jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions of Words and Expressions
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Definitions
 1. (1) In the Act, “highly vulnerable aquifer” means an aquifer on which external sources have or are likely to have a significant adverse effect, and includes the land above the aquifer; (“aquifère hautement vulnérable”) “planned” means, with respect to a drinking water system, a drinking water system that is to be established, or a part of a drinking water system that is to be established, if, (a)  approval to proceed with the establishment of the system or part has been given under Part II of the Environmental Assessment Act, (b)  the establishment of the system or part has been identified as the preferred solution within a completed planning process conducted in accordance with an approved class environmental assessment under Part II.1 of the Environmental Assessment Act and no order has been issued under subsection 16 (1) of that Act, or (c)  the system or part would serve a reserve as defined in the Indian Act (Canada); (“envisagé”) “significant groundwater recharge area” means an area within which it is desirable to regulate or monitor drinking water threats that may affect the recharge of an aquifer; (“zone importante d’alimentation d’une nappe souterraine”) “surface water intake protection zone” means an area that is related to a surface water intake and within which it is desirable to regulate or monitor drinking water threats; (“zone de protection des prises d’eau de surface”) “wellhead protection area” means an area that is related to a wellhead and within which it is desirable to regulate or monitor drinking water threats. (“zone de protection des têtes de puits”)  O. Reg. 385/08, s. 2. (2) In this Regulation, “band” has the same meaning as in the Indian Act (Canada); (“bande”) “Great Lakes target” means a target established under section 85 of the Act; (“objectif concernant les Grands Lacs”) “low drinking water threat” means a drinking water threat that, according to a risk assessment, poses or has the potential to pose a low risk; (“faible menace pour l’eau potable”) “moderate drinking water threat” means a drinking water threat that, according to a risk assessment, poses or has the potential to pose a moderate risk; (“menace moyenne pour l’eau potable”) “Niagara Escarpment Plan” means the Plan approved under the Niagara Escarpment Planning and Development Act, as amended and revised in accordance with that Act; (“Plan d’aménagement de l’escarpement du Niagara”) “record” means information however recorded or stored, whether in printed form, on film, by electronic means or otherwise, and includes documents, minutes, correspondence, memoranda, plans, maps, drawings, photographs and films; (“dossier”) “reserve” has the same meaning as in the
Indian Act (Canada); (“réserve”) “transport pathway” means a condition of land resulting from human activity that increases the vulnerability of a raw water supply of a drinking water system set out in clause 15 (2) (e) of the Act.  (“voie de passage”)  O. Reg. 385/08, s. 2; O. Reg. 246/10, s. 1.
Prescribed drinking water threats
 1.1 (1) The following activities are prescribed as drinking water threats for the purpose of the definition of “drinking water threat” in subsection 2 (1) of the Act: 1.  The establishment, operation or maintenance of a waste disposal site within the meaning of Part V of the Environmental Protection Act. 2.  The establishment, operation or maintenance of a system that collects, stores, transmits, treats or disposes of sewage. 3.  The application of agricultural source material to land. 4.  The storage of agricultural source material. 5.  The management of agricultural source material. 6.  The application of non-agricultural source material to land. 7.  The handling and storage of non-agricultural source material. 8.  The application of commercial fertilizer to land. 9.  The handling and storage of commercial fertilizer. 10.  The application of pesticide to land. 11.  The handling and storage of pesticide. 12.  The application of road salt. 13.  The handling and storage of road salt. 14.  The storage of snow. 15.  The handling and storage of fuel. 16.  The handling and storage of a dense non-aqueous phase liquid. 17.  The handling and storage of an organic solvent. 18.  The management of runoff that contains chemicals used in the de-icing of aircraft. 19.  An activity that takes water from an aquifer or a surface water body without returning the water taken to the same aquifer or surface water body. 20.  An activity that reduces the recharge of an aquifer. 21.  The use of land as livestock grazing or pasturing land, an outdoor confinement area or a farm-animal yard. 22.  The establishment and operation of a liquid hydrocarbon pipeline. O. Reg. 385/08, s. 3; O. Reg. 206/18, s. 1. (2) In subsection (1), “agricultural source material”, “application”, “commercial fertilizer”, “livestock”, “non-agricultural source material” and “outdoor confinement area” have the same meanings as in Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002; (“bétail”, “engrais commercial”, “épandage”, “matière de source agricole”, “matière de source non agricole” et “zone de confinement extérieure”) “management” means, with respect to agricultural source material, the collection, handling, treatment, transportation or disposal of agricultural source material; (“gestion”) “pesticide” has the same meaning as in the Pesticides Act; (“pesticide”) “sewage” has the same meaning as in the Ontario Water Resources Act. (“eaux d’égout”)  O. Reg. 385/08, s. 3. Preparation, Approval and Amendment of Terms of Reference
Preparation, Approval and Amendment of Terms of Reference
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Notice when preparation begins
 2. (1) If any part of a municipality is included in a source protection area, the source protection committee shall give the clerk of the municipality notice when the committee begins preparation of the terms of reference for the source protection area.  O. Reg. 287/07, s. 2 (1). (2) If any part of the reserve of a band is included in a source protection area, the source protection committee shall give the chief of the band notice when the committee begins preparation of the terms of reference for the source protection area.  O. Reg. 287/07, s. 2 (2). (3) A notice under subsection (1) or (2) shall include an invitation to discuss with the source protection committee the development of the work plan that must be included in the terms of reference under paragraph 9 of subsection 3 (1).  O. Reg. 287/07, s. 2 (3).
