jswizzle3737/ontario_laws_and_regs huggingface dataset:
Notice of designated activities, land uses and areas
 39. A draft of a proposed source protection plan that is published under section 41 shall not designate any activity, land use or area under paragraph 1, 2 or 3 of subsection 22 (3) of the Act if the designation would make a council of a municipality responsible for the enforcement of Part IV of the Act with respect to the activity or land use in a wellhead protection area or a surface water intake protection zone unless, before publication, the source protection committee, (a)  provides notice of the proposed designation to the municipality; (b)  provides the draft wording of the proposed designation to the municipality; (c)  provides a summary of the reasons for the proposed designation to the municipality; (d)  requests written comments on the proposed designation from the municipality; and (e)  considers the comments received, if any, from the municipality.  O. Reg. 246/10, s. 12.
Submission of proposed source protection plan to source protection authority
 42. (1) When the source protection committee submits the proposed source protection plan to the source protection authority under subsection 22 (16) of the Act, it shall give the authority, (a)  a summary of any concerns that were raised by bands during the preparation of the proposed source protection plan and that were not resolved to the satisfaction of the bands; and (b)  a summary of any concerns that were raised by municipalities during the preparation of the proposed source protection plan and that were not resolved to the satisfaction of the municipalities.  O. Reg. 246/10, s. 12. (2) The source protection authority shall, at the same time, (a)  publish the proposed source protection plan on the Internet; and (b)  publish notice of the plan on the Internet inviting the public to submit written comments on the plan within 30 days after publishing the notice.  O. Reg. 246/10, s. 12. (3) The source protection authority shall give notice of the proposed source protection plan by mail, e-mail, fax or personal service to, (a)  every clerk of a municipality referred to in clause 23 (a) of the Act; (b)  every chief of a band to whom notice was required to be given under subclause 41 (2) (c) (ii); and (c)  every person who submitted written comments on the draft of the proposed source protection plan in accordance with a notice given under clause 41 (2) (c).  O. Reg. 246/10, s. 12. (4) The source protection authority shall give the chief of a band referred to in clause (3) (b) a copy of the proposed source protection plan and the summary referred to in clause (1) (a).  O. Reg. 246/10, s. 12. (5) The notice referred to in clauses (3) (a) and (b) shall invite written comments on the proposed source protection plan to be submitted within 30 days after the plan is published on the Internet or, if the source protection authority determines that a longer period is necessary for the purposes of providing the comments, within the time period specified in the notice by the authority.  O. Reg. 246/10, s. 12.
Submission of explanatory document to source protection authority
 43. (1) The source protection committee shall submit the explanatory document prepared under section 40 of this Regulation to the source protection authority when the proposed source protection plan is submitted to the authority under subsection 22 (16) of the Act.  O. Reg. 246/10, s. 12. (2) Before submitting the explanatory document to the source protection authority under subsection (1), the source protection committee shall, (a)  update the explanatory document to reflect any changes made to the draft of the proposed source protection plan; and (b)  include in the explanatory document a brief explanation of the effect, if any, of comments received during consultation on the proposed source protection plan under section 41 on the development of the plan.  O. Reg. 246/10, s. 12.
Submission of proposed source protection plan to Minister
 44. When the source protection authority submits the proposed source protection plan to the Minister under section 25 of the Act, it shall, (a)  give the Minister the summaries of concerns referred to in subsection 42 (1) of this Regulation; and (b)  give the source protection committee copies of any comments referred to in clause 25 (a) or (b) of the Act and a copy of any resolutions referred to in clause 25 (c) of the Act.  O. Reg. 246/10, s. 12.
Submission of explanatory document to Minister
 45. (1) The source protection authority shall submit the explanatory document received under section 43 of this Regulation to the Minister when the proposed source protection plan is submitted under section 25 of the Act or when the plan is resubmitted under subclause 29 (1) (b) (ii) of the Act.  O. Reg. 246/10, s. 12. (2) If the Minister requires any amendments to a source protection plan under subclause 29 (1) (b) (i) of the Act or considers any amendments appropriate under clause 29 (2) (b) of the Act, the explanatory document shall be updated to reflect those amendments.  O. Reg. 246/10, s. 12.
