Proposed amendments to regulations made under the Environmental Protection Act and Ontario Water Resources Act to make modifications to Environmental Activity and Sector Registry requirements and exemptions for low risk short-term water taking activities

Purpose of proposed changes

Ontario is proposing changes that would move low-risk, short-term water taking activities, such as pumping tests, to a more flexible approval process to allow businesses to begin operations faster and ensure that Ontario’s water resources continue to be safeguarded in accordance with the province’s strict environmental standards.

Proposed regulatory amendments to the Environmental Activity and Sector Registry (EASR) made under the Environmental Protection Act

We are proposing amendments to the EASR regulation to:

• introduce certain pumping tests as a new prescribed activity for registration on the EASR
• modify existing EASR requirements related to construction site dewatering and road construction to remove certain restrictions that do not further environmental outcomes and create undue burden for businesses and individuals

To ensure that the registered water taking activities are carried out in accordance with best management practices and in a manner that is protective of human health and the environment:

• all registered activities will be required to comply with applicable regulatory requirements designed to protect the natural environment
• all registered activities will be required to comply with the criteria contained in the EASR regulation, including operating criteria that are protective of the public and the environment, including assessment requirements, public notification protocols, surface water protections, erosion and sediment control measures, contingency plans, record keeping provisions and public complaint procedures
• all registered activities will be required to be implemented in accordance with a water taking design report that is prepared by a Qualified Person (“QP”), who must meet minimum professional criteria. For example, the QP must be a professional geoscientist or a professional engineer for construction site dewatering
• the ministry will retain its ability to inspect water taking activities and ensure that they are complying with all necessary legal requirements

While it’s possible that the prescribed activities may interfere with the water supply for other users and may include discharge to the natural environment, the proposed measures will ensure adequate protection of water resources and the environment and minimize impact on other water users. Higher risk and more complex water taking activities, including long-term water taking activities, will continue to be subject to ministry review and require ministry approval to ensure that human health and the environment are protected. This ensures that the level of ministry oversight is proportionate with the potential environmental and human health risks associated with water taking activities.

Registration on the EASR is immediate, which means registrants may complete their assessments, register online and undertake the water taking activity immediately once confirmation of registration has been given. The ministry does not actively review such registrations at first instance. However, registrants will have to abide by all relevant regulatory obligations (including record keeping) related to the registered activity.

The ministry maintains the authority to:

• inspect facilities
• ensure compliance with regulatory requirements
• review records and monitoring reports related to the registered activity

Proposed registration criteria are outlined in the attached discussion paper, including a description of the prescribed activities, eligibility criteria and operating requirements.

Proposed amendments to O. Reg. 387/04 made under the Ontario Water Resources Act

We are proposing amendments to Ontario Regulation 387/04 -Water Taking and Transfer to introduce well development as a new exemption activity, and to remove current restrictions on diversion exemptions.

These proposed exemptions allow the proponent to conduct the activity without obtaining a PTTW or registering on the EASR.

It is proposed that the ministry will maintain the authority to inspect the activities and ensure compliance with all legislative and regulatory requirements.

Proposed exemption details are outlined in the attached discussion paper.

Background

Water taking activities in Ontario are governed by the Ontario Water Resources Act (OWRA) and the Water Taking and Transfer Regulation (Ontario Regulation 387/04) under the OWRA. With some exceptions, a Permit to Take Water (PTTW) is required when a person wants to take more than 50,000 litres of water in a day from surface water and/or groundwater sources. In some cases, an Environmental Compliance Approval (ECA) may also be required for the discharge of the water that is taken (e.g. construction site dewatering where the taken water is discharged overland).

In 2016, the Water Taking EASR Regulation came into force and Ontario Regulation 387/04 -Water Taking and Transfer was amended to streamline permissions for low risk water taking activities, including construction dewatering and road construction.

How the current proposal streamlines permissions

The current proposal further streamlines the permissions for low risk short-term water taking activities by proposing additional water taking activities for exemption or EASR registration, and by removing restrictions on the current exemption and EASR eligible activities.

This proposal considered impacts to water users and surface water sources to ensure that environmental protection is maintained. The proposal would continue to ensure that water takings in Ontario are managed in accordance with the province’s strict environmental standards, and in keeping with the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement. The ministry will retain its ability to inspect water taking activities and ensure that they are complying with all relevant environmental standards and requirements.

Regulatory impact statement

The proposed amendments are expected to reduce burden on the regulated community and contribute to economic recovery following the state of provincial emergency, primarily for the construction and development sector.

The amendments will result in a higher number of low risk short-term water taking activities being eligible for exemption or registration on the EASR. This will result in an overall reduction in the time, cost and resources that proponents spend on seeking environmental permissions from the ministry.

Reducing regulatory burden for construction activities is expected to make it easier to build infrastructure which is vital to the province’s economic recovery following the state of provincial emergency. Infrastructure enables trade, supports supply chains, connects workers to jobs, provides essential services, protects from increasingly unpredictable weather events and connects households to employment, healthcare and education opportunities. As the backbone of a healthy economy, infrastructure supports public transit, telecommunication, railroads, energy projects, pipelines, water systems and parks. Access to clean energy and public transit contributes significantly to greenhouse gas reduction. Further, infrastructure projects offer thousands of job opportunities each year with low barriers of entry and significant projected growth.

These benefits may be achieved in addition to mitigating impacts to human health and the environment if the water taking activities are conducted in accordance with regulatory requirements. The regulatory requirements mentioned in preceding sections and included in the attached discussion paper are intended to ensure that the registered water taking activities do not have an adverse impact on human health and the environment.

Public consultation opportunities

This proposal has been posted for a 45-day public review and comment period, starting on October 5, 2020. We encourage interested parties to make comments on the proposal, including the attached discussion paper which provides greater detail on the proposed amendments.

Prior proposed amendments to EASR regulations have followed the consultation approach outlined on the MECP's website: https://www.ontario.ca/page/environmental-registration. That process included a second opportunity for public consultation on draft regulations after the posting of a technical discussion paper.

In the interest of limiting duplication, the ministry is not intending to post this proposal a second time with draft regulatory wording. This posting and attached discussion paper are expected to be the only opportunity for public consultation. Comments made on this proposal and discussion paper will be considered in finalizing the regulation.