Performance of tasks by municipality
 4. (1) If the council of a municipality in which any part of a source protection area is located has passed a resolution consenting to perform a task identified by the source protection committee in connection with the preparation of the assessment report or source protection plan for the source protection area, the terms of reference shall require the municipality to perform the task.  O. Reg. 287/07, s. 4 (1). (2) Despite subsection (1), if the councils of two or more municipalities pass resolutions described in that subsection consenting to perform the same task, the terms of reference may, (a)  require one of the municipalities to perform the task; (b)  require two or more of the municipalities to jointly perform the task; or (c)  divide responsibility for performing the task between the municipalities in such other manner as is set out in the terms of reference.  O. Reg. 287/07, s. 4 (2). (3) The terms of reference shall not require a municipality to perform a task unless the council of the municipality has passed a resolution described in subsection (1).  O. Reg. 287/07, s. 4 (3). (4) If the terms of reference require a municipality to perform a task, the source protection committee shall consult with the municipality on the estimated date by which the task is expected to be completed.  O. Reg. 385/08, s. 6. (5) This section does not apply to a requirement that a municipality perform a task if the requirement is included in the terms of reference pursuant to a decision of the Minister under section 10 or 13 of the Act.  O. Reg. 287/07, s. 4 (5).
Drinking water systems that cannot be included in terms of reference
 4.1 (1) An existing non-municipal drinking water system that serves one private residence and no other facility is prescribed for the purposes of subsections 8 (3) and 10 (7) of the Act unless, (a)  the well or intake that serves as the source or entry point of raw water supply for the drinking water system is located within a cluster of six or more wells or intakes; (b)  the system is located within an area of settlement as defined in the Planning Act; or (c)  the private residence is a designated facility or public facility as defined in Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002.  O. Reg. 385/08, s. 7. (2) In subsection (1), “non-municipal drinking water system”, “private residence” and “raw water supply” have the same meanings as in the Safe Drinking Water Act, 2002.  O. Reg. 385/08, s. 7.
Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005
 4.2 The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005 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 is prescribed for the purposes of paragraph 4 of subsection 14 (1) of the Act.  O. Reg. 385/08, s. 7.
Great Lakes-St. Lawrence River agreements
 5. (1) If section 14 of the Act deems terms of reference to require consideration of documents referred to in that section, the terms of reference shall include a provision that requires consideration of those documents.  O. Reg. 287/07, s. 5 (1). (2) If a source protection area contains water that flows into the St. Lawrence River but does not flow into the Great Lakes, the terms of reference for the preparation of an assessment report and source protection plan for the source protection area shall include a provision that requires consideration of the documents referred to in section 14 of the Act.  O. Reg. 287/07, s. 5 (2).
Submission of proposed terms of reference to source protection authority
 7. (1) When the source protection committee submits the proposed terms of reference to the source protection authority under clause 9 (a) of the Act, it shall, (a)  give the source protection authority a summary of any concerns that were raised by bands during the preparation of the terms of reference and that were not resolved to the satisfaction of the bands; and (b)  give a copy of the proposed terms of reference and the summary referred to in clause (a) to each chief of a band to whom a notice was required to be given under section 2.  O. Reg. 287/07, s. 7 (1). (2) For the purpose of clause 9 (c) of the Act, the invitation to submit written comments to the source protection authority shall invite comments to be submitted within 30 days after the publication of the proposed terms of reference on the Internet under that clause.  O. Reg. 287/07, s. 7 (2). (3) The source protection committee shall submit the proposed terms of reference to the source protection authority and take the other steps that are required to comply with section 9 of the Act not later than 12 months after the appointment of the first chair of the source protection committee.  O. Reg. 246/10, s. 4. (4) Revoked:  O. Reg. 246/10, s. 4.
Submission of proposed terms of reference to Minister
 8. (1) When the source protection authority submits the proposed terms of reference to the Minister under subsection 10 (1) of the Act, it shall, (a)  give the Minister the summary of concerns referred to in clause 7 (1) (a) of this Regulation; and (b)  give the source protection committee copies of the comments referred to in clauses 10 (1) (a) and (c) of the Act.  O. Reg. 287/07, s. 8. (2) The source protection authority shall submit the proposed terms of reference to the Minister and take the other steps that are required to comply with subsection 10 (1) of the Act not later than 14 months after the appointment of the first chair of the source protection committee.  O. Reg. 246/10, s. 5. (3) Revoked:  O. Reg. 246/10, s. 5.
