34.0.1 (1) A person to whom this section applies shall not make an application under section 34.1 for a permit to take ground water for the purpose of producing bottled water, or to increase the amount of ground water the person is permitted to take for the purpose of producing bottled water, unless the person, (a)  has requested the council of the local host municipality to pass a municipal council resolution supporting the proposed ground water taking; and (b)  having made the request, is permitted to proceed with the application under this section. 2020, c. 34, Sched. 17, s. 1. Application of section (2) This section applies to a person who intends to take a total of 379,000 litres or more of ground water per day from one or more locations in the local host municipality for the purpose of producing bottled water, whether under a new permit or by increasing the amount the person is entitled to take pursuant to an existing permit. 2020, c. 34, Sched. 17, s. 1. Making request (3) A person who makes a request to the council of a local host municipality under this section, (a)  shall give the request to the council together with a description of the proposed ground water taking, including, (i)  the location of the ground water taking, (ii)  the amount of ground water the applicant would be authorized to take if the application under section 34.1 is granted, and (iii)  any technical studies that would support the application; and (b)  shall give the Director notice of the request together with the information described in subclauses (a) (i) and (ii). 2020, c. 34, Sched. 17, s. 1. Resolutions (4) The council of a local host municipality that receives a request under this section may pass a municipal council resolution, (a)  supporting the application; or (b)  objecting to the application. 2020, c. 34, Sched. 17, s. 1. Copy of resolution (5) The council of a local host municipality that passes a municipal council resolution under this section shall give a copy of the resolution to the person making the request and to the Director. 2020, c. 34, Sched. 17, s. 1. Where support (6) Where the council of a local host municipality has passed a municipal council resolution under clause (4) (a) supporting the application, the person who made the request may proceed with the application under section 34.1. 2020, c. 34, Sched. 17, s. 1. Where objection (7) Where the council of a local host municipality has passed a municipal council resolution under clause (4) (b) objecting to the application, the person who made the request may not proceed with the application under section 34.1, subject to subsection (8). 2020, c. 34, Sched. 17, s. 1. Where objection withdrawn (8) Where the council of a local host municipality has passed a municipal council resolution under clause (4) (b) objecting to an application, then passes a subsequent resolution withdrawing the objection, the person who made the request may proceed with the application under section 34.1. 2020, c. 34, Sched. 17, s. 1. Where support withdrawn (9) Where the council of a local host municipality has passed a municipal council resolution supporting an application, then passes a subsequent resolution withdrawing the support, the person making the request is not prohibited from proceeding with the application under section 34.1, but the Director may take the withdrawal of support into account in considering the application. 2020, c. 34, Sched. 17, s. 1. Where objection reinstated (10) Subsection (9) applies with necessary modification where the council of a local host municipality withdraws its objection to an application and then subsequently passes another municipal council resolution to again object to the application. 2020, c. 34, Sched. 17, s. 1. Where no resolution (11) If the council of a local host municipality does not pass a municipal council resolution under subsection (4) within 12 months of being given a request under this section, the person who made the request may proceed with the application under section 34.1. 2020, c. 34, Sched. 17, s. 1. Duration of effect (12) Where a municipal council resolution has been passed under this section supporting an application or withdrawing an objection to an application and the person making the request has not applied under section 34.1 within five years from the date of passage, the person making the request may not proceed with the application unless they comply with all of the requirements of this section as if the first request had never been made. 2020, c. 34, Sched. 17, s. 1. Regulations (13) The Lieutenant Governor in Council may make regulations clarifying and governing the application of this section. 2020, c. 34, Sched. 17, s. 1. Not in public utilities sphere (14) For greater certainty, a municipal council resolution described in this section is not a matter that falls within item 4f of the public utilities sphere of jurisdiction in the Table to section 11 of the Municipal Act, 2001. 2020, c. 34, Sched. 17, s. 1. Definitions (15) In this section, “bottled water” means potable water that is intended for human consumption and that is packaged in bottles or other portable containers; (“eau embouteillée”) “local host municipality” means the local municipality where the taking of ground water or increased taking of ground water for the purpose of producing bottled water would take place; (“municipalité locale hôte”) “local municipality” has the meaning assigned to it by subsection 1 (1) of the Municipal Act, 2001. (“municipalité locale”) 2020, c. 34, Sched. 17, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 17, s. 1 - 01/04/2021 Permits