Flow Water Inc. - Permit to take water

Instrument type: Permit to take water

ERO number
019-5451
Ministry reference number
1000174965
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Updated
Decision posted
Comment period
September 12, 2022 - October 12, 2022 (30 days) Closed
Last updated

Update Announcement

This notice was originally published on May 3, 2022 for 30 days comment period ending June 2, 2022. We updated the notice on September 12, 2022 to revise the maximum daily water taking volume and reopened the comment period for another 30 days.

This consultation was open from:
September 12, 2022
to October 12, 2022

Decision summary

This was a proposal for a new Permit to Take Water for Flow Water Inc. under Permit No. P-300-1617496618, issued for 5 years. Water will be taken for production purposes from one well, located in the Town of Mildmay, Ontario.

Location details

Site address

468 Bruce Road 28
Mildmay, ON
Canada

Site location map

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

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Proponent(s)

Flow Water Inc.
155 Industrial Parkway South, Unit 7-10
Aurora, ON
L4G 3G6
Canada

Decision details

This was a proposal for a new Permit to Take Water for Flow Water Inc. under Permit No. P-300-1617496618, issued for 5 years. Water will be taken for bottled water production purposes from one well, located in the Town of Mildmay, Ontario. Details of the approved water taking are as follows:

Source of water: well

  • purpose of water taking: bottled water
  • source of water: well - drilled
  • maximum rate (litres per minute): 363
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 375,000
  • maximum number of days of taking in a year: 365
  • period of water taking: January 1 to December 31 for 5 years

More about Permits to Take Water

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Notification was sent to the local municipality and conservation authority. Both entities commented on the water taking and inquired about potential impacts to local drinking water sources, the surrounding environment, and plans for monitoring, contingency, and the complaints process. Following review of the information provided by the Ministry in response, neither the local municipality nor conservation authority had any outstanding concerns.

Notification to local Indigenous communities was completed with two communities notified. The communities expressed concerns with potential impacts to the environment. A Qualified Person reviewed the supporting documents for the Permit to Take Water application on behalf of the Indigenous communities. Ministry staff and technical representatives of the Indigenous communities and of the proponent attended a site visit and subsequently submitted a revised monitoring and contingency plan. Neither the Ministry nor the Indigenous communities identified any outstanding technical concerns with the revised monitoring and contingency plan.

The Indigenous communities also expressed concern regarding the commercial sale of water associated with water bottling activities. Ministry staff are satisfied that the monitoring and contingency plans, which include explicit triggers for reducing water taking rates, are sufficient to address any potential impacts to nearby wetlands or ponds that may be connected to the underlying aquifer unit from which water is taken. These plans were extensively reviewed by Ministry staff, with input from technical representatives of the proponent and of the local Indigenous 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 Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from February 12, 2024 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:

  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
Neil Taylor
Permit to Take Water Surface Water Specialist

Environmental Permissions Branch
135 St Clair Avenue West
Toronto, ON
M4V 1P5
Canada

416-388-0961

Proponent(s)

Flow Water Inc.
155 Industrial Parkway South, Unit 7-10
Aurora, ON
L4G 3G6
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-5451
Ministry reference number
1000174965

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
019-5451
Ministry reference number
1000174965
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

September 12, 2022 - October 12, 2022 (30 days)

Proposal details

This proposal is for a new Permit to Take Water for Flow Water Inc. Water will be taken for production purposes from one well, located in the Town of Mildmay, Ontario. Details of water taking are as follows:

Source of water: well

  • purpose of water taking: bottled water
  • source of water: well - drilled
  • maximum rate (litres per minute): 363
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 375,000
  • maximum number of days of taking in a year: 365
  • period of water taking: January 1 to December 31 for 10 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.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from September 12, 2022
to October 12, 2022

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