Clean Water Act, 2006, S.O. 2006, c. 22

• Jurisdiction: Ontario

Clean Water Act, 2006

S.o. 2006, chapter 22

Consolidation Period: From February 22, 2024 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 6, s. 38.

CONTENTS

part I
general

Purpose

1 The purpose of this Act is to protect existing and future sources of drinking water. 2006, c. 22, s. 1.

Definitions

2 (1) In this Act,

“activity” includes a land use; (“activité”)

“designated Great Lakes policy” means a policy designated in a source protection plan as a designated Great Lakes policy; (“politique des Grands Lacs désignée”)

“drinking water health hazard” has the same meaning as in the Safe Drinking Water Act, 2002; (“danger de l’eau potable pour la santé”)

“drinking water system” has the same meaning as in the Safe Drinking Water Act, 2002; (“réseau d’eau potable”)

“drinking water threat” means an activity or condition that adversely affects or has the potential to adversely affect the quality or quantity of any water that is or may be used as a source of drinking water, and includes an activity or condition that is prescribed by the regulations as a drinking water threat; (“menace pour l’eau potable”)

“highly vulnerable aquifer” has the meaning prescribed by the regulations; (“aquifère hautement vulnérable”)

“instrument” means any document of legal effect, including a permit, licence, approval, authorization, direction or order, that is issued or otherwise created under an Act, but does not include a regulation within the meaning of Part III of the Legislation Act, 2006; (“acte”)

“local board” has the same meaning as in the Municipal Affairs Act; (“conseil local”)

“justice” means a provincial judge or a justice of the peace; (“juge”)

“major residential development” has the same meaning as in the Safe Drinking Water Act, 2002; (“grand aménagement résidentiel”)

“Minister” means the Minister of the Environment or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“municipal drinking water system” has the same meaning as in the Safe Drinking Water Act, 2002; (“réseau municipal d’eau potable”)

“municipal planning authority” means a municipal planning authority established under section 14.1 of the Planning Act; (“office d’aménagement municipal”)

“offence notice or summons” means,

(a) an offence notice or summons under Part I of the Provincial Offences Act, or

(b) a summons under Part III of the Provincial Offences Act; (“avis d’infraction ou assignation”)

“planning board” means a planning board established under section 9 or 10 of the Planning Act; (“conseil d’aménagement”)

“prescribed instrument” means an instrument that is issued or otherwise created under a provision prescribed by the regulations of,

(a) the Aggregate Resources Act,

(b) the Conservation Authorities Act,

(c) the Crown Forest Sustainability Act, 1994,

(d) the Environmental Protection Act,

(e) the Mining Act,

(f) the Nutrient Management Act, 2002,

(g) the Oil, Gas and Salt Resources Act,

(h) the Ontario Water Resources Act,

(i) the Pesticides Act, or

(j) any other Act or regulation prescribed by the regulations; (“acte prescrit”)

“public body” means,

(a) a municipality, local board or conservation authority,

(b) a ministry, board, commission, agency or official of the Government of Ontario, or

(c) a body prescribed by the regulations or an official of a body prescribed by the regulations; (“organisme public”)

“raw water supply” has the same meaning as in the Safe Drinking Water Act, 2002; (“approvisionnement en eau brute”)

“receiver” means a person who has been appointed to take or who has taken possession or control of property pursuant to a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege or pursuant to an order of a court, and includes a receiver-manager and an interim receiver; (“séquestre”)

“receiver representative” means, with respect to a receiver, an officer, director, employee or agent of the receiver, or a lawyer, consultant or other advisor of the receiver who is acting on behalf of the receiver; (“représentant d’un séquestre”)

“regulations” means the regulations made under sections 108 and 109; (“règlements”)

“risk assessment” means an assessment of risks prepared in accordance with the regulations and the rules; (“évaluation des risques”)

“risk management inspector” means a risk management inspector appointed under Part IV; (“inspecteur en gestion des risques”)

“risk management official” means the risk management official appointed under Part IV; (“responsable de la gestion des risques”)

“risk management plan” means a plan for reducing a risk prepared in accordance with the regulations and the rules; (“plan de gestion des risques”)

“rules” mean the rules made by the Director under section 107; (“règles”)

