jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 2. (1) In this Regulation, “application” means an application to the Director for a permit, (a)  made under section 34.1 of the Act, if the application is made on or after the day section 34.1 of the Act comes into force, or (b)  made under section 34 of the Act as it read before section 34.1 of the Act came into force; “Great Lakes Charter” means the Great Lakes Charter signed by the premiers of Ontario and Quebec and the governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin on February 11, 1985 and amended by the Great Lakes Charter Annex, dated June 18, 2001; “Municipal Class Environmental Assessment” means the Municipal Class Environmental Assessment prepared by the Municipal Engineers Association, dated October, 2000 and as amended in 2007 and afterwards from time to time; “municipal drinking water system” means a municipal drinking water system within the meaning of the Safe Drinking Water Act, 2002; “permit” means a permit issued under section 34 of the Act, as it read before section 34.1 of the Act came into force, or under section 34.1 of the Act; “sewer” has the same meaning as in Ontario Regulation 525/98 (Approval Exemptions) made under the Act; “water body” has the same meaning as in Ontario Regulation 359/09 (Renewable Energy Approvals Under Part V.0.1 of the Act) made under the Environmental Protection Act; “wetland” has the same meaning as in the
Conservation Land Act. O. Reg. 387/04, s. 2; O. Reg. 225/14, s. 2 (1-4); O. Reg. 64/16, s. 1; O. Reg. 233/21, s. 1. (2) The definitions in subsection 34.5 (1) of the Act apply for the purposes of this Regulation. O. Reg. 225/14, s. 2 (5).
Water taking, clarification
 2.1 (1) The activity of diverting the waters of a water body for the purpose of creating and maintaining a dewatered work area located in whole or in part in the water body for a project described in subsection (2) is not water taking as described in subsection 1 (7) of the Act and does not otherwise constitute a water taking for the purposes of the Act if, (a)  the water levels upstream and downstream of the work area are not affected by the diversion; and (b)  the water that is diverted, (i)  is not removed from the water body, or (ii)  is removed from the water body without the use of a pump and is directly returned to the same water body. O. Reg. 64/16, s. 2. (2) A project referred to in subsection (1) includes the construction, repair, alteration, extension or replacement of, (a)  a bridge, culvert, pier or other structure; or (b)  a sewer or water works. O. Reg. 301/21, s. 1. 3. (1) Revoked: O. Reg. 225/14, s. 3 (1). (2) Revoked: O. Reg. 233/21, s. 2. Permits
Permits
nan
Prescribed water takings
 4.1 For the purposes of subsection 34 (3) of the Act, subsection 34 (1) of the Act applies to a person who takes water by any of the means described in paragraphs 1 to 4 of subsection 34 (3) of the Act if the person takes the water for use in a facility that falls into a class described in subsection 3 (1) of Ontario Regulation 450/07 (Charges for Industrial and Commercial Water Users) made under the Act. O. Reg. 225/14, s. 5.
