Clean Water Act, 2006

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Sections246

• [s0]

  part I general

• 1.
• 1Purpose

  1 The purpose of this Act is to protect existing and future sources of drinking water. 2006, c. 22, s. 1.

• 2.
• 2Definitions

  2 (1) In this Act, “activity” includes a land use; (“activité”) “designated Great Lakes policy” means a policy designated in a source protection plan as a designated Great Lakes policy; (“politique des Grands Lacs désignée”) “drinking water health hazard” has the same meaning as in the Safe Drinking Water Act, 2002; (“danger de l’eau potable pour la santé”) “drinking water system” has the same meaning as in the Safe Drinking Water Act, 2002; (“réseau d’eau potable”) “drinking water threat” means an activity or condition that adversely affects or has the potential to adversely affect the quality or quantity of any water that is or may be used as a source of drinking water, and includes an activity or condition that is prescribed by the regulations as a drinking water threat; (“menace pour l’eau potable”) “highly vulnerable aquifer” has the meaning prescribed by the regulations; (“aquifère…

• 3.
• 3Directors

  3 (1) The Minister shall in writing appoint such directors as the Minister considers necessary, in respect of one or more provisions of this Act or the regulations, as specified in the appointment. 2006, c. 22, s. 3 (1). Same (2) In making an appointment under this section, the Minister shall appoint only, (a) a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry or a member of a class of such public servant; or (b) any other person or member of any other class of person, if the appointment is approved by the Lieutenant Governor in Council. 2006, c. 35, Sched. C, s. 16 (1). Limitation on authority (3) The Minister may, in an appointment of a director, limit the authority of the director in such manner as the Minister considers necessary. 2006, c. 22, s. 3 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 1…

• 4.
• 4Source protection areas – conservation authority

  4 (1) The area over which a conservation authority has jurisdiction under the Conservation Authorities Act is established as a drinking water source protection area for the purposes of this Act. 2006, c. 22, s. 4 (1). Source protection authority (2) The conservation authority shall exercise and perform the powers and duties of a drinking water source protection authority under this Act for the source protection area established by subsection (1). 2006, c. 22, s. 4 (2). Dissolution of conservation authorities (3) Subsection (1) ceases to apply to the area of jurisdiction of a conservation authority that is dissolved under section 13.1 of the Conservation Authorities Act. 2006, c. 22, s. 4 (3).

• 5.
• 5Other source protection areas

  5 If the Minister makes a regulation that establishes a source protection area in the parts of Ontario that are not covered by the source protection areas established by subsection 4 (1) and, for the purpose of this section, the regulation designates a person or body for the source protection area, the person or body shall exercise and perform the powers and duties of a drinking water source protection authority under this Act. 2006, c. 22, s. 5.

• 6.
• 6Source protection regions

  6 (1) If the Minister makes a regulation consolidating two or more source protection areas into a drinking water source protection region and designating a lead source protection authority, each source protection authority in the source protection region shall exercise and perform the powers and duties of a source protection authority under this Act for its source protection area, subject to any agreement referred to in subsection (3) or order made under subsection (5). 2006, c. 22, s. 6 (1). Responsibilities of lead source protection authority (2) The lead source protection authority shall, in accordance with the agreement referred to in subsection (3) or an order under subsection (5), (a) assist the other source protection authorities in the source protection region in exercising and performing their powers and duties under this Act; (b) provide scientific, technical and administrative…

• PART II PREPARATION, AMENDMENT AND REVIEW OF SOURCE PROTECTION PLANS
• [s7]

  part Ii preparation, amendment and review of source protection plans

• 7.
• 7Source protection committees

  7 (1) Each source protection authority shall establish a drinking water source protection committee for the authority’s source protection area. 2006, c. 22, s. 7 (1). Composition (2) A source protection committee shall be composed of the number of members prescribed by the regulations, including the chair of the committee. 2006, c. 22, s. 7 (2). Appointment of members (3) Subject to subsection (4), the members of a source protection committee shall be appointed in accordance with the regulations. 2006, c. 22, s. 7 (3). Appointment of chair (4) The Minister shall appoint the chair of each source protection committee, after considering any recommendations from the source protection authority. 2006, c. 22, s. 7 (4). Assistance from source protection authority (5) A source protection authority shall, (a) assist the source protection committee that it establishes in exercising and performing …

• 8.
• 8Terms of reference

  8 (1) The source protection committee for a source protection area shall, in accordance with the regulations, prepare terms of reference for the preparation under this Act of an assessment report and source protection plan for the source protection area. 2006, c. 22, s. 8 (1). Consultation (2) In preparing the terms of reference, the source protection committee shall consult with all of the municipalities in which any part of the source protection area is located. 2006, c. 22, s. 8 (2). Resolution of municipal council (3) The council of a municipality in which any part of the source protection area is located may pass a resolution requiring the terms of reference to provide, for the purpose of subclause 15 (2) (e) (ii), that the assessment report consider any existing or planned drinking water system specified in the resolution, other than a drinking water system prescribed by the regula…

• 9.
• 10.
• 9Submission to source protection authority

  9 The source protection committee shall, (a) submit proposed terms of reference to the source protection authority for the source protection area, together with a summary of any concerns that were raised by municipalities during consultations and that were not resolved to the satisfaction of the municipalities; (b) give a copy of the proposed terms of reference to the clerk of each municipality in which any part of the source protection area is located; and (c) publish the proposed terms of reference on the Internet and in such other manner as the source protection committee considers appropriate, together with an invitation to submit written comments to the source protection authority within the time period prescribed by the regulations. 2006, c. 22, s. 9.

• 10Submission to Minister

  10 (1) The source protection authority shall submit the proposed terms of reference to the Minister, together with, (a) any comments that the source protection authority wishes to make on the proposed terms of reference; (b) the summary of concerns referred to in clause 9 (a); and (c) any written comments received by the source protection authority, within the time period prescribed by the regulations, after publication of the proposed terms of reference under clause 9 (c). 2006, c. 22, s. 10 (1). Minister’s options (2) The Minister shall, (a) approve the terms of reference; or (b) require the source protection authority, within such time period as is specified by the Minister, to, (i) amend the terms of reference in accordance with the directions of the Minister, and (ii) resubmit the terms of reference to the Minister. 2006, c. 22, s. 10 (2). Resubmission (3) If terms of reference are …

• 11.
• 11Publication of approval

  11 As soon as reasonably possible after terms of reference are approved by the Minister, the Minister shall publish notice of the approval on the environmental registry established under the Environmental Bill of Rights, 1993, together with, (a) a brief explanation of the effect, if any, of the comments and other material submitted under subsection 10 (1) on the Minister’s decision; and (b) any other information that the Minister considers appropriate. 2006, c. 22, s. 11.

• 12.
• 12Terms of reference available to public

  12 If the Minister has approved terms of reference, the source protection authority shall ensure that the terms of reference are available to the public as soon as reasonably possible on the Internet and in such other manner as the source protection authority considers appropriate. 2006, c. 22, s. 12.

