Ontario Drinking Water Source Protection Act, 2003 Churley, Marilyn — Bill 34 (38th Parliament, 1st Session)

Bill 34, 38-1

Ontario — Bills

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Bill 34, Ontario Drinking Water Source Protection Act, 2003

Churley, Marilyn

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Debates

Original

[38] Bill 34 Original (PDF)

Bill 34 2003

An Act to protect

sources of drinking water

in Ontario

CONTENTS

Preamble

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

___________

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,

(

c) if the undertaking is owned, operated or managed by a municipality, the council of the municipality; ("exploitant")

"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

(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

(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;

(

c) identification of,

(

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

(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 wate

Document details

Collection	Ontario — Bills
Citation	Bill 34, 38-1
Type	bill
Volume / chapter	p38 s1 bill 34 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	13bb4e75506a0e2034f13a91158bdb12812a4494

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