This consultation was open from:
August 31, 2023
to October 30, 2023
Decision summary
The ministry is moving forward with regulatory amendments to streamline environmental permissions for water taking activities necessary to meet the province’s growing needs for critical infrastructure and housing development. These changes will help get important projects built faster while maintaining environmental protection.
Decision details
Ontario is proceeding with changes to help municipalities and businesses save time and money by moving more water taking activities such as construction dewatering to a more flexible environmental permissions process. These changes will help get important projects built faster while continuing to safeguard Ontario’s water resources and maintain the province’s strict environmental standards.
Regulatory changes
To enable these actions, we:
- amended Ontario Regulation 63/16 under the Environmental Protection Act to allow proponents to self-register additional construction dewatering activities online on the Environmental Activity and Sector Registry (EASR) instead of applying for environmental permissions that require a ministry review such as a Permit to Take Water (PTTW).
- amended Ontario Regulation 387/04 under the Ontario Water Resources Act to exempt low-risk foundation drainage systems, used primarily for residential purposes, that take less than 379,000 litres of groundwater per day from requiring environmental permissions. These systems would not require a PTTW and would also not need to be self-registered online.
The amendments come into force on July 1, 2025.
Registered activities must comply with the requirements set out in Ontario Regulation 63/16 to maintain environmental protection. This includes the requirement to have a qualified person (QP) assess the activity and prepare technical assessments prior to registration and meet environmentally protective requirements such as effluent criteria for discharge, erosion and sediment control measures and spill clean-up provisions. Regulatory requirements for technical assessments have also been clarified to support QPs in their assessments, for example, identifying which local factors and sensitive features must be considered and mitigated for at minimum. For the purpose of this regulation, QPs are typically Professional Geoscientists or Professional Engineers that are regulated under the Association of Professional Geoscientists Ontario or meet the necessary requirements outlined in the Professional Geoscientists Act, 2000.
The ministry has a mandate to conduct compliance assessments, including ones for registered activities, to protect the environment and human health.
Diverting more activities to online self-registration allows important housing and infrastructure to be built faster while keeping appropriate environmental protections in place. The changes also help support the province’s Housing Supply Action Plan. Streamlining the permission processes for these routine activities also allows the ministry to focus its resources on more complex water taking activities through the PTTW program. For water taking activities that continue to require a PTTW, the ministry will be providing simpler, faster service to municipalities and businesses by completing the move to an online application system by September 1, 2025. This means that proponents can register for a water taking and apply for a PTTW all in one place. For more information regarding the online PTTW application process, please visit Permits to Take Water.
Analysis of Regulatory Impact
The regulatory change will streamline permissions for important infrastructure and housing projects by decreasing costs and lengthy review timelines for construction projects and reducing wait times for much needed housing and transit projects.
The regulatory changes will result in estimated total cost savings of $8.4 million and savings of 31,780 regulatory compliance hours over the next 10 years.
Effects of consultation
Collectively, the ministry received a total of 5,642 comments via email on four concurrent permissions modernization proposals. Of these emailed comments, 5,250 (~93%) were part of letter writing campaigns.
Specific to just this proposal, the ministry received 234 comments through the Environmental Registry and 29 submissions through email.
We considered all feedback received during the comment period for this posting. We received comments from a wide range of interested parties, including:
- members of the public
- businesses and developers
- technical consultants
- industry and professional associations
- municipalities
- conservation authorities
- Indigenous communities and organizations
- other ministries
Broad support was received from the housing, construction, and development sector (e.g, Ontario Home Builders’ Association, regional home builder associations), Metrolinx and certain QPs who expressed that the proposal would reduce process duplication and red tape and assist efforts in the creation of much needed infrastructure and housing supply.
In addition to this feedback, we received comments related to the following main themes:
- potential for reduced ministry oversight, public input and environmental protection
- role and accountability of qualified persons
- site-specific considerations and cumulative effects
- limits on volumetric threshold for groundwater withdrawals
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Potential for reduced ministry oversight and impact on the environment and other water users
Many comments, including the letter writing campaigns, expressed concerns that the changes would reduce ministry oversight and opportunities to provide public input and could potentially impact the environment and other water users.