Amendments proposed by source protection committee
 9. For the purpose of subsection 13 (1) of the Act, the source protection committee may propose amendments to the terms of reference in the following circumstances: 1.  The boundaries of the source protection area for which the terms of reference were prepared have been altered. 2.  The council of a municipality in which any part of the source protection area is located has passed a resolution under subsection 8 (3) or (6) of the Act since the terms of reference were approved under section 10 of the Act. 3.  The council of a municipality in which any part of the source protection area is located has passed a resolution under subsection 14 (1), (2) or (4) since the terms of reference were approved under section 10 of the Act. 4.  The source protection committee is of the opinion that a significant change is required to the work plan that is included in the terms of reference, including a change to the portion of the work plan that identifies the body responsible for performing a task. 5.  The terms of reference contain an error that, if left uncorrected, will affect the preparation of the assessment report or source protection plan.  O. Reg. 287/07, s. 9; O. Reg. 385/08, s. 11.
Consultation on amendments proposed by source protection committee
 10. (1) A source protection committee that is preparing an amendment to a terms of reference for a source protection area shall, before submitting the proposed amendments to the source protection authority under section 9 of the Act, prepare a draft of the proposed amendments, publish the draft on the Internet and make it available for inspection by the public at one or more locations that, in the opinion of the source protection committee, are sufficiently accessible to give the public in the part of the source protection area that is affected by the proposed amendments a reasonable opportunity to inspect the draft.  O. Reg. 385/08, s. 12. (2) As soon as reasonably possible after publishing the draft on the Internet, the source protection committee shall, (a)  give a notice described in subsection (3) in such manner as, in the opinion of the source protection committee, is sufficient to bring the notice to the attention of the public in the part of the source protection area that is affected by the proposed amendments; and (b)  give a copy of the notice referred to in clause (a) to, (i)  the clerk of each municipality in which any part of the source protection area that is affected by the proposed amendments is located, and (ii)  if any part of the reserve of a band is included in the part of the source protection area that is affected by the proposed amendments, the chief of the band.  O. Reg. 385/08, s. 12. (3) The notice referred to in clause (2) (a) shall advise the public in the part of the source protection area that is affected by the proposed amendments and the persons referred to in clause (2) (b) of the opportunity to, (a)  view the draft of the proposed amendments on the Internet; (b)  inspect the draft of the proposed amendments, during times specified in the notice, at a location specified in the notice; and (c)  submit written comments on the draft of the proposed amendments to the source protection committee by a date specified in the notice that is not earlier than 30 days after the notice is first given under clause (2) (a).  O. Reg. 385/08, s. 12. (4) In finalizing the amendments to the terms of reference, the source protection committee shall consider written comments that are submitted to the source protection committee by the date specified under clause (3) (c).  O. Reg. 385/08, s. 12. (5) When the source protection authority submits the proposed amendments to the Minister under subsection 10 (1) of the Act, it shall give the source protection committee copies of the comments referred to in clauses (10) (1) (a) and (c) of the Act.  O. Reg. 385/08, s. 12. Preparation, Approval and Updating of Assessment Reports
Preparation, Approval and Updating of Assessment Reports
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Records
 11. (1) A source protection committee shall retain every record that it creates or acquires for the purpose of preparing or updating an assessment report for a period of 15 years after the later of the following dates: 1.  The date the record is created or acquired. 2.  The date the assessment report is approved by the Director under section 17 or 19 of the Act.  O. Reg. 385/08, s. 12; O. Reg. 246/10, s. 7 (1). (2) Revoked:  O. Reg. 246/10, s. 7 (2).
Form
 12. (1) If the Director approves a form to be used for assessment reports, an assessment report shall be in that form.  O. Reg. 246/10, s. 8. (2) If the Director provides the source protection committee with computer software or directs the committee to use a specified computer software for the purpose of preparing an assessment report, the report shall be prepared using the software.  O. Reg. 246/10, s. 8.
Drinking water systems, subclause 15 (2) (e) (iv) of the Act
 12.1 The following drinking water systems are prescribed for the purpose of subclause 15 (2) (e) (iv) of the Act: 1.  The drinking water system that obtains its water from a surface water intake located at Kettle Point on Lake Huron and that serves a major residential development on the reserve of the Chippewas of Kettle and Stony Point First Nation. 2.  The Six Nations Grand River Supply System at Ohsweken (Grand River intake) that serves a major residential development on the reserve of the Six Nations of the Grand River. 3.  The drinking water system that obtains its water from a surface water intake located in Lake Couchiching and that serves a major residential development on the Mnjikaning First Nation 32 Indian Reserve (Chippewas of Rama First Nation). O. Reg. 59/10, s. 1; O. Reg. 23/14, s. 1.