• 13.
• 13Amendment of terms of reference

  13 (1) The source protection committee may propose amendments to the terms of reference in the circumstances prescribed by the regulations. 2006, c. 22, s. 13 (1). Same, Minister (2) The Minister may order a source protection committee to prepare amendments to the terms of reference in accordance with directions set out in the order. 2006, c. 22, s. 13 (2). Consultation (3) In preparing an amendment under subsection (1) or (2), the source protection committee shall consult with the municipalities that are affected by the amendment. 2006, c. 22, s. 13 (3). Application of ss. 9 to 12 (4) Sections 9 to 12 apply, with necessary modifications, to an amendment under subsection (1) or (2). 2006, c. 22, s. 13 (4).

• 14.
• 14Great Lakes agreements

  14 (1) If a source protection area contains water that flows into the Great Lakes, the terms of reference for the preparation of an assessment report and source protection plan for the source protection area shall be deemed to require consideration of the following documents: 1. The Great Lakes Water Quality Agreement of 1978 between Canada and the United States of America, signed at Ottawa on November 22, 1978, including any amendments made before or after this section comes into force. 2. The Great Lakes Charter signed by the premiers of Ontario and Quebec and the governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin on February 11, 1985, including any amendments made before or after this section comes into force. 3. The Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem 2002 entered into between Her Majesty the Queen in Right …

• 15.
• 15Assessment reports

  15 (1) The source protection committee for a source protection area shall prepare an assessment report for the source protection area in accordance with the regulations, the rules and the terms of reference. 2006, c. 22, s. 15 (1). Contents (2) An assessment report shall, in accordance with the regulations, the rules and the terms of reference, (a) identify all the watersheds in the source protection area; (b) characterize the quality and quantity of water in each watershed identified under clause (a); (c) set out a water budget for each watershed identified under clause (a) that, (i) identifies the different ways that water enters and leaves the watershed and quantifies the amount of water that enters or leaves in each way, (ii) describes the groundwater and surface water flows in the watershed, (iii) quantifies the existing and anticipated amounts of water taken from the watershed that…

• 16.
• 16Submission to source protection authority

  16 The source protection committee shall, (a) submit the proposed assessment report to the source protection authority for the source protection area, together with a summary of any concerns that were raised by municipalities during consultations and that were not resolved to the satisfaction of the municipalities; (b) give a copy of the proposed assessment report to the clerk of each municipality in which any part of the source protection area is located; and (c) publish the proposed assessment report on the Internet and in such other manner as the source protection committee considers appropriate, together with an invitation to submit written comments to the source protection authority within the time period prescribed by the regulations. 2006, c. 22, s. 16.

• 17.
• 17Submission to Director

  17 (1) The source protection authority shall submit the proposed assessment report to the Director, together with, (a) any comments that the source protection authority wishes to make on the proposed assessment report; (b) the summary of concerns referred to in clause 16 (a); and (c) any written comments received by the source protection authority, within the time period prescribed by the regulations, after publication of the proposed assessment report under clause 16 (c). 2006, c. 22, s. 17 (1). Director’s options (2) The Director shall, (a) approve the assessment report without amendment; or (b) require the source protection authority, within such time period as is specified by the Director, to amend the assessment report in accordance with the directions of the Director and resubmit it to the Director. 2006, c. 22, s. 17 (2). Resubmission (3) If an assessment report is resubmitted to …

• 18.
• 18Publication of approval

  18 As soon as reasonably possible after an assessment report is approved by the Director, the Director shall publish notice of the approval on the environmental registry established under the Environmental Bill of Rights, 1993, together with, (a) a brief explanation of the effect, if any, of the comments and other material submitted under subsection 17 (1) on the Director’s decision; and (b) any other information that the Director considers appropriate. 2006, c. 22, s. 18.

• 19.
• 19Updated assessment reports

  19 (1) If, after the Director approves an assessment report and before a proposed source protection plan is submitted to the source protection authority under subsection 22 (16), the source protection committee becomes aware that the assessment report is no longer accurate or complete, the source protection committee shall submit an updated assessment report to the source protection authority. 2006, c. 22, s. 19 (1). Submission to Director (2) The source protection authority shall submit the updated assessment report to the Director, together with any comments that the source protection authority wishes to make on the updated assessment report. 2006, c. 22, s. 19 (2). Director’s options (3) The Director shall, (a) approve the updated assessment report without amendment; (b) approve the updated assessment report with such amendments as the Director considers appropriate; or (c) refuse to …

• 20.
• 20Assessment report available to public

  20 If the Director has approved an assessment report, the source protection authority shall ensure that the report is available to the public as soon as reasonably possible on the Internet and in such other manner as the source protection authority considers appropriate. 2006, c. 22, s. 20.

• 21.
• 21Interim progress reports

  21 (1) If the Director has approved an assessment report, the source protection authority shall prepare and submit reports to the Director in accordance with this section, at intervals specified under clause (2) (a), that, (a) with respect to each activity specified under clause (2) (b), describe the measures that have been taken to reduce the potential for the activity to adversely affect the raw water supplies of drinking water systems specified in clause 15 (2) (e); (b) with respect to each condition specified under clause (2) (c), describe the measures that have been taken to reduce the potential for the condition to adversely affect the raw water supplies of drinking water systems specified in clause 15 (2) (e); and (c) contain such other information as is specified under clause (2) (d). 2006, c. 22, s. 21 (1). Same (2) When the Director approves the assessment report, the Director …

• 22.
• 22Source protection plan – preparation

  22 (1) The source protection committee for a source protection area shall, in accordance with the regulations and the terms of reference, prepare a source protection plan for the source protection area. 2006, c. 22, s. 22 (1). Contents (2) A source protection plan shall, in accordance with the regulations, set out the following: 1. The most recently approved assessment report. 2. Policies intended to achieve the following objectives for every area identified in the assessment report as an area where an activity is or would be a significant drinking water threat: i. Ensuring that the activity never becomes a significant drinking water threat. ii. Ensuring that, if the activity is being engaged in, the activity ceases to be a significant drinking water threat. 3. Policies intended to assist in achieving every target established under section 85 for the source protection area, if the Minist…

• 23.
• 23Notice of proposed source protection plan

  23 The source protection authority shall, (a) give a copy of the proposed source protection plan to the clerk of each municipality in which any part of the source protection area is located; (b) publish the proposed source protection plan in accordance with the regulations; (c) give notice of the proposed source protection plan in accordance with the regulations to the persons prescribed by the regulations, together with information on how copies of the plan may be obtained and an invitation to submit written comments on the plan to the source protection authority within the time period prescribed by the regulations; and (d) publish notice of the proposed source protection plan in accordance with the regulations, together with information on how members of the public may obtain copies of the plan and an invitation to the public to submit written comments on the plan to the source protect…

• 24.
• 24Resolutions of municipal councils

  24 The council of a municipality may pass a resolution expressing its comments on the proposed source protection plan and may submit the resolution to the source protection authority. 2006, c. 22, s. 24.

