Regulation - LGIC
Proposal to amend Ontario Regulation 454/96 (Construction)
Regulation Number(s):
Ontario Regulation 454/96
Instrument Type:
Regulation - LGIC
Bill or Act:
Lakes and Rivers Improvement Act
Summary of Decision:
On February 28, 2020 the Ontario Regulation 454/96 Construction under the Lakes and Rivers Improvement Act was amended to provide an alternative, optional rules in regulation approach to wetland dam owners, to repair existing low hazard wetland dams without obtaining approval under Section 16 of the Lakes and Rivers Improvement Act, if they meet the requirements in the regulation. The regulation