jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 1. In this Regulation, “Ministry’s electronic system” has the same meaning as in section 1 of Ontario Regulation 245/11; (“système électronique du ministère”) “Ontario Regulation 245/11” means Ontario Regulation 245/11 (Registrations under Part II.2 of the Act — General) made under the Act; (“Règlement de l’Ontario 245/11”) “undertaking” has the same meaning as in the Environmental Assessment Act; (“entreprise”) “water body” has the same meaning as in Ontario Regulation 359/09. (“étendue d’eau”) O. Reg. 63/16, s. 1; O. Reg. 300/21, s. 1. Part Ii   water taking for highway projects and transit projects
PART II WATER TAKING FOR HIGHWAY PROJECTS AND TRANSIT PROJECTS
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Definitions
 1.1 In this Part, “highway” has the same meaning as in the
Highway Traffic Act; (“voie publique”) “highway project” means the construction, maintenance or repair of a highway; (“chantier routier”) “permanent stream” has the same meaning as in Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act) made under the Act; (“cours d’eau pérenne”) “stream order” means the ordering of streams in which the smallest unbranched channels are considered first order, the joining of such channels forms a second order and subsequent unions of similar stream orders results in successively higher stream orders; (“ordre de cours d’eau”) “transit project” means the construction, maintenance or repair of infrastructure, not including terminals, related to transportation by a service that, aside from any incidental use for walking, bicycling or other means of transporting people by human power, (a) is used exclusively for the transportation of passengers by bus or rail, and (b) provides regular and continuing transportation to the public; (“projet de transport en commun”) “water body report” means the report referred to in paragraph 1 of subsection 4 (1). (“rapport sur l’étendue d’eau”) O. Reg. 300/21, s. 2 (2).
Prescribed activities, s. 20.21 (1) and (5) of the Act
 2. (1) Subject to subsections (3) to (5), the taking of water from a water body that meets the criteria set out in subsection (2) for one of the following uses during a highway project or transit project is a prescribed activity for the purposes of subsections 20.21 (1) and (5) of the Act: 1. Hydrodemolition. 2. Cleaning and flushing, including the cleaning and flushing of culverts. 3. Seeding, mulching, sodding or landscaping. 4. Dust suppression. 5. Compaction of earth and granular materials. 6. On-site preparation of materials to be used in the highway project or transit project. O. Reg. 63/16, s. 2 (1); O. Reg. 118/16, s. 1 (1); O. Reg. 300/21, s. 3 (1-3). (2) The criteria referred to in subsection (1) with respect to a water body are the following: 1. The water body is a lake, pond or permanent stream. 2. If the water body is a lake, the surface area of the lake is greater than 10 hectares. 3. If the water body is a pond, the pond is not connected to another water body that is a creek, stream or river. 4. If the water body is a permanent stream, it is of a stream order of three or greater. O. Reg. 63/16, s. 2 (2). (3) Subsection (1) does not apply in respect of the taking of water unless more than 50,000 litres of water will be taken on at least one day. O. Reg. 63/16, s. 2 (3). (4) Subsection (1) does not apply in respect of the taking of water if the taking of water would involve a transfer from a water basin described in subsection 34.3 (1) of the Ontario Water Resources Act or a transfer as defined in subsection 34.5 (1) of that Act. O. Reg. 63/16, s. 2 (4). (5) Subsection (1) does not apply in respect of the taking of water if, (a) a permit to take water was issued for the water taking under the Ontario Water Resources Act; (b) the permit was in effect on July 1, 2021; and (c) the permit has not expired or been revoked. O. Reg. 118/16, s. 1 (2); O. Reg. 300/21, s. 3 (4).
Registration exemptions, s. 20.21 (1) (a) and (b) of the Act
 3. A person who engages in an activity prescribed by section 2 of this Regulation in respect of a highway project or transit project is exempt from clauses 20.21 (1) (a) and (b) of the Act in respect of the activity if, (a) the person has previously registered an activity prescribed by section 2 in respect of the highway project or transit project; and (b) the registration in respect of the previously registered activity is not suspended and has not been removed from the Registry. O. Reg. 63/16, s. 3; O. Reg. 300/21, s. 4.