Notice and consultation
 7. (1) Subject to subsection (2), a Director who is considering an application shall give the following persons notice of the application: 1.  The upper-tier and lower-tier municipalities or the single-tier municipality, as the case may be, within whose area of jurisdiction the proposed water taking is located. 2.  Any conservation authority within whose area of jurisdiction the proposed water taking is located.  O. Reg. 387/04, s. 7 (1). (2) Subsection (1) does not apply if, (a)  the application is for a permit that is exempt under subsection 3 (2) of Ontario Regulation 681/94 (Classification of Proposals for Instruments) made under the Environmental Bill of Rights, 1993 from being classified as a Class 1 proposal for an instrument; (b)  in the Director's opinion, the delay involved in giving notice to the persons listed in subsection (1) would result in, (i)  danger to the health or safety of any person, (ii)  harm or serious risk of harm to the environment, or (iii)  injury or damage or serious risk of injury or damage to any property; or (c)  in the Director’s opinion, the persons listed in subsection (1) have already received the information that would be included in the notice.  O. Reg. 387/04, s. 7 (2); O. Reg. 225/14, s. 9 (1). (3) Subsection (2) does not prohibit the Director from giving any person notice of an application if the Director is of the opinion that it is consistent with the purposes of this Regulation to do so.  O. Reg. 387/04, s. 7 (3). (4) The Director may require the applicant to, (a)  notify or consult with other persons who have an interest in the proposed water taking, including, (i)  persons mentioned in subsection (1), and (ii)  governmental authorities for other jurisdictions; (b)  provide the Director with information on the interests of and responses of the persons notified or consulted under clause (a); (c)  provide the Director with information on the efforts that the applicant has made to resolve any concerns raised by the persons notified or consulted under clause (a); and (d)  provide the Director with such other information as the Director specifies.  O. Reg. 387/04, s. 7 (4). (5) Subsection (4) applies despite subsection (2), and any notice required by the Director under subsection (4) is in addition to the notice given by the Director under subsection (1).  O. Reg. 387/04, s. 7 (5). (6) Subject to section 6, the Director may give governmental authorities for other jurisdictions notice of the application and consult them about it, even if notice and consultation are not required by Article 205 of the Great Lakes - St. Lawrence River Basin Sustainable Water Resources Agreement of 2005.  O. Reg. 387/04, s. 7 (6); O. Reg. 225/14, s. 9 (2). (7) For the purposes of subsections (1) and (6), the Director may give a person notice of an application by, (a)  sending the person a brief description or a copy of the application by mail, by fax, by e-mail or by other electronic means; or (b)  delivering a brief description or a copy of the application to the person.  O. Reg. 387/04, s. 7 (7).
Transition
 8. (1) This Regulation, as it read on December 31, 2014, applies to applications received before January 1, 2015. O. Reg. 225/14, s. 10. (2) This Regulation, as it read on or after January 1, 2015, applies to applications received on and after January 1, 2015. O. Reg. 225/14, s. 10. (3) This Regulation, as it read on or after January 1, 2015, applies to decisions under section 34.1 of the Act to cancel or amend a permit or issue a new permit, whether the water taking is authorized by a permit that is issued before, on or after January 1, 2015. O. Reg. 225/14, s. 10. Data and Reporting
Data and Reporting
nan
Duties of permit holders
 9.  (1) Every holder of a permit, other than a related transferor, shall collect and record data on the volume of water taken daily. O. Reg. 225/14, s. 11 (1). (2) The data collected under subsection (1) shall be measured by a flow meter or calculated using a method acceptable to a Director.  O. Reg. 387/04, s. 9 (2). (3) On or before March 31 in every year, every person to whom subsection (1) applies shall submit to a Director, in the form and manner approved by the Director, the data collected and recorded under subsection (1) for the previous year.  O. Reg. 387/04, s. 9 (3). (4) Subsections (1), (2) and (3) do not affect a Director’s discretion, under subsection 34.1 (8) or (9) or subsection 34.7 (2) of the Act, to impose terms and conditions in issuing a permit and to alter the terms and conditions of a permit after it is issued.  O. Reg. 387/04, s. 9 (4); O. Reg. 225/14, s. 11 (2). (5)-(8) Revoked: O. Reg. 225/14, s. 11 (3).
Publication
 9.1 The Director may publish on a Government of Ontario website or otherwise make available to the public the following data, whether collected before or after the coming into force of this section: 1.  Any data collected under section 9. 2.  Any other data that the Ministry collects from a holder of a permit that relates to the holder’s water taking. O. Reg. 233/21, s. 5.
Manner of calculating average amount of water per day
 10. For the purposes of sections 34 to 34.11 of the Act and this Regulation, the average amount of water per day is the highest average amount of water per day that is determined by finding the simple moving averages of the amount of water per day for each consecutive 90-day period that falls within the longer period for which the calculation is made. O. Reg. 225/14, s. 12. Transfers
Transfers
nan
Related transferor
 11. For the purpose of subclause (b) (ii) of the definition of “related transferor” in subsection 34.5 (1) of the Act, a prescribed class of persons consists of persons who own or operate water works and in respect of whom the following circumstances apply: 1.  The water works owned or operated by the persons, i.  are connected to another water works which distribute or will distribute water that is or will be transferred, and ii.  are capable of supplying the threshold amount. 2.  The Director or the Minister, as the case may be, is of the opinion that the distribution of the transferred water by the water works owned or operated by the persons must be regulated by a permit in order for the transfer to satisfy the criteria set out in subsection 34.6 (3) of the Act. O. Reg. 225/14, s. 13.
