Bill 34, Ontario Drinking Water Source Protection Act, 2003

Versions

Bill 34 2003

An Act to protect
sources of drinking water
in Ontario


CONTENTS
Preamble
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.	Purposes Definitions Crown bound Watershed planning boards Assessments Water conservation and source protection plans Remedial plans Draft plan, public consultation Review and approval of plans Updated assessment and plans Conflict Water impact audits Water restoration plan Appointment of Director Offence Regulations Commencement Short title
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Preamble

Water is a precious and limited resource that is vital to Ontario's long-term environmental, social, economic and cultural well-being;

The Government of Ontario has a responsibility to ensure a safe and secure supply of water for Ontario for all uses, but especially drinking water;

Protection of the sources of drinking water is integral to the multi-barrier approach recommended in the Report of the Walkerton Inquiry;

Water is a public trust and the public has a right to a significant role in decision-making processes with respect to water.

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

Purposes

1. The purposes of this Act are to,

(a) provide a framework for a comprehensive watershed-based drinking water source protection policy;

(b) protect the quantity and quality of Ontario's drinking water by promoting water conservation and protecting water sources from contamination;

(c) ensure that alterations to the hydrologic system are permitted only if they protect, conserve, restore and enhance water in the watershed in which they are proposed;

(d) encourage the balancing of water loss with water replacement through protection, conservation, restoration and enhancement measures, on a watershed-by-watershed basis, to achieve an overall reduction in water use;

(e) ensure that areas critical to the functioning of the hydrologic system, including aquifers, head-waters, riparian areas, surface water and groundwater recharge areas, wetlands and wetland functions, are identified, protected, conserved, restored and enhanced;

(f) ensure that the principles of sustainable development, whereby development meets the needs of the present without compromising the ability of future generations to meet their own needs, are applied to the use of water;

(g) ensure that the precautionary principle, whereby appropriate preventive measures are taken whenever there is reason to believe that harm may be caused otherwise, even if there is no conclusive evidence of a causal relationship, is applied to the protection, conservation, restoration and enhancement of water;

(h) protect the natural functions of the ecosystem;

(i) protect biological diversity and fish and wildlife habitat;

(j) ensure that in all development, full provision is made for protection, conservation, restoration and enhancement of water; and

(k) ensure that development is not allowed to outstrip sustainable water supplies.

Definitions

2. In this Act,

"Director" means the Director appointed under section 14; ("directeur")

"effective date" means the date on which this Act comes into force; ("date d'entrée en vigueur")

"Minister" means the Minister of the Environment; ("ministre")

"operator" means, in relation to an undertaking,

(a) the owner, operator or manager of the undertaking,

(b) if the undertaking is owned, operated or managed by or on behalf of the Province of Ontario, the member of the Executive Council who is responsible for the undertaking,

"prescribed" means prescribed by the regulations; ("prescrit")

"regulations" means the regulations made under this Act; ("règlements")

"undertaking" means an undertaking as prescribed by regulation; ("entreprise")

"watershed planning area" means the geographic area of jurisdiction of a watershed planning board; ("zone de planification de bassin hydrographique")

"watershed planning board" means a watershed planning board designated or established under section 4. ("commission de planification de bassin hydrographique")

Crown bound

3. This Act binds the Crown.

Watershed planning boards

4. (1) Each conservation authority designated under the Conservation Authorities Act is hereby designated as a watershed planning board for the purposes of this Act.

Watershed planning boards for other parts of Ontario

(2) One or more watershed planning boards shall be established, in accordance with the regulations, for the parts of Ontario that do not have conservation authorities.

Watershed planning area

(3) The watershed planning area of a watershed planning board that is also a conservation authority is the same as its geographic area of jurisdiction under the Conservation Authorities Act.

Same

(4) The watershed planning area of a watershed planning board established under subsection (2) shall be as prescribed.

Functions of watershed planning boards

(5) Watershed planning boards have the following functions:

1. Preparing assessments under section 5 and water conservation and source protection plans and remedial plans in accordance with this Act.

2. Engaging in public education for landowners, industry, farmers and the general public about the requirements and importance of water conservation and source protection plans.

3. Undertaking the other tasks, performing the other duties and meeting the other requirements that are specified in this Act and the regulations.

Assessments

5. (1) Within six months after the effective date, each watershed planning board shall begin an assessment of existing and prospective water supplies, water use and demand for water in its watershed planning area and an analysis of the quality of the source water in the watershed planning area.

