1 (1) In this Act, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2019, c. 14, Sched. 8, s. 30 (1)) “administrative penalty” means a penalty imposed under section 106.1 or 106.3; (“pénalité administrative”) “Agency” means the Ontario Clean Water Agency; (“Agence”) “analyst” means an analyst appointed under the Environmental Protection Act; (“analyste”) “borrowings of the Commission” includes all loans raised by the Commission by the issue of debentures or otherwise and all advances from the Province to the Commission; (“emprunts de la Commission des ressources en eau”) “Commission” means the Ontario Water Resources Commission; (“Commission des ressources en eau”) “construction” includes reconstruction, improvement, extension, alteration, replacement and repairs, and “construct” has a corresponding meaning; (“construction”) “cost” means, (a)  in relation to a project under an agreement entered into before the 1st day of April, 1974, the cost thereof as determined by the Minister of the Environment and includes interest during construction and such engineering fees and other charges and expenses in connection with construction as the Minister of the Environment may determine, and such proportion of discounts, commissions and other charges and expenses in respect of the issue of debentures by the Crown as the Minister of the Environment in his or her discretion may allocate to the project, or (b)  in relation to a project under an agreement entered into on or after the 1st day of April, 1974, the cost thereof as determined by the Minister of the Environment and includes such engineering fees and other charges and expenses in connection with construction as the Minister of the Environment may determine and such financing costs applicable to the project as the Minister of Finance may determine and the Minister of the Environment in his or her discretion may allocate to the project; (“coût”) “Crown” means Her Majesty the Queen in right of Ontario; (“Couronne”) “date of completion” of a project means the date that is certified by the Minister as being the date on which the project is completed to the extent necessary to enable the Minister to supply water or to receive, treat and dispose of sewage, as the case may be; (“date d’achèvement”) “debentures” includes bonds, notes and other securities; (“débentures”) “Director” means a Director appointed under section 5; (“directeur”) “discharge”, when used as a verb, includes add, deposit, emit or leak and, when used as a noun, includes addition, deposit, emission or leak; (“rejet”, “rejeter”) “document” includes a sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account and information recorded or stored by means of any device; (“document”) “environmental compliance approval” means an approval issued under Part II.1 of the Environmental Protection Act; (“autorisation environnementale”) “environmental penalty” means a penalty imposed under section 106.1; (“pénalité environnementale”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “environmental penalty” in subsection 1 (1) of the Act is repealed. (See: 2019, c. 14, Sched. 8, s. 30 (2)) “fiduciary” means an executor, administrator, administrator with the will annexed, trustee, guardian of property or attorney for property, but does not include a trustee in bankruptcy or trustee in bankruptcy representative; (“représentant fiduciaire”) “fiduciary representative” means, with respect to a fiduciary, an officer, director, employee or agent of the fiduciary, or a lawyer, consultant or other advisor of the fiduciary who is acting on behalf of the fiduciary; (“représentant d’un représentant fiduciaire”) “Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005” means the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement dated December 13, 2005 and signed by the Premiers of Ontario and Quebec and the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin; (“Entente de 2005 sur les ressources en eaux durables du bassin des Grands Lacs et du fleuve Saint-Laurent”) “holder”, when used in reference to a licence, permit or approval, means a person who is bound by the licence, permit or approval; (“titulaire”) “inspection” includes an audit, examination, survey, test and inquiry; (“inspection”) “justice” means a provincial judge or a justice of the peace; (“juge”) “land” includes any estate, term, easement, right or interest in, to, over or affecting land; (“bien-fonds”) “Minister” means the Minister of the Environment; (“ministre”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Minister” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2019, c. 14, Sched. 