Other information to be contained in assessment report
 13. (1) The following information shall, in accordance with the regulations, the rules and the terms of reference, be included in an assessment report under clause 15 (2) (i) of the Act: 1.  For each watershed identified under clause 15 (2) (a) of the Act, a characterization of the physical geography and human geography of the watershed and a characterization of the interactions between the physical geography and human geography. 2.  For each vulnerable area identified under clause 15 (2) (d) or (e) of the Act, an identification of the following areas within the vulnerable area: i.  Areas where an activity listed under subclause 15 (2) (g) (i) of the Act is or would be a moderate drinking water threat. ii.  Areas where an activity listed under subclause 15 (2) (g) (i) of the Act is or would be a low drinking water threat. iii.  Areas where a condition listed under subclause 15 (2) (g) (ii) of the Act is a moderate drinking water threat. iv.  Areas where a condition listed under subclause 15 (2) (g) (ii) of the Act is a low drinking water threat. 3.  For each area identified under subclause 15 (2) (h) (i) of the Act, the circumstances in which the activity listed under clause 15 (2) (g) of the Act is or would be a significant drinking water threat. 4.  For each area identified under subparagraph 2 i, the circumstances in which the activity listed under subclause 15 (2) (g) (i) of the Act is or would be a moderate drinking water threat. 5.  For each area identified under subparagraph 2 ii, the circumstances in which the activity listed under subclause 15 (2) (g) (i) of the Act is or would be a low drinking water threat. 6.  For each vulnerable area identified under clause 15 (2) (d) or (e) of the Act, i.  the number of locations at which a person is engaging in an activity listed under subclause 15 (2) (g) (i) of the Act that is or would be a significant drinking water threat, and ii.  the number of locations at which a condition listed under subclause 15 (2) (g) (ii) of the Act is a significant drinking water threat. 7.  A summary, based on readily accessible information, of how conclusions in the assessment report are likely to be affected by changes to the climate of the source protection area in the 25 years following preparation of the report.  O. Reg. 385/08, s. 12. (2) Revoked:  O. Reg. 246/10, s. 9.
Exemptions from subclause 15 (2) (e) (i) of the Act
 14. (1) Subclause 15 (2) (e) (i) of the Act does not apply to an existing municipal drinking water system if the council of the municipality that owns the system has, (a)  passed a resolution stating that the municipality intends, within five years after the day the resolution is passed, (i)  to discontinue the use of the drinking water system, and (ii)  to make an application under the Safe Drinking Water Act, 2002 for the revocation of any approval, municipal drinking water licence or drinking water works permit that is applicable to the drinking water system; (b)  published notice of the resolution referred to in clause (a) in one or more newspapers that, in the opinion of the council of the municipality, are of sufficiently general circulation to bring the notice to the attention of the public in the municipality; and (c)  sent a copy of the resolution referred to in clause (a) to the source protection committee for the source protection area.  O. Reg. 385/08, s. 12. (2) Subclause 15 (2) (e) (i) of the Act does not apply to a wellhead protection area or surface water intake protection zone that is related to a municipal drinking water system if the council of the municipality that owns the system has, (a)  passed a resolution stating that the municipality intends, within five years after the day the resolution is passed, (i)  to discontinue the use of the well or surface water intake to which the wellhead protection area or surface water intake protection zone relates, and (ii)  to make an application under the Ontario Water Resources Act for the cancellation of any permit that is applicable to the well or surface water intake referred to in subclause (i); (b)  published notice of the resolution referred to in clause (a) in one or more newspapers that, in the opinion of the council of the municipality, are of sufficiently general circulation to bring the notice to the attention of the public in the municipality; and (c)  sent a copy of the resolution referred to in clause (a) to the source protection committee for the source protection area.  O. Reg. 385/08, s. 12. (3) An exemption under subsection (1) or (2) ceases to apply on the fifth anniversary of the day the resolution was passed by the council of the municipality if, by that anniversary, the municipality has not done the things the resolution stated that the municipality intended to do.  O. Reg. 385/08, s. 12. (4) Subclause 15 (2) (e) (i) of the Act does not apply to a planned municipal drinking water system if the council of the municipality that would own the system has, (a)  passed a resolution stating that the municipality does not intend to establish the drinking water system; (b)  published notice of the resolution referred to in clause (a) in one or more newspapers that, in the opinion of the council of the municipality, are of sufficiently general circulation to bring the notice to the attention of the public in the municipality; and (c)  sent a copy of the resolution referred to in clause (a) to the source protection committee for the source protection area.  O. Reg. 385/08, s. 12.
