This consultation was open from:
December 18, 2019
to January 17, 2020
Decision summary
Amendment to Ontario Regulation 454/96 Construction under the Lakes and Rivers Improvement Act was approved.
Decision details
On February 28, 2020 the Ontario Regulation 454/96 Construction under the Lakes and Rivers Improvement Act was amended to provide an alternative, optional rules in regulation approach to dam owners, to repair existing low hazard wetland dams without obtaining approval under Section 16 of the Lakes and Rivers Improvement Act, if they meet the requirements in the regulation. The regulation was filed by the Registrar of Regulations on February 28, 2020.
The amendment establishes the following requirements:
- the dam must be an existing wetland dam
- the dam must have a low hazard potential classification, as determined by a licenced engineering practitioner
- any alterations, improvements and repairs must not change the hazard potential classification of the dam
The amendment reduces regulatory burden to owners of low hazard wetland dams, while supporting the continued management of Ontario’s wetlands. This is accomplished through providing an alternative, optional rules in regulation approach to repairing existing low hazard wetland dams.
It provides dam owners with the opportunity of increased project planning certainty, while maintaining or enhancing provincial interests in public safety, dam safety and environmental considerations.
Effects of consultation
The proposal was posted on both the Environmental Registry of Ontario (December 18, 2019 – January 17, 2020) and the Regulatory Registry (December 18, 2019 – February 3, 2020).
We received thorough and detailed comments from key agencies and stakeholders. The following provides a summary of comments received and how we considered them.
Comments received were generally supportive of the proposal. Specifically, comments were supportive of the fact that a pilot project was used to inform this Lakes and Rivers Improvement Act modernization for low risk projects.
Stakeholders also provided advice on the regulation and the implementation approach.
Suggestions for the regulation amendment included:
- the need for clarity regarding the definitions of ‘wetland’ and ‘wetland dam’, specifically to prevent unintended dams from being captured by the regulation
- that dams be confirmed as low hazard potential prior to each alteration, improvement or repair
- that hazard classification considers cascading dam failures
- the need for clarity about scope of alterations, improvement and repairs permitted via this approach and clarify that the alterations, improvements and repairs must not change hazard potential classification
- that the eligibility for a dam owner to make use of this approach be scoped to those with multi-disciplinary staff, such as biologists, ecologists and engineers, or require the involvement of a biologist or ecologist to ensure robust consideration of potential impacts to fish and wildlife
Suggestions for implementation included:
- developing additional guidance for the use of the rules-in-regulation approach, such as fact sheets, or best management practices
- developing a public registry where repairs, alteration and improvements to such dams are available to the public
- requiring consultation with impacted parties prior to repairs, alteration and improvements
- ensuring that dam owners are aware of other regulatory requirements associated with dam repair
While some comments were considered in the development of the regulation, other comments will be considered for inclusion in updated Lakes and Rivers Improvement Act technical guidance.
Our response:
- The regulation provides clarity regarding eligible dams and eligible works. To support dam owners, further clarity will be considered for inclusion in updated Lakes and Rivers Improvement Act technical guidance.
- The regulation does not permit any alterations, improvement or repairs that would change the hazard potential classification. Classification of a dam does require the consideration of cascading failures. Dams must be classified as low hazard potential in the year prior to the alteration, improvement or repair, which addresses the comments regarding the hazard potential classification.
- The regulatory approach relies on a licensed professional engineer to make a determination about the classification of the dam. It is at the professional discretion of the licensed professional engineer, to identify any need to consult a biologist or ecologist to make this determination. The regulation aligns with the Professional Engineers Act, which is the Act that regulates professional engineering.
- The guidance material under the Act supports dam owners in meeting their responsibility to safely operate and maintain their dams. Additional guidance on the regulatory approach will be considered for inclusion in the Lakes and Rivers Improvement Act Administrative Guide and existing suite of Technical Bulletins and Best Management Practices. These guidance documents address consultation requirements and other permissions that may be needed as part of a dam repair.
- Some commenters encouraged the consideration of streamlined approvals for decommissioning obsolete dams. While decommissioning dams is out of the scope of this regulation amendment, we will consider these comments for potential future regulatory modernization. Currently, “An owner’s guide to removing small dams in Ontario” can be found here. This publication outlines the benefits of decommissioning and how a dam owner may seek approval for decommissioning.
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.
