34.6 (1) A permit shall not be issued or amended under section 34.1 so as to authorize the taking of water from a Great Lakes watershed if, (a)  any of the water would be transferred; and (b)  the new or increased transfer amount would be the threshold amount.  2007, c. 12, s. 1 (12). Exceptions (2) Subsection (1) does not apply to the following transfers: 1.  A transfer that satisfies the following criteria: i.  The portion of the new or increased transfer amount that is lost through consumptive use, A.  is always less than 19 million litres, or the lower amount prescribed by the regulations, per day, or B.  if a regulation is made prescribing the manner of calculating average amounts of water, is less than an average of 19 million litres, or the lower amount prescribed by the regulations, per day. ii.  The water is taken by the operating authority of a municipal drinking water system within the meaning of the Safe Drinking Water Act, 2002 and the system serves a major residential development within the meaning of that Act. iii.  The criteria described in paragraphs 1 to 7
of subsection (3) are satisfied. 2.  A transfer that satisfies the following criteria: i.  The portion of the new or increased transfer amount that is lost through consumptive use, A.  is always less than 19 million litres, or the lower amount prescribed by the regulations, per day, or B.  if a regulation is made prescribing the manner of calculating average amounts of water, is less than an average of 19 million litres, or the lower amount prescribed by the regulations, per day. ii.  The water is taken by the operating authority of a municipal drinking water system within the meaning of the Safe Drinking Water Act, 2002 or by any other person. iii.  It has been demonstrated that conservation of existing water supplies is not a feasible, environmentally sound and cost effective alternative to, A.  the transfer, in the case of a new transfer, or B.  the transfer of the additional amount, in the case of an increased transfer. iv.  There are no other feasible, environmentally sound and cost effective alternatives to, A.  the transfer, in the case of a new transfer, or B.  the transfer of the additional amount, in the case of an increased transfer. v.  The criterion described in paragraph 1 of subsection (3) is satisfied, or it is not feasible, environmentally sound or cost effective to satisfy that criterion. vi.  The criteria described in paragraphs 2 to 7 of subsection (3) are satisfied. vii.  Notice of the application for the permit or amendment has been given to the Province of Quebec, the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania in accordance with the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005. 3.  A transfer that satisfies the following criteria: i.  The portion of the new or increased transfer amount that is lost through consumptive use, A.  is at least 19 million litres, or the lower amount prescribed by the regulations, on any day, or B.  if a regulation is made prescribing the manner of calculating average amounts of water, is at least an average of 19 million litres, or the lower amount prescribed by the regulations, per day. ii.  It has been demonstrated that conservation of existing water supplies is not a feasible, environmentally sound and cost effective alternative to, A.  the transfer, in the case of a new transfer, or B.  the transfer of the additional amount, in the case of an increased transfer. iii.  There are no other feasible, environmentally sound and cost effective alternatives to, A.  the transfer, in the case of a new transfer, or B.  the transfer of the additional amount, in the case of an increased transfer. iv.  The criteria described in paragraphs 1 to 7 of subsection (3) are satisfied. v.  The requirements of subsection 34.1 (14) have been complied with.  2007, c. 12, s. 1 (12). Criteria (3) The criteria referred to in subparagraphs 1 iii, 2 v and vi and 3 iv of subsection (2) are: 1.  The new or increased transfer amount is returned, either naturally or after use, to the same Great Lakes watershed from which it was taken, except for an amount prescribed by the regulations that may be lost through consumptive use. 2.  The efficient use and conservation of existing water supplies cannot reasonably avoid, i.  the transfer, in the case of a new transfer, or ii.  the transfer of the additional amount, in the case of an increased transfer. 3.  The new or increased transfer amount is reasonable, given the purposes for which, i.  the transfer is done, in the case of a new transfer, or ii.  the transfer of the additional amount is done, in the case of an increased transfer. 4.  The transfer, in the case of a new transfer, or the transfer of the additional amount, in the case of an increased transfer, is implemented so as to ensure that it does not result in any significant individual or cumulative adverse impacts on the quantity or quality of the waters, or the water-dependent natural resources, of the Great Lakes-St. Lawrence River Basin, considering the potential cumulative impacts of any precedent-setting consequences associated with the transfer or the transfer of the additional amount, as the case may be. 5.  The transfer, in the case of a new transfer, or the transfer of the additional amount, in the case of an increased transfer, is implemented so as to incorporate feasible, environmentally sound and cost effective water conservation measures to minimize the taking of water and losses of water through consumptive use. 6.  The transfer is implemented so as to ensure that it complies with, i.  the Boundary Waters Treaty of 1909, ii.  the International Boundary Waters Treaty Act (Canada), and iii.  any other treaty, agreement or law that is prescribed by the regulations. 7.  The transfer, in the case of a new transfer, or the transfer of the additional amount, in the case of an increased transfer, is implemented so as to ensure that it complies with any other criteria that are prescribed by the regulations for the purpose of implementing Article 209 (Amendments to the Standard and Exception Standard and Periodic Assessment of Cumulative Impacts) of the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005, including criteria relating to climate change or other significant threats to the Great Lakes-St. Lawrence River Basin.  2007, c. 12, s. 1 (12). Assessment of cumulative impacts (4) If an assessment of cumulative impacts is prepared under Article 209 of the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005, the Minister shall publish the assessment in the environmental registry established under section 5 of the Environmental Bill of Rights, 1993 and invite members of the public to submit written comments to the Ministry on what actions should be taken by the Government of Ontario in response to the assessment, including comments on whether regulations should be made for the purpose of paragraph 7 of subsection (3) or under clause 75 (1.2) (b) and, if so, on the content of those regulations.  2007, c. 12, s. 1 (12). Climate change, etc. (5) When the Minister publishes an assessment under subsection (4), the Minister shall highlight the parts of the assessment that, in his or her opinion, give consideration to climate change and other significant threats to the waters of the Great Lakes-St. Lawrence River Basin.  2007, c. 12, s. 1 (12). Government response (6) After considering comments submitted under subsection (4), the Minister shall publish 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 assessment.  2007, c. 12, s. 1 (12). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (12)
- 01/01/2015 Terms and conditions re water transfer