Submission of proposed assessment report to source protection authority
 16. (1) When the source protection committee submits the proposed assessment report to the source protection authority under clause 16 (a) of the Act, it shall, (a)  give the source protection authority a summary of any concerns that were raised by bands during the preparation of the proposed assessment report and that were not resolved to the satisfaction of the bands; and (b)  give a copy of the proposed assessment report and the summary referred to in clause (a) to each chief of a band to whom notice was required to be given under subclause 15 (2) (c) (ii).  O. Reg. 385/08, s. 12. (2) For the purpose of clause 16 (c) of the Act, the invitation to submit written comments to the source protection authority shall invite comments to be submitted within 30 days after the publication of the proposed assessment report on the Internet under that clause.  O. Reg. 385/08, s. 12.
Submission of proposed assessment report to Director
 17. (1) When the source protection authority submits the proposed assessment report to the Director under subsection 17 (1) of the Act, it shall, (a)  give the Director the summary of concerns referred to in clause 16 (1) (a); and (b)  give the source protection committee copies of the comments referred to in clauses 17 (1) (a) and (c) of the Act.  O. Reg. 385/08, s. 12. (2) The source protection authority shall submit the proposed assessment report to the Director and take the other steps that are required to comply with subsection 17 (1) of the Act by a date that is not later than the first anniversary of the date that notice of the approval of the terms of reference is published under section 11 of the Act.  O. Reg. 246/10, s. 11.
Updating of assessment report
 18. (1) A source protection committee that is preparing an updated assessment report for a source protection area shall, before submitting the updated assessment report to the source protection authority under section 19 of the Act, prepare a draft of the proposed changes to be included in the updated assessment report, publish the draft on the Internet and make it available for inspection by the public at one or more locations that, in the opinion of the source protection committee, are sufficiently accessible to give the public in the part of the source protection area that is affected by the proposed changes a reasonable opportunity to inspect the draft.  O. Reg. 385/08, s. 12. (2) As soon as reasonably possible after publishing the draft on the Internet, the source protection committee shall, (a)  give a notice described in subsection (3) in such manner as, in the opinion of the source protection committee, is sufficient to bring the notice to the attention of the public in the part of the source protection area that is affected by the proposed changes; and (b)  give a copy of the notice referred to in clause (a) to, (i)  the clerk of each municipality in which any part of the source protection area that is affected by the proposed changes is located, and (ii)  if any part of the reserve of a band is included in the part of the source protection area that is affected by the proposed changes, the chief of the band.  O. Reg. 385/08, s. 12. (3) The notice referred to in clause (2) (a) shall advise the public in the part of the source protection area that is affected by the proposed changes and the persons referred to in clause (2) (b) of the opportunity to, (a)  view the draft of the proposed changes on the Internet; (b)  inspect the draft of the proposed changes, during times specified in the notice, at a location specified in the notice; and (c)  submit written comments on the draft of the proposed changes to the source protection committee by a date specified in the notice that is not earlier than 30 days after the notice is first given under clause (2) (a).  O. Reg. 385/08, s. 12. (4) In finalizing the updated assessment report, the source protection committee shall consider written comments that are submitted to the source protection committee by the date specified under clause (3) (c).  O. Reg. 385/08, s. 12. (5) When the source protection authority submits the updated assessment report to the Director under subsection 19 (2) of the Act, it shall give the source protection committee copies of, (a)  the comments referred to in clause (3) (c); and (b)  the comments referred to in subsection 19 (2) of the Act.  O. Reg. 385/08, s. 12. Preparation, Approval and Amendment of Source Protection Plans
Preparation, Approval and Amendment of Source Protection Plans
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Notice when preparation begins
 19. (1) When the source protection committee begins preparation of a source protection plan for a source protection area, the committee shall give notice to, (a)  the clerk of each municipality in which any part of the source protection area is located; (b)  if any part of the reserve of a band is included in the source protection area, the chief of the band; (c)  if any part of the area of the Niagara Escarpment Plan is located in the source protection area, the chair of the Niagara Escarpment Commission; (d)  if a planning board has jurisdiction in any part of the source protection area, the secretary-treasurer of the planning board; and (e)  every person who the source protection committee believes could be engaging in one or more activities that are or would be significant drinking water threats in the source protection area, according to the information contained in the assessment report under clauses 15 (2) (g) and (h) of the Act.  O. Reg. 246/10, s. 12. (2) The source protection committee shall, at the same time a notice is given to a person under clause (1) (e), (a)  specify in writing that the source protection committee is giving the person the notice because the committee believes the person could be engaging in one or more activities that are or would be significant drinking water threats according to the information contained in the assessment report under clauses 15 (2) (g) and (h) of the Act and, (i)  specify those activities in writing, or (ii)  provide a complete or partial list of activities listed in the assessment report under clause 15 (2) (g) of the Act; (b)  specify in writing that the source protection plan will contain policies that may affect the manner in which an activity referred to in clause (a) is engaged in; and (c)  specify in writing that if the person is engaging in an activity that is regulated by a prescribed instrument, the person is requested to advise the source protection committee of the number, if any, of the prescribed instrument and a description of the provisions of the prescribed instrument that regulate the activity.  O. Reg. 246/10, s. 12.
