Exemption from s. 34 (1) of the Act
 4.2 (1) Subject to subsection (2), subsection 34 (1) of the Act does not apply to a person who takes water only for, (a)  domestic purposes, if the taking of the water is not done by a municipal drinking water system or by a public utility company; (b)  watering livestock or poultry; or (c)  both of the purposes described in clauses (a) and (b). O. Reg. 225/14, s. 6. (2) Subsection (1) does not apply to a person who takes water on or after the day this section comes into force if the taking of the water causes or permits a new transfer or an increased transfer of the threshold amount. O. Reg. 225/14, s. 6. (3) Subsection 34 (1) of the Act does not apply to a person who takes water by means of a pump for the purpose of diverting water to create and maintain a dewatered work area located in whole or in part in the water body for a project described in subsection (4) if the following conditions are satisfied: 1.  The water taken from the water body is returned directly to the same water body. 2.  There is no visible petroleum hydrocarbon film or sheen present in the returned water. 3.  Measures are implemented to control the rate of the water taking and the flow rate of the returned water in order to ensure that water quantity and quality are not affected upstream or downstream of the work area. 4.  Erosion and sediment control measures are used for discharge of the water, including discharge related to the return of the water to the water body. 5.  All erosion and sediment control measures referred to in paragraph 4 are used, operated and maintained in accordance with recommendations provided by the manufacturers of the control measures. 6.  All erosion and sediment control measures referred to in paragraph 4 and all materials collected or trapped by those measures are recovered and disposed of when the water is no longer being taken. 7.  Revoked: O. Reg. 301/21, s. 2 (2). O. Reg. 64/16, s. 3; O. Reg. 301/21, s. 2 (1, 2). (4) A project referred to in subsection (3) 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. 2 (3). (5) Subsection 34 (1) of the Act does not apply to a person who takes water from a water body by means of a structure or works for the diversion or storage of water if the structure or works was constructed solely for the conservation, development, restoration or management of a wetland. O. Reg. 64/16, s. 3. (6) Subject to subsections (7) and (8), subsection 34 (1) of the Act does not apply to a person who takes water by means of a structure or works constructed across a water body for the diversion or storage of water if, (a)  the structure or works is designed in a manner that permits the flow of water to pass freely over the structure or works while remaining part of the same water body; (b)  the structure or works does not include any mechanisms that may be operated to alter the flow rates or levels of the water upstream or downstream of the structure or works; and (c)  the structure or works is not used for the purpose of generating electricity. O. Reg. 64/16, s. 3. (7) Subsection (6) applies only if the structure or works was constructed before the day section 3 of Ontario Regulation 64/16 made under the Act comes into force. O. Reg. 64/16, s. 3. (8) Despite subsection (6), the natural flow of the water body may be impeded by the presence of a fishway within the structure or works. O. Reg. 64/16, s. 3. (9) Subsection 34 (1) of the Act does not apply to a person who takes water at a site if the activity has been prescribed by the regulations made under the Environmental Protection Act for the purposes of subsection 20.21 (1) of that Act, unless the Director has issued an order under 20.18 of that Act in respect of the activity and the site. O. Reg. 64/16, s. 3. 5. Revoked: O. Reg. 233/21, s. 4.