Proposal to extend the current moratorium on water bottling permits

The Taking Ground Water to Produce Bottled Water Regulation (Ontario Regulation 463/16) established a moratorium on water bottling permits. The moratorium is currently set to expire on October 1, 2020.

The moratorium prohibits:

• new Permits to Take Water that would authorize water bottling facilities to take groundwater
• existing water bottling facilities to take more groundwater than authorized in their existing permits
• new or amended permits that would allow a facility to take groundwater to conduct pumping tests to determine if it could use the groundwater supply as a source of water for bottled water

The moratorium does not apply to water bottling facilities that get their water from a municipal drinking water system. These facilities do not need a permit under the Ontario Water Resources Act since they do not take water directly from a ground or surface water source. Instead, the municipal drinking water system that supplies the water to the facility requires a permit.

Proposal to extend the moratorium

We are proposing to amend Ontario Regulation 463/16 to extend the moratorium for 6 months, ending April 1, 2021.

Purpose of proposal

Ontarians can be confident water resources are protected by strong policies based on scientific evidence, but we must always be prepared to adapt to changing circumstances.

To further ensure water resources in Ontario are protected and used sustainably, in June 2020, we proposed enhancements to Ontario’s water taking program. More information on the proposed enhancements can be viewed on ERO # 019-1340. The comment period closed on August 2, 2020.

While we consider comments received on our proposed enhancements to Ontario’s water taking program, we are proposing to extend the current moratorium on new or increased water takings from groundwater sources by water bottling facilities for an additional six months, until April 1, 2021.

This extension would give us the time to thoroughly review and consider the feedback received on our proposed enhancements to Ontario’s water taking program, as well as to further consult with the public, stakeholders and Indigenous communities on how we can implement those proposed enhancements before the moratorium ends.

While the proposed enhancements will help ensure we continue to conserve and manage water resources for future generations, we will also explore the best approach to give municipalities more direct input on allowing bottled water companies to withdraw water in their communities. This includes proposing a legislative amendment to the Ontario Water Resources Act that would implement the proposed requirement for water bottlers to obtain the support of the host municipality before applying for a new or increased permit to take groundwater.

We also heard through consultation that the public, stakeholders and Indigenous communities want more time to review and comment on how proposed amendments to Ontario’s water taking program would be implemented before changes take effect. Building on feedback received through consultation, the province is preparing draft guidance to support implementation of the proposals to:

• establish priorities of water use in the province that can guide water taking decisions
• enable an area-based approach that allows the ministry to assess and manage multiple water takings together in areas of the province where water sustainability is a concern

We are committed to protecting water resources in the province in a way that maintains the right balance between protecting our environment, while responsibly supporting a prosperous economy that creates jobs and opportunity for the people of Ontario.