300 Water street
5th Floor, North tower
Peterborough,
ON
K9J 3C7
Canada
Connect with us
Contact
Stacey Vojtek
300 Water street
5th Floor, North tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
Background
The Lakes and Rivers Improvement Act (LRIA) provides the legislative authority to regulate the design, construction, operation, maintenance and safety of dams in Ontario.
The LRIA provides the Lieutenant Governor in Council with the authority to make regulations prescribing circumstances in which approval is required under subsection 14(1) or Section 16 of the LRIA.
Ontario Regulation 454/96 (Construction) outlines the circumstances in which LRIA approval is required. Dam owners are generally required to obtain plans and specifications approval from the Ministry under Section 16 of the LRIA, prior to making alterations, improvements or repairs to an existing dam.
Description of the Proposal
We are proposing to amend Ontario Regulation 454/96 (Construction). If passed, this amendment would provide an alternative, optional rules in regulation approach to wetland dam owners, to repair existing low hazard wetland dams without obtaining approval under Section 16 of the LRIA, if they meet the requirements in the regulation.
The proposed amendments would not affect the requirement for persons to obtain approval under Section 14 of the LRIA prior to the construction of a new wetland dam, or the requirement to obtain approval to decommission a dam.
Over the past six years through a pilot project, we have collected evidence to support the option of an alternative, risk based regulatory model for repairs to wetland related dams. The pilot project enabled alterations, improvements and repairs through a streamlined process, and it demonstrated that these were low risk projects. Therefore, we are proposing a risked based regulatory approach. Alterations, improvements and repairs to low hazard wetland dams are a low risk activity and do not need to be subject to the same requirements as larger, more complex dams that may have more significant public safety, dam safety or environmental interests.
Low hazard classification means that the impact of the dam failure would not exceed: minimal loss to fish and wildlife habitat with a high capability of natural restoration, minimal property loss, no loss of life, and reversible damage to cultural heritage sites, as prior determined through a rigorous dam hazard classification study undertaken by a qualified professional.
The proposed amendment would establish the following requirements:
- the dam must be an existing wetland dam
- the dam must have a low hazard potential classification, as determined by a licenced engineering practitioner
- any alterations, improvements and repairs must not change the hazard potential classification of the dam
If a proposal to alter, improve or repair an existing low hazard wetland dam did not satisfy these requirements, the dam owner would need to apply to the Ministry of Natural Resources and Forestry for approval under Section 16 of the LRIA.
Impact
If passed, the proposed amendment could encourage owners of wetland dams to complete a hazard potential classification of their dams, which advances Ontario’s broader interests in dam safety and public safety.
The proposed amendment would reduce regulatory burden to owners of low hazard wetland dams, while supporting the continued management of Ontario’s wetlands, by providing an alternative, optional rules in regulation approach to repairing existing low hazard wetland dams. It would provide dam owners with the opportunity of increased project planning certainty, while maintaining or enhancing provincial interests in public safety, dam safety and environmental considerations. Dam owners could reinvest their cost savings in dam safety and wetland management.
Regulatory impact statement
The anticipated environmental consequences of the proposal are neutral to positive. Experience in Ontario demonstrates that undertaking work on low hazard wetland dams poses a low risk to the environment, when designed, undertaken and inspected by qualified professionals. If the amendments were passed, owners of wetland dams would be incented to complete hazard potential classifications of their dams, to utilize this alternative regulatory approach. Regulatory cost savings for dam owners and conservation partners can be reinvested into wetland management and conservation.
The anticipated social consequences of the proposal are neutral. Most wetland dams in Ontario are located on private land. Undertaking work on low hazard wetland dams poses a low risk to public safety and nearby property.
The anticipated economic consequences of the proposal are positive. If passed, the proposed amendments would enable an optional, rules in regulation approach for alterations, improvements and repairs to wetland dams classified as low hazard dams. Dam owners who satisfy all of the requirements in the proposed amendment would be relieved from the Ministry’s application process for approval, potentially incenting additional fiscal investment in dams and thereby contributing to the province’s broader interests in advancing dam safety and public safety.
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.
300 Water street
5th Floor, North tower
Peterborough,
ON
K9J 3C7
Canada
Comment
Commenting is now closed.
This consultation was open from December 18, 2019
to January 17, 2020
Connect with us
Contact
Stacey Vojtek
300 Water street
5th Floor, North tower
Peterborough,
ON
K9J 3C7
Canada
Comments received
Through the registry
1By email
6By mail
0