Time limit for submitting proposed source protection plan to Minister
 46. The source protection authority shall submit the proposed source protection plan to the Minister and take the other steps that are required to comply with section 25 of the Act not later than the fifth anniversary of the appointment of the first chair of the source protection committee.  O. Reg. 246/10, s. 12.
Notice of hearing
 47. (1) A notice given under clause 28 (2) (b) of the Act shall be given by mail, e-mail, fax or personal service.  O. Reg. 246/10, s. 12. (2) For the purposes of giving notice under clause 28 (2) (b) of the Act, the following persons and public bodies are prescribed: 1.  The chair of the source protection committee. 2.  If the source protection authority is a conservation authority, the source protection authority’s general manager or chief administrative officer. 3.  If the source protection authority is not a conservation authority, the person who oversees the operation of the source protection authority. 4.  If a municipality is located in the source protection area and, in the opinion of the hearing officer is affected by the matter that is referred to a hearing, the clerk of that municipality. 5.  If any part of the reserve of a band is included in the source protection area, the chief of the band. 6.  If any part of the area of the Niagara Escarpment Plan is located in the source protection area and, in the opinion of the hearing officer, is affected by the matter that is referred to a hearing, the chair of the Niagara Escarpment Commission. 7.  If a planning board has jurisdiction in any part of the source protection area and, in the opinion of the hearing officer, is affected by the matter that is referred to a hearing, the secretary-treasurer of the planning board. 8.  Having regard to the matter for which the hearing officer has been appointed by the Minister under subsection 28 (1) of the Act, any person or body that the hearing officer reasonably believes has an interest in the matter.  O. Reg. 246/10, s. 12.
Updating, explanatory document
 49. If a source protection plan is amended under section 34 or 35 of the Act or subsection 51 (1) of this Regulation, the explanatory document shall be updated to reflect the amendment and the updated portion of the document shall be submitted to the Minister under subsection 34 (4) or 35 (7) of the Act, as the case may be, with the amendment.  O. Reg. 246/10, s. 12.
Typographical and other changes
 51. (1) Subsections 34 (2) to (5) and 35 (4) to (8) of the Act and section 50 of this Regulation do not apply to the following amendments to a source protection plan: 1.  An amendment that is made to correct a clerical, grammatical or typographical error. 2.  An amendment that is made to alter the style or presentation of text or graphics in order to improve electronic or print presentation. 3.  If the source protection plan contains a provision that is contingent on the occurrence of a future event and the event occurs, an amendment that is made to remove the text referring to the contingency and to make any related changes. 4.  An amendment that is made to change references to a name, title, location or address if the name, title, location or address of a body, office, person, place or thing has changed. 5.  An amendment that is made to correct errors in the numbering of provisions of the source protection plan and any related changes in cross-references. 6.  An amendment that is made to correct errors, if it is patent that an error has been made and what the correction should be. 7.  An amendment to update the assessment report portion of the source protection plan to reflect the results of a risk assessment accepted under subsection 60 (2) of the Act. 8.  An amendment that is made to a source protection plan to account for the discontinuation of the use of a well or surface water intake related to a drinking water system that is referred to in the source protection plan. 9.  An amendment that is made to a source protection plan to account for a change in the terminology used in the Tables of Drinking Water Threats. O. Reg. 246/10, s. 12; O. Reg. 206/18, s. 5 (1). (2) If an amendment described in subsection (1) is made, the source protection authority shall, (a)  publish the amended source protection plan and a notice describing the amendment on the Internet as soon as reasonably possible after the amendment is made; and (b)  give a copy of the notice referred to in clause (a) to the Director and to every person or body responsible for implementing a policy that is affected by the amendment. O. Reg. 206/18, s. 5 (2). (3) Sections 21, 29, 30 and subsection 34 (5) apply, with necessary modifications, to an amendment to a source protection plan under subsection (1) of this section. O. Reg. 206/18, s. 5 (2). (4) In this section, “Tables of Drinking Water Threats” means the document published by and available from the Ministry entitled “Tables of Drinking Water Threats: Clean Water Act, 2006” and dated November 20, 2008, as amended from time to time. O. Reg. 206/18, s. 5 (2).