“significant drinking water threat” means a drinking water threat that, according to a risk assessment, poses or has the potential to pose a significant risk; (“menace importante pour l’eau potable”)

“significant groundwater recharge area” has the meaning prescribed by the regulations; (“zone importante d’alimentation d’une nappe souterraine”)

“significant threat policy” means,

(a) a policy set out in a source protection plan that, for an area identified in the assessment report as an area where an activity is or would be a significant drinking water threat, is intended to achieve an objective referred to in paragraph 2 of subsection 22 (2), or

(b) a policy set out in a source protection plan that, for an area identified in the assessment report as an area where a condition that results from a past activity is a significant drinking water threat, is intended to achieve the objective of ensuring that the condition ceases to be a significant drinking water threat; (“politique sur les menaces importantes”)

“source protection area” means a drinking water source protection area established by subsection 4 (1) or by the regulations; (“zone de protection des sources”)

“source protection authority” means a conservation authority or other person or body that, under subsection 4 (2) or section 5, is required to exercise and perform the powers and duties of a drinking water source protection authority under this Act; (“office de protection des sources”)

“source protection committee” means a drinking water source protection committee established under section 7; (“comité de protection des sources”)

“source protection plan” means a drinking water source protection plan prepared under this Act; (“plan de protection des sources”)

“source protection region” means a drinking water source protection region established by the regulations; (“région de protection des sources”)

“surface water intake protection zone” has the meaning prescribed by the regulations; (“zone de protection des prises d’eau de surface”)

“Tribunal” means the Ontario Land Tribunal; (“Tribunal”)

“trustee in bankruptcy representative” means, with respect to a trustee in bankruptcy, an officer, director, employee or agent of the trustee in bankruptcy, or a lawyer, consultant or other advisor of the trustee in bankruptcy who is acting on behalf of the trustee in bankruptcy; (“représentant d’un syndic de faillite”)

“vulnerable area” means,

(a) a significant groundwater recharge area,

(b) a highly vulnerable aquifer,

(c) a surface water intake protection zone, or

(d) a wellhead protection area; (“zone vulnérable”)

“wellhead protection area” has the meaning prescribed by the regulations. (“zone de protection des têtes de puits”) 2006, c. 22, ss. 2 (1), 116 (3); 2021, c. 4, Sched. 6, s. 38 (1).

References to Director

(2) In a provision of this Act or the regulations, a reference to “the Director” is a reference to the director appointed under this Act for the purposes of the provision. 2006, c. 22, s. 2 (2).

Great Lakes

(3) In this Act and in the regulations, a reference to the Great Lakes includes the St. Lawrence River and the connecting channels of the Great Lakes. 2009, c. 33, Sched. 15, s. 2 (1).

Section Amendments with date in force (d/m/y)

2006, c. 22, s. 116 (3) - 25/07/2007

CTS 30 JA 08 - 1

2009, c. 33, Sched. 15, s. 2 (1) - 15/12/2009

2021, c. 4, Sched. 6, s. 38 (1) - 01/06/2021

Directors

3 (1) The Minister shall in writing appoint such directors as the Minister considers necessary, in respect of one or more provisions of this Act or the regulations, as specified in the appointment. 2006, c. 22, s. 3 (1).

Same

(2) In making an appointment under this section, the Minister shall appoint only,

(a) a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry or a member of a class of such public servant; or

(b) any other person or member of any other class of person, if the appointment is approved by the Lieutenant Governor in Council. 2006, c. 35, Sched. C, s. 16 (1).

Limitation on authority

(3) The Minister may, in an appointment of a director, limit the authority of the director in such manner as the Minister considers necessary. 2006, c. 22, s. 3 (3).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 16 (1) - 20/08/2007

Source protection areas – conservation authority

4 (1) The area over which a conservation authority has jurisdiction under the Conservation Authorities Act is established as a drinking water source protection area for the purposes of this Act. 2006, c. 22, s. 4 (1).

Source protection authority

(2) The conservation authority shall exercise and perform the powers and duties of a drinking water source protection authority under this Act for the source protection area established by subsection (1). 2006, c. 22, s. 4 (2).

Dissolution of conservation authorities

(3) Subsection (1) ceases to apply to the area of jurisdiction of a conservation authority that is dissolved...