• 25.
• 25Submission of source protection plan to Minister

  25 The source protection authority shall submit the proposed source protection plan to the Minister, together with, (a) any written comments that the source protection authority wishes to make on the plan; (b) any written comments received by the source protection authority after publication of the plan under section 23; and (c) any resolutions of municipal councils submitted to the source protection authority under section 24. 2006, c. 22, s. 25.

• 26.
• 26Source protection plans prepared by municipalities

  26 (1) The Minister and one or more municipalities may enter into an agreement governing the preparation by the municipality or municipalities of a source protection plan for a source protection area established by the regulations in the parts of Ontario that are not covered by the source protection areas established by subsection 4 (1). 2006, c. 22, s. 26 (1). Non-application of ss. 7 to 25 (2) Sections 7 to 25 do not apply to a source protection area to which subsection (1) applies. 2006, c. 22, s. 26 (2). Conflict with regulations under s. 109 (1) (a) and rules (3) In the event of a conflict, an agreement entered into under subsection (1) prevails over, (a) a regulation made under clause 109 (1) (a); and (b) the rules. 2006, c. 22, s. 26 (3). Contents of agreement (4) Without limiting the generality of subsection (1), an agreement under that subsection may, (a) provide terms of refere…

• 27.
• 27Minister may confer

  27 If a proposed source protection plan is submitted to the Minister under section 25 or subsection 26 (8), the Minister may confer with any person or body that the Minister considers may have an interest in the proposed source protection plan. 2006, c. 22, s. 27.

• 28.
• 28Hearing officer

  28 (1) The Minister may appoint one or more hearing officers for the purpose of conducting one or more hearings within the source protection area or in the general proximity of that area for the purpose of receiving representations respecting the proposed source protection plan, or any matter relating to the proposed source protection plan. 2006, c. 22, s. 28 (1). Duty of hearing officer (2) On being appointed under subsection (1), the hearing officer shall, (a) fix the time and place for the hearing; and (b) require that notice, as specified by the hearing officer, be given to the persons and bodies prescribed by the regulations in the manner prescribed by the regulations. 2006, c. 22, s. 28 (2). Rules of procedure (3) The hearing officer may make rules of procedure for the hearing. 2006, c. 22, s. 28 (3). Protection from personal liability (4) The hearing officer is not personally liab…

• 29.
• 29Minister’s options

  29 (1) The Minister shall, after considering any comments and resolutions submitted under section 25, any comments and other material submitted under subsection 26 (8) and any recommendations made by a hearing officer, (a) approve the source protection plan; or (b) require the source protection authority, if the source protection plan was submitted under section 25, or the municipality or municipalities that prepared the source protection plan, if the source protection plan was submitted under subsection 26 (8), within such time period as is specified by the Minister, to, (i) amend the source protection plan in accordance with the directions of the Minister, and Note: On a day to be named by order of the Lieutenant Governor in Council, subclause 29 (1) (b) (i) of the Act is repealed and the following substituted: (See: 2025, c. 11, Sched. 1, s. 2) (i) in accordance with the directions of…

• 30.
• 30Publication of approval

  30 (1) As soon as reasonably possible after a source protection plan is approved by the Minister, the Minister shall publish notice of the approval on the environmental registry established under the Environmental Bill of Rights, 1993, together with, (a) a brief explanation of the effect, if any, of any comments and resolutions submitted under section 25, any comments and other material submitted under subsection 26 (8) and any recommendations made by a hearing officer on the Minister’s decision; and (b) any other information that the Minister considers appropriate. 2006, c. 22, s. 30. Note: On a day to be named by order of the Lieutenant Governor in Council, section 30 of the Act is amended by adding the following subsection: (See: 2025, c. 11, Sched. 1, s. 3) Publication of deemed approval (2) As soon as reasonably possible after an amendment to a source protection plan is deemed to be…

• 31.
• 31Effective date of plan

  31 A source protection plan takes effect on the date notice is published under section 30 or on such later date as is specified in the plan. 2006, c. 22, s. 31.

• 32.
• 32Source protection plan available to public

  32 If the Minister has approved a source protection plan, the source protection authority shall ensure that the plan is available to the public on the Internet and in such other manner as the source protection authority considers appropriate. 2006, c. 22, s. 32. Note: On a day to be named by order of the Lieutenant Governor in Council, section 32 of the Act is amended by striking out “If the Minister has approved a source protection plan, the source protection authority shall” at the beginning and substituting “If the Minister has approved a source protection plan, or if a source protection plan has been deemed to be approved, the source protection authority shall”. (See: 2025, c. 11, Sched. 1, s. 4) Section Amendments with date in force (d/m/y) 2025, c. 11, Sched. 1, s. 4 - not in force

• 33.
• 33Failure to submit

  33 (1) If a source protection authority fails to submit terms of reference, an assessment report or a source protection plan to the Minister or the Director, as the case may be, by the date prescribed by the regulations, or the Minister is of the opinion that the source protection authority will not submit terms of reference, an assessment report or a source protection plan to the Minister or the Director, as the case may be, by the date prescribed by the regulations, the Minister may give the source protection authority written notice of his or her intention to issue an order under subsection (3). 2006, c. 22, s. 33 (1); 2009, c. 33, Sched. 15, s. 2 (3). Response (2) The source protection authority may, within 15 days of receiving the notice, give the Minister a written response indicating why the Minister should not make an order under subsection (3). 2006, c. 22, s. 33 (2). Order (3) …

• 34.
• 34Amendments initiated by source protection authority

  34 (1) A source protection authority may propose amendments to a source protection plan in the circumstances prescribed by the regulations. 2006, c. 22, s. 34 (1). Copies of proposed amendments for municipalities (2) The source protection authority shall give a copy of the proposed amendments to the clerk of each municipality in which any part of the source protection area is located, if the municipality is affected by the amendments. 2006, c. 22, s. 34 (2). Resolutions of municipal councils (3) If the council of every municipality whose clerk was given a copy of the proposed amendments passes a resolution endorsing the amendments, or if the amendments only affect unorganized territory, the source protection authority shall, (a) publish the proposed amendments in accordance with the regulations; (b) give notice of the proposed amendments in accordance with the regulations to the persons …

• 35.
• 35Amendments initiated by Minister

  35 (1) The Minister may order a source protection authority to prepare amendments to a source protection plan in accordance with directions set out in the order. 2006, c. 22, s. 35 (1). Amendment to consider drinking water system (2) Without limiting the generality of subsection (1), the Minister may direct the source protection authority to prepare amendments to a source protection plan to consider any existing or planned drinking water system specified by the Minister that is located in the source protection area. 2006, c. 22, s. 35 (2). Same (3) Despite subsections (1) and (2), the Minister shall not direct the source protection authority to prepare amendments to a source protection plan to consider an existing or planned drinking water system prescribed by the regulations for the purpose of this subsection. 2006, c. 22, s. 35 (3). Consultation (4) In preparing the amendments, the sou…