The amendments align approval requirements with the level of potential impact associated with these short-term water taking activities, while keeping appropriate protections in place.
Registered water taking activities must meet rigorous self-registration requirements such that the taking and discharge of the water is conducted in a manner that protects the environment and other water users. These requirements include water taking limits, surface water protection, erosion and sedimentation control, and technical assessments prepared by a QP. All registered activities must be conducted in accordance with the site-specific assessments that consider local factors relevant to the location of a construction project. The regulation also requires registrants to develop and implement a notification protocol for affected water users.
The ministry retains the ability to inspect registered activities and assess compliance with legal requirements.
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Role and accountability of Qualified Persons
We received concerns about the quality, completeness and accuracy of technical assessments produced by QPs and how the ministry would hold QPs accountable if ministry requirements are not met.
In response to this, we amended Ontario Regulation 63/16 to provide QPs with further clarification on what to consider as part of their assessments and in the development of contingency plans, mitigation measures and response procedures. These clarifications are not anticipated to increase burden on proponents as the current regulation already requires the QP to assess all impacts of the proposed water taking on all affected water users and the natural environment. The additional details are meant to guide this assessment.
The ministry will also update its guidance documentation to help QPs better understand their obligations. The ministry has a mandate to conduct compliance assessments of registered activities to confirm that ministry requirements have been met.
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Site-specific considerations and cumulative effects
We received comments that the ministry should consider site-specific considerations such as contamination and geotechnical concerns, as well as impacts on local wells, water quantity stressed areas and sensitive features.
Registered water taking activities are required to meet rigorous requirements, including technical assessments prepared by a QP that are based on a site-specific assessment. In addition to site-specific considerations, the QP is required to include protective measures and controls to conduct the water taking in a manner that does not have an adverse impact on the environment, sensitive features, or other water users. All registered water taking activities must be conducted in accordance with the technical assessments.
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Dewatering volumetric threshold
We received concerns about removing the current restriction on the size of construction dewatering activities that can be self-registered on the EASR. The amendment to O. Reg. 63/16 has removed the previous volumetric restriction such that proponents would be required to self-register construction dewatering activities online on the EASR regardless of the volume of water taking, allowing them to start operations immediately without requiring a PTTW or an Environmental Compliance Approval (ECA).
The removal of the previous volumetric limitation is not anticipated to cause adverse effect due to the routine, temporary nature of construction site dewatering activities. The regulatory requirements in place are intended to maintain environmental protection, monitor, and mitigate the potential for contamination or adverse effects, and outline procedures for notifying the ministry in the event that mitigation measures or shutdown protocol are implemented.
These changes will assist with project timelines, for construction of housing, transit lines and pipelines for example.
Other comments
The ministry included a question about whether the ministry should consider limiting the authority of municipalities to impose sewer-use bylaws criteria on foundation drainage discharging into municipal systems. The ministry received feedback that the ministry should not limit municipal authorities.
We received some comments that were outside the scope of the proposal, and which may be considered in the context of other initiatives. For example, we received several comments that the online self-registration system should be improved.
Next steps
We have made updates to the water taking user guide for the Environmental Activity and Sector Registry to support the regulatory amendments coming into effect July 1, 2025.
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.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Connect with us
Contact
Permissions Modernization Team
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
Ontario is taking action to build the province and provide appropriate environmental oversight by modernizing Ontario’s permissions process.
Proposed regulatory amendments to O. Reg. 63/16 under the Environmental Protection Act
Ontario is proposing changes to streamline permissions for temporary water taking activities. These changes include removing the current volumetric water taking limit of 400,000 litres of ground water per day with regards to taking ground water in relation to one or more dewatered work areas within a construction site. This would allow someone to self-register on the Environmental Activity and Sector Registry (EASR) for the taking of any quantity of ground water or storm water from a dewatered work area(s) at a construction site if all other current eligibility requirements are met. The existing exemption from a permission for water takings of 50,000 litres per day or less remains in place.
Furthermore, Ontario is proposing to remove the current requirements to notify the local conservation authority of the water taking to align with changes to the Conservation Authorities Act.