Annual progress reports
 52. (1) The following information is prescribed for the purposes of clause 46 (1) (d) of the Act: 1.  If the source protection plan sets out a policy that specifies a date by which a particular action shall be taken by a person or body, and the person or body fails to take that action by that date, a description of the failure and the reasons for the failure. 2.  A description of any steps taken during the reporting period to address any deficiencies in the information that was used in developing the assessment report set out in the source protection plan. 3.  A summary of the report prepared and submitted by the risk management official under section 81 of the Act for the same calendar year to which the report under section 46 of the Act applies. 4.  Any other information that the source protection authority considers advisable.  O. Reg. 246/10, s. 12. (2) Each report required by section 46 of the Act applies to a calendar year.  O. Reg. 246/10, s. 12. (3) Despite subsection (2), the first report applies to the period beginning on the day the plan takes effect and ending on December 31 of the second calendar year following the year in which the plan takes effect.  O. Reg. 246/10, s. 12. (4) Each report shall be submitted to the Director by May 1 in the year following the year to which the report applies.  O. Reg. 246/10, s. 12. (5) If the Director approves a form to be used for reports prepared under section 46 of the Act, a report shall be in that form.  O. Reg. 246/10, s. 12. (6) If the Director provides the source protection authority with computer software or directs the authority to use a specified computer software for the purpose of preparing a report under section 46 of the Act, the report shall be prepared using the software.  O. Reg. 246/10, s. 12. Application of Part IV of the Act
Application of Part IV of the Act
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Prescribed records and time periods
 53. (1) The following records are prescribed for the purposes of subsection 54 (1) of the Act: 1.  Every risk management plan agreed to or established for any part of the source protection area for which the risk management official has jurisdiction under Part IV of the Act and amendments to those plans. 2.  Every notice and every order issued by a person or body referred to in sections 47 to 50 of the Act who is responsible for enforcing Part IV of the Act. 3.  Every risk assessment submitted to the risk management official under subsection 60 (1) of the Act. 4.  Every acceptance of a risk assessment by the risk management official under subsection 60 (2) of the Act. 5.  Any other record that is acquired or created by a person or body referred to in sections 47 to 50 of the Act who is responsible for enforcing Part IV of the Act for the purposes of administering that Part.  O. Reg. 246/10, s. 12. (2) For the purposes of subsection 54 (1) of the Act, the period of time for which a record shall be retained is determined by the following rules: 1.  A risk management plan described in paragraph 1 of subsection (1) shall be retained for 15 years from the date the plan ceases to be in effect. 2.  A notice or order described in paragraph 2 of subsection (1) shall be retained for 15 years from the date the notice or order is issued. 3.  A risk assessment described in paragraph 3 of subsection (1) shall be retained for 15 years from the date of acceptance. 4.  An acceptance of a risk assessment described in paragraph 4 of subsection (1) shall be retained for 15 years from the date of acceptance. 5.  A record described in paragraph 5 of subsection (1) shall be retained for 15 years from the date the record is acquired or created.  O. Reg. 246/10, s. 12. (3) For the purposes of subsection 54 (3) of the Act, the records described in paragraphs 1, 2 and 4 of subsection (1) are prescribed as records that shall be made available to the public.  O. Reg. 246/10, s. 12.
Prescribed qualifications, risk management officials or inspectors
 54. For the purposes of section 53 of the Act, a risk management official or risk management inspector has the prescribed qualifications if he or she has, in the preceding five years, successfully completed a course that meets the following criteria: 1.  The course includes, i.  a description of the rules governing the preparation of assessment reports, source protection plans, risk management plans and risk assessments, ii.  a description of Part IV of the Act, iii.  an overview of procedures before the Ontario Land Tribunal, and iv.  a description of the prescribed instruments to which subsection 39 (7) of the Act applies and the way in which they regulate activities that could be identified in a source protection plan as significant drinking water threats. 2.  In the opinion of the Director, the course provides adequate training for a person appointed as a risk management official or risk management inspector under the Act. O. Reg. 246/10, s. 12; O. Reg. 356/21, s. 1.
