Matters to be considered by the Director
 4. (1) This section applies, (a)  when the Director is considering an application, other than an application for a new transfer or an increased transfer that does not involve a new water taking or an increased water taking; and (b)  when the Director is otherwise considering whether to cancel or amend a permit or issue a new permit, but not, (i)  when the Director is considering whether to amend a permit or issue a new permit for the purpose of responding to a request made under section 34.8 of the Act, or (ii)  when the Director is considering whether to impose conditions under subsection 34.7 (2) of the Act or amendments to conditions imposed under that subsection. O. Reg. 225/14, s. 4 (1). (2) The Director shall consider the following matters, to the extent that information is available to the Director, and to the extent that the matters are relevant to the water taking or proposed taking in the particular case: 1.  Issues relating to the need to protect the natural functions of the ecosystem, including, i.  the impact or potential impact of the water taking or proposed water taking on, A.  the natural variability of water flow or water levels, B.  minimum stream flow, and C.  habitat that depends on water flow or water levels, ii.  ground water and surface water and their interrelationships that affect or are affected by, or may affect or be affected by, the water taking or proposed water taking, including its impact or potential impact on water quantity and quality, and iii.  the potential to restore the hydrologic conditions and functions of the source watershed. 2.  Issues relating to water availability, including, i.  the impact or potential impact of the water taking or proposed water taking on, A.  water balance and sustainable aquifer yield, and B.  existing uses of water for large municipal residential systems and small municipal residential systems, both as defined in subsection 1 (1) of Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002, for sewage disposal, livestock and other agricultural purposes, for private domestic purposes, and for other purposes, ii.  low water conditions, if any, iii.  whether the water taking or proposed water taking is from a ground or surface source of supply that the Director has determined under subsection (5) to be under stress, and iv.  any planned municipal use of water that has been approved, A.  under a municipal official plan in accordance with Part III of the Planning Act, or B.  under the Environmental Assessment Act. 3.  Issues relating to the use of water, including, i.  whether water conservation is being implemented or is proposed to be implemented in the use of the water, in accordance with best water management standards and practices for the relevant sector if these are available, ii.  the purpose for which the water is being used or is proposed to be used, including the amount of water that is or will be lost through consumptive use, iii.  if the water is not currently being used, whether there is a reasonable prospect that the person will actually use the water in the near future, and iv.  the categories of priorities of water use set out in subsection (4). 3.1  Issues relating to the return, after use, of water, including, i.  the manner in which the water is being returned or is proposed to be returned, and ii.  the location or area to which the water is being returned or is proposed to be returned. 4.  Other issues, including, i.  the interests of other persons who have an interest in the water taking or proposed water taking, to the extent that the Director is made aware of those interests, ii.  whether the water taking or proposed water taking is in compliance with, A.  the Boundary Waters Treaty of 1909, and B.  the International Boundary Waters Treaty Act (Canada), and iii.  any other matters that the Director considers relevant. O. Reg. 225/14, s. 4 (2-5); O. Reg. 233/21, s. 3 (1-3). (3) If clause (1) (a) applies, the Director may, in order to be able to consider the matters set out in subsection (2), require the applicant to submit further information, including plans, specifications, reports and other materials and documents relating to the water taking or proposed water taking.  O. Reg. 387/04, s. 4 (3). (4) The following are the priorities of water use for the purposes of subparagraph 3 iv of subsection (2): 1.  Highest priority category of water use, being, i.  water used to protect the natural functions of the ecosystem as described in paragraph 1 of subsection (2), ii.  water used to supply water for one or more drinking water systems within the meaning of section 2 of the Safe Drinking Water Act, 2002, and iii.  water used to support farm animal production and aquaculture. 2.  Second priority category of water use, being, i.  water used for the irrigation of agricultural crops, and ii.  water used for on-farm washing activities. 3.  Third priority category of water use, being any water used for a purpose not mentioned in the first, second or fourth priority category, including any water used for an industrial or commercial purpose, including for watering golf courses. 4.  Fourth priority category of water use, being any water used for an aesthetic purpose. O. Reg. 233/21, s. 3 (4). (5) Where the Director determines, having regard to all the information available to the Director, that one or more ground or surface sources of supply are under stress, in whole or in part, the Director shall post an information notice to that effect on the environmental registry pursuant to section 6 of the Environmental Bill of Rights, delineating the geographic area where the source or sources of supply are under stress and providing a summary of the information and analysis the Director relied on in making the determination. O. Reg. 233/21, s. 3 (4). (6) An information notice under subsection (5) shall indicate the Director’s intention to prepare and consult on a strategy to manage the permitted water takers within the geographic area mentioned in subsection (5). O. Reg. 233/21, s. 3 (4). (7) In every case where the Director has published an information notice under subsection (5), the Director shall proceed to prepare and consult on the strategy mentioned in subsection (6). O. Reg. 233/21, s. 3 (4). (8) After consulting on the strategy mentioned in subsection (6), the Director shall proceed to finalize the strategy and shall have regard to it to the extent that it is relevant when considering a matter to which this section applies. O. Reg. 233/21, s. 3 (4).