Bill 79 2001

An Act to amend the
Ontario Water Resources Act
with respect to
water source protection

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Section 5 of the Ontario Water Resources Act, as amended by the Statutes of Ontario, 1993, chapter 23, section 73 and 1998, chapter 35, section 45, is further amended by adding the following subsection:

Decisions by Director

(2.1) When making any decision under this Act, a Director shall make decisions consistent with the statement of environmental values of the Ministry as made under Part II of the Environmental Bill of Rights, 1993.

2. Section 34 of the Act is amended by adding the following subsections:

Mandatory consultation

(5.1) If the Director receives an application for a permit to take water that, if granted, will affect or is likely to affect the water source or supply of a municipality or conservation authority, the Director shall give it notice of the application.

Same

(5.2) The municipality or conservation authority has at least 30 days, or such longer period as the Director may permit, from receipt of the notice to provide the Director with its comments, if any, on the application, and the Director shall take them into account in deciding whether to issue the permit.

Commencement

3. This Act comes into force on the day it receives Royal Assent.

Short title

4. The short title of this Act is the Ontario Water Resources Amendment Act (Water Source Protection), 2001.

EXPLANATORY NOTE

The Bill amends the Ontario Water Resources Act in regard to the availability and conservation of Ontario water resources. Specifically, the Bill requires the Director to consider the Ministry of Environment's statement of environmental values when making any decision under the Act. The Bill also requires that municipalities and conservation authorities are notified of applications to take water that, if granted, may affect their water sources or supplies.