75 (1) The Lieutenant Governor in Council may make regulations, (a)  Repealed:  1997, c. 7, s. 7 (1). (b)  requiring a person who owns, is in occupation or has the charge, management or control of a source of sewage to monitor, record and report on the sources of sewage including, but not limited to, materials and methods of production used and intended to be used, the wastes and sewage that will or are likely to be generated, the water or watercourse, water works, sewage works or plumbing that may be affected by the discharge of the sewage, and to perform and report to the Director on research respecting methods of reducing or preventing the generation of wastes and sewage from the sources of sewage; (c)-(e) Repealed:  1997, c. 7, s. 7 (1). (f)  prescribing the rate of interest for the purpose of paragraph 2 of subsection 64 (1); (g)  Repealed:  1997, c. 7, s. 7 (1). (h)  providing for the licensing of sewage works operators and prescribing the qualifications of persons to whom licences may be issued; (i)  prescribing standards of quality for water supplies, sewage and industrial waste effluents, receiving streams and water courses; (j)  specifying any matter or substance as sewage for the purposes of any section or sections of this Act or the regulations; (k)  prescribing operating standards for water works or sewage works; (l)-(n) Repealed:  1997, c. 7, s. 7 (2). (o)  Repealed:  1993, c. 23, s. 73 (46). (p)-(r) Repealed:  1997, c. 7, s. 7 (2). (s)  governing the management of water and sewage and prescribing requirements for water works and sewage works in relation to, (i)  planning, design, siting, public notification and consultation, establishment, insurance, facilities, staffing, operation, maintenance, monitoring, record-keeping, submission of reports to the Director and improvement, and (ii)  the closure of water works and sewage works; (t)  deeming an environmental compliance approval to exist in respect of any sewage works to which subsection 53 (1) would apply but for an exemption from the requirement to obtain an environmental compliance approval set out in a regulation; (u), (v)  Repealed:  1997, c. 7, s. 7 (4). (w)  respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.  R.S.O. 1990, c. O.40, s. 75 (1); 1993, c. 23, s. 73 (46, 47); 1997, c. 7, s. 7 (1-4); 2001, c. 9, Sched. G, s. 6 (30); 2007, c. 10, Sched. D, s. 2 (7-9); 2010, c. 16, Sched. 7, s. 3 (30). Regulations, water taking, general (1.1) The Lieutenant Governor in Council may make regulations, (a)  clarifying whether or not an activity is water taking as described in subsection 1 (7) or otherwise constitutes a water taking for the purposes of this Act; (b)  describing more specifically the boundaries of the Great Lakes-St. Lawrence River Basin, the Nelson Basin and the Hudson Bay Basin for the purposes of subsection 34.3 (1); (c)  requiring persons who take or use water, including persons who are not required to obtain a permit under this Act for a water taking, (i)  to monitor and report to the Director on the amounts of water taken or used and the rate at which it is taken or used, and (ii)  to provide to the Director other information that is related to the taking or use, as specified by the Director.  2007, c. 12, s. 1 (15). Regulations, water taking, ss. 34 to 34.11 (1.2) The Lieutenant Governor in Council may make regulations relating to sections 34 to 34.11, (a)  prescribing an amount of water for the purpose of paragraph 1 of subsection 34 (2); (b)  governing the implementation of the provisions listed in subsection (1.3) and, (i)  prescribing requirements that apply to the Director under section 34.1 for the purpose of implementing the provisions listed in subsection (1.3) and specifying which decisions of the Director that are subject to the prescribed requirements are also subject to sections 34.10 and 34.11, and (ii)  prescribing requirements that apply to the Director under section 47.5 of the Environmental Protection Act for the purpose of implementing the provisions listed in subsection (1.3) and specifying which decisions of the Director that are subject to the prescribed requirements are also subject, with necessary modifications, to sections 34.10 and 34.11; (c)  governing the manner in which quantities of water are determined for the purposes of sections 34 to 34.11, including, (i)  prescribing the manner of calculating average amounts of