Update Announcement
This proposal notice was updated on April 07, 2026 to advise the public that this file is still under active review. The ministry is reviewing the comments it has received to date. The original proposal date and comment period have not been altered.
This consultation was open from:
May 2, 2023
to June 1, 2023
Decision summary
Permit to Take Water No. P-300-6225762096 has been issued to Ontario Graphite, Ltd. The application was for a renewal of Permit to Take Water No. 1213-933SR9 for dewatering and industrial purposes. Water will be taken from Graphite Lake, an open pit and groundwater cut-off trench, located in Kearney, Ontario.
Location details
Site address
2142 Forestry Tower Road
Kearney,
ON
Canada
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
Ontario Graphite, Ltd.
2142 Forestry Tower Road
Kearney,
ON
P0A 1M0
Canada
Decision details
Permit to Take Water No. P-300-6225762096 has been issued to Ontario Graphite, Ltd. The application was for a renewal of Permit to Take Water No. 1213-933SR9 for dewatering and industrial purposes. Water will be taken from Graphite Lake, an open pit and groundwater cut-off trench, located in Kearney, Ontario. Details of the water taking are as follows:
Source name: Graphite Lake
- purpose of taking: mining
- maximum rate per minute (litres): 4,167
- maximum number of hours of taking per day: 24
- maximum volume per day (litres): 6,000,000
- maximum number of days of taking per year: 365
- period of taking: January 1 to December 31 for 10 years
Source name: Mill Yard Cut-Off Trench
- purpose of taking: mining
- maximum rate per minute (litres): 1,910
- maximum number of hours of taking per day: 24
- maximum volume per day (litres): 2,750,000
- maximum number of days of taking per year: 365
- period of taking: January 1 to December 31 for 10 years
Source name: Open Pit
- purpose of taking: dewatering
- maximum rate per minute (litres): 2,778
- maximum number of hours of taking per day: 24
- maximum volume per day (litres): 4,000,000
- maximum number of days of taking per year: 365
- period of taking: January 1 to December 31 for 10 years
Issued Permits to Take Water can be viewed and downloaded at Access Ontario, by searching the approval number, P-300-6225762096, in the search field located at the top of the map, see "I want to...Search by Approval Number", here: Access Environment
Access Environment displays the following information:
- business name
- facility address and location on an interactive map
- type of approval or registration from the ministry (view a PDF copy)
- date of issue
- status of the approval (approved, amended, revoked and/or replaced)
- status of the registration (registered, suspended, removed)
Effects of consultation
Comments relevant to the water taking proposal were considered as part of the review of the application. The main concerns raised were regarding the following:
- The purpose of the water takings
- Effects of the water takings on area groundwater levels and aquifers
- Effects of the water takings to water quantity and flow in area surface waters and associated potential impacts to aquatic environments
- Potential impacts to water quality in area surface waters and receiving environment resulting from discharge and site water management
- Site closure planning and financial assurance
This PTTW renews certain activities authorized by PTTW No. 1213-933SR9, including water takings from an Open Pit for water management and dewatering purposes, water takings from a cut-off trench for groundwater remediation purposes, and takings from Graphite Lake to support process water requirements for mining activities.
The PTTW includes several conditions to monitor for and mitigate potential adverse impacts of the water takings to area surface water quantity (flow and water levels). The Permit Holder is required to carry out a comprehensive hydrological monitoring plan, involving monitoring of water levels in Graphite Lake, and stream flow in the outlet of Graphite Lake (upstream of Little North Magnetawan River) and a tributary to Magnetawan River. Prior to water takings from Graphite Lake, the Permit Holder must carry out additional monitoring and analysis of Graphite Lake water levels and outlet flow to characterize baseline conditions so that potential effects can be identified and mitigated. The Permit prohibits water takings from Graphite Lake if lake water levels are below an established low water threshold and stipulates that all water takings be carried out in such a matter that streamflow is not stopped nor reduced to a rate that will cause interference with downstream uses of water or with natural stream functions.
The monitoring plan also includes groundwater monitoring to assess the effects of open pit dewatering on the groundwater levels. If the Permit Holder intends to dewater below a certain elevation, they must apply to amend this Permit and submit a hydrogeological study prepared by a Qualified Person, assessing effects of dewatering to local groundwater and surface water and providing recommended mitigation measures to address impacts.
The Permit Holder must submit annual monitoring reports to the ministry summarizing and interpreting all monitoring data collected under the conditions of this Permit. The Permit authorizes discharge of open pit dewatering water to Graphite if strict effluent discharge criteria based on applicable water quality guidelines and objectives for the protection of freshwater aquatic life are met. The Permit Holder must monitor, sample and analyze open pit water quality before and regularly throughout the discharge activity to ensure that discharge criteria are met. Water quality monitoring results must be submitted to the ministry on a weekly basis during discharge to ensure close ministry oversight and frequent compliance evaluation. If criteria for discharge of open pit water to Graphite Lake are not met, direct discharge to Graphite Lake must not occur, and instead open pit dewatering water must be treated and managed in accordance with the site’s existing Environmental Compliance Approval (ECA No. 2876-B3AQTS). The management, treatment and discharge of all other site water is regulated under ECA No. 2876-B3AQTS.
