generally of two types – they may require the prescribed instrument decision-maker to prohibit the activity from being engaged in at that location or require that activity be managed through provisions of the instrument so that it ceases to be or never becomes a significant drinking water threat (i.e., to “manage” the threat).

“Prescribed instruments” are generally approvals issued by the province and can govern significant drinking water threat activities. O. Reg. 287/07 sets out the list of “prescribed instruments”. In some cases, a prescribed instrument is created by the person engaged in the activity such as certain instruments under the Nutrient Management Act – for example a nutrient management plan.

We are proposing to adjust the steps required to complete an amendment in a way that recognizes the maturity of the program and the comprehensive protection already in place for Ontario’s 38 source protection areas.

The proposed amendments to the Act would support more timely approvals by easing unnecessary burden on municipalities seeking to provide water service to new development in a timely manner, while continuing to ensure safeguards remain in place to protect drinking water sources.

The government is committed to maintaining a high standard of protection for drinking water sources, while:

• allowing local source protection authorities to approve certain routine updates to source protection plans
• setting clear timelines for approvals by the Minister of source protection plan amendments
• changing how policies affecting “prescribed instruments” (such as approvals, permits and licences) are used to manage risks to drinking water

Proposed amendments

The Building a More Competitive Economy Act, 2025 is proposing to make amendments to the Clean Water Act, 2006 once proclaimed.

Details of proposed amendments

Proposed changes to Clean Water Act, 2006 would:

• enable source protection authorities to be the approval authority for source protection plan amendments under section 34 of the Act, in circumstances prescribed by regulation
  • the proposed changes to the CWA would create the authority to make amendments to O. Reg. 287/07 in order to support the approvals of source protection plan amendments by a source protection authority —such as requiring the Ministry of the Environment Conservation and Parks (MECP) Director’s approval of amendments to the assessment report before the authority approves a proposed amendment
  • the source protection authority would provide notice of the approved source protection plan amendment to certain persons or bodies, along with other required information regarding the amendment, as specified by regulation
  • the approved source protection plan amendment and notice of approval would be required to be posted on the source protection authority’s website
• where Minister’s approval of source protection plan amendments continues to be required, the proposed amendment to the CWA would give the Minister 120 days to exercise one of the options given to the Minister when approving an amendment to a source protection plan. If none of these options are exercised by the Minister within 120 days of submission of the proposed amendment by the source protection authority, the amendments are deemed to be approved by the Minister
  • under the proposed changes to the CWA, the 120-day period will begin when the source protection authority submits the amendments for approval, after they have received a written statement from the MECP Director that their amendment package is considered complete and accurate
  • the Minister may require the source protection authority to conduct additional consultation on the proposed amendment and/or revise the proposed amendment and re-submit it to the Minister. The 120-day period will begin again upon re-submission of the proposed amendment and if the Minister does not exercise an option given to the Minister when approving an amendment to a source protection plan then the proposed amendment is deemed to be approved
  • as soon as possible after the amendment is deemed approved, the Minister would publish a notice of the approval on the environmental registry, as is the current practice for plan approvals
  • proposed changes to the CWA also establishes new regulation-making authority to prescribe the documents and information required to be included by the source protection authority with a proposed plan amendments to constitute a complete submission
• change how policies affecting “prescribed instruments” (e.g., approvals, permits and licences) can be used to manage risks to drinking water
  • the proposed amendments to the CWA would specify only two types of policies affecting decisions on prescribed instruments that could be included in plans:

1. Policies to prohibit activities that are not being engaged in at the time the proposed amendment to the plan takes effect (i.e., future activities), and
2. Policies requiring the prescribed instrument decision maker to ensure their decision is designed to achieve the objectives of ensuring that the activity never becomes or ceases to be a significant drinking water threat (i.e., to “manage” the threat).

Currently there are no such limits on the content of prescribed instrument policies – they could prescribe the management measures that had to be incorporated into a prescribed instrument rather than leaving this decision to the prescribed instrument decision-maker

• further, the proposed changes to the CWA would also mean a prescribed instrument policy would no longer be any of the following:
  • policies prohibiting an activity that was being engaged in before a source protection plan amendment takes effect (“existing activities”)
    • policies that require decisions on prescribed instruments to conform with designated Great Lakes policies, (there are no designated Great Lake policies in a source protection plan because no Great Lakes target has been set under the CWA)
    • moderate and low threat policies affecting decisions on prescribed instruments
  • proposed changes would enable the standardization of the wording in source protection plan policies affecting prescribed instruments. The changes would also enable regulations to set out requirements for the issuer/creator of the instrument to document and report on how they have conformed with applicable prescribed instrument policies (e.g., how the instrument manages the significant drinking water threat). This will lead to increased transparency, consistency and clarity on decision making
  • there would be regulation-making authority to have source protection authorities amend their plans to remove and replace the prescribed instrument policies that are no longer permitted to be included in source protection plans and to remove the policies that are no longer necessary or advisable due to any new requirements to report on decisions regarding prescribed instruments (these are often designated as “monitoring policies” in a source protection plan)
  • the Minister would maintain their ability to advise and request a person to make an amendment to a prescribed instrument or take other steps, should the Minister believe there is non-compliance
  • under the proposed changes to the CWA review of existing prescribed instruments will be standardized. When a source protection plan is amended (for example, when a new vulnerable area is delineated), and the plan includes a prescribed instrument policy to “manage a significant drinking water threat”, existing instruments affected by the amendments would be required to be reviewed to consider whether amendments to the instrument are required to manage the risks to sources of drinking water. A timeline for when this review must be completed would be outlined in regulation

Analysis of the regulatory impact

Ontario is facing a housing shortage, and more infrastructure will be required to meet rising residential development needs. This will result in many source protection plan amendments, a high workload and wait times for water to be available to residential developments.

The proposal would save source protection authorities, municipalities, developers, ministries, communities, and businesses time and money and reduce red tape for key sectors such as housing development and infrastructure.

The changes would allow for source protection plans to be updated faster and more efficiently by consulting with the right people at the right time and reducing plan approvals by up to 12 months.

We expect that there will be some minor one-time administrative costs to source protection authorities to support staff in learning about and understanding the proposed legislative changes. By implementing streamlining procedures, we anticipate there may be some cost savings for source protection authorities in the long-term, through standardization of certain policies, fewer plan submissions to the ministry for approval and a more efficient consultation process.

Through this posting, we welcome comments on anticipated benefits or costs to better help the Ministry understand the real costs or cost savings associated with these proposed changes.