water, (ii)  requiring or authorizing the inclusion, in a quantity of water, of, (A)  quantities of water that were previously transferred from a Great Lakes watershed listed in subsection 34.5 (2) to another Great Lakes watershed listed in that subsection, (B)  quantities of water for which other applications have been made under section 34.1 for permits, or amendments to permits, that would authorize the transfer of water from a Great Lakes watershed listed in subsection 34.5 (2) to another Great Lakes watershed listed in that subsection, (C)  quantities of water that were previously taken from the Great Lakes-St. Lawrence River Basin, or (D)  quantities of water for which other applications have been made under section 34.1 for permits, or amendments to permits, that would authorize the taking of water from the Great Lakes-St. Lawrence River Basin; (d)  prescribing takings of water or classes of takings of water for the purposes of subsection 34 (3); (e)  prescribing terms and conditions for the purposes of subsection 34.1 (7); (f)  prescribing classes of persons for the purpose of subclause (b) (ii) of the definition of “related transferor” in subsection 34.5 (1); (g)  describing the Great Lakes watersheds listed in subsection 34.5 (2); (h)  governing the interpretation of subsections 34.6 (2) and (3) and, for that purpose, defining words and expressions used in those subsections; (i)  governing the determination of the amount of water that may be lost through consumptive use for different classes of water takings; (j)  prescribing an amount for the purpose of paragraph 1 of subsection 34.6 (3), including prescribing different amounts with respect to different classes of water takings; (k)  prescribing a treaty, agreement or law for the purpose of subparagraph 6 iii of subsection 34.6 (3); (l)  prescribing criteria for the purpose of paragraph 7 of subsection 34.6 (3); (m)  prescribing terms and conditions for the purposes of paragraph 2 of subsection 34.7 (1), and directing different terms and conditions to different holders or classes of holders; (n)  prescribing documents for the purposes of paragraph 3 of subsection 34.7 (9); (o)  governing decisions made by the Director under subsection 34.8 (1), including, (i)  prescribing circumstances in which the Director is required or authorized to deem the holder to currently be transferring an amount of water, and (ii)  prescribing methods of determining the amount of water that the holder is deemed to currently be transferring, including methods that take into account paragraph 1 of Article 207 (Applicability) of the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005; (p)  prescribing information for the purposes of subsection 34.8 (3); (q)  prescribing reciprocating jurisdictions for the purposes of section 34.9.  2007, c. 12, s. 1 (18); 2009, c. 12, Sched. H, s. 4 (1). Implementation of listed provisions (1.3) The provisions mentioned in clause (1.2) (b) are Articles 203 (The Decision-Making Standard for Management of Withdrawals and Consumptive Uses), 205 (Proposals Subject to Prior Notice), 209 (Amendments to the Standard and Exception Standard and Periodic Assessment of Cumulative Impacts) and 304 (Water Conservation and Efficiency Program) of the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005.  2007, c. 12, s. 1 (18). Connecting channels of Great Lakes watersheds (1.4) A regulation made under clause (1.2) (g) may describe the Great Lakes watersheds so that they overlap to include the upstream and downstream connecting channels of each Great Lake.  2007, c. 12, s. 1 (18). Regulations, efficient use of water (1.4.1) The Lieutenant Governor in Council may make regulations relating to section 34.12, (a)  prescribing appliances and products to which section 34.12 applies; (b)  prescribing water efficiency standards or requirements for the appliances or products prescribed under clause (a); (c)  regulating the installation, testing, maintenance and repair of appliances and products to which section 34.12 applies; (d)  designating persons or organizations to test appliances and products to which section 34.12 applies; (e)  providing for the placing of a label or mark prescribed by the regulations on or with appliances and products that conform to the prescribed standards; (f)  prescribing the contents of labels or marks that may be placed on or with appliances and