34 (1) Despite any other Act but subject to section 47.3 of the Environmental Protection Act, a person shall not take more than 50,000 litres of water on any day by any means except in accordance with a permit issued under section 34.1.  2007, c. 12, s. 1 (8); 2009, c. 12, Sched. H, s. 1 (2). Exceptions (2) Subsection (1) does not apply to the following takings of water: 1.  The taking of water for domestic purposes, other than by a municipal drinking water system within the meaning of the Safe Drinking Water Act, 2002 or by a company public utility, as long as the amount of water taken, i.  is always less than 379,000 litres, or the lower amount that is prescribed by the regulations, per day, or ii.  if a regulation is made prescribing the manner of calculating average amounts of water, is less than an average of 379,000 litres, or the lower amount that is prescribed by the regulations, per day. 2.  The taking of water by any person for the watering of livestock or poultry, as long as water is not taken into storage for that purpose and the amount of water taken, i.  is always less than 379,000 litres per day, or ii.  if a regulation is made prescribing the manner of calculating average amounts of water, is less than an average of 379,000 litres per day. 3.  The taking of water for firefighting or other emergency purposes. 4.  The taking of water for the purpose of constructing or operating a dam within the meaning of the Lakes and Rivers Improvement Act if the dam is associated with the production of electricity. 2007, c. 12, s. 1 (8); 2019, c. 14, Sched. 8, s. 33. Additional exceptions (3) Subsection (1) does not apply to the following takings of water unless they are prescribed by the regulations: 1.  A taking of water by means of a well that was constructed before March 30, 1961 and was not reconstructed, improved, deepened, altered or replaced on or after that date. 2.  A taking of water by means of an intake from a surface source of supply, if the intake was installed before March 30, 1961 and was not reinstalled, reconstructed, improved, extended, altered or replaced on or after that date. 3.  A taking of water by means of a structure or works for the diversion or storage of water, if the structure or works was constructed before March 30, 1961 and was not reconstructed, improved, extended, altered or replaced on or after that date. 4.  A taking of water by any combination of the means referred to in paragraphs 1, 2 and 3.  2007, c. 12, s. 1 (8). Exception, application for permit (4) When a person takes water by a means described in subsection (3) and the water taking is prescribed by the regulations, subsection (1) does not apply to the person if the person has applied for a permit under section 34.1 and the application has not yet been finally disposed of.  2007, c. 12, s. 1 (8). Director’s prohibition (5) Despite any other Act and despite subsections (1), (2) and (3) and any regulation made under this Act, the Director may, by order, prohibit any person from taking water by any means except in accordance with a permit issued under section 34.1, if the Director is of the opinion that the prohibition is necessary for the purpose of this Act.  2007, c. 12, s. 1 (8). Transition (6) A permit issued under this section before the coming into force of subsection 1 (8) of the Safeguarding and Sustaining Ontario’s Water Act, 2007 is deemed, for the purpose of subsection (1), to have been issued under section 34.1.  2007, c. 12, s. 1 (8). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (7)
- 04/06/2007; 2007, c. 12, s. 1 (8)
- 01/01/2015 2009, c. 12, Sched. H, s. 1 (1) - 24/09/2009; 2009, c. 12, Sched. H, s. 1 (2) - 01/01/2015 2019, c. 14, Sched. 8, s. 33 - 10/12/2019