• 36.
• 36Reviews

  36 (1) When the Minister approves a source protection plan, he or she shall, by order, (a) specify each part of the assessment report and each other part of the source protection plan for which a review is required; (b) specify the dates by which, (i) the review of each part of the assessment report and each other part of the source protection plan must begin, and (ii) the steps involved in complying with subsections (3) to (10) must be completed for each part of the review; (c) specify any requirements governing the review of the plan that are in addition to the requirements set out in this section; and (d) specify any requirements set out in this section that do not apply in respect of the review. 2009, c. 33, Sched. 15, s. 2 (4). Parts of reports and plans (2) In subsections (3) to (10), a reference to a part of an assessment report or a part of a source protection plan is a reference…

• PART III EFFECT OF SOURCE PROTECTION PLANS
• [s38]

  part iii Effect of source protection Plans

• 37.
• 37Application

  37 This Part applies in a source protection area where a source protection plan has taken effect. 2006, c. 22, s. 37.

• 38.
• 38Obligation to implement policies

  38 A municipality, local board or source protection authority shall comply with any obligation that is imposed on it by a significant threat policy or designated Great Lakes policy that is set out in the source protection plan. 2006, c. 22, s. 38.

• 39.
• 39Effect of plan

  39 (1) A decision under the Planning Act or the Condominium Act, 1998 made by a municipal council, municipal planning authority, planning board, other local board, minister of the Crown or ministry, board, commission or agency of the Government of Ontario, including the Ontario Land Tribunal, that relates to the source protection area shall, (a) conform with significant threat policies and designated Great Lakes policies set out in the source protection plan; and (b) have regard to other policies set out in the source protection plan. 2006, c. 22, s. 39 (1); 2021, c. 4, Sched. 6, s. 38 (2). Conflicts re official plans, by-laws (2) Despite any other Act, the source protection plan prevails in the case of conflict between a significant threat policy or designated Great Lakes policy set out in the source protection plan and, (a) an official plan; (b) a zoning by-law; or (c) subject to subse…

• 40.
• 40Official plan and conformity

  40 (1) The council of a municipality or a municipal planning authority that has jurisdiction in an area to which the source protection plan applies shall amend its official plan to conform with the significant threat policies and designated Great Lakes policies set out in the source protection plan. 2006, c. 22, s. 40 (1). Deadline for amendments (2) The council or municipal planning authority shall make any amendments required by subsection (1) before the date specified in the source protection plan for the purpose of this section. 2006, c. 22, s. 40 (2).

• 41.
• 41Minister’s proposals to resolve official plan non-conformity

  41 (1) If, in the Minister’s opinion, the official plan of a municipality or a municipal planning authority does not conform with a significant threat policy or designated Great Lakes policy set out in the source protection plan, the Minister may, (a) advise the municipality or municipal planning authority of the particulars of the non-conformity; and (b) invite the municipality or municipal planning authority to submit, within a specified time, proposals for the resolution of the non-conformity. 2006, c. 22, s. 41 (1). Joint order (2) The Minister jointly with the Minister of Municipal Affairs and Housing may, by order, amend the official plan to resolve the non-conformity, (a) if the council or municipal planning authority fails to submit proposals to resolve the non-conformity within the specified time; or (b) if proposals are submitted but, after consultation with the Minister, the n…

• 42.
• 42Zoning by-law conformity

  42 Sections 40 and 41 also apply, with necessary modifications, to zoning by-laws. 2006, c. 22, s. 42. Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2025, c. 11, Sched. 1, s. 7)

• 43.
• 42.1Prescribed instruments

  42.1 (1) Subject to a regulation made under clause 108 (1) (g.5), (g.6) or (g.7), a person or body that makes a decision to issue, otherwise create or amend a prescribed instrument shall ensure that, (a) if the source protection plan includes a prohibition described in paragraph 1 of subsection 22 (8.1), the decision conforms to the prohibition; or (b) if the source protection plan contains the policy described in paragraph 2 of subsection 22 (8.1), the decision is designed to achieve the objectives set out in paragraph 2 of subsection 22 (2). 2025, c. 11, Sched. 1, s. 7. Review re policy (2) Subject to a regulation made under clause 108 (1) (g.5), (g.6) or (g.7), if a source protection plan contains a policy described in paragraph 2 of subsection 22 (8.1) in respect of a prescribed instrument and a person or body has issued or otherwise created the prescribed instrument before the sourc…

• 44.
• 43Prescribed instruments and conformity

  43 (1) Subject to a regulation made under clause 109 (1) (k), (l) or (m), a person or body that issued or otherwise created a prescribed instrument before the source protection plan took effect shall amend the instrument to conform with the significant threat policies and designated Great Lakes policies set out in a source protection plan. 2006, c. 22, s. 43 (1). Deadline for amendments (2) The person or body that issued or otherwise created the instrument shall make any amendments required by subsection (1) before the date specified in the source protection plan for the purpose of this section. 2006, c. 22, s. 43 (2). No authority (3) Subsection (1) does not permit or require a person or body to make amendments that it does not otherwise have authority to make. 2006, c. 22, s. 43 (3). Note: On a day to be named by order of the Lieutenant Governor in Council, section 43 of the Act is rep…

• 45.
• 44Requests for amendment or issuance of instruments

  44 (1) Subject to a regulation made under clause 109 (1) (k), (l) or (m), if, in the Minister’s opinion, a prescribed instrument does not conform with a significant threat policy or designated Great Lakes policy set out in the source protection plan, the Minister may, (a) advise any person or body that has authority to amend or require an amendment to the instrument of the particulars of the non-conformity; (b) request the person or body to take such steps as are authorized by law to amend the instrument to address the non-conformity; and (c) require the person or body to report to the Minister on any steps taken under clause (b) and on any amendment that is made to the instrument. 2006, c. 22, s. 44 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 44 (1) of the Act is repealed. (See: 2025, c. 11, Sched. 1, s. 9) Issuance of instrument; condition…

• 46.
• 45Monitoring program

  45 If a public body is designated in a source protection plan as being responsible for the implementation of a policy governing monitoring, the public body shall conduct a monitoring program in accordance with the policy. 2006, c. 22, s. 45.

