Proposed changes to provide flexibility for water taking activities

The ministry is proposing to amend Ontario Regulation 387/04 (water taking and transfer) under the Ontario Water Resources Act (OWRA) to give proponents greater flexibility and streamline the process to apply for a permit to take water where a permit has been cancelled, expired or revoked in certain circumstances, for previously approved water takings.

The proposed changes would mean proponents would not need to apply for a new permit to take water if the previous permit has recently been cancelled due to a change in ownership of the property on which the taking was authorized or where the permit has recently expired. These proposed changes could provide relief to a proponent whose permit may have been cancelled due to an administrative oversight or error - for example, failing to notify the Ministry prior to the sale of a property.

To maintain regulatory oversight, proponents would only be allowed to apply for a permit using the streamlined process under certain conditions:

• the application must be for a taking of water that had been previously occurring under a permit to take water that had been issued by the ministry
• the proponent must submit the application within one year of the cancellation, expiry, or revocation of the permit
• the proposed taking of water must be from the same location and for the same amount or less as was approved under the previously issued permit to take water
• the proposed taking of water must be for the same purpose as authorized under the previously issued permit to take water

These proposed conditions would confirm that the proposed water takings are consistent with the water takings that occurred under the prior permit. The ministry would continue to review applications submitted through the streamlined process to confirm compliance with ministry requirements prior to deciding whether to issue the permit.

In circumstances where a permit has expired and a renewal application has been subsequently submitted, the director may issue a short-term permit on the same terms and conditions as the expired permit to authorize takings for less than one year, to provide time to consider an application to issue a renewal for the typical term of up to ten years. Any renewal application to extend the expiry date for more than one year or longer will continue to be posted for public comment on the Environmental Registry of Ontario (ERO).

The proposed regulatory amendments would also clarify that a permit issued under the above mentioned streamlined process for the purpose of producing bottled water is not a new permit subject to section 34.0.1(2) of the OWRA. With this change a municipal resolution would not be required before the permit is issued, as this permit would authorize the same amount of water taking from the same location as was authorized under the prior cancelled or expired permit.

Background

Water taking activities in Ontario are governed by the OWRA. With some exceptions, a permit to take water is required when a proponent wants to take more than 50,000 litres of water in a day.

Under the current framework, if proponents apply to renew their permit to take water at least 90 days prior to the expiry of the permit, the permit continues in force until the date the director decides whether to renew the permit or to refuse the renewal. If proponents miss this application window or if their permit to take water is cancelled due to other administrative triggers (such as a change in ownership) applying for a new permit to take water can place undue burden on the proponent for a water taking activity that was previously approved by the ministry.

Public consultation opportunities

This proposal has been posted for a 30-day public review and comment period. We encourage interested parties to make comments on this proposal. Comments made on this proposal will be considered before making a decision.

Regulatory impact assessment

The regulatory changes would support proponents by providing flexibility and allowing them to apply for permits for previously approved water takings instead of requiring them to apply and wait months for a new permit to take water.

We are working to develop a Regulatory Impact Assessment to determine potential costs or estimated savings related to this proposal.