Prescribed circumstances, s. 55 (5) of the Act
 55. Any circumstances that the council of a municipality, board of health, planning board, source protection authority or Minister, as the case may be, considers appropriate are prescribed for the purposes of subsection 55 (5) of the Act.  O. Reg. 246/10, s. 12.
Prescribed qualifications, ss. 56 (9) (b), 58 (15) (b) and 60 (2) (b) of the Act
 56. For the purposes of clauses 56 (9) (b), 58 (15) (b) and 60 (2) (b) of the Act, a person has the prescribed qualifications if the person has, in the preceding five years, successfully completed a course that,  (a)  meets the criteria set out in paragraph 1 of section 54 of this Regulation; and (b)  in the opinion of the Director, provides adequate training for a person to provide a statement under those provisions of the Act.  O. Reg. 246/10, s. 12.
Powers of entry — risk management — training
 57. For the purposes of subsections 62 (2) and 66 (2) of the Act, a person shall not enter property unless the person has, in the preceding five years, successfully completed a course that meets the following criteria:  1.  The course includes, i.  an explanation of the powers to enter property under the Act, and ii.  a discussion of protocols for exercising powers of entry under the Act. 2.  In the opinion of the Director, the course provides adequate training for persons entering property for the purposes described in subsection 62 (1) and sections 64 and 65 of the Act.  O. Reg. 246/10, s. 12.
Prescribed circumstances, s. 56 of the Act
 58. A risk management official may give a notice under subsection 56 (3) of the Act with respect to an activity if,  (a)  in the opinion of the risk management official, the activity, if engaged in without a risk management plan, will result in or is likely to result in a drinking water health hazard; and (b)  the activity is not regulated by a prescribed instrument.  O. Reg. 246/10, s. 12.
Risk management plan contents
 59. Without limiting the generality of sections 56 and 58 of the Act, a risk management plan may contain, (a)  requirements dealing with the remediation of adverse effects caused by the activity to which the plan relates; and (b)  a requirement to provide financial assurance in a form specified in the plan.  O. Reg. 246/10, s. 12.
Transfer of risk management plan
 60. Every risk management plan shall contain a provision stating that it cannot be transferred to another person without the written consent of the risk management official.  O. Reg. 246/10, s. 12.
Prescribed provisions, s. 59 of the Act
 62. The following provisions of the Planning Act are prescribed for the purposes of clause 59 (1) (a) of the Clean Water Act, 2006: 1.  Section 22, with respect to requests to amend official plans. 2.  Section 34, with respect to applications to amend zoning by-laws. 3.  Section 39, with respect to applications to amend zoning by-laws to authorize a temporary use. 4.  Section 41, with respect to applications for approval to undertake development in a site plan control area. 5.  Section 45, with respect to applications for minor variances. 6.  Section 51, with respect to applications for approval of plans of subdivision. 7.  Section 53, with respect to applications for consents.  O. Reg. 246/10, s. 12.
Powers of entry — training — exemption
 63. Subsection 66 (2) of the Act does not apply to a person who enters property with the consent of an occupier of the property or under the authority of a warrant issued under subsection 66 (4) of the Act.  O. Reg. 246/10, s. 12.
Notice of abandonment by receiver or trustee in bankruptcy
 64. A notice given under clause 79 (5) (a) or (b) of the Act by a receiver or trustee in bankruptcy that they have abandoned, disposed of or otherwise released their interest in property shall be given in accordance with section 100 of the Act and shall contain the following information: 1.  The name and contact information of the receiver or trustee in bankruptcy. 2.  The date the receiver or trustee in bankruptcy abandoned, disposed of or otherwise released their interest in the property. 3.  The municipal address of the property to which the notice relates or, if there is no such address, a legally sufficient description of the property.  O. Reg. 246/10, s. 12.
Amendments to agreements relating to source protection regions
 66. (1) The time period within which the Minister may make amendments to an agreement under subsection 6 (4) of the Act is 120 days after a copy of the agreement is submitted to the Minister under that subsection.  O. Reg. 246/10, s. 12. (2) The time period within which the Minister may make amendments to an amended agreement under subsection 6 (8) of the Act is 120 days after the amended agreement is submitted to the Minister under clause 6 (7) (b) of the Act.  O. Reg. 246/10, s. 12.