products to which section 34.12 applies; (g)  prescribing fees that may be charged by designated persons or organizations for the testing and labelling of appliances and products to which section 34.12 applies; (h)  providing for information to be reported by persons who manufacture, offer for sale, sell or lease appliances or products to which section 34.12 applies, including the frequency, time and manner for reporting; (i)  governing the keeping of information, records and documents by persons who manufacture, offer for sale, sell or lease appliances or products to which section 34.12 applies; (j)  prescribing dates for the purposes of clause 34.12 (4) (a).  2010, c. 19, Sched. 5, s. 2. Regulations, charges (1.5) The Lieutenant Governor in Council may make regulations establishing and governing charges to promote the conservation, protection and management of Ontario’s waters and their efficient and sustainable use, or to recover costs the Government of Ontario incurs for that purpose in the administration of this or any other Act, including, (a)  prescribing the classes of persons who are required to pay the charges; (b)  prescribing methods for determining the amounts of the charges; (c)  prescribing the manner and timing of payment of the charges; (d)  governing the consequences of failing to pay the charges within the required time, including, (i)  requiring the payment of interest and late payment penalties, and prescribing how the amounts of interest and late payment penalties are determined, (ii)  authorizing the Director to suspend, by order, any licence, permit or approval that has been issued to the person under this Act, or any renewable energy approval that has been issued to the person under the Environmental Protection Act, until the charges, and any interest and late payment penalties, are paid, (iii)  authorizing the Director to refuse to issue any licence, permit or approval to the person under this Act, or to refuse to issue a renewable energy approval to the person under the Environmental Protection Act, until the charges, and any interest and late payment penalties, are paid; (e)  governing the refund of the charges; (f)  governing any other matter necessary for the administration of the charges.  2007, c. 12, s. 1 (19); 2009, c. 12, Sched. H, s. 4 (2, 3). Same (1.6) A regulation under subsection (1.5) shall not require a person to pay a charge in respect of water unless, (a)  the person uses the water for commercial or industrial purposes; or (b)  the person takes or distributes the water, a permit is required under section 34 to take the water, and another person uses the water for commercial or industrial purposes.  2007, c. 12, s. 1 (19). Water quality trading (1.7) The Lieutenant Governor in Council may make regulations establishing and governing water quality trading, including, (a)  prescribing areas of Ontario to which water quality trading applies; (b)  prescribing water quality parameters to which water quality trading applies; (c)  prescribing persons or classes of persons to whom water quality trading applies; (d)  governing the creation, retirement and trading of water quality instruments such as allowances, credits or offsets; (e)  prescribing requirements that must be met by persons to whom water quality trading applies, including requirements related to the discharge, monitoring and reporting of water quality parameters; (f)  designating a person or body to administer water quality trading; (g)  governing any other matter necessary for the administration of water quality trading.  2008, c. 23, s. 30. Same, application to persons (1.8) Persons prescribed by a regulation made under clause (1.7) (c) need not be located in an area prescribed under clause (1.7) (a).  2008, c. 23, s. 30. Same, report (1.9) A regulation made under subsection (1.7) shall not make water quality trading applicable to any area of Ontario for a water quality parameter unless, before or after subsection (1.7) comes into force, (a)  the Minister prepares a report on the use of water quality trading in that area for that parameter; (b)  the report considers, (i)  the feasibility of water quality trading in that area for that parameter, including an assessment of the potential for water quality trading to improve water quality in the area, and (ii)  how the matters referred to in clauses (1.7) (c), (d) and (e) should be dealt with in a regulation made under subsection (1.7) if a decision is made to make water quality trading applicable in that area for that parameter; (c)  the report is published in the environmental registry established under section 5 of the Environmental Bill of Rights, 1993 and members of the public are invited to submit written comments to the Ministry on what actions should be taken by the Government of Ontario in response to the report; (d)  after considering comments submitted under clause (c), the Minister publishes a statement in the environmental registry established under section 5 of the Environmental Bill of Rights, 1993