Contents

(2) The assessment shall include,

(a) an analysis of the water supply in the watershed planning area and of the maximum level of water usage that the watershed planning area is capable of sustaining in order to ensure that water is available for future generations, including,

(i) estimates of the amounts of surface water and ground water that are present or available in the watershed planning area, taking into account seasonal and other variations,

(ii) identification of all wellhead areas in the watershed planning area,

(iii) estimates of the amount of water that is being used in the watershed planning area at the time of the assessment and identification of all significant withdrawals of water in the watershed planning area,

(iv) estimates of the amount of water in the watershed planning area that may be taken by permit holders under the Ontario Water Resources Act,

(v) estimates of the amount of water that will be needed for future use in the watershed planning area, including both ecosystem needs and human needs, if conservation measures are implemented,

(vi) estimates of the amount of water that will be needed for future use in the watershed planning area, including both ecosystem needs and human needs, if conservation measures are not implemented,

(vii) high, medium and low estimates of future population in the watershed planning area,

(viii) an assessment of the water use efficiency of undertakings in the watershed planning area, including permit holders under the Ontario Water Resources Act, and

(ix) an evaluation of the water impact audits carried out under section 12 and of the water restoration plans implemented under section 13;

(b) details of existing water rate schedules;

(i) areas where aquifers are known to recharge surface bodies of water, and

(ii) areas known to provide for the recharge of aquifers from the surface;

(d) an analysis of the quality of water in the watershed planning area, including,

(i) the identification of all undertakings that are major sources of contaminants, and of all other major sources of contaminants, in the watershed planning area,

(ii) for each identified contaminant, an evaluation of the maximum level of the contaminant that the watershed planning area is capable of sustaining,

(iii) for each identified source of contaminant, a description of the effect of the contaminant on the water supply, the manner in which the contamination is dealt with and an assessment of any potential health risks,

(iv) the identification of intensive livestock farming operations and of farming operations situated in areas where the water supply is vulnerable,

(v) the identification of past activities or occurrences that constitute a threat to the quality of water in the watershed planning area and that require remedial action,

(vi) the identification of areas in the watershed planning area where there are significant concerns about safe drinking water,

(vii) an assessment of whether a remedial plan is required for the watershed planning area;

(e) a detailed summary of the certificates of approval issued under the Environmental Protection Act for the watershed planning area and of any prescribed permits, licences, certificates or other forms of authorization issued under a prescribed Act that are relevant to the quality and quantity of source water in the watershed planning area;

(f) a detailed summary of each nutrient management plan prepared under the Nutrient Management Act, 2002 in relation to an agricultural operation carrying on business in the watershed planning area;

(g) identification of activities, situations or any other things that will require monitoring or supervision by the board until the next assessment is carried out under this section; and

(h) such other matters as may be required to be included in the assessment by regulation.

Public consultation on assessment

(3) The watershed planning board shall conduct public consultations on the assessment, in accordance with the regulations.

Assessment report

(4) Within a year of the effective date, the watershed planning board shall complete the assessment and publish a written report and make the report available to the public in accordance with the regulations.

Water conservation and source protection plans

6. (1) Based on the assessment prepared under section 5, each watershed planning board shall, within the timeframe set out in section 8, complete a water conservation and source protection plan for its watershed planning area in accordance with this section.

Contents

(2) A water conservation and source protection plan shall include the following:

1. A water budget for the watershed planning area that requires all undertakings and other persons who use water in the watershed planning area to adhere to the water budget.

2. Such water conservation measures as may be prescribed and that comply with the goals set out in subsection (3).

3. Land use maps for the watershed planning area that specify the type of businesses, industries, undertakings and other types of development that are permitted in the area or in specified parts of the area.

4. Groundwater maps for the watershed planning area that indicate,

i. areas of groundwater vulnerability,

ii. the distances from the surface to bedrock and to the water table,

iii. the extent of aquifers, and

iv. recharge rates.

5. A determination of maximum acceptable levels of contaminant in source water in the watershed planning area.

6. A program for reducing levels of contaminants in source water, including identifying and properly decommissioning abandoned wells, excavations, quarries and other shortcuts in the watershed planning area that can introduce contaminants.

7. A program for monitoring contamination levels in water sources in the watershed planning area in accordance with the regulations.

