On July 1, 2010 certain amendments to O. Reg. 287/07 (the General Regulation under the Clean Water Act, 2006) came into force setting out content and consultation requirements for the development of drinking water source protection plans, and including provisions that enable and govern the implementation of Part IV of the Act (“Regulation of Drinking Water Threats”) to address significant drinking water threats in wellhead protection areas and intake protection zones.
O. Reg. 287/07 also now specifies certain “prescribed instruments” that are required to conform to significant threat policies in addition to being required to have regard to other policies contained in source protection plans for areas where the prescribed instruments are being issued. In particular, the instruments include those issued under the Aggregate Resources Act, the Environmental Protection Act, Lakes and Rovers Improvement Act, Nutrient Management Act, 2002, Ontario Water Resources Act, Pesticides Act, and the Safe Drinking Water Act, 2002. Prescribed instruments under the Environmental Protection Act include Certificates of Approval issued under section 39 (for the use, operation, establishment, alteration, enlargement or extension of waste disposal sites or waste management systems) while prescribed instruments under the Ontario Water Resources Act include Permits to Take Water issued under section 34 of the Act.
For more information on the amendments, including a summary of the comments received on the draft regulation when posted back in January, see the MOE’s Regulation Decision Notice which can be accessed here. O. Reg. 287/07, as amended, can be viewed here.