that summarizes the actions that the Government of Ontario intends to take in response to the report; and (e)  after publishing the statement under clause (d), notice of a proposal to make the regulation is given under sections 16 and 27 of the Environmental Bill of Rights, 1993 and the notice includes a statement describing how the comments submitted under clause (c) were taken into account in designing the proposal.  2008, c. 23, s. 30. Same, subdelegation (1.10) A regulation under subsection (1.7) may authorize a person or body to prescribe, govern, designate or otherwise determine any matter that may be prescribed, governed, designated or otherwise determined by the Lieutenant Governor in Council under subsection (1.7), other than a matter described in clause (1.7) (a) or (b).  2009, c. 33, Sched. 15, s. 8 (7). Wells (2) The Lieutenant Governor in Council may make regulations relating to sections 35 to 50, (a)  designating areas for the purpose of section 36; (b), (c)  Repealed:  1997, c. 7, s. 7 (5). (d)  prescribing information, samples and reports that persons constructing wells shall provide during and upon completion of the constructing of the wells and specifying to whom the information, samples and reports shall be provided; (e)  prescribing procedures that shall be followed during and upon completion of the constructing of wells by the persons who construct the wells; (f)  prescribing terms that shall be deemed to be part of every contract for the construction of a well; (g)  prescribing and requiring the use of signs, markings and other identification of vehicles, machines and equipment used in the construction of wells; (h)-(j) Repealed:  1997, c. 7, s. 7 (5). (k)  prescribing standards for the construction, use, maintenance, cleaning, testing, disinfecting and decontamination of wells and requiring compliance with such standards; (l)  prescribing circumstances in which wells shall be abandoned and requiring their abandonment in such circumstances; (m)  prescribing standards to be complied with when wells are abandoned and requiring compliance with such standards; (n)  Repealed:  1997, c. 7, s. 7 (5). (o)  prescribing and requiring the use of methods of obtaining information to be included in records and returns of information; (p)  respecting the examination of applicants for well contractor licences and well technician licences and renewals thereof; (q)  prescribing requirements and standards of qualification for well contractor licences and well technician licences; (r)  prescribing or approving work experience for qualification for well technician licences; (s)-(v) Repealed:  1997, c. 7, s. 7 (5). (w)  requiring persons engaged in the business of constructing wells to carry insurance or furnish bonds or both and fixing the amount, type, form and particulars of the insurance or bond. (x)  Repealed:  1997, c. 7, s. 7 (5). R.S.O. 1990, c. O.40, s. 75 (2); 1997, c. 7, s. 7 (5); 2001, c. 9, Sched. G, s. 6 (31). (3) Repealed:  1992, c. 23, s. 39 (3). (4), (5) Repealed:  1997, c. 7, s. 7 (6). (6) Repealed:  1992, c. 23, s. 39 (4). (7)-(12) Repealed:  1993, c. 23, s. 73 (48). Section Amendments with date in force (d/m/y) 1992, c. 23, s. 39 (3, 4) - 01/07/1993; 1993, c. 23, s. 73 (46, 48) - 15/11/1993; 1997, c. 7, s. 7 (1-6) - 05/06/1997 2001, c. 9, Sched. G, s. 6 (30, 31) - 29/06/2001 2007, c. 10, Sched. D, s. 2 (7-9) - 04/06/2007; 2007, c. 12, s. 1 (15, 16) - 04/06/2007; 2007, c. 12, s. 1 (17, 18) - 01/01/2015; 2007, c. 12, s. 1 (19)
- 01/09/2007 2008, c. 23, s. 30
- 01/07/2017 2009, c. 12, Sched. H, s. 4 (1) - 01/01/2015; 2009, c. 12, Sched. H, s. 4 (2, 3) - 24/09/2009; 2009, c. 33, Sched. 15, s. 8 (7) - 15/12/2009 2010, c. 16, Sched. 7, s. 3 (30) - 31/10/2011; 2010, c. 19, Sched. 5, s. 2 - 29/11/2010