Closure planning and financial assurance are outside the scope of PTTW and are the subject of other regulatory instruments. The Permit does not relieve any obligations for the Permit Holder to comply with any other applicable legal requirements. The PTTW is issued with a standard condition that ensures if the taking of water is observed to cause any negative impact or interference with other applicable water users, the Permit Holder is responsible for both short and long-term reparations to those affected. Additionally, the ministry is committed to environmental monitoring and reporting to track water taking progress over time and undertaking compliance and enforcement actions to ensure consistency with environmental laws. In the event that significant environmental harm is caused, the ministry will work to ensure that the environment is rehabilitated to the extent feasible.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
40 St. Clair Avenue West
Floor 2
Toronto,
ON
M4V 1M2
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from October 9, 2026 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
Start the process to appeal
If you’re an Ontario resident, you can start the process to appeal this instrument decision.
First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.
If the appellate body grants leave, the appeal itself will follow.
Seek leave to appeal
To seek leave to appeal, you need to do these three things:
- prepare your application
- provide notice to the minister
- mail your application to three parties
1. Prepare your application
You’ll need to prepare an application. You may wish to include the following things in your application:
- A document that includes:
- your name, phone number, fax number (if any), and/or email address
- the ERO number and ministry reference number (located on this page)
- a statement about whether you are a resident in Ontario
- your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
- the parts of the instrument that you’re challenging
- whether the decision could result in significant harm to the environment
- the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
- the grounds (facts) you’ll be using to appeal
- the outcome you’d like to see
- A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
- Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered
The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:
- is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
- could the decision you wish to appeal result in significant harm to the environment?
2. Provide your notice
You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.
In your notice, please include a brief description of the:
- decision that you wish to appeal
- grounds for granting leave to appeal
You can provide notice by email at minister.mecp@ontario.ca or by mail at:
College Park 5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3
3. Mail your application
You’ll need to mail your application that you prepared in step #1 to each of these three parties:
- appellate body
- issuing authority (the ministry official who issued the instrument)
- proponent (the company or individual to whom the instrument was issued)
Ontario Graphite, Ltd.
2142 Forestry Tower Road
Kearney,
ON
P0A 1M0
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
Include the following:
This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.
Connect with us
Contact
Client Services and Permissions Branch
40 St. Clair Avenue West
Floor 2
Toronto,
ON
M4V 1M2
Canada
Original proposal
Proposal details
This proposal is for a renewal of Permit to Take Water No. 1213-933SR9 for mining, dewatering and water supply purposes. Water will be taken from one lake, two ponds and two wells at the Kearney Mine, located in Kearney, Ontario. Details of the water taking are as follows:
Source name: Graphite Lake
- purpose of taking: mining
- paximum rate per minute (litres): 4,167
- paximum number of hours of taking per day: 24
- paximum volume per day (litres): 6,000,000
- paximum number of days of taking per year: 365
- period of taking: January 1 to December 31 for 10 years
Source name: Polishing Pond
- purpose of taking: mining
- maximum rate per minute (litres): 512
- maximum number of hours of taking per day: 24
- maximum volume per day (litres): 737,000
- maximum number of days of taking per year: 365
- period of taking: January 1 to December 31 for 10 years
Source name: Unnamed Creek Reporting to Polishing Pond
- purpose of taking: construction dewatering
- maximum rate per minute (litres): 4,167
- maximum number of hours of taking per day: 24
- maximum volume per day (litres): 6,000,000
- maximum number of days of taking per year: 365
- period of taking: January 1 to December 31 for 10 years
Source name: Unnamed Creek Reporting to Polishing Pond
- purpose of taking: water supply
- maximum rate per minute (litres): 9,028
- maximum number of hours of taking per day: 24
- maximum volume per day (litres): 13,000,000
- maximum number of days of taking per year: 92
- period of taking: January 1 to December 31 for 10 years
Source name: Unnamed Creek Reporting to Polishing Pond
- purpose of taking: water supply
- maximum rate per minute (litres): 6,944
- maximum number of hours of taking per day: 24
- maximum volume per day (litres): 10,000,000
- maximum number of days of taking per year: 61
- period of taking: January 1 to December 31 for 10 years
Source name: Open Pit
- purpose of taking: dewatering
- maximum rate per minute (litres): 2,778
- maximum number of hours of taking per day: 24
- maximum volume per day (litres): 4,000,000
- maximum number of days of taking per year: 365
- period of taking: January 1 to December 31 for 10 years
Source name: Mill Yard Cut-Off Trench
- purpose of taking: mining
- maximum rate per minute (litres): 1,910
- maximum number of hours of taking per day: 24
- maximum volume per day (litres): 2,750,000
- maximum number of days of taking per year: 365
- period of taking: January 1 to December 31 for 10 years
Source name: Mill Yard Cut-Off Trench
- purpose of taking: construction dewatering
- maximum rate per minute (litres): 960
- maximum number of hours of taking per day: 24
- maximum volume per day (litres): 1,382,000
- maximum number of days of taking per year: 61
- period of taking: January 1 to December 31 for 10 years
There are 3 categories of a Permit to Take Water:
- Category 1: water takings are anticipated to have a lower risk of causing an unacceptable environmental impact/interference
- Category 2: water takings are anticipated to having a higher potential of causing unacceptable environmental impact or interference
- Category 3: water takings are anticipated to have the highest potential of causing unacceptable environmental impactor interference
The proposed water taking qualifies as a Category 1 permit.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
40 St. Clair Avenue West
Floor 2
Toronto,
ON
M4V 1M2
Canada
Comment
Commenting is now closed.
This consultation was open from May 2, 2023
to June 1, 2023
Connect with us
Contact
Client Services and Permissions Branch
40 St. Clair Avenue West
Floor 2
Toronto,
ON
M4V 1M2
Canada
Comments received
Through the registry
7By email
0By mail
0