Training — powers of entry — source protection authority
 67. (1) For the purpose of subsection 88 (4) of the Act, a person shall not enter property unless the person has, in the preceding five years, successfully completed a course that meets the following criteria: 1.  The course includes, i.  an overview of the process for establishing a source protection plan under the Act, ii.  an explanation of the powers to enter property under the Act, and iii.  a discussion of protocols for exercising powers of entry under the Act. 2.  In the opinion of the Director, the course provides adequate training for persons entering property for the purposes described in subsection 88 (1) of the Act.  O. Reg. 246/10, s. 12. (2) Subsection 88 (4) of the Act does not apply to a person who, pursuant to subsections 62 (4) and 88 (6) of the Act, accompanies a person who enters property under subsection 88 (1) of the Act.  O. Reg. 246/10, s. 12.
Notice of drinking water health hazard
 68. (1) Subsection 89 (1) of the Act does not apply to a person who becomes aware of a discharge described in that subsection unless he or she becomes aware of the discharge while he or she is exercising the authority to enter property under section 62 or 88 of the Act.  O. Reg. 246/10, s. 12. (2) Despite subsection (1), subsection 89 (1) of the Act does not apply to a person if he or she has already notified the Ministry of the discharge or has reasonable grounds to believe that another person has notified the Ministry of the discharge.  O. Reg. 246/10, s. 12. (3) A person who is required to notify the Ministry under subsection 89 (1) of the Act shall do so by telephoning the Ministry’s Spills Action Centre (1-800-268-6060) and providing the following information to the person who answers: 1.  The person’s name and telephone number. 2.  The fact that the purpose of the telephone call is to comply with section 89 of the Act. 3.  A description of the location where the substance is being discharged or is about to be discharged, including the municipal address, if the municipal address is known. 4.  The drinking water system into whose raw water supply the substance is being discharged or is about to be discharged. 5.  The date and time that the person became aware of the discharge. 6.  The substance that is being discharged or is about to be discharged, if the substance is known. 7.  The amount of the substance that is being discharged or is about to be discharged, if the amount is known. 8.  The reasons for the person’s opinion that, as a result of the discharge, an imminent drinking water health hazard exists.  O. Reg. 246/10, s. 12. (4) If a person who provided information to the Ministry under subsection (1) becomes aware that any of the information is not correct, the person shall immediately telephone the Ministry’s Spills Action Centre (1-800-268-6060) and provide the correct information.  O. Reg. 246/10, s. 12.
Ontario Drinking Water Stewardship Program
 69. (1) An application for financial assistance under the Ontario Drinking Water Stewardship Program shall be made to the Director in a form approved by the Director.  O. Reg. 246/10, s. 12. (2) The Director shall determine whether to provide financial assistance and, if so, the amount of the financial assistance.  O. Reg. 246/10, s. 12. (3) Every grant of financial assistance under the Ontario Drinking Water Stewardship Program is subject to the condition that the recipient of the financial assistance enter into a contract with the Minister that governs the use of the financial assistance and includes a requirement that the recipient report to the Ministry on the use of the financial assistance.  O. Reg. 246/10, s. 12. (4) If clauses 97 (2) (a) and (b) of the Act do not apply, the Ontario Drinking Water Stewardship Program may provide financial assistance to a person or body under clause 97 (2) (c) of the Act in any of the following circumstances: 1.  The person or body uses the financial assistance to administer an incentive program to encourage persons to take action to protect an existing or future source of drinking water for, i.  an existing or planned drinking water system described in clause 15 (2) (e) of the Act that is located in a source protection area, or ii.  an existing or planned municipal drinking water system that is not located in a source protection area. 2.  The person or body uses the financial assistance to administer an education and outreach program that is related to the protection of existing or future sources of drinking water. 3.  The person or body uses the financial assistance to take action to protect an existing or future source of drinking water for an existing or planned drinking water system.  O. Reg. 246/10, s. 12.  Français