Great Lakes watersheds
 12. (1) Subject to subsection (3), a Great Lakes watershed consists of the area shown to be within the boundaries of that watershed in a data file entitled “Great Lakes - St. Lawrence Basin Watersheds — Ontario Water Resources Act”, dated March 15, 2010, as amended from time to time, that is maintained by the Ministry of Natural Resources and Forestry as part of its Land Information Ontario initiative and available on a website of the Government of Ontario. O. Reg. 225/14, s. 13. (2) Subject to subsection (3), the watershed of each connecting channel of a Great Lake consists of the area shown to be within the boundaries of that watershed in the data file referred to in subsection (1). O. Reg. 225/14, s. 13. (3) If large scale mapping or information from an on-site field investigation establishes the location of all or part of the boundary of a Great Lakes watershed or a watershed of a connecting channel of a Great Lake with greater accuracy than the location shown in the data file referred to in subsection (1), the boundary of that watershed shall be adjusted accordingly. O. Reg. 225/14, s. 13.
Connecting channels of Great Lakes watersheds
 13. The boundaries of a Great Lakes watershed include the upstream connecting channel, as set out in Column 2 of the Table to this section opposite the name of the Great Lake, and the downstream connecting channel, as set out in Column 3 of the Table opposite the name of the Great Lake. TABLE  Item   Column 1 Name of Great Lake watershed   Column 2 Name of upstream connecting channel(s)   Column 3 Name of downstream connecting channel(s) 

  1.   Lake Superior   N/A   St. Mary’s River 

  2.   Lake Huron   St. Mary’s River   Detroit River Lake St. Clair St. Clair River 

  3.   Lake Erie   Detroit River Lake St. Clair St. Clair River   Niagara River 

  4.   Lake Ontario   Niagara River   N/A O. Reg. 225/14, s. 13.
Determination of threshold amount
 14. (1) Subject to subsection (2), for the purposes of subsection 34.6 (1) of the Act, the determination of whether an application for a new transfer or an increased transfer would be the threshold amount must take into consideration all amounts of water transferred by the permit holder between the same Great Lakes watersheds to which the application relates that were approved during the period set out in subsection (3). O. Reg. 225/14, s. 13. (2) If the application is made by a permit holder who is authorized to transfer water under more than one permit, consideration shall also be taken of the amount of water transferred as a result of any new transfers or increased transfers under the other permit or permits that were approved during the period set out in subsection (3) if, (a)  the application is by a municipality and the water that is transferred under the other permit or permits supplies water to a common distribution system to which the proposed new transfer or increased transfer relates; or (b)  the application is by a permit holder, other than a municipality, and the water that is transferred under the other permit or permits supplies water to the same facility, undertaking or enterprise to which the proposed new transfer or the increased transfer relates. O. Reg. 225/14, s. 13. (3) The period referred to in subsection (1) is, (a)  if the application is made on or before December 31, 2024, the period starting January 1, 2015 until the application date; or (b)  if the application is made on or after January 1, 2025, the period starting 10 years before the date of the application until the application date. O. Reg. 225/14, s. 13.
Exemption from s. 34.6 (1) of the Act
 15. Subsection 34.6 (1) of the Act does not apply in respect of an amendment to a permit or issuance of a new permit to authorize a new or increased taking of water where some or all of the water is to be transferred if, (a)  the Environmental Assessment Act applies to the holder of the permit; and (b)  the issuance of or amendment to the permit to increase the amount of water the holder is permitted to take is authorized as a result of, (i)  an environmental assessment of an undertaking that was approved on or before December 31, 2014, or (ii)  a Schedule B or C project considered under the Municipal Class Environmental Assessment if, (A)  a notice of completion was issued for the project in accordance with the Municipal Class Environmental Assessment on or before December 31, 2014, and (B)  no request has been made for an order under Part II of the Environmental Assessment Act or, if such a request was made, the request was denied. O. Reg. 225/14, s. 13.
