WATER TAKING AND TRANSFER, O. Reg. 233/21

• Jurisdiction: Ontario

ontario regulation 233/21

made under the

Ontario Water Resources Act

Made: March 25, 2021
Filed: March 31, 2021
Published on e-Laws: March 31, 2021
Printed in The Ontario Gazette: April 17, 2021

Amending O. Reg. 387/04

(WATER TAKING AND TRANSFER)

1. The definitions of “Average Annual Flow Map”, “Drinking Water Systems” and “Summer Low Flow Map” in subsection 2 (1) of Ontario Regulation 387/04 are revoked.

2. Subsection 3 (2) of the Regulation is revoked.

3. (1) Sub-subparagraph 2 i B of subsection 4 (2) of the Regulation is amended by striking out “Drinking Water Systems” and substituting “Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002”.

(2) Subparagraph 2 iii of subsection 4 (2) of the Regulation is revoked and the following substituted:

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

(3) Paragraph 3 of subsection 4 (2) of the Regulation is amended by striking out “and” at the end of subparagraph ii, by adding “and” at the end of subparagraph iii and by adding the following subparagraph:

iv. the categories of priorities of water use set out in subsection (4).

(4) Section 4 of the Regulation is amended by adding the following subsections:

(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.

(5) Where the Director determines, having regard to all the information available to the Director, that one or more ground or surface...