Records
 20. A source protection committee shall retain every record that it creates or acquires for the purpose of preparing or amending a source protection plan for a period of 15 years after the later of the following dates: 1.  The date the record is created or acquired. 2.  The date the source protection plan is approved by the Minister under section 29 of the Act.  O. Reg. 246/10, s. 12.
Form
 21. (1) If the Director approves a form to be used for source protection plans, a source protection plan shall be in that form.  O. Reg. 246/10, s. 12. (2) If the Director provides the source protection committee with computer software or directs the committee to use a specified computer software for the purpose of preparing a source protection plan, the plan shall be prepared using the software.  O. Reg. 246/10, s. 12.
Objectives
 22. (1) Every source protection plan shall set out the following as objectives of the plan: 1.  To protect existing and future drinking water sources in the source protection area. 2.  To ensure that, for every area identified in an assessment report as an area where an activity is or would be a significant drinking water threat, i.  the activity never becomes a significant drinking water threat, or ii.  if the activity is occurring when the source protection plan takes effect, the activity ceases to be a significant drinking water threat.  O. Reg. 246/10, s. 12. (2) If a source protection plan sets out policies relating to conditions resulting from past activities, the plan shall set out that an objective of the plan is to ensure that for every area identified in the assessment report as an area where a condition that results from a past activity is a significant drinking water threat, the condition ceases to be a significant drinking water threat.  O. Reg. 246/10, s. 12. (3) If, under subsection 85 (6) of the Act, the Minister has directed that a report be prepared and submitted that recommends policies that should be set out in the source protection plan for the source protection area to assist in achieving a Great Lakes target, the plan shall set out that an objective of the plan is to achieve the target for the source protection area.  O. Reg. 246/10, s. 12. (4) No objectives other than the objectives set out in subsections (1) to (3) shall be contained in a source protection plan.  O. Reg. 246/10, s. 12.
Designated activities, ss. 56 to 58 of the Act
 23. (1) The activities set out in paragraphs 1 to 21 of subsection 1.1 (1) of this Regulation are prescribed for the purposes of subsection 22 (9) and clause 56 (1) (a) of the Act.  O. Reg. 246/10, s. 12. (2) Despite subsection (1), the establishment, operation or maintenance of a waste disposal site within the meaning of Part V of the Environmental Protection Act is not an activity prescribed for the purposes of subsection 22 (9) and clause 56 (1) (a) of the Clean Water Act, 2006 if an environmental compliance approval is required under Part V of the Environmental Protection Act for the establishment, operation or maintenance of the waste disposal site.  O. Reg. 246/10, s. 12; O. Reg. 267/11, s. 2. (3) Despite subsection (1), the establishment, operation or maintenance of a system that collects, stores, transmits, treats or disposes of sewage is not an activity prescribed for the purposes of subsection 22 (9) and clause 56 (1) (a) of the Act if, (a)  an approval for the system is required under section 53 of the Ontario Water Resources Act; or (b)  the Building Code Act, 1992 applies to the system.  O. Reg. 246/10, s. 12. (4) An activity identified as a drinking water threat in an assessment report in accordance with Rule 119 of the rules made by the Director under section 107 of the Act, as amended from time to time, is prescribed for the purposes of subsection 22 (9) and clause 56 (1) (a) of the Act.  O. Reg. 246/10, s. 12.
Prohibiting existing activities
 24. An activity that is occurring when a source protection plan takes effect shall not be designated under paragraph 1 of subsection 22 (3) of the Act unless the source protection committee is of the opinion that the activity must be prohibited in order to ensure that it ceases to be a significant drinking water threat.  O. Reg. 246/10, s. 12.
Designated land uses, s. 59 of the Act
 25. (1) If a source protection plan designates an area under paragraph 3 of subsection 22 (3) of the Act, the following land uses are prescribed for the purposes of clause 22 (12) (a) of the Act: 1.  Land uses described in a zoning by-law that applies to the municipality in which the designated area is located. 2.  Land uses described in an official plan that is in effect in the municipality in which the designated area is located. 3.  Land uses described in a zoning by-law that applies to a planning area or a part of a planning area that consists solely of territory without municipal organization if the designated area is located in any portion of that planning area or that part of the planning area. 4.  Land uses described in an official plan that is in effect in a planning area or a part of a planning area that consists solely of territory without municipal organization if the designated area is located in any portion of that planning area or that part of the planning area.  O. Reg. 246/10, s. 12. (2) For the purposes of this section, “planning area” means a planning area defined under section 9 or 10 of the Planning Act.  O. Reg. 246/10, s. 12.