Registration requirements
 4. (1) A person who proposes to engage in an activity prescribed by section 2 shall not register the activity in the Registry until the following conditions are met: 1. The person proposing to engage in the activity has received a copy of a water body report that is prepared by a person who meets the qualifications set out in subsection (2) and includes the information and statements set out in subsection (3). 2. If the highway project or transit project forms part of an undertaking to which the Environmental Assessment Act applies, i. all of the requirements that are necessary to proceed with the undertaking under Ontario Regulation 231/08 (Transit Projects and Metrolinx Undertakings) made under the Environmental Assessment Act have been met, and ii. if applicable, an approval has been given under Part II of that Act to proceed with the undertaking or a class environmental assessment approved under Part II.1 of that Act applies to the undertaking and all of the requirements that are necessary to proceed with the undertaking under the class environmental assessment have been satisfied and no order has been issued under subsection 16 (1) of that Act. O. Reg. 300/21, s. 5 (1). (2) A person meets the qualifications referred to in paragraph 1 of subsection (1) if the person holds, at a minimum, a bachelor’s degree with a specialization in hydrology, aquatic ecology, limnology, biology, physical geography or water resources management or engineering. O. Reg. 63/16, s. 4 (2); O. Reg. 300/21, s. 5 (2). (3) The following information and statements must be included in a water body report referred to in paragraph 1 of subsection (1): 1. The name and location of the water body. 2. An identification of the criteria set out in paragraph 1 of subsection 2 (2) that the water body meets. 3. If the water body is a lake, the surface area of the lake. 4. If the water body is a permanent stream, the order of the stream and a methodology to calculate the flow rate of the stream. 5. A statement that in the opinion of the person who has prepared the report, the water body meets the criteria set out in subsection 2 (2). 6. A summary of the qualifications and experience of the person who prepared the report. 7. The date the report is prepared. 8. A description of the water taking activity including the rate at which the water will be taken or the volume that may be taken. 9. An analysis to determine whether a water monitoring plan is required to monitor the potential impacts of the water taking. 10. If the analysis referred to in paragraph 9 determined that a water monitoring plan would be needed, a description of the plan and the circumstances in which it would be needed. O. Reg. 63/16, s. 4 (3); O. Reg. 300/21, s. 5 (3, 4). (4) Revoked: O. Reg. 300/21, s. 5 (5).
Records
 5. A person who engages in an activity prescribed by section 2 shall ensure that each of the following documents or records is retained for a period of five years from the day it is required to be created or from the last day it is updated, as the case may be: 1. A copy of each water body report. 2. If a methodology other than the methodology set out in the water body report is used, a copy of that methodology. 3. Each log referred to in paragraph 4 of subsection 4.1 (1). 4. A record of the following information with respect to each complaint referred to in paragraph 7 of subsection 4.1 (1): i. The date and time the complaint was received. ii. A copy of the complaint, if it is a written complaint. iii. A summary of the complaint, if it is not a written complaint. iv. A summary of measures taken, if any, to address the complaint. O. Reg. 300/21, s. 7. Part iIi   Water Taking for Construction site Dewatering
PART III WATER TAKING FOR CONSTRUCTION SITE DEWATERING
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Definitions
 6. In this Part, “area of influence” means the area of the surface land that is directly above the area of a depression created in the water table or potentiometric surface as a result of a water taking to create a dewatered work area; (“rayon d’influence”) “construction project” means any work or undertaking that occurs at a construction site; (“projet de construction”) “construction site” means a site at which a construction project occurs, but does not include a site that is associated with mines, mine development, mine reclamation, pits or quarries; (“chantier de construction”) “dewatered work area” means an area that is excavated for the purpose of removing ground water or storm water to facilitate construction; (“zone de travail asséchée”) “discharge report” means the report referred to in clause 8 (1) (b); (“rapport sur le rejet”) “storm water” means rainwater runoff, water runoff from roofs, snowmelt and surface runoff. (“eaux pluviales”) “water taking report” means the report referred to in clause 8 (1) (a). (“rapport sur le prélèvement d’eau”) O. Reg. 63/16, s. 6; O. Reg. 300/21, s. 8.
