34.7 (1) If a permit issued under section 34.1 authorizes the taking of water from a Great Lakes watershed and any of the water taken is transferred or is to be transferred, the permit is subject to the following terms and conditions, whether they are specified in the permit or not: 1.  The person who takes water and any related transferor shall not cause or permit a new transfer or increased transfer where the new or increased transfer amount is the threshold amount, unless a holder first obtains an amendment to the permit or a new permit under section 34.1 to authorize the new transfer or increased transfer. 2.  Each holder shall comply with any other terms and conditions that are, i.  prescribed by the regulations, and ii.  directed to the holder.  2007, c. 12, s. 1 (12). Terms and conditions in permit (2) If a permit issued under section 34.1 authorizes the taking of water from a Great Lakes watershed and any of the water taken is transferred or is to be transferred, the Director may include terms and conditions in the permit, (a)  governing the transfer of water, including limiting the amount of water that may be transferred; (b)  governing the return, after use, of transferred water, including, (i)  governing the manner in which the water may be returned, (ii)  governing the quality of the water that may be returned, (iii)  prescribing a minimum amount of water that must be returned, (iv)  governing the location or area to which the water may be returned, including restricting the amount of water that may be returned to a different location or area from the one where the water was taken; (c)  governing monitoring and reporting of, (i)  the amount of water that is transferred, including the amount that is returned after use, (ii)  the rate at which water is transferred, (iii)  the use and conservation of transferred water, and (iv)  the effects of water transfers, including their effects on water quantity and quality; (d)  requiring that reports described in clause (c) be made to the Director, to other persons or to both; (e)  governing the keeping of records with respect to the matters that are monitored and reported as described in clause (c); (f)  governing the use and conservation of transferred water, including requiring the holder, (i)  to implement specified measures to promote the efficient use of the water or reduce the loss of water through consumptive use, (ii)  to ensure that an audit is conducted by a specified person or body in order to evaluate whether the water is being used efficiently, and to provide the results of the audit to the Director, to other persons or both, or (iii)  to prepare a water conservation plan and submit it to the Director, to amend the plan if required by the Director, and to implement the plan; and (g)  governing any other matter as the Director considers appropriate to ensure that the transfer of water complies with this section or section 34.6.  2007, c. 12, s. 1 (12). Same (3) A term or condition described in subsection (2) may be directed to the person taking the water, to any related transferor, or to both.  2007, c. 12, s. 1 (12). Application of s. 34.1 re related transferors (4) When a term or condition described in subsection (2) and directed to a related transferor is included in a permit, the related transferor is entitled to make applications under section 34.1 in relation to the permit.  2007, c. 12, s. 1 (12). Application of subs. (6) (5) Subsection (6) applies in respect of a taking of water that, (a)  is described in subsection 34 (3); (b)  is from a Great Lakes watershed; and (c)  does not require a permit under section 34.  2007, c. 12, s. 1 (12). Prohibition, certain transfers (6) On and after the effective date, a person who takes water by a means described in subsection (5) shall not cause or permit a new transfer or increased transfer where the new or increased transfer amount is the threshold amount, unless the person who takes the water first obtains a permit under section 34.1 to authorize the new transfer or increased transfer.  2007, c. 12, s. 1 (12). Exceptions (7) Subsections (1) and (6) and subsection 34.6 (1) do not apply to the following transfers: 1.  A transfer of water that is in a container having a volume of 20 litres or less. 2.  A transfer of water that occurs when a product other than water is manufactured or produced in the Great Lakes watershed, using water from that watershed, and the product is then transferred. 3.  A transfer of water that is necessary for the operation of a vehicle, vessel or other form of transport that the water is transferred in, including water that is for the use of people, livestock or poultry in or on the vehicle, vessel or other form of transport. 4.  A transfer of water for the purpose of firefighting or other emergency purposes.  2007, c. 12, s. 1 (12). Amendment of related documents (8) If a permit is issued or amended under section 34.1 so as to authorize the transfer of water and the transferred amount is the threshold amount, the Director may amend a document mentioned in subsection (9), for one or both of the following purposes: 1.  To ensure that the document is consistent with the terms and conditions in the permit. 2.  To ensure that the transfer satisfies one or more of the criteria described in subsection 34.6 (2) or (3).  2007, c. 12, s. 1 (12). Same (9) Subsection (8) applies with respect to the following documents: 1.  An environmental compliance approval relating to a sewage works that returns the transferred water after use. 2.  An approval, drinking water works permit or municipal drinking water licence issued under Part V of the Safe Drinking Water Act, 2002 that relates to a drinking water system that transfers water. 3.  A document that is prescribed by the regulations.  2007, c. 12, s. 1 (12); 2010, c. 16, Sched. 7, s. 3 (8). Conflict (10) If there is a conflict between a term or condition of a document referred to in subsection (9) and a term or condition included in a permit under subsection (2), the term or condition that provides the greatest protection to the quality and quantity of water prevails.  2007, c. 12, s. 1 (12). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (12)
- 01/01/2015 2010, c. 16, Sched. 7, s. 3 (8) - 31/10/2011