Contents of source protection plan, policies
 26. For the purposes of paragraph 3 of subsection 22 (6) of the Act, a source protection plan may set out the following: 1.  Policies that, with respect to drinking water threats identified in the assessment report or Great Lakes targets, i.  establish stewardship programs, ii.  specify and promote best management practices, iii.  establish pilot programs, iv.  govern research, or v.  specify the actions to be taken to implement the source protection plan or to achieve the plan’s objectives. 2.  Policies with respect to drinking water threats identified in the assessment report or Great Lakes targets that are for the purposes of clause 39 (1) (b) of the Act. 3.  Policies with respect to drinking water threats identified in the assessment report or Great Lakes targets that are for the purposes of clause 39 (7) (b) of the Act. 4.  Policies governing incentive programs and education and outreach programs, pursuant to subsection 22 (7) of the Act, with respect to drinking water systems in the source protection area that are not set out in clause 15 (2) (e) of the Act. 5.  Policies specifying the actions to be taken by persons or bodies in the source protection area to ensure that data on the climate conditions in the area is gathered on an ongoing basis, including data related to precipitation, streamflow, temperature, evapotranspiration and solar radiation. 6.  Policies specifying the actions to be taken by persons or bodies to update spill prevention and spill contingency plans or emergency response plans for the purpose of protecting existing drinking water sources with respect to spills that occur within a wellhead protection area or surface water intake protection zone along highways, as defined in subsection 1 (1) of the Highway Traffic Act, railway lines or shipping lanes.  O. Reg. 246/10, s. 12.
Contents of source protection plan, transport pathways policies
 27. (1) A source protection plan may set out policies described in subsection (2) or subsection 22 (7) of the Act that are intended to ensure,  (a)  that any drinking water threat in the vicinity of a transport pathway ceases to be or will not become a significant drinking water threat; or (b)  that the transport pathway ceases to endanger the raw water supply of a drinking water system set out in clause 15 (2) (e) of the Act.  O. Reg. 246/10, s. 12. (2) For the purposes of subsection (1), the policies may, (a)  establish stewardship programs; (b)  specify and promote best management practices; (c)  establish pilot programs; (d)  govern research; or (e)  specify the actions to be taken to implement the source protection plan or to achieve the plan’s objectives.  O. Reg. 246/10, s. 12. (3) If a person applies to a municipality for approval of a proposal to engage in an activity in a wellhead protection area or a surface water intake protection zone that may result in the creation of a new transport pathway or the modification of an existing transport pathway, the municipality shall give the source protection authority and the source protection committee notice of the proposal and shall include a description of the proposal, the identity of the person responsible for the proposal and a description of the approvals the person requires to engage in the proposed activity.  O. Reg. 246/10, s. 12. (4) If a municipality gives a notice described in subsection (3), the municipality shall give a copy of the notice to the person responsible for the proposal.  O. Reg. 246/10, s. 12.
Contents of source protection plan, summary of consultations
 28. For the purposes of paragraph 8 of subsection 22 (2) of the Act, a source protection plan shall set out the following: 1.  A summary of all consultation activities undertaken by the source protection committee during the preparation of the terms of reference. 2.  A summary of all consultation activities undertaken by the source protection committee during the preparation of the assessment report. 3.  A summary of all consultation activities undertaken by the source protection committee during the preparation of the source protection plan.  O. Reg. 246/10, s. 12.
Contents of source protection plan, other
 29. A source protection committee may include in a source protection plan anything that, in the opinion of the committee, will assist in understanding the plan.  O. Reg. 246/10, s. 12.
Designating person or body
 30. In a policy set out in a source protection plan under subsection 22 (7) of the Act, paragraph 1, 4, 5 or 6 of section 26 of this Regulation or subsection 27 (1) of this Regulation, a source protection committee shall designate the person or body responsible for implementing the policy.  O. Reg. 246/10, s. 12.
Significant threat policies
 31. (1) A source protection plan shall identify the area to which a significant threat policy applies.  O. Reg. 246/10, s. 12. (2) A source protection plan is not required to include a significant threat policy under subsection 22 (2) of the Act in respect of an activity that would be a significant drinking water threat in an area identified in the assessment report if, (a)  the activity has not been engaged in in that area; and (b)  there is no reasonable prospect that the activity will ever be engaged in in that area. O. Reg. 206/18, s. 2.
Moderate or low drinking water threat policies
 32. (1) Any policy set out in a source protection plan that addresses moderate drinking water threats shall be identified in the plan as a moderate drinking water threat policy and shall identify the area to which the policy applies.  O. Reg. 246/10, s. 12. (2) Any policy set out in a source protection plan that addresses low drinking water threats shall be identified in the plan as a low drinking water threat policy and shall identify the area to which the policy applies.  O. Reg. 246/10, s. 12. (3) If a policy set out in a source protection plan addresses an activity that is a moderate or low drinking water threat, the policy shall not prohibit or have the effect of preventing a person from engaging in the activity.  O. Reg. 246/10, s. 12.
Strategic action policies
 33. Any policy set out in a source protection plan that is not one of the following policies shall be identified in the plan as a strategic action policy: 1.  A significant threat policy. 2.  A designated Great Lakes policy. 3.  A policy to which section 45 of the Act applies. 4.  A policy to which clause 39 (1) (b) of the Act applies. 5.  A policy to which clause 39 (7) (b) of the Act applies.  O. Reg. 246/10, s. 12.