• PART IV REGULATION OF DRINKING WATER THREATS
• [s49]
• 46Annual progress reports

  46 (1) The source protection authority shall annually prepare and submit to the Director and the source protection committee in accordance with the regulations a report that, (a) describes the measures that have been taken to implement the source protection plan, including measures taken to ensure that activities cease to be significant drinking water threats and measures taken to ensure that activities do not become significant drinking water threats; (b) describes the results of any monitoring program conducted pursuant to section 45; (c) describes the extent to which the objectives set out in the source protection plan are being achieved; and (d) contains such other information as is prescribed by the regulations. 2006, c. 22, s. 46 (1). Submitting report to source protection committee (2) At least 30 days before submitting the report to the Director under subsection (1), a source pro…

• 47.
• [s50]

  part iV regulation of drinking water threats

• 48.
• 47Enforcement by municipalities

  47 (1) Except where otherwise provided, (a) the council of a single-tier municipality is responsible for the enforcement of this Part in the municipality; and (b) the council of an upper-tier municipality or lower-tier municipality that has authority to pass by-laws respecting water production, treatment and storage under the Municipal Act, 2001 is responsible for the enforcement of this Part in the municipality. 2006, c. 22, s. 47 (1). Joint enforcement (2) The councils of two or more municipalities referred to in subsection (1) may enter into an agreement, (a) providing for the joint enforcement of this Part within their respective municipalities; (b) providing for the sharing of costs incurred in the enforcement of this Part within their respective municipalities; and (c) providing for the appointment of a risk management official and risk management inspectors. 2006, c. 22, s. 47 (2)…

• 49.
• 48Enforcement by board of health, planning board or source protection authority

  48 (1) The council of a municipality referred to in subsection 47 (1) and a board of health, planning board or source protection authority may enter into an agreement for the enforcement of this Part by the board of health, planning board or source protection authority in the municipality with respect to activities identified in the agreement, and for charging the municipality the whole or part of the cost. 2006, c. 22, s. 48 (1). Power (2) If an agreement under subsection (1) is in effect, the board of health, planning board or source protection authority, as the case may be, has jurisdiction for the enforcement of this Part in the municipality with respect to the activities identified in the agreement and shall appoint a risk management official and such risk management inspectors as are necessary for that purpose. 2006, c. 22, s. 48 (2). Certificate (3) The board of health, planning b…

• 50.
• 49Provincial enforcement

  49 (1) Subject to section 50, Ontario is responsible for the enforcement of this Part in unorganized territory. 2006, c. 22, s. 49 (1). Agreements (2) The council of a municipality referred to in subsection 47 (1) and the Crown in right of Ontario represented by the Minister may enter into an agreement providing for the enforcement of this Part by Ontario in the municipality with respect to the activities identified in the agreement, subject to such payment in respect of costs as is set out in the agreement. 2006, c. 22, s. 49 (2). Same (3) If an agreement under subsection (2) is in effect, Ontario has jurisdiction for the enforcement of this Part in the municipality with respect to the activities identified in the agreement. 2006, c. 22, s. 49 (3).

• 51.
• 50Agreements re unorganized territory

  50 (1) The council of a municipality referred to in subsection 47 (1) adjacent to unorganized territory and the Crown in right of Ontario represented by the Minister may enter into an agreement providing for the enforcement of this Part by the municipality with respect to activities identified in the agreement in such part of the unorganized territory and subject to such payment in respect of costs as is set out in the agreement. 2006, c. 22, s. 50 (1). Area of jurisdiction (2) The municipality has jurisdiction for the enforcement of this Part with respect to the activities identified in the agreement in the area designated in the agreement under subsection (1). 2006, c. 22, s. 50 (2). Board of health, planning board, source protection authority (3) A board of health, planning board or source protection authority and the Crown in right of Ontario represented by the Minister may enter int…

• 52.
• 51Prescribed activities

  51 (1) Despite sections 47 to 50, Ontario is responsible for the enforcement of this Part with respect to activities prescribed by the regulations. 2006, c. 22, s. 51 (1). Same (2) If a regulation mentioned in subsection (1) is in effect, Ontario has jurisdiction for the enforcement of this Part with respect to the activities prescribed by the regulation. 2006, c. 22, s. 51 (2). Ontario risk management official and inspectors

• 53.
• 52Risk management official

  52 (1) The Director is the risk management official for the enforcement of this Part in the areas in which and with respect to the activities for which Ontario has jurisdiction. 2006, c. 22, s. 52 (1). Same (2) Despite clause 3 (2) (b), a person other than a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry or a member of a class of such public servant may be appointed as a director under subsection 3 (1) without the approval of the Lieutenant Governor in Council if, (a) the person appointed is a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in another ministry of the Government of Ontario or a member of a class of such public servant; and (b) the appointment specifies that it is in respect of this Part. 2006, c. 35, Sched. C, s. 16 (2). Risk management inspectors (3) Risk management i…

• 54.
• 53Qualifications

  53 (1) A person is not eligible to be appointed as a risk management official under section 47, 48 or 50 unless he or she has the qualifications prescribed by the regulations. 2006, c. 22, s. 53 (1). Same (2) A person is not eligible to be appointed as a risk management inspector under this Part unless he or she has the qualifications prescribed by the regulations. 2006, c. 22, s. 53 (2).

• 55.
• 54Records

  54 (1) Every person or body that has jurisdiction for the enforcement of this Part shall retain such records as may be prescribed by the regulations for the period of time prescribed by the regulations. 2006, c. 22, s. 54 (1). Transfer of records (2) If an agreement is entered into under subsection 47 (4), 48 (1), 49 (2) or 50 (1) or (3), any records retained by a party to the agreement under subsection (1) shall be transferred to the person or body that, under the agreement, will enforce this Part. 2006, c. 22, s. 54 (2). Available to the public (3) A person or body that holds records under this section shall make such records as are prescribed by the regulations available to the public. 2006, c. 22, s. 54 (3).

• 56.
• 55By-laws, resolutions, regulations

  55 (1) The council of a municipality or a board of health that is responsible for the enforcement of this Part may pass by-laws, a planning board that is responsible for the enforcement of this Part may pass resolutions, a source protection authority that is responsible for the enforcement of this Part and is not a conservation authority may pass resolutions, a source protection authority that is responsible for the enforcement of this Part and is a conservation authority may make regulations and the Minister may make regulations, applicable in the area in which the municipality, board of health, planning board, source protection authority or the Province of Ontario, respectively, has jurisdiction for the enforcement of this Part, (a) prescribing classes of risk management plans and classes of risk assessments; (b) establishing and governing an inspection program for the purpose of enfor…

• 57.
• 56Interim risk management plans

  56 (1) Subject to subsection (9), a person engaged in an activity or proposing to engage in an activity and a risk management official may agree to a risk management plan for the activity at a particular location if, (a) the activity is prescribed by the regulations for the purpose of this section; and (b) the Director has approved an assessment report and, (i) the activity is or will be engaged in in an area identified in the assessment report as an area where the activity is or would be a significant drinking water threat, and (ii) the area identified in the assessment report as an area where the activity is or would be a significant drinking water threat is within a surface water intake protection zone or wellhead protection area. 2006, c. 22, s. 56 (1). Notice of plan (2) If a risk management official and a person agree to a risk management plan under subsection (1), the risk managem…

• 58.
• 57Prohibited activities

  57 (1) If a source protection plan that is in effect designates an activity as an activity to which this section should apply and an area within which this section should apply to the activity, a person shall not engage in that activity at any location within that area. 2006, c. 22, s. 57 (1). Transition (2) If an activity was engaged in at a particular location immediately before the source protection plan took effect, subsection (1) does not apply to a person who engages in the activity at that location until 180 days after the plan takes effect or such later date as is set out in the source protection plan. 2006, c. 22, s. 57 (2).