Registration exemptions, s. 20.21 (1) (a), (b) and (d) of the Act
 9. (1) A person who engages in the following activities prescribed by section 7 of this Regulation is exempt from clauses 20.21 (1) (a), (b) and (d) of the Act: 1. The taking of storm water for the purpose of dewatering a construction site, if only storm water is taken. 2. An activity referred to in paragraph 3 of subsection 7 (1). O. Reg. 300/21, s. 10. (2) A person shall not engage in an activity referred to in subsection (1) until the person has received a copy of a discharge report that is prepared by a person who meets the qualifications set out in subsection 8 (3) and includes the information and statements set out in subsection 8 (5). O. Reg. 300/21, s. 10.
Records
 10. (1) A person who engages in an activity prescribed by section 7 shall ensure that each of the following records with respect to the taking of ground water, storm water or both is created and retained for a period of five years from the day it is required to be created: 1. The dates on which the person engaged in the activity prescribed by section 7. 2. For each day on which ground water, storm water or both was taken, the average rate at which it was taken from each dewatered work area in litres per second. 3. The volume of ground water, storm water or both taken from each dewatered work area each day in litres. 4. A record of the following information with respect to each complaint referred to in paragraph 12 of subsection 9.1 (2): i. The date and time the complaint was received. ii. A copy of the complaint, if it is a written complaint. iii. A summary of the complaint, if it is not a written complaint. iv. A summary of measures taken, if any, to address the complaint. 5. A record of any precipitation on the construction site. 6. A copy of any information or documents that demonstrate notice was provided in accordance with the protocol set out in a water taking report in accordance with paragraph 5 of subsection 8 (4). 7. A copy of the records related to the monitoring plans referred to in paragraphs 3 and 9 of subsection 9.1 (2). O. Reg. 63/16, s. 10 (1); O. Reg. 300/21, s. 11 (1-5). (2) A person who engages in an activity prescribed by section 7 shall retain a copy of each water taking report referred to in clause 8 (1) (a) and each discharge report referred to in clause 8 (1) (b) for a period of five years from the day it was prepared. O. Reg. 63/16, s. 10 (2); O. Reg. 300/21, s. 11 (6).
Publication
 10.1 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 reported to the Director under this Regulation related to a person’s water taking. 2. Any other data that the Ministry collects from a person required to register an activity under this Regulation that relates to the person’s water taking. O. Reg. 234/21, s. 1. Part iV   water taking for Pumping Tests
PART IV WATER TAKING FOR PUMPING TESTS
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Definitions
 11. In this Part, “aquifer” means a water-bearing formation that is capable of transmitting water in sufficient quantities to serve as a source of water supply; (“formation aquifère”) “day” means a 24-hour period; (“jour”) “pumping test” means the taking of ground water from a well for the purpose of obtaining information about the aquifer from which the well takes its water; (“essai de pompage”) “pumping test design report” means the report referred to in subsection 13 (1); (“rapport de conception de l’essai de pompage”) “well” means a hole made in the ground to locate or to obtain ground water or to test or to obtain information in respect of ground water or an aquifer, and includes a spring around or in which works are made or equipment is installed for collection or transmission of water and that is or is likely to be used as a source of water for human consumption, but does not include any of the following: 1. A pond. 2. A reservoir. 3. A lagoon. 4. An artificial wetland. 5. A canal. 6. A trench. 7. A tile drain. 8. A wick drain. 9. A ditch. (“puits”) O. Reg. 300/21, s. 12.
