Regulation - LGIC
Proposed regulation under the Clean Water Act, 2006 to introduce requirements for the Ontario Drinking Water Stewardship Program and Property Entry Training under section 88 of the Clean Water Act, 2006.
Regulation Number(s):
Ontario Regulation 286/07
Instrument Type:
Regulation - LGIC
Bill or Act:
Clean Water Act, 2006
Summary of Decision:
Ontario Regulation 286/07 - Miscellaneous under the Clean Water Act, 2006 was amended on June 20, 2008 to prescribe:
- the training requirements for power of property entry, and
- the application requirements and decision-making authority for the Ontario Drinking Water Stewardship Program, as well as the circumstances in which financial assistance may be provided under the Ontario Drinking Water Stewardship Program.
- the training requirements for power of property entry, and
- the application requirements and decision-making authority for the Ontario Drinking Water Stewardship Program, as well as the circumstances in which financial assistance may be provided under the Ontario Drinking Water Stewardship Program.
Further Information:
Link to Environmental Registry
Proposal Number:
08-MOE002
Posting Date:
April 28, 2008
Summary of Proposal:
The goal of the Clean Water Act, 2006 is to protect existing and future sources of drinking water, as part of an overall commitment to human health and the environment. A key focus of the legislation is the production of locally developed, science based assessment reports and source protection plans. Regulations to support the Clean Water Act, 2006 are being developed in phases.
The Clean Water Act, 2006 was enacted on July 3, 2007 along with the first phase of regulations in support of the Act. It is proposed that the second phase of regulations under the Clean Water Act, 2006 include the following topic areas, and proposed content (NOTE: it is anticipated that additional topic areas in the second phase of regulations will be posted separately at a later date):
1) Training
Section 88 of the Clean Water Act, 2006 provides for employees or agents of a source protection authority or an employee or an agent of a municipality designated by a source protection authority to enter property without consent of the owner or occupier and without a warrant for the purposes of collecting information to prepare the assessment report, source protection plan, interim report, or annual progress report. As well, employees or agents of a municipality may enter property under s. 88 for the purposes of preparing source protection plans under an agreement with the Minister.
Subsection 88(4) provides that a person shall not enter property unless the person has received training prescribed by the regulation.
The Ministry has completed drafting the proposed training requirements for those employees or agents referred to in Section 88 of the Act. This regulation would provide that persons would not be able to enter property under section 88 unless they had completed a course within a previous five year period that provided adequate training in the opinion of the Ministry of the Environment Director.
2) Ontario Drinking Water Stewardship Program
The ministry has now prepared a draft regulation that sets out the proposed requirements of the Ontario Drinking Water Stewardship Program. This regulation sets out the decision-making authority for funding applications. It also sets out the circumstances related to the protection of drinking water sources in which financial assistance may be provided to persons and bodies other than those whose activities and/or properties may be affected by the Clean Water Act, 2006 and those who administer incentives or education and outreach programs. The regulation, detailed program framework and guidance materials prepared for the program will collectively provide an accountability framework to ensure appropriate on-going oversight of funds distributed through the Ontario Drinking Water Stewardship Program for the protection of drinking water sources.
The Clean Water Act, 2006 was enacted on July 3, 2007 along with the first phase of regulations in support of the Act. It is proposed that the second phase of regulations under the Clean Water Act, 2006 include the following topic areas, and proposed content (NOTE: it is anticipated that additional topic areas in the second phase of regulations will be posted separately at a later date):
1) Training
Section 88 of the Clean Water Act, 2006 provides for employees or agents of a source protection authority or an employee or an agent of a municipality designated by a source protection authority to enter property without consent of the owner or occupier and without a warrant for the purposes of collecting information to prepare the assessment report, source protection plan, interim report, or annual progress report. As well, employees or agents of a municipality may enter property under s. 88 for the purposes of preparing source protection plans under an agreement with the Minister.
Subsection 88(4) provides that a person shall not enter property unless the person has received training prescribed by the regulation.
The Ministry has completed drafting the proposed training requirements for those employees or agents referred to in Section 88 of the Act. This regulation would provide that persons would not be able to enter property under section 88 unless they had completed a course within a previous five year period that provided adequate training in the opinion of the Ministry of the Environment Director.
2) Ontario Drinking Water Stewardship Program
The ministry has now prepared a draft regulation that sets out the proposed requirements of the Ontario Drinking Water Stewardship Program. This regulation sets out the decision-making authority for funding applications. It also sets out the circumstances related to the protection of drinking water sources in which financial assistance may be provided to persons and bodies other than those whose activities and/or properties may be affected by the Clean Water Act, 2006 and those who administer incentives or education and outreach programs. The regulation, detailed program framework and guidance materials prepared for the program will collectively provide an accountability framework to ensure appropriate on-going oversight of funds distributed through the Ontario Drinking Water Stewardship Program for the protection of drinking water sources.
Contact Address:
Paul Heeney
Manager, Source Protection Implementation
Ministry of the Environment
Drinking Water Management Division
Source Protection Programs Branch
2 St. Clair Avenue West
Toronto Ontario
M4V 1L5
Phone: (416) 326-5564
Manager, Source Protection Implementation
Ministry of the Environment
Drinking Water Management Division
Source Protection Programs Branch
2 St. Clair Avenue West
Toronto Ontario
M4V 1L5
Phone: (416) 326-5564
Effective Date:
June 20, 2008
Decision:
Approved