Water Opportunities Act, 2010, S.O. 2010, c. 19, Sched. 1

• Jurisdiction: Ontario

Water Opportunities Act, 2010

S.O. 2010, CHAPTER 19
Schedule 1

Consolidation Period: From December 2, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 34, Sched. 25.

CONTENTS

part i
purposes and targets

Purposes

1 (1) The purposes of this Act are,

(a) to foster innovative water, wastewater and stormwater technologies, services and practices in the private and public sectors;

(b) to create opportunities for economic development and clean-technology jobs in Ontario; and

(c) to conserve and sustain water resources for present and future generations. 2010, c. 19, Sched. 1, s. 1 (1).

Same

(2) For greater certainty, the purposes of this Act do not include the privatization of publicly owned water, wastewater and stormwater services. 2010, c. 19, Sched. 1, s. 1 (2).

Targets

2 (1) The Minister of the Environment may, to further the purposes of this Act, establish aspirational targets in respect of the conservation of water and any other matter the Minister considers advisable. 2010, c. 19, Sched. 1, s. 2 (1).

Publication

(2) The Minister shall publish targets established under this section on the environmental registry established under section 5 of the Environmental Bill of Rights, 1993, together with a summary of the information the Minister relied on to establish each target. 2010, c. 19, Sched. 1, s. 2 (2).

Other targets

(3) The authority to establish targets under this section is in addition to any other authority to establish targets under this Act. 2010, c. 19, Sched. 1, s. 2 (3).

Part II (s. 3-23) Repealed: 2021, c. 34, sched. 25, s. 1.

3-12 Repealed: 2021, c. 34, Sched. 25, s. 1.

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

2021, c. 34, Sched. 25, s. 1 - 02/12/2021

13 Repealed: 2021, c. 34, Sched. 25, s. 1.

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

2010, c. 19, Sched. 1, s. 45 (3) - 19/10/2021

2021, c. 34, Sched. 25, s. 1 - 02/12/2021

14-22 Repealed: 2021, c. 34, Sched. 25, s. 1.

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

2021, c. 34, Sched. 25, s. 1 - 02/12/2021

23 Repealed: 2021, c. 34, Sched. 25, s. 1.

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

2010, c. 19, Sched. 1, s. 45 (4) - 19/10/2021

2021, c. 34, Sched. 25, s. 1 - 02/12/2021

Part III
Municipal water sustainability plans and Performance Indicators and Targets

Definitions

24 In this Part,

“Minister” means the Minister of the Environment or any other member of the Executive Council to whom responsibility for the administration of this Part is assigned or transferred under the Executive Council Act; (“ministre”)

“municipal service” means, subject to the regulations, municipal water services, municipal wastewater services or municipal stormwater services; (“service municipal”)

“municipal service provider” means a municipality, person or entity having jurisdiction over one or more municipal services; (“fournisseur de services municipaux”)

“plan” means a municipal water sustainability plan required under section 25; (“plan”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Part. (“règlements”) 2010, c. 19, Sched. 1, s. 24.

Municipal water sustainability plan

25 (1) On becoming a regulated entity under the regulations, a municipal service provider shall, in accordance with such requirements as may be prescribed, prepare, approve and submit to the Minister a municipal water sustainability plan for all municipal services,

(a) that are under the municipal service provider’s jurisdiction; and

(b) to which, under the regulations, the regulated entity’s initial plan is to apply. 2010, c. 19, Sched. 1, s. 25 (1).

Amendments to plans

(2) A regulated entity shall, in accordance with such requirements as may be prescribed, amend its plan if the regulations subsequently require the regulated entity’s plan to include,

(a) a municipal service under its jurisdiction that was not previously required to be included in its plan; or

(b) new or different information. 2010, c. 19, Sched. 1, s. 25 (2).

Approval and submission of amended plans

(3) A regulated entity shall, in accordance with such requirements as may be prescribed, approve amendments to its plan and, in such circumstances as may be prescribed, submit its amended plan to the Minister. 2010, c. 19, Sched. 1, s. 25 (3).

Amendments to achieve targets

(4) The Minister may, by direction, require a regulated entity to amend its plan in such manner and at such time as the Minister may direct in order to assist the regulated entity to achieve performance targets established by the Minister under section 29. 2010, c. 19, Sched. 1, s. 25 (4).

Review of plans

(5) A regulated entity shall ensure that such review of its plan as may be required by the regulations is undertaken and completed in accordance with such requirements as may be prescribed and that the report of the review is approved and submitted to the Minister in accordance with such requirements as may be prescribed. 2010, c. 19, Sched. 1, s. 25 (5).

Approval by municipality

(6) In such circumstances as may be prescribed, if a regulated entity that has jurisdiction over a municipal service is not a municipality, a plan, amendment to a plan or proposed report of a required review of a plan that relates to the municipal service shall not be submitted to the Minister without the approval of the municipality in which the municipal service is provided. 2010, c. 19, Sched. 1, s. 25 (6).

Requirements for plan

26 (1) A plan must satisfy the requirements prescribed by the regulations. 2010, c. 19, Sched. 1, s. 26 (1).

Contents of plan

(2) Without limiting the generality of subsection (1), the regulations may require a plan to include any of the following matters, prepared in accordance with such requirements as may be prescribed, with respect to each municipal service to which the plan applies:

1. An asset management plan for the physical infrastructure.

2. A financial plan.

3. If the municipal service is a municipal water service, a water conservation plan.

4. An assessment of risks that may interfere with the future delivery of the municipal service, including, if required by the regulations, the risks posed by climate change and a plan to deal with those risks.

5. Strategies for maintaining and improving the municipal service, including strategies to,

i. ensure the municipal service can satisfy future demand,

ii. consider technologies, services and practices that promote the efficient use of water and reduce negative impacts on Ontario’s water resources, and

iii. increase co-operation with other municipal service providers.

6. Such other information or things as may be prescribed relating to the municipal service. 2010, c. 19, Sched. 1, s. 26 (2).

May include additional information

(3) A regulated entity may include in a plan such additional information or things as it considers advisable. 2010, c. 19, Sched. 1, s. 26 (3).

Requirement to assist

(4) When, for the purpose of preparing, amending or reviewing a plan, a regulated entity requires information from a municipality, person or entity relating to a municipal service, the municipality, person or entity shall co-operate with the regulated entity and, on request, shall,

(a) provide the regulated entity with a copy of any record or other document in its possession or under its control that relates to matters to be considered in the preparation, amendment or review of the plan; and

(b) assist the regulated entity in obtaining such other information and things as the regulated entity may require to prepare, amend or review the plan. 2010, c. 19, Sched. 1, s. 26 (4).

Joint plans

27 (1) Two or more regulated entities may prepare a joint plan or a joint part of their plans and, if directed to do so by the Minister, shall prepare a joint plan or joint part of their plans. 2010, c. 19, Sched. 1, s. 27 (1).

Deemed to be plan of each regulated entity

(2) If two or more regulated entities prepare a joint plan, or a joint part of a plan, that satisfies the requirements of section 26, the joint plan or joint part of the plan is deemed to be the plan or a part of the plan, as applicable, of each of them. 2010, c. 19, Sched. 1, s. 27 (2).

Amendments

(3) Unless otherwise directed by the Minister, any amendments to a joint plan or joint part of a plan must be made by the regulated entities that originally prepared...