109 (1) The Lieutenant Governor in Council may make regulations, (a)  governing the preparation and approval of terms of reference, assessment reports and source protection plans, including regulations, (i)  governing the contents of terms of reference, assessment reports and source protection plans, including regulations, (A)  requiring terms of reference, assessment reports or source protection plans to contain provisions specified by the regulations, (B)  restricting the circumstances in which terms of reference, assessment reports or source protection plans may contain provisions specified by the regulations, or (C)  prohibiting terms of reference, assessment reports or source protection plans from containing provisions specified by the regulations, (ii)  governing consultation during the preparation of terms of reference, assessment reports and source protection plans, (iii)  governing the mediation of disputes that arise in the preparation of terms of reference, assessment reports and source protection plans, (iv)  governing the preparation of terms of reference, assessment reports and source protection plans under section 33, and (v)  requiring anything authorized or required under this Act in connection with the preparation and approval of terms of reference, assessment reports or source protection plans to be done within a time period prescribed by the regulations; (b)  governing the amendment of terms of reference under section 13, including, for the purpose of subsection 13 (1), prescribing the circumstances in which a source protection committee may propose amendments under that subsection; (c)  governing the amendment of source protection plans under section 34 or 35, including, for the purpose of section 34, prescribing the circumstances in which a source protection authority may propose amendments under that section; (d)  Repealed:  2009, c. 33, Sched. 15, s. 2 (12). (e)  authorizing the Minister, on application, to grant exemptions from regulations made under clause (a) or (c), subject to such conditions and restrictions as the Minister may impose, and governing those applications and exemptions; (f)  governing the preparation of risk assessments; (g)  governing the preparation and content of risk management plans; (h)  governing and clarifying the application of subsection 39 (4), including determining when a conflict exists for the purpose of that subsection and determining the nature of the conflict; (i)  dealing with any problems or issues arising as a result of the application of subsection 39 (4); (j)  resolving conflicts between the provisions of significant threat policies and designated Great Lakes policies set out in source protection plans and the provisions of plans and policies mentioned in subsection 39 (5), including determining which provisions prevail or how the plans or policies must be modified to resolve the conflict; (k)  governing and clarifying the application of subsections 39 (7), 43 (1) and 44 (1), including determining when a prescribed instrument does not conform with a significant threat policy or designated Great Lakes policy set out in a source protection plan for the purpose of those subsections, and determining the nature of the non-conformity; (l)  dealing with any problems or issues arising as a result of the application of subsections 39 (7), 43 (1) and 44 (1); (m)  resolving any non-conformity between provisions of prescribed instruments and provisions of significant threat policies and designated Great Lakes policies set out in source protection plans, including determining how prescribed instruments must be amended to resolve the non-conformity; (n)  governing annual reports required by section 46 or 81; (o)  governing the provision of financial assistance under subsection 97 (2); (p)  requiring municipalities within a source protection area for which a source protection plan has taken effect to pass by-laws referred to in section 142 of the Municipal Act, 2001 or section 105 of the City of Toronto Act, 2006 and specify the municipalities and the by-law provisions; (q)  prescribing powers that must be exercised by municipalities in making a by-law referred to in clause (p) that are additional to those powers referred to in section 142 of the Municipal Act, 2001 or section 105 of the City of Toronto Act, 2006; (r)  requiring documents or data to be created, stored or submitted by a source protection committee, source protection authority, municipality, risk management official or risk management inspector, and prescribing the methods of creating, storing or submitting the documents and data; (s)  prescribing the location at which documents or data must be created or stored; (t)  requiring any document authorized or required under this Act to be in a form approved by the Director or the Minister; (u)  defining “significant groundwater recharge area”, “highly vulnerable aquifer”, “surface water intake protection zone”, “wellhead protection area”, and defining any other word or expression used in this Act that is not already defined in this Act; (v)  exempting any person or thing from this Act or any provision of this Act, subject to such conditions as may be prescribed by the regulations; (w)  prescribing or respecting any matter that this Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations, other than a matter for which the Minister has authority to make regulations under section 108; (x)  providing for transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of this Act, a provision of this Act or a source protection plan, other than transitional matters that the regulations made under clause 108 (e) may provide.  2006, c. 22, s. 109 (1); 2009, c. 33, Sched. 15, s. 2 (12, 13). Terms of reference requiring action by municipalities (2) A regulation under clause (1) (a) governing the contents of terms of reference may authorize or require the terms of reference to require a municipality, within a time period set out in the terms of reference or established by the source protection committee, to perform tasks set out in the terms of reference for the purpose of preparing an assessment report or source protection plan.  2006, c. 22, s. 109 (2). Assistance from source protection authority (3) If, pursuant to subsection (2), a municipality is required by terms of reference to perform tasks set out in the terms of reference, the source protection authority for the source protection area shall designate such persons or classes of persons under subsection 88 (2) as are required for the purpose of performing the task and shall provide scientific, technical and administrative support and resources to assist the municipality in performing the task.  2006, c. 22, s. 109 (3). Use of anything produced by municipality (4) A regulation under clause (1) (a) governing the contents of assessment reports or source protection plans may govern the use by the source protection committee of anything that is produced by a municipality pursuant to a provision in the terms of reference that requires the municipality to perform tasks set out in the terms of reference.  2006, c. 22, s. 109 (4). Remediation plans (5) A regulation under clause (1) (g) may require a risk management plan to contain provisions dealing with the remediation of adverse effects caused by the activity to which the plan relates.  2006, c. 22, s. 109 (5). Drinking water systems that serve reserves (6) A regulation may not be made under clause (1) (w) that prescribes, for the purpose of subclause 15 (2) (e) (iv), a drinking water system that serves or is planned to serve a reserve as defined in the Indian Act (Canada), unless the Minister has received a resolution of the council of the band, as defined in that Act, requesting that the Minister recommend to the Lieutenant Governor in Council the making of the regulation.  2006, c. 22, s. 109 (6). Regulations made under cl. (1) (x) (7) Without limiting clause (1) (x), a regulation under that clause may, (a)  provide for transitional matters respecting matters, applications and proceedings that were commenced before or after a source protection plan comes into effect; (b)  determine which matters, applications and proceedings shall be continued and disposed of in accordance with the source protection plan and which matters, applications and proceedings may be continued and disposed of as if the source protection plan had not come into effect; (c)  deem a matter, application or proceeding to have been commenced on the date or in the circumstances described in the regulation.  2006, c. 22, s. 109 (7). Section Amendments with date in force (d/m/y) CTS 30 JA 08 - 1 2009, c. 33, Sched. 15, s. 2 (12, 13) - 15/12/2009