Proposed regulatory amendments to streamline the approvals process for alterations to municipally owned sewage and water distribution works that are part of transit projects

The proposed amendments to O.Reg. 208/19 and O.Reg. 172/03 will enable changes to streamline approvals for sewage and water distribution works built to support transit projects, helping to deliver this critical infrastructure faster while maintaining environmental safeguards.

The proposed changes would preauthorize Metrolinx and other transit authorities to make alterations to sewage or water distribution works under the authority of a municipality’s Consolidated Linear Infrastructure (CLI) Environmental Compliance Approvals (ECAs) or drinking water works permit (DWWP), for works that will eventually be owned by the municipality. This will help get important transit projects built faster while maintaining environmental oversight. Currently, only developers are preauthorized to do this type of work. In cases where a CLI ECA or DWWP is in place, there is an agreement with the municipality and the works will be eventually transferred to municipal ownership.

Currently, transit authorities such as Metrolinx are not designated as “prescribed persons” under O.Reg. 208/19 and water distribution works constructed by Metrolinx are not defined as part of a municipal drinking water system under O.Reg. 172/03. This means transit authorities are not pre-authorized to do this type of work and must apply for separate approvals.

Designating transit authorities such as Metrolinx as “prescribed persons” under O.Reg. 208/19 and defining water distribution works that Metrolinx constructs as part of a municipal drinking water system under O.Reg. 172/03, would eliminate the need for separate applications to the ministry. It would save businesses and government, time, money, and resources by streamlining processes and reducing delays for routine, low-risk activities such as building and altering sewage and water distribution works for transit projects.

Sewage and water distribution works that will not eventually be transferred to municipal ownership will continue to require separate approvals from the ministry and will not be pre-authorized under the above-mentioned municipal approvals.

The proposed amendments would maintain environmental protection as any sewage or water distribution works that are part of transit projects would have to meet the strict requirements under the municipality’s CLI ECA or DWWP. This includes design criteria, operation and maintenance criteria, monitoring requirements, complaint management provisions and annual reporting. CLI ECAs and DWWPs are also reviewed by the ministry on a regular cycle to confirm that works comply with the latest standards and requirements to maintain protection of the public and environment.

Proposed changes to O.Reg. 208/19

We are proposing to amend O.Reg. 208/19 to include Metrolinx and other transit authorities as prescribed persons. This would allow authorities who are constructing or altering sewage infrastructure as part of transit projects to do so under the authority of the municipality’s CLI ECA, if there is an agreement with the municipality and the sewage works will be eventually transferred to municipal ownership.

As with the current requirements for prescribed persons, the pre-authorizations are for low-risk routine alterations to the system and the alterations would need to be completed in accordance with conditions of the municipality’s CLI ECA, including meeting ministry design standards to protect the public and the environment.

Proposed changes to O.Reg. 172/03

We are also proposing amendments to O.Reg. 173/03 to add reference to ownership transfers of drinking water infrastructure to municipalities through agreements with Metrolinx and other transit authorities.

The proposed changes would allow alterations to water distribution works undertaken as part of transit projects to be approved under the authority of the municipality’s DWWP. The water distribution works would need to be designed and constructed in accordance with the conditions of the municipality’s DWWP, including meeting ministry design standards to protect the public and the environment.

Discussion questions

1. Are there other entities that construct or alter sewage or water distribution works that will eventually be transferred to municipal ownership that the ministry should consider designating a prescribed person under O.Reg. 208/19 and defining water distribution works that these entities construct as part of a municipal drinking water system under O.Reg. 172/03?
2. Are there other types of authorities, other than transit authorities, that the ministry should consider including in these proposed amendments?

Background:

Environmental Compliance Approval in respect to sewage works regulation (O.Reg. 208/19)

O.Reg. 208/19 is a core component of the ministry’s CLI permissions approach in which a single approval is issued for all sewage works components of either a municipal sewage collection system or a municipal stormwater management system.

O.Reg. 208/19 applies to municipalities with CLI ECAs and allows prescribed persons to make certain alterations to municipal sanitary collection and stormwater works under the authority of a municipality’s CLI ECA while complying with the ECA’s requirements to maintain environmental protection.

Currently under O.Reg. 208/19 prescribed persons are identified as having an agreement with a municipality under the Planning Act or the Development Charges Act. This enables developers to make alterations to a municipality’s sewage system without requiring a separate approval if the works will be transferred to municipal ownership.

Municipal Consolidated Linear Infrastructure Environmental Compliance Approvals

A municipal CLI ECA is a single approval that covers a municipal sewage collection system or a municipal stormwater management system. Under the approach, municipalities do not need to submit individual "pipe by pipe" applications and instead have one ECA for their sanitary collection system, and another for their stormwater management works.

CLI ECAs streamline the approvals process for municipal sewage works as they pre-authorize municipalities and prescribed persons (such as developers) to make routine alterations to the system without requiring an application to the ministry. These alterations are required to meet the environmentally protective requirements of the CLI ECA.

Definitions of ‘deficiency’ and ‘municipal drinking water system’ (O.Reg. 172/03)

O.Reg. 172/03 enables developers to construct or alter water works without requiring separate approvals if the works will eventually be transferred to the municipality and meet the conditions of the DWWP.

Currently under O.Reg. 172/03 the water works must be established in accordance with an agreement with a municipality, entered into under the Planning Act, the Development Charges Act, 1997 or the Condominium Act, 1998.

Municipal Drinking Water Licensing Program

Municipal residential drinking water systems are required to have a DWWP and municipal drinking water licence. The DWWP, issued for the infrastructure associated with the system, provides permission to establish and alter the drinking water system. The municipal drinking water licence provides authority to operate the system.

The DWWP includes conditions that preauthorize future alterations to the drinking water system, allowing municipalities and developers to make routine alterations without an application to the ministry as long as requirements in the DWWP are met.

Regulatory impact statement

The proposed regulatory amendments are expected to reduce regulatory burden for municipalities and transit authorities by eliminating duplicative approval requirements. Municipalities, Metrolinx and other transit authorities are expected to save time and money as individual applications will no longer be required for sewage and water distribution works that eventually will be owned by the municipality, enabling public transit projects to be expedited. This will reduce burden on transit authorities and allow important transit projects to start sooner while maintaining environmental protection by requiring sewage and water systems to meet the ministry’s strict requirements.