Exemptions from ss. 34.5 to 34.8 of the Act
 16. Sections 34.5 to 34.8 of the Act and sections 17 to 19 of this Regulation do not apply to the transfer of water in each of the following circumstances: 1.  The transfer of water is from a Great Lakes watershed to a watershed of a downstream connecting channel of that Great Lake as set out in section 13. 2.  The transfer of water is from a watershed of a downstream connecting channel of a Great Lake to the watershed of that Great Lake as set out in section 13. 3.  The water is taken from a location in the St. Lawrence River that is within 10 kilometres of the point at which Lake Ontario flows into the St. Lawrence River and transferred to the Lake Ontario watershed. 4.  The water is taken from a location in Lake Ontario that is within 10 kilometres of the point at which Lake Ontario flows into the St. Lawrence River and transferred to the St. Lawrence River watershed. O. Reg. 225/14, s. 13.
Determination of amount re consumptive use
 17. (1) For the purposes of subparagraphs 1 i , 2 i and 3 i of subsection 34.6 (2) of the Act and paragraph 1 of subsection 34.6 (3) of the Act, the determination of the amount of water lost through consumptive use shall be made in accordance with a method specified by the Director and made available on a website of the Government of Ontario. O. Reg. 225/14, s. 13. (2) For the purposes of subparagraph 3 i of subsection 34.6 (2) of the Act and for determining if an application for a new transfer or an increased transfer is to be referred to the Minister in accordance with subsection 34.1 (12) of the Act, the determination of the amount of water that would be lost through consumptive use as a result of the proposed new transfer or increased transfer shall be made, (a)  in accordance with the method identified in subsection (1); and (b)  subject to subsection (3), by taking into consideration all amounts of water lost through consumptive use as a result of the holder’s new transfers and increased transfers between the same Great Lakes watersheds to which the application relates that were approved during the period set out in subsection (4). O. Reg. 225/14, s. 13. (3) For the purposes of clause (2) (b), if the application is made by a permit holder who is authorized to transfer water under more than one permit, consideration shall also be taken of the amount of water lost through consumptive use as a result of any new transfers or increased transfers under the other permit or permits that were approved during the period set out in subsection (4) if, (a)  the application is by a municipality and the water that is taken under the other permit or permits supplies water to a common distribution system to which the proposed new transfer or increased transfer relates; or (b)  the application is by a permit holder, other than a municipality, and the water that is taken under the other permit or permits supplies water to the same facility, undertaking or enterprise to which the proposed new transfer or increased transfer relates. O. Reg. 225/14, s. 13. (4) The period referred to in clause (2) (b) is, (a)  if the application is made on or before December 31, 2024, the period starting January 1, 2015 until the application date; or (b)  if the application is made on or after January 1, 2025, the period starting 10 years before the date of the application until the application date. O. Reg. 225/14, s. 13.
Permits, inclusion of specifically directed terms and conditions
 18. If, under subsection 34.7 (3) of the Act, the Director directs a term or condition described in subsection 34.7 (2) of the Act to a particular holder of a permit who is or will be taking water under the permit or who is or will be a related transferor with respect to the permit or to any two or more of them, the term or condition must be included in the part or parts of the permit or any schedule or schedules to the permit that are applicable to the holder or holders to whom the term or condition is directed. O. Reg. 225/14, s. 13.
Reciprocating jurisdictions
 20. For the purpose of the definition of “reciprocating jurisdiction” in section 34.9 of the Act, the following are prescribed as reciprocating jurisdictions: 1.  The Province of Quebec. 2.  The states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin. 3.  The Commonwealth of Pennsylvania. O. Reg. 225/14, s. 13.