8. A program for monitoring water levels in ground and surface water in the watershed planning area in accordance with the regulations.

9. Identification of areas where further information and research is or may be required and a plan to provide for such research.

10. Such other matters as may be required to be included in the plan by regulation.

Goals of water conservation measures

(3) The water conservation measures referred to in paragraph 2 of subsection (2) shall provide for the achievement of the following goals in the watershed planning area:

1. Efficient water use.

2. Protection of water as a valuable resource.

3. Reductions in,

i. per capita water use,

ii. peak daily water use, and

iii. peak monthly water use.

4. Reductions, by 2010, of 25 per cent in total annual water use compared to 1999.

5. Reductions, by 2010, of 25 per cent in total annual water use by each class of users (industrial, commercial, institutional and residential) compared to 1999.

6. Optimising the utilization of current water supplies.

7. Developing public education and awareness for the purposes of paragraph 2 of subsection 4 (5).

Remedial plans

7. (1) If the assessment conducted under section 5 concludes that there has been significant impairment to the quality of water in the watershed planning area or that the supply of water in the area is significantly at risk, the water conservation and source protection plan shall be accompanied by a remedial plan for the watershed planning area prepared in accordance with this section.

Goal of remedial plan

(2) A remedial plan shall provide for the restoration and enhancement of the quality and quantity of water in the watershed planning area.

Content

(3) A remedial plan shall include the following:

1. A detailed description of water quality and quantity problems in the watershed planning area, dealing with the water production capacity, the features and functions that are impaired, the degree of impairment and the geographic extent of the impairment.

2. A description of the possible causes of impairment, dealing with all known or possible sources of the problem described under paragraph 1.

3. An evaluation of the remedial measures that are already in place.

4. An evaluation of alternative or additional remedial measures.

5. Determination of appropriate alternative or additional remedial measures, and a schedule for their implementation, including, where appropriate, a plan to conduct under section 12 water impact audits of undertakings in the watershed planning area that have been identified as contributing to the impairment.

6. Identification of the persons or public bodies responsible for implementation of remedial measures.

7. Details of a process for evaluating the implementation and effectiveness of remedial measures, including surveillance and monitoring.

8. Such other matters as may be required to be included in the plan by regulation.

Draft plan, public consultation

8. (1) The watershed planning board shall prepare a draft version of the water conservation and source protection plan and of the remedial plan, if applicable, within six months of the day of the publication of an assessment report prepared under section 5.

Public consultation on draft plan

(2) The watershed planning board shall conduct public consultations on a draft plan prepared under subsection (1), in accordance with the regulations.

Submission of plan

(3) Within six months of the completion of the draft water conservation and source protection plan and of any draft remedial plan, the watershed planning board shall submit the final water conservation and source protection plan and remedial plan, if applicable, to the Director for approval under section 9.

Review and approval of plans

9. (1) Upon receiving a water conservation and source protection plan and any remedial plan that has been prepared, the Director shall publish notice of the application for approval in a newspaper of general circulation in the watershed planning area.

Content of notice

(2) A notice published under subsection (1) shall inform the public,

(a) of the place at which a copy of the plans in question are available; and

(b) of the fact that any member of the public who resides in the watershed planning area or operates a business within the area may request a hearing in accordance with subsection (5).

Powers of Director

(3) If, within 20 days of having published notice under subsection (1), the Director has not received a request for a hearing under subsection (5), the Director shall review the plan and consider the matters set out in subsection (4), and may,

(a) approve the plan;

(b) make amendments to the plan and approve the amended plan;

Matters to be considered

(4) The matters that the Director must consider in making a decision under subsection (3) are,

(a) the purposes of this Act and the plan's consistency with them;

(b) the comments made in the public consultation process;

Request for hearing

(5) Any person who resides in the watershed planning area or who operates a business within the area may, within 20 days of the publication of a notice under subsection (1), by written notice to the Director and to the Environmental Appeal Board established under the Environmental Protection Act, require a hearing by the Board on the issue of whether the proposed plans should be approved.

Hearing and decision by Board

(6) When the Environmental Appeal Board receives a notice for a hearing under subsection (5),

(a) it shall hold a hearing to consider whether the plan in question should be approved;

(b) it shall consider the matters set out in subsection (4); and

Effect of approval

(7) When a plan or amended plan is approved by the Director under subsection (3) or the Environmental Appeal Board under subsection (6), the plan is effective on the day specified by the Director or the Appeal Board, as the case may be.