• 59.
• 58Regulated activities

  58 (1) If a source protection plan that is in effect designates an activity as an activity to which this section should apply and an area within which this section should apply to the activity, a person shall not engage in that activity at any location within that area unless a risk management plan has been agreed to or established under this section or section 56 for that activity at that location. 2006, c. 22, s. 58 (1). Transition (2) Subject to subsections (3) and (4), if an activity was engaged in at a particular location immediately before the source protection plan took effect, subsection (1) does not apply to a person who engages in the activity at that location. 2006, c. 22, s. 58 (2). Same (3) If an activity was engaged in at a particular location immediately before the source protection plan took effect and the source protection plan specifies a date for the purpose of this su…

• 60.
• [s63]
• 59Restricted land uses

  59 (1) If a source protection plan that is in effect designates a land use as a land use to which this section should apply and an area within which this section should apply, (a) a person shall not make an application under a provision of the Planning Act prescribed by the regulations for the purpose of using land for that land use at any location within that area; and (b) despite section 58, a person shall not construct or change the use of a building at any location within that area, if the building will be used in connection with that land use,

• 61.
• [s64]

  unless the risk management official issues a notice to the person under subsection (2). 2006, c. 22, s. 59 (1). Issuance of notice (2) The risk management official shall, on application, issue a notice to a person for the purpose of subsection (1) if, and only if, the applicant has paid all applicable fees and, (a) neither section 57 nor section 58 applies to the activity for which the land is to be used at the location where the land is to be used; or (b) section 58 applies to the activity for which the land is to be used at the location where the land is to be used and a risk management plan that applies to that activity at that location has been agreed to or established under section 56 or 58. 2006, c. 22, s. 59 (2). Time for application (3) If section 58 applies to the activity for which the land is to be used at the location where the land is to be used, an application for the issua…

• 62.
• 60Risk assessment can exclude application of ss. 56, 57 and 58

  60 (1) Sections 56, 57 and 58 do not apply to an activity that is engaged in at a particular location if, (a) a risk assessment relating to the activity at that location has been submitted to the risk management official; (b) the risk assessment concludes that the activity, if engaged in at that location, is not a significant drinking water threat at that location; and (c) the risk management official has accepted the risk assessment under this section. 2006, c. 22, s. 60 (1). Acceptance of risk assessment (2) On application, the risk management official shall accept a risk assessment that concludes that an activity is not a significant drinking water threat if, and only if, all applicable fees have been paid and, (a) the risk management official is satisfied that the activity has been assessed in accordance with the regulations and the rules; or (b) in circumstances prescribed under cla…

• 63.
• 61Report on activity

  61 (1) A risk management official may, by order, require a person who engages in or proposes to engage in an activity to which section 56 or 58 applies to provide the risk management official with a report that describes the manner in which the activity is being or is proposed to be engaged in, including any risk management measures that are being or are proposed to be taken with respect to the protection of drinking water sources. 2006, c. 22, s. 61 (1). Same (2) A person who is required to provide a report under subsection (1) shall ensure that it is prepared and submitted to the risk management official in accordance with the order. 2006, c. 22, s. 61 (2).

• 64.
• 62Inspections

  62 (1) Subject to subsections (2) and (3), a risk management inspector may, for the purpose of enforcing this Part, enter property, without the consent of the owner or occupier and without a warrant, if, (a) the risk management inspector has reasonable grounds to believe that an activity to which section 56, 57 or 58 applies is being engaged in on the property; or (b) the risk management inspector has reasonable grounds to believe that there are documents or data on the property that relate to an activity to which section 56, 57 or 58 applies. 2006, c. 22, s. 62 (1). Training (2) A risk management inspector shall not enter property unless the risk management inspector has received training prescribed by the regulations. 2006, c. 22, s. 62 (2). Dwellings (3) A risk management inspector shall not enter a room actually used as a dwelling without the consent of the occupier except under the …

• 65.
• 62.1Power to require response to inquiries

  62.1 (1) For the purposes of determining compliance of a person with this Part, a risk management inspector may, at any reasonable time and with any reasonable assistance, require the person, or any person employed by or providing services to the person, to respond to reasonable inquiries. 2017, c. 2, Sched. 11, s. 1. Same (2) For the purposes of subsection (1), a risk management inspector may make inquiries by telephone or by any other means of communication. 2017, c. 2, Sched. 11, s. 1. Production of document (3) In requiring a person to respond to an inquiry under subsection (1), a risk management inspector may require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purpose of the inquiry. 2017, c. 2, Sched. 11, s. 1. Records in electronic form (4) If a record is retained in electron…

• 66.
• 63Enforcement orders

  63 (1) If a risk management inspector has reasonable grounds to believe that a person is contravening subsection 57 (1) or 58 (1), the inspector may make an order requiring the person to do any one or more of the following things: 1. Comply, by a date specified in the order, with directions set out in the order relating to achieving compliance with subsection 57 (1) or 58 (1). 2. Cease engaging in the activity that constitutes the contravention. 3. Report to the risk management inspector on compliance with the order, in such manner and at such times as are set out in the order. 2006, c. 22, s. 63 (1). Information to be included (2) An order under subsection (1) shall briefly describe the nature and location of the contravention. 2006, c. 22, s. 63 (2). Order to comply with directions (3) If an order under paragraph 1 of subsection (1) requires a person to comply with directions by a date…

• 67.
• 64Risk management official may cause things to be done

  64 (1) Where an order made under section 63 is not stayed, the risk management official may cause to be done any thing required by it if, (a) a person required by the order to do the thing, (i) has refused to comply with or is not complying with the order, (ii) is not likely, in the risk management official’s opinion, to comply with the order promptly, (iii) is not likely, in the risk management official’s opinion, to carry out the order competently, or (iv) requests the assistance of the risk management official in complying with the order; (b) a receiver or trustee in bankruptcy is not required to do the thing because of subsection 79 (5); or (c) in the risk management official’s opinion, it would be in the public interest to do so. 2006, c. 22, s. 64 (1). Notice of intent to cause things to be done (2) The risk management official shall give notice of an intention to cause a thing to …

• 68.
• 65Person liable unknown

  65 Where a risk management inspector is authorized by section 63 to issue an order requiring a person to do a thing and the identity of the person cannot be ascertained, the risk management inspector may cause the thing to be done. 2006, c. 22, s. 65; 2009, c. 33, Sched. 15, s. 2 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 2 (7) - 15/12/2009

