Aquaterra Corporation Ltd. - Permit to take water

Instrument type: Permit to take water

ERO number
019-3797
Ministry reference number
2530-AM7RHH
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
June 8, 2021 - July 8, 2021 (30 days) Closed
Last updated

This consultation was open from:
June 8, 2021
to July 8, 2021

Decision summary

This is the renewal of Permit to Take Water No. 8664-75QJ2J for AquaTerra Corporation and is for water bottling purposes. The new permit No. is 2844-C82QEK and was issued on November 16, 2021 with an expiry date of November 16, 2026.

Location details

Site address

Lot 19, Concession 8
Erin, ON
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Aquaterra Corporation Ltd.
1200 Britannia Road
Mississauga, ON
L4W 4T5
Canada

Decision details

After a thorough scientific and technical review, the director has renewed AquaTerra Corporation water taking for a period of five years.

The ministry considered the need to protect the natural functions of the ecosystem, water availability for other users and the use of water for bottling. The ministry is satisfied that the approved Permit to Take Water is protective of the environment and other water users.

This Permit to Take Water No. 2844-C82QEK for AquaTerra Corporation was issued on November 16, 2021. Water will be taken from one drilled well located at 5645 Trafalgar Rd N Hillsburgh, in the Town of Erin, Ontario, County of Wellington.

Details of water taking are as follows:

Source name: Hillsburgh Well

Purpose of water taking: bottled water

  • maximum rate per minute: 900 litres
  • maximum number of hours of taking a day: 18
  • maximum volume per day: 225,000 litres
  • maximum number of days of taking in a year: 260
  • earliest likely calendar date of taking: 01/01
  • latest likely calendar date of taking: 12/31
  • length of taking: 5 years

Request a copy of the permit.

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

The ministry considered all of the comments received during the public consultation and notification periods during the technical review of the application.

One comment was received from the Town of Erin.

  • The Town identified that the ministry should consider the presence of the highly vulnerable aquifers and significant groundwater recharge areas in their review. Based on our technical review, it was identified that the bedrock well is located in a confined aquifer, and the well is artesian and flowing at surface. Although the property may be located geographically in a groundwater recharge area, the designation is likely limited to the shallow overburden aquifer.

  • The Town identified support for monitoring, including monitoring of potential impacts to local water users, and conditions related to low water response. Based on our technical review, the magnitude of water taking, hydrogeologic setting of the taking, and history of no interference, we have not required any water level monitoring in this Permit to Take Water (PTTW). Condition 5.2 requires that in the event of interference, the Permit Holder shall take such action necessary to make available to those affected, a supply of water equivalent in quantity and quality to their normal takings, or shall compensate such persons for their reasonable costs of so doing, or shall reduce the rate and amount of taking to prevent or alleviate the observed negative impact. A low water response program was not deemed to be required because this taking activity is from a confined bedrock aquifer.

  • The Town recommended a 5-year duration for the PTTW. The PTTW was issued for 5 years, as requested by the applicant. This will allow the ministry to review and confirm that this taking remains sustainable. It should also be noted that the ministry utilizes an adaptive management approach as part of the PTTW program and can amend permits at any time to reflect changing conditions.

Over the past years, the ministry has thoroughly reviewed the province’s water taking policies, programs and science tools and held an independent third-party review of the findings on bottled water takings, which was completed by a panel of experts from Professional Geoscientists Ontario.

Ontario has strengthened groundwater protection by:

  1. Enhancing Ontario’s water taking program through regulatory amendments and providing new guidance to help permit holders to understand the new rules and how to operate within them.
  2. Giving host municipalities more direct input on allowing bottled water companies to withdraw new or increased amounts of groundwater in their communities.
  3. Charging a water bottling fee for water bottling companies that take groundwater, effective August 1, 2017
  4. Hiring an experienced water resources consulting firm, BluMetric Environmental Inc., to assess water resources in the province, in addition to our own ongoing review and analysis of water taking in Ontario.
  5. Validating the ministry’s findings on water bottling through an independent third-party panel from the Professional Geoscientists Ontario.

In Ontario, water bottling facilities must apply for permits to take water from groundwater sources if the facility plans to take more than 50,000 litres of water on any day.

Groundwater is water held underground in the soil or in pores and crevices in rock. It supplies water in wells and some streams, lakes and wetlands.

Ontario is committed to protecting water resources for families now and for future generations. It’s even more important as our population grows, and during hot conditions and periods of drought, which are projected to become more frequent because of climate change.

The independent third-party review validated our findings that water takings for bottling are managed sustainably in Ontario under existing legislation, regulation and guidance and are not impacting the sustainability of groundwater resources.

Notification to Indigenous Communities

The following Indigenous communities were notified and provided details of the proposed permit renewal:

  • Six Nations of the Grand River
  • Mississaugas of the New Credit First Nations
  • Haudenosaunee Confederacy Chiefs Council

No comments were received from First Nations communities.

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from November 16, 2021 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.

Appeal process for decisions published before June 1, 2021

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:

  1. prepare your application
  2. provide notice to the minister
  3. 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:

  1. 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
  2. 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
  3. 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:

  1. 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?
  2. 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)

Issuing authority
Gregory Meek
Supervisor, PTTW

Permit to Take Water Unit
135 St Clair Ave W
Toronto, ON
M4V 1P5
Canada

289-830-5867

Proponent(s)

Aquaterra Corporation Ltd.
1200 Britannia Road
Mississauga, ON
L4W 4T5
Canada


Appellate body

Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Environmental Review Tribunal


Include the following:

ERO number
019-3797
Ministry reference number
2530-AM7RHH

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.

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Original proposal

ERO number
019-3797
Ministry reference number
2530-AM7RHH
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

June 8, 2021 - July 8, 2021 (30 days)

Proposal details

This proposal is for the renewal of Permit to Take Water No. 8664-75QJ2J issued to AquaTerra Corporation for the purpose of bottling water. Water will be taken from a well. Details of water taking are as follow:

Source name: Hillsburgh Well

Purpose of water taking: bottled water

  • maximum rate per minute: 900 litres
  • maximum number of hours of taking a day: 18
  • maximum volume per day: 225,000 litres
  • maximum number of days of taking in a year: 260
  • earliest likely calendar date of taking: 01/01
  • latest likely calendar date of taking: 12/31
  • length of taking: 5 years

More about Permits to take water

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.

Comment

Commenting is now closed.

This consultation was open from June 8, 2021
to July 8, 2021

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