Regulation - LGIC

Proposed Definitions of Words and Expressions Used in the Act regulation made under the Clean Water Act, 2006.

Regulation Number(s):
Ontario Regulation 385/08
Ontario Regulation 387/08
Ontario Regulation 287/07
Instrument Type:
Regulation - LGIC
Bill or Act:
Clean Water Act, 2006
Summary of Decision:
Ontario Regulation 385/08 (O. Reg. 385/08) was filed with the Registrar of Regulation on November 4, 2008. A decision was made to proceed with the content of the proposed Definitions of Words and Expressions Used in the Act regulation as part of an overall consolidation of three existing regulations into one. O.Reg. 385/08 amends O. Reg. 287/07 - Terms of Reference by renaming it General, French version being O. Reg. 386/08, integrating the content of O. Reg. 285/07 - Time Limits and O. Reg. 286/07 - Miscellaneous, adding definitions of words and expressions used in the Clean Water Act, 2006, and prescribing a list of drinking water threats as allowed for under Section 2 (1) of the Clean Water Act, 2006, as were proposed in this posting as well as prescribing additional content of assessment reports and a consultation process to be used in the preparation of the assessment reports, proposed in Environmental Registry number 010-3873.

A second regulation, O. Reg. 387/08, was made on November 4, 2008 to revoke the two regulations (O. Reg. 285/07 and O. Reg. 286/07) because the content of these regulations has been integrated into O. Reg. 287/07, French version being O.Reg. 386/08.

The proposal to integrate the contents of O. Reg. 285/07 and O. Reg. 286/07 into O. Reg. 287/07 and revoke the integrated regulations was not posted on the Environmental Registry because the proposal was administrative in nature.
Further Information:
Proposal Number:
Posting Date:
August 6, 2008
Summary of Proposal:
The purpose 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. The Act requires the preparation of assessment reports that assess the vulnerability of drinking water sources and threats to those sources, as well as the preparation of source protection plans that set out protection policies. Assessment reports and source protection plans will be prepared by the source protection committees.

The supporting regulations and technical rules for the Clean Water Act, 2006 are being developed in phases. The first phase of regulations, that came into effect in June 2007, addressed matters related to source protection areas and regions, source protection committees, preparation of the terms of reference and source protection planning time limits [EBR Registry Number 010-0122]. A second phase of regulations was initiated in 2008. Proposals for a regulation related to property entry and the establishment of the Ontario Drinking Water Stewardship Program were posted for public comment on April 16, 2008. This comment period has now closed.

The Ministry has now prepared the final component of the phase two regulations through the development of two (2) draft regulations and technical rules which set out the proposed requirements and methodology of completing the assessment report. The proposed Definitions of Words and Expressions Used in the Act regulation is required under the Clean Water Act, 2006 as there are several terms set out in the definitions in the Act whose meaning must be prescribed by regulation. Section 1 of this proposed regulation prescribes meanings for terms such as highly vulnerable aquifer, significant groundwater recharge area, surface water intake protection zone and wellhead protection area. Section 2 of the proposed regulation prescribes a list of drinking water threats in accordance with the definition of "drinking water threat" in subsection 2 (1) of the Act.

This regulation proposal is being accompanied by a regulation on the assessment reports to be completed under the Clean Water Act, 2006 [EBR Registry Number 010-3873] and a Policy Proposal on the Technical Rules for the Preparation of Assessment Reports [EBR Registry Number 010-3866], both posted simultaneously on the Environmental Registry.
Contact Address:
Keith Willson
Manager, Source Protection Approvals
Ministry of the Environment
Drinking Water Management Division
Source Protection Programs Branch
2 St. Clair Avenue West
Toronto Ontario
M4V 1L5
Phone: (416) 314-0560
Fax: (416) 327-6926
Effective Date:
November 4, 2008