8, s. 30 (3)) “Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of the Environment; (“ministère”) “municipality” includes a local board, as defined in the Municipal Affairs Act, and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in an unorganized township or unsurveyed territory;  (“municipalité”) “municipal representative” means, with respect to a municipality, an officer, employee or agent of the municipality, or a lawyer, consultant or other advisor of the municipality who is acting on behalf of the municipality; (“représentant municipal”) “natural environment” has the same meaning as in the Environmental Protection Act; (“environnement naturel”) “owner” means a municipality or person having authority to construct, maintain, operate, repair, improve or extend water works or sewage works; (“propriétaire”) “person” includes a municipality; (“personne”) “place” includes a building, structure, machine, vehicle or vessel; (“lieu”) “project” means water works or sewage works provided for in an agreement under section 63; (“ouvrage”) “Province” means the Province of Ontario; (“province”) “provincial officer” means a person who is designated under section 5; (“agent provincial”) “receiver” means a person who has been appointed to take or who has taken possession or control of property pursuant to a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege or pursuant to an order of a court, and includes a receiver-manager and an interim receiver; (“séquestre”) “receiver representative” means, with respect to a receiver, an officer, director, employee or agent of the receiver, or a lawyer, consultant or other advisor of the receiver who is acting on behalf of the receiver; (“représentant d’un séquestre”) “regulated person” means, (a)  a person who belongs to a class of persons prescribed by the regulations and who holds or is required to hold, (i)  an approval, licence or permit under this Act, or (ii)  an environmental compliance approval, certificate of property use, licence or permit under the Environmental Protection Act, (b)  a person who has registered or is required to register an activity under subsection 20.21 (1) of the Environmental Protection Act, or (c)  a corporation that belongs to a class of corporations prescribed by the regulations; (“personne réglementée”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “regulated person” in subsection 1 (1) of the Act is repealed. (See: 2019, c. 14, Sched. 8, s. 30 (4)) “regulations” means the regulations made under this Act; (“règlements”) “secured creditor” means a person who holds a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege on or against property, but does not include a person who has taken possession or control of the property; (“créancier garanti”) “secured creditor representative” means, with respect to a secured creditor, an officer, director, employee or agent of the secured creditor, or a lawyer, consultant or other advisor of the secured creditor who is acting on behalf of the secured creditor; (“représentant d’un créancier garanti”) “sewage” includes drainage, storm water, commercial wastes and industrial wastes and such other matter or substance as is specified by the regulations; (“eaux d’égout”) “sewage works” means any works for the collection, transmission, treatment and disposal of sewage or any part of such works, but does not include plumbing to which the Building Code Act, 1992
applies; (“station d’épuration des eaux d’égout”) “Tribunal” means the Ontario Land Tribunal; (“Tribunal”) “trustee in bankruptcy representative” means, with respect to a trustee in bankruptcy, an officer, director, employee or agent of the trustee in bankruptcy, or a lawyer, consultant or other advisor of the trustee in bankruptcy who is acting on behalf of the trustee in bankruptcy; (“représentant d’un syndic de faillite”) “waters” means a well, lake, river, pond, spring, stream, reservoir, artificial watercourse, intermittent watercourse, ground water or other water or watercourse; (“eaux”) “water distribution system” means a part of a water treatment or distribution system that distributes water, if that part of the system includes one or more water works; (“système de distribution de l’eau”) “water treatment