Updated assessment and plans

10. (1) Within five years of the day a water conservation and source protection plan becomes effective under subsection 9 (7) in a watershed planning area, the watershed planning board shall begin a further assessment of the watershed planning area in order to ascertain,

(a) whether changes are required to the water conservation and source protection plan in the area;

(b) if a remedial plan is in effect in the watershed planning area, whether it is still required and if so whether changes are required to it; and

(c) if there is not a remedial plan in effect in the watershed planning area, whether a remedial plan is required for the area.

Application

(2) Subsections 5 (2) and (3) apply with necessary modifications to any further assessment undertaken under subsection (1).

Assessment report

(3) Within six months of the beginning of a further assessment under subsection (1), the watershed planning board shall complete the assessment and publish a written report and make it available to the public in accordance with the regulations.

Update to plans

(4) No later than two months after a report to a further assessment is published under subsection (3), the watershed planning board shall, based on the report, make such changes as are required to the water conservation and source protection plan and to any remedial plan or prepare a new remedial plan if one is required and publish a draft version of the revised plan or of any new remedial plan.

Public consultations

(5) The watershed planning board shall conduct public consultations on the draft version of any revised or new plan prepared under subsection (4).

Final plan

(6) No later than four months after a draft version of a plan is published under subsection (4), the watershed planning board shall submit the final water conservation and source protection plan and any accompanying final remedial plan to the Director for approval.

Approval of update, new plans

(7) Section 9 applies with necessary modifications to the approval of any plans submitted to the Director under subsection (6).

Continuing review

(8) A watershed planning board shall continually undertake further assessments of the watershed planning area at five-year intervals and prepare revised water conservation and source protection plans and remedial plans in accordance with this section.

Conflict

11. (1) Despite any other Act, if a provision in a water conservation and source protection plan or a remedial plan conflicts with a provision of an official plan or of a zoning by-law, the provision in the water conservation and source protection plan or in the remedial plan prevails.

Definitions

(2) In subsection (1),

"official plan" means a plan approved as an official plan under the Planning Act; ("plan officiel")

"zoning by-law" means a by-law passed under section 34 of the Planning Act or any predecessor thereof and approved by the Ontario Municipal Board. ("règlement municipal de zonage")

Conflict, Niagara Escarpment Plan

(3) If a provision in a water conservation and source protection plan or a remedial plan conflicts with a provision of the Niagara Escarpment Plan prepared under the Niagara Escarpment Planning and Development Act, the provision of the Niagara Escarpment Plan prevails.

Same, nutrient management plan

(4) If a provision in a water conservation and source protection plan or a remedial plan for a watershed planning area conflicts with a provision of a nutrient management plan prepared under the Nutrient Management Act, 2002 for a farming operation carrying on business in the watershed planning area, the provision that most protects the water from contamination prevails.

Same

(5) If a provision in a water restoration plan prepared under section 13 by a farming operation carrying on business in the watershed planning area conflicts with a provision of the nutrient management plan prepared under the Nutrient Management Act, 2002 for the farming operation, the provision of the water restoration plan prevails.

Same, other Acts

(6) Despite any other Act, if a provision in a water conservation and source protection plan or a remedial plan for a watershed planning area conflicts with a provision of any Act or regulation, the provision that most protects the water sources in the watershed planning area from depletion and from contamination prevails.

Water impact audits

12. (1) A watershed planning board may conduct water impact audits of undertakings in the watershed planning area in the course of an assessment conducted under section 5 or 10 as part of monitoring the implementation of a water conservation and source protection plan or in implementing a remedial plan.

Purpose

(2) A water impact audit shall,

(a) determine the amount of water used in the undertaking, on an annual basis;

(b) examine the purposes for which water is used and the manner in which it is used in the undertaking;

(d) determine whether the activities of the undertaking have any effect on the quality of water in the watershed planning area and whether the activities contribute to the contamination of source water; and

(e) assess the reason for any contamination of source water originating with the undertaking, the nature and level of the contamination.

Conduct of audit

(3) A water impact audit shall be conducted in accordance with the regulations.

Obstruction

(4) No person shall obstruct or otherwise hinder a member of a watershed planning board or an employee of the board conducting a water impact audit.

Assistance

(5) The owner or operator of an undertaking and every officer or employee of an undertaking that is the subject of a water impact audit shall provide such assistance as is necessary to enable a member of the water planning board or an employee of the board to carry out a water impact audit.