Removing the volumetric limit is not expected to change the effect of this type of water taking on the environment.
Regulation requirements still in place
To continue ensuring 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, the current self-registration rules in the Regulation will continue to apply:
- 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 water taking and discharge reports and plans that are prepared by a qualified person, who must meet minimum professional criteria
- all registered activities will be required to report their water taking amounts
- the ministry will retain its ability to inspect water taking activities and ensure that they are complying with all necessary legal requirements
Reducing time and costs while protecting the environment
The proposed amendments will support the More Homes, Built Faster: Ontario’s Housing Supply Action Plan 2022-2023, as they will enable a greater number of temporary construction site dewatering activities to register on the EASR, instead of obtaining a Permit to Take Water (PTTW). This will:
- reduce time, cost and resources that proponents spend on seeking environmental permissions from the ministry
- help tackle the housing supply crisis by streamlining the process to build infrastructure.
The current self-registration rules in the Regulation will:
- ensure adequate protection of water resources and the environment
- minimize impact on other water users
Environmental standards and protections will remain in place and continue to be a top priority for the government as we work to reduce delays to get shovels in the ground on projects that matter most to Ontario communities.
A qualified person will still be required to:
- prepare technical assessments, including a contingency plan that outlines measures to be implemented should there be any unacceptable impacts to the quality or quantity of water
- assess whether a monitoring plan is required in order to monitor the potential impacts of the discharge
More complex water taking activities will continue to:
- be subject to ministry review
- 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.
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.
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. 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 regulatory amendments to O. Reg. 387/04 under the Ontario Water Resources Act
Ontario is also proposing changes to simplify permissions for residential foundation drainage, such as those for houses and multi-residential buildings.
Foundation drains are required to keep buildings dry when their foundations are constructed below the water table. These buildings cannot be constructed without these drains in place, and they must be operated for the lifetime of the building.
Ontario is proposing to make residential foundation drainage systems exempt from requiring a PTTW for water taking of up to 379,000 litres of water per day. For water taking of more than 379,000 litres of water per day from residential foundation drainage systems, a PTTW will still be required.
Seeking feedback on municipal sewer-use bylaws
Ontario is also seeking information on the impact that municipal sewer-use bylaws have on the design and long-term operation of foundation drains that are required for residential buildings where foundations are constructed below the water table.
In some cases, developers are required to design treatment systems for their foundation drains to meet sewer-use bylaw criteria that are more stringent than drinking water standards.
We are seeking information on why municipalities are imposing these stringent criteria and whether the province should play a role in limiting what criteria must be met when a building’s foundation drains are discharging uncontaminated ground water into a municipal system.
Background
Water taking activities in Ontario are governed by the Ontario Water Resources Act (OWRA) and the Water Taking and Transfer Regulation (O. Reg. 387/04) under the OWRA. With some exceptions, a PTTW is required when a person wants to take more than 50,000 litres of water in a day from surface water and/or ground water sources. In some cases, an Environmental Compliance Approval (ECA) may also be required for the discharge of the water that is taken.
The Water Taking EASR regulation (O. Reg. 63/16) allows self-registration of certain temporary water taking activities, such as construction site dewatering, road construction and pumping tests, which removes the requirement for a ministry review and obtaining a PTTW under the OWRA for the water taking or an ECA under the Environmental Protection Act for the discharge.
PTTW applications are categorized into one of three categories based on criteria outlined in Table 1 of the Guide to Permit to Take Water Application Form (2005) (PTTW Manual). The current volumetric water taking limit of 400,000 litres per day was initially included in the Regulation as it aligned with the category descriptions for Category 2 PTTW applications, related to “short-term, non-recurring taking less than 30 consecutive days and less than 400,000 litres per day”.
For more information on the last amendments made in 2021 to the water taking EASR, please refer to the Decision Notice posted on the Environmental Registry of Ontario (ERO # 019-2525).
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.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Comment
Commenting is now closed.
This consultation was open from August 31, 2023
to October 30, 2023
Connect with us
Contact
Permissions Modernization Team
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
234By email
5,279By mail
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