• 69.
• 66Powers of entry for s. 64 or 65

  66 (1) Subject to subsections (2) and (3), a person who is responsible for doing a thing under section 64 or 65 may, for the purpose, enter property on which the thing is to be done and any adjacent property without a warrant if, (a) the entry is made with the consent of an occupier of the property; or (b) there are reasonable grounds to believe that the delay necessary to obtain a warrant under subsection (4) would result in an imminent drinking water health hazard. 2006, c. 22, s. 66 (1). Training (2) A person shall not enter property for the purpose of doing a thing unless the person has received training prescribed by the regulations. 2006, c. 22, s. 66 (2). Dwellings (3) A person shall not enter a room actually used as a dwelling without the consent of the occupier except under the authority of a warrant under subsection (4). 2006, c. 22, s. 66 (3). Warrant authorizing entry (4) A j…

• 70.
• 67Order to pay

  67 (1) The risk management official may issue an order to pay the costs of doing any thing caused to be done by the risk management official under section 64 to any person required by an order made under section 63 to do the thing. 2006, c. 22, s. 67 (1). Same (2) If, after the risk management official causes any thing to be done under section 65, the risk management official ascertains the identity of a person to whom an order requiring the thing to be done could have been issued under section 63, the risk management official may issue an order to pay the costs of doing the thing to that person. 2006, c. 22, s. 67 (2). Same (3) If the risk management official has caused any thing to be done under section 64 in circumstances where, pursuant to subsection 79 (5) or a stay granted under Part I of the Bankruptcy and Insolvency Act (Canada), a receiver or trustee in bankruptcy was not requir…

• 71.
• 68Enforcement of order to pay

  68 (1) An order to pay costs under section 67 may be filed with a local registrar of the Superior Court of Justice and enforced as if it were an order of the court. 2006, c. 22, s. 68 (1). Interest (2) Section 129 of the Courts of Justice Act applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order. 2006, c. 22, s. 68 (2).

• 72.
• 69Collection of costs

  69 (1) For the purposes of subsections (2) and (3), a thing done as a result of activities on real property is a thing done in connection with that property, whether or not the work is done on that property. 2006, c. 22, s. 69 (1). Addition to tax roll (2) If an order to pay costs under section 67 is directed to a person who owns real property in a local municipality, and the risk management official instructs the municipality to recover amounts specified in the order that relate to things done in connection with that property, the treasurer of the municipality shall add the costs to the tax roll and collect them in the same manner as taxes. 2006, c. 22, s. 69 (2). Same, unorganized territory (3) If an order to pay costs under section 67 is directed to a person who owns real property in unorganized territory, and the risk management official requests the Minister of Finance to recover am…

• 73.
• 70Orders

  70 (1) When the risk management official or a risk management inspector makes an order listed in subsection (2), he or she shall serve written notice, together with written reasons for making the order, on the person against whom the order is made. 2006, c. 22, s. 70 (1). Application of subs. (1) (2) Subsection (1) applies to: 1. An order under section 56 or 58 establishing or amending a risk management plan. 2. An order under section 61, 63, 67 or 80. 2006, c. 22, s. 70 (2). Refusals (3) When the risk management official refuses to make an order under section 58 establishing or amending a risk management plan or refuses to issue a notice under section 59, he or she shall serve written notice, together with written reasons for the refusal, on the person who made the application for the establishment or amendment of the plan or the issuance of the notice. 2006, c. 22, s. 70 (3). Notice re…

• 74.
• 71Extension of time for requiring hearing

  71 The Tribunal shall extend the time in which a person may give a notice under subsection 70 (4) requiring a hearing on an order or refusal where, in the Tribunal’s opinion, it is just to do so because service of the notice under subsection 70 (1) or (3) did not give the person notice of the order or refusal. 2006, c. 22, s. 71.

• 75.
• 72Contents of notice requiring hearing

  72 (1) A person who requires a hearing by the Tribunal shall state in the notice requiring the hearing, (a) the portions of the order on which the hearing is required, if the hearing is required on an order; and (b) the grounds on which the person intends to rely at the hearing. 2006, c. 22, s. 72 (1). Effect of contents of notice (2) Except with leave of the Tribunal, at a hearing by the Tribunal, the person who required the hearing is not entitled to appeal a portion of an order, or to rely on a ground, that is not stated in the notice requiring the hearing. 2006, c. 22, s. 72 (2). Leave by Tribunal (3) The Tribunal may grant the leave referred to in subsection (2) where the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give such directions as the Tribunal considers proper consequent on the granting of the leave. 2006, c. 22, s. 72 (3).

• 76.
• 73Stays on appeal

  73 (1) The commencement of a proceeding before the Tribunal under section 70 does not stay the operation of an order on which the hearing is required, unless the order was made under section 67. 2006, c. 22, s. 73 (1). Tribunal may grant stay (2) The Tribunal may, on the application of a party to a proceeding commenced under section 70, stay the operation of the order on which the hearing is required. 2006, c. 22, s. 73 (2). When stay may not be granted (3) The Tribunal shall not stay the operation of an order under subsection (2) if doing so would result in a drinking water health hazard. 2006, c. 22, s. 73 (3). Removal of stay by Tribunal (4) The Tribunal, on the application of a party to a proceeding, shall remove a stay if failure to do so would result in a drinking water health hazard. 2006, c. 22, s. 73 (4). Section Amendments with date in force (d/m/y) CTS 30 JA 08 - 1

• 77.
• 74Parties

  74 The parties to the hearing are: 1. The person requiring the hearing. 2. The risk management official or risk management inspector who was served under subsection 70 (4). 3. Any other person specified by the Tribunal. 2006, c. 22, s. 74.

• 78.
• 75Costs specified in order to pay may be increased by Tribunal

  75 At a hearing by the Tribunal on an order to pay costs under section 67, the risk management official may, on reasonable notice to all parties, ask the Tribunal to amend the order by adding new costs or expenses or by increasing the amounts set out in the order. 2006, c. 22, s. 75.

• 79.
• 76Powers of Tribunal

  76 Subject to section 77, a hearing by the Tribunal required by section 70 shall be a new hearing and the Tribunal may confirm, alter or revoke the action of the risk management official or risk management inspector that is the subject-matter of the hearing and may by order direct the risk management official or risk management inspector to take such action as the Tribunal considers the risk management official or risk management inspector should take in accordance with this Act and the regulations, and, for such purposes, the Tribunal may substitute its opinion for that of the risk management official or risk management inspector. 2006, c. 22, s. 76.