Water restoration plan

13. (1) Based on the water impact audit of an undertaking conducted under section 12, the watershed planning board responsible for the audit may order the operator of the undertaking to prepare a water restoration plan and to submit it to the board for approval.

Same

(2) A water restoration plan shall,

(a) describe, in detail, the measures by which the amount of water used in the undertaking is to be reduced and the measures by which the amount of contamination to source water in the watershed planning area is to be reduced;

(b) contain schedules for the implementation of the measures and identify who is responsible for implementation of each measure;

(d) be consistent with the water conservation and source protection plan and any remedial plan for the watershed planning area within which the undertaking is located;

(e) be consistent with the purposes of this Act.

Timing

(3) The operator of an undertaking shall prepare the water restoration plan and submit it to the watershed planning board within the time specified by the board.

Board approval

(4) Upon receipt of a water restoration plan, the watershed planning board for the watershed planning area in which the undertaking is located shall review the plan and,

(a) approve the plan;

(b) make modifications to the plan and approve it in its modified form; or

(c) return the plan to the operator of the undertaking to amend the plan and resubmit it to the board for approval under this section within such time as may be specified by the board.

Appointment of Director

14. The Minister may appoint an employee of the Ministry to be the Director for the purposes of this Act.

Offence

15. Any person who contravenes subsection 12 (4) is guilty of an offence and liable upon conviction to a fine of up to $5,000.

Regulations

16. The Lieutenant Governor in Council may make regulations,

(a) prescribing buildings, facilities or entities that constitute an undertaking for the purposes of this Act;

(b) respecting the establishment of one or more watershed planning boards for the parts of Ontario that do not have conservation authorities, for the purposes of subsection 4 (2);

(d) prescribing other tasks, duties and requirements for watershed planning boards;

(e) prescribing water conservation measures for the purposes of paragraph 2 of subsection 6 (2);

(f) respecting the public consultations to be conducted on assessments under subsection 5 (3) and on draft water conservation and source protection plans and on draft remedial plans under subsection 8 (2);

(g) governing assessments carried out under section 5, water conservation and source protection plans and remedial plans and respecting matters that are required to be included in the assessments and plans;

(h) governing monitoring programs referred to in paragraphs 7 and 8 of subsection 6 (2);

(i) governing water impact audits and water restoration plans referred to in sections 12 and 13;

(j) prescribing anything that is referred to in this Act as being prescribed and respecting anything that is required by this Act to be done in accordance with the regulations.

Commencement

17. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Sections 1 to 16 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

18. The short title of this Act is the Ontario Drinking Water Source Protection Act, 2003.

EXPLANATORY NOTE

The purpose of the Bill is to protect the supply and quality of source water in Ontario.

Section 4 of the Bill designates each conservation authority in Ontario as the watershed planning board for the area within the conservation authority's jurisdiction. In areas of Ontario where there are no conservation authorities, watershed planning boards are to be established in accordance with the regulations.

Section 5 of the Bill requires watershed planning boards to carry out assessments of the quality and quantity of water supply in the watershed planning area.

Section 6 of the Bill requires watershed planning boards to prepare a water conservation and source protection plan for the watershed planning area based on the results of the assessment required under section 5. If the assessment carried out under section 5 indicates that there is significant impairment to or endangerment to the water supply in a watershed planning area, section 7 requires the watershed planning board for the area to prepare a remedial plan.

Section 8 requires that watershed planning boards consult with the public in accordance with the regulations in preparing a plan under section 6 or 7.

Under section 9 of the Bill, every plan prepared by a watershed planning board must be approved by the Director or by the Environmental Appeal Board.

Section 10 of the Bill ensures that plans prepared under this Act are reviewed and updated every five years.

Section 11 of the Bill deals with conflicts between provisions of plans prepared under this Act and provisions in specified plans, by-laws, Acts or regulations.

Section 12 allows a watershed planning board to conduct audits of prescribed undertakings to ensure they are respecting the terms of any applicable water conservation and source protection plan or remedial plan.

Section 13 of the Bill gives a watershed planning board the authority to order a prescribed undertaking to prepare a water restoration plan if an audit conducted under section 12 indicates that such a plan is required to ensure that the undertaking does not contaminate or deplete sources of water in the watershed planning area.

The Bill contains some administrative provisions and regulation-making powers.