Prescribed activities, s. 20.21 (1) of the Act
 12. (1) Subject to subsections (2) and (3), the taking of ground water from a well for the purpose of conducting a pumping test is a prescribed activity for the purposes of subsection 20.21 (1) of the Act. O. Reg. 300/21, s. 12. (2) Subsection (1) does not apply in respect of the taking of water unless the following conditions are met: 1. The amount of water taken is more than 50,000 litres on at least one day but not more than 5,000,000 litres on any day. 2. The taking of water occurs over seven or fewer days within a 30-day period. 3. The site where the water is taken is not a mine or a site where mine exploration is occurring. 4. The taking of water does not involve a transfer from a water basin described in subsection 34.3 (1) of the Ontario Water Resources Act or a transfer as defined in subsection 34.5 (1) of that Act. O. Reg. 300/21, s. 12. (3) Subsection (1) does not apply in respect of the taking of water if, (a) a permit to take water was issued for the water taking under the Ontario Water Resources Act; (b) the permit was in effect on July 1, 2021; and (c) the permit has not expired or been revoked. O. Reg. 300/21, s. 12.
Activity requirements, s. 20.21 (1) (c) of the Act
 14. For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 12 of this Regulation shall ensure that all of the following applicable requirements and all of the applicable measures and requirements set out in the pumping test design report prepared for the activity are complied with: 1. Prior to the commencement of the activity, the notification protocol shall be implemented in accordance with the protocol set out in the pumping test design report pursuant to paragraph 4 of subsection 13 (3). 2. A copy of the pumping test design report shall be provided in paper or electronic format for inspection upon request. 3. The pumping test shall be performed in accordance with the pumping test design report and in accordance with any subsequent modifications to the report that have been approved by the person who prepared the report. 4. A monitoring plan shall be implemented in accordance with the plan set out in the pumping test design report. 5. Any measures identified in the contingency plan set out in the pumping test design report pursuant to paragraph 6 of subsection 13 (3) shall be implemented if the applicable circumstances arise. 6. With respect to any ground water or storm water, or both, that is discharged to land or a storm sewer, there shall be no visible petroleum hydrocarbon film or sheen present. 7. The method of transfer or discharge recommended by the discharge plan set out in the pumping test design report shall be implemented with respect to the ground water or storm water, or both, that is taken for the purposes of the pumping test. 8. Any erosion, sediment and total suspended solids control measures identified in the pumping test design report pursuant to sub-subparagraphs 7 iv A and B of subsection 13 (3) shall be used, operated and maintained in a manner that satisfies the recommendations of the manufacturer of the control measures or as directed in the discharge plan if no such recommendations exist. 9. All control measures referred to in paragraph 8 and all materials collected or trapped by those measures shall be recovered and disposed of when the person is no longer engaging in the activity. 10. On or before March 31 in each year, the person engaging in the activity shall provide the Director with a report, in a form and manner approved by the Director, setting out the volume of water taken daily in the previous calendar year. 11. If the person receives a complaint with respect to the taking or discharging of ground water or storm water, or both, and the complaint relates to the natural environment, the Ministry shall be notified of the complaint immediately after the complaint is received. 12. If the taking of water is no longer needed, within 30 days after the day the person has ceased to engage in the activity they shall give notice to the Ministry that the water taking is complete by filing that information in the Ministry’s electronic system. O. Reg. 300/21, s. 12.
Records
 15. A person who engages in an activity prescribed by section 12 shall ensure that a record is created that contains the following information and is retained for a period of one year from the day it is created: 1. Any wells from which water is being taken, including well tag numbers if available. 2. The date and duration of each water taking. 3. The rate of taking in litres per second for each water taking. 4. The total volume of ground water taken per day in litres for each water taking. 5. The results of any other monitoring, measurements or observations required by the pumping test design report. 6. Any deviations made from the pumping test design report that occurred during the execution of the pumping test, including any use of the contingency plan. 7. A copy of all notifications sent in accordance with the notification protocol set out in the pumping test design report. 8. A copy of the pumping test design report. 9. A record of the following information with respect to each complaint referred to in paragraph 11 of section 14: i. The date and time the complaint was received. ii. A copy of the complaint, if it is a written complaint. iii. A summary of the complaint, if it is not a written complaint. iv. A summary of measures taken, if any, to address the complaint. O. Reg. 300/21, s. 12.  Français