or distribution system” means a system for collecting, producing, treating, storing, supplying or distributing water that includes one or more water works; (“système de traitement ou de distribution de l’eau”) “water works” means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing to which the Building Code Act, 1992 applies; (“station de purification de l’eau”) “well” means a hole made in the ground to locate or to obtain ground water or to test or to obtain information in respect of ground water or an aquifer, and includes a spring around or in which works are made or equipment is installed for collection or transmission of water and that is or is likely to be used as a source of water for human consumption. (“puits”) R.S.O. 1990, c. O.40, s. 1; 1992, c. 23, s. 39 (1); 1993, c. 23, s. 73 (1, 2); 1998, c. 35, s. 44; 2000, c. 22, s. 2 (1); 2000, c. 26, Sched. E, s. 5; 2000, c. 26, Sched. F, s. 13 (1, 2); 2001, c. 9, Sched. G, s. 6 (1-5); 2001, c. 17, s. 5 (1); 2002, c. 17, Sched. F, Table; 2005, c. 12, s. 2 (1, 2); 2007, c. 12, s. 1 (2); 2009, c. 19, s. 70 (1); 2010, c. 16, Sched. 7, s. 3 (1, 2); 2017, c. 23, Sched. 5, s. 73; 2021, c. 4, Sched. 6, s. 77 (2). Health or safety (2) For the purposes of this Act, a danger to existing water supplies that are used for human consumption shall be deemed to be a danger to the health or safety of persons. 2001, c. 17, s. 5 (2). Deemed impairment (3) For the purposes of this Act, the quality of water shall be deemed to be impaired by the discharge of material if the material or a derivative of the material enters or may enter the water, directly or indirectly, and, (a)  the material or derivative causes or may cause injury to or interference with any living organism that lives in or comes into contact with, (i)  the water, or (ii)  soil or sediment that is in contact with the water; (b)  the material or derivative causes or may cause injury to or interference with any living organism as a result of it using or consuming, (i)  the water, (ii)  soil or sediment that is in contact with the water, or (iii)  any organism that lives in or comes into contact with the water or soil or sediment that is in contact with the water; (c)  the material or derivative causes or may cause a degradation in the appearance, taste or odour of the water; (d)  a scientific test that is generally accepted as a test of aquatic toxicity indicates that the material or derivative, in diluted or undiluted form, is toxic; (e)  peer-reviewed scientific publications indicate that the material or derivative causes injury to or interference with organisms that are dependent on aquatic ecosystems; or (f)  the material or derivative has a prescribed characteristic or is a prescribed material. 2005, c. 12, s. 2 (3). Same (4) For the purposes of this Act, water shall be deemed to be impaired if the quality of the water is deemed to be impaired. 2005, c. 12, s. 2 (3). Same (5) Subsections (3) and (4) apply to all water, including the water of any water, watercourse or other waters. 2005, c. 12, s. 2 (3). Consumptive use (6) For the purposes of this Act, if water is taken from a water basin described in subsection 34.3 (1), the portion that, as a result of evaporation, incorporation in a product or any other process, is not returned to that basin is lost through consumptive use. 2007, c. 12, s. 1 (3). Water taking (7) For the purposes of this Act, a reference to water taking includes water taking by means of, (a)  a well; (b)  an intake from a surface source of supply; (c)  a structure or works constructed for the diversion or storage of water; or (d)  any combination of the means referred to in clauses (a), (b) and (c). 2007, c. 12, s. 1 (3). Section Amendments with date in force (d/m/y) 1992, c. 23, s. 39 (1) - 01/07/1993; 1993, c. 23, s. 73 (1) - 15/11/1993; 1998, c. 35, s. 44 - 01/02/1999 2000, c. 22, s. 2 (1)
- 21/11/2000; 2000, c. 26, Sched. E, s. 5 - 06/12/2000; 2000, c. 26, Sched. F, s. 13 (1, 2) - 06/12/2000 2001, c. 9, Sched. G, s. 6 (1-5) - 29/06/2001; 2001, c. 17, s. 5 (1, 2)
- 01/12/2002 2002, c. 17, Sched. F, Table - 01/01/2003 2005, c. 12, s. 2 (1, 2)
- 01/08/2007; 2005, c. 12, s. 2 (3)
- 13/06/2005 2007, c. 12, s. 1 (2, 3)
- 04/06/2007 2009, c. 19, s. 70 (1)
- 01/01/2010 2010, c. 16, Sched. 7, s. 3 (1, 2) - 31/10/2011 2017, c. 23, Sched. 5, s. 73 - 03/04/2018 2019, c. 14, Sched. 8, s. 30 (1-4) - not in force 2021, c. 4, Sched. 6, s. 77 (2) - 01/06/2021