Application of sections 38 to 45 of the Act
 34. (1) Clause 39 (1) (a), subsections 39 (2) and (4) and sections 40 to 42 of the Act do not apply to a policy set out in a source protection plan unless the plan states that those provisions apply.  O. Reg. 246/10, s. 12. (2) Clause 39 (7) (a), section 43 and subsection 44 (1) of the Act do not apply to a policy set out in a source protection plan unless the plan states that those provisions apply.  O. Reg. 246/10, s. 12. (3) None of the following provisions applies to a policy set out in a source protection plan unless the plan states that the provision applies: 1.  Section 38 of the Act. 2.  Clause 39 (1) (b) of the Act. 3.  Subsection 39 (6) of the Act. 4.  Clause 39 (7) (b) of the Act. 5.  Section 45 of the Act.  O. Reg. 246/10, s. 12. (4) If a source protection plan states that the provisions identified in subsection (2) or paragraph 4 of subsection (3) apply to a policy set out in the plan, the plan shall identify the types of prescribed instruments to which the policy applies.  O. Reg. 246/10, s. 12. (5) If the Director gives a source protection committee written directions specifying how to comply with subsections (1) to (4), the committee shall comply with the directions.  O. Reg. 246/10, s. 12. (6) Clause 39 (7) (a) and section 43 of the Act do not apply to a person or body that issues, otherwise creates or amends a prescribed instrument if the activity to which a significant threat policy relates is regulated by a risk management plan under section 58 of the Act.  O. Reg. 246/10, s. 12.
Notice of designation
 35. A draft of a proposed source protection plan that is published under section 41 shall not designate any person or body responsible for implementing a policy referred to in section 30 or a policy respecting monitoring unless, before publication, the source protection committee, (a)  provides notice of the proposed policy to the person or body who would be responsible for implementing the policy; (b)  provides the draft wording of the proposed policy to the person or body referred to in clause (a); (c)  provides a summary of the reasons for the proposed policy to the person or body referred to in clause (a); (d)  requests written comments on the proposed policy and the designation from the person or body referred to in clause (a); and (e)  considers the comments received, if any, from the person or body referred to in clause (a).  O. Reg. 246/10, s. 12.
Notice of policies affecting prescribed instruments
 36. A draft of a proposed source protection plan that is published under section 41 shall not set out a policy that affects a prescribed instrument unless, before publication, the source protection committee, (a)  provides notice of the proposed policy to the person or body responsible for issuing or otherwise creating the prescribed instrument; (b)  provides the draft wording of the proposed policy to the person or body referred to in clause (a); (c)  provides a summary of the reasons for the proposed policy to the person or body referred to in clause (a); (d)  requests written comments on the proposed policy from the person or body referred to in clause (a); and (e)  considers the comments received, if any, from the person or body referred to in clause (a).  O. Reg. 246/10, s. 12.
Notice of policies affecting decisions under other Acts
 37. A draft of a proposed source protection plan that is published under section 41 shall not set out a policy that affects decisions made under the Planning Act or the Condominium Act, 1998 unless, before publication, the source protection committee,  (a)  provides notice of the proposed policy to, (i)  the municipal council, municipal planning authority, planning board or other local board whose decision will be affected, and (ii)  the regional director of the Ministry of Municipal Affairs and Housing Municipal Services Office who is responsible for a region that includes any part of the source protection area for which the draft of the proposed source protection plan is being prepared; (b)  provides the draft wording of the proposed policy to the person and body to whom notice is provided under clause (a); (c)  provides a summary of the reasons for the proposed policy to the person and body to whom notice is provided under clause (a); (d)  requests written comments on the proposed policy from the person and body to whom notice is provided under clause (a); and (e)  considers the comments received, if any, from the person and body to whom notice is provided under clause (a).  O. Reg. 246/10, s. 12.
Notice of significant threat policies
 38. (1) A draft of a proposed source protection plan that is published under section 41 shall not set out a significant threat policy or designated Great Lakes policy that imposes an obligation that a municipality, local board or source protection authority is required to comply with under section 38 of the Act unless, before publication, the source protection committee, (a)  provides notice of the proposed policy to the municipality, local board or source protection authority who will be affected; (b)  provides the draft wording of the proposed policy to the municipality or body referred to in clause (a); (c)  provides a summary of the reasons for the proposed policy to the municipality or body referred to in clause (a); (d)  requests written comments on the proposed policy from the municipality or body referred to in clause (a); and (e)  considers the comments received, if any, from the municipality or body referred to in clause (a).  O. Reg. 246/10, s. 12. (2) The source protection committee is not required to comply with the notice requirements set out in subsection (1) in respect of a policy if a notice has been given under section 35 in respect of the same policy.  O. Reg. 246/10, s. 12.