• 80.
• 77What Tribunal may consider at hearing to pay costs

  77 (1) At a hearing by the Tribunal on an order under subsection 67 (1) or (3) to a person to pay the costs of doing things, the Tribunal shall consider only whether any of the costs specified in the order, (a) do not relate to a thing that the person was required to do by an order made under section 63, as amended by any Tribunal decision; or (b) are unreasonable having regard to what was done. 2006, c. 22, s. 77 (1). Same, receiver or trustee in bankruptcy (2) For the purpose of subsection (1), if the order under subsection 67 (1) or (3) was issued to a receiver or trustee in bankruptcy, (a) the receiver or trustee in bankruptcy shall be deemed to have been required to do any thing that was required to be done by the person whose property the receiver or trustee in bankruptcy holds or administers; and (b) the receiver or trustee in bankruptcy shall be deemed to have been required to do…

• 81.
• 78Records

  78 (1) Every person required to retain a record pursuant to an order issued under this Part or pursuant to a risk management plan that is agreed to or established under section 56 or 58 shall make the record available to a risk management inspector for inspection on his or her request. 2006, c. 22, s. 78 (1); 2009, c. 33, Sched. 15, s. 2 (8). Copies or extracts (2) The risk management inspector may, on giving a receipt, remove any record referred to in subsection (1) for the purpose of making copies or extracts and shall promptly return the record. 2006, c. 22, s. 78 (2). Records in electronic form (3) If a record is retained in electronic form, the risk management inspector may require that a copy of it be provided to him or her on paper or in a machine-readable medium or both. 2006, c. 22, s. 78 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 2 (8) - 15/12…

• PART V OTHER MATTERS
• [s85]
• 79Successors and assigns

  79 (1) An order under section 61, 63, 67 or 80 is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed. 2006, c. 22, s. 79 (1). Limitation (2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets. 2006, c. 22, s. 79 (2). Receivers and trustees (3) An order under section 63, 67 or 80 that relates to property is binding on a receiver or trustee that holds or administers the property. 2006, c. 22, s. 79 (3). Limi…

• 82.
• 80Authority to order access

  80 (1) If a person is required by a risk management plan agreed to or established under section 56 or 58 to do a thing on or in any place, the risk management official may order any person who owns, occupies or has the charge, management or control of the place to permit access to the place for the purpose of doing the thing. 2006, c. 22, s. 80 (1). Same (2) A risk management inspector who has authority under this Part to require that a thing be done on or in any place also has authority to order any person who owns, occupies or has the charge, management or control of the place to permit access to the place for the purpose of doing the thing. 2006, c. 22, s. 80 (2).

• 83.
• [s87]
• 81Annual reports

  81 Each risk management official shall annually prepare and submit to the appropriate source protection authority in accordance with the regulations a report that summarizes the actions taken by the risk management official and risk management inspectors under this Part. 2006, c. 22, s. 81.

• 84.
• [s88]

  part v other matters

• 85.
• 82Existing aboriginal or treaty rights

  82 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2006, c. 22, s. 82.

• 86.
• 83Great Lakes advisory committees

  83 The Minister may establish one or more advisory committees to provide advice to the Minister on any matter relating to the use of the Great Lakes as a source of drinking water. 2006, c. 22, s. 83.

• 87.
• 84Great Lakes reports from source protection authorities

  84 (1) The Minister may direct a source protection authority, (a) to prepare and submit to the Minister, in accordance with the direction, a report on any matter relating to the use of the Great Lakes as a source of drinking water; or (b) to assist another source protection authority in preparing a report under clause (a). 2006, c. 22, s. 84 (1). Consultation (2) In preparing a report under this section, the source protection authority shall consult with all of the municipalities in which any part of the authority’s source protection area is located and with such other persons or bodies as are specified by the Minister. 2006, c. 22, s. 84 (2).

• 88.
• 85Great Lakes targets

  85 (1) The Minister may establish targets relating to the use of the Great Lakes as a source of drinking water for one or more source protection areas that contribute water to the Great Lakes. 2006, c. 22, s. 85 (1). Same (2) Targets may be established under subsection (1) respecting the quality or quantity of water. 2006, c. 22, s. 85 (2). Division of target among source protection areas (3) If the Minister establishes a target under subsection (1) for a group of source protection areas, the Minister may direct the source protection authorities for those source protection areas to jointly establish, in accordance with the direction, a target for each of the source protection areas. 2006, c. 22, s. 85 (3). Same (4) If the source protection authorities fail to jointly establish a target for each of the source protection areas under subsection (3), the Minister may establish a target for e…

• 89.
• 86Obligations of municipalities

  86 (1) A municipality in which any part of a source protection area is located shall co-operate with the source protection authority and source protection committee for the source protection area, with other municipalities in which any part of the source protection area is located, and with ministries of the Government of Ontario in addressing issues that affect the quality or quantity of any water that is or may be used as a source of drinking water. 2006, c. 22, s. 86 (1). Same (2) Without limiting the generality of subsection (1), a municipality shall, on request, for a purpose listed in subsection (3), (a) provide a source protection authority, source protection committee, municipality or ministry with copies of any document or other record in the possession or control of the municipality that relates to the quality or quantity of any water that is or may be used as a source of drink…

• 90.
• 87Obligations of others

  87 (1) On request, a person or body listed in subsection (2) shall, for a purpose listed in subsection (3), provide a source protection authority, source protection committee, municipality or ministry with copies of any document or other record in the possession or control of the person or body that relates to the quality or quantity of any water that is or may be used as a source of drinking water, including, (a) any technical or scientific studies undertaken by or on behalf of the person or body; and (b) any document or other record relating to a drinking water threat. 2006, c. 22, s. 87 (1). Persons and bodies (2) The persons and bodies referred to in subsection (1) are: 1. A local board. 2. A ministry, board, commission or agency of the Government of Ontario. 3. A designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996 that …

• 91.
• 88Powers of entry

  88 (1) Subject to subsections (4) and (5), an employee or agent of a source protection authority or a person designated by a source protection authority under subsection (2) may enter property, without the consent of the owner or occupier and without a warrant, if, (a) the entry is for the purpose of collecting information relevant to the preparation of an assessment report or source protection plan under this Act; (b) the entry is for the purpose of collecting information relevant to the preparation of a report under section 21 or 46; or (c) the entry is for the purpose of conducting a monitoring program under section 45. 2006, c. 22, s. 88 (1). Designation by source protection authority (2) A source protection authority may in writing designate, for the purposes of subsection (1), (a) an employee or agent of a municipality; or (b) all persons who are members of a class of employees or …

• 92.
• 89Notice of health hazard

  89 (1) A person who has authority to enter property under section 62 or 88 shall immediately notify the Ministry in accordance with the regulations if, (a) the person becomes aware that a substance is being discharged or is about to be discharged into the raw water supply of, (i) an existing municipal drinking water system that serves a major residential development, or (ii) any other existing drinking water system that was considered or is required to be considered in an assessment report or source protection plan; and (b) the person is of the opinion that, as a result of the discharge, an imminent drinking water health hazard exists. 2006, c. 22, s. 89 (1). Notice of Director’s response (2) The Director shall, within 30 days after receiving a notice under subsection (1), give written notice of any action taken by the Ministry to, (a) the source protection authority, if the notice under…

• 93.
• 90Obstruction prohibited

  90 No person shall hinder or obstruct any of the following persons in the exercise or performance of his or her powers or duties under this Act: 1. A person who has authority to enter property or do any other thing under section 62, 66 or 88. 2. Any other person prescribed by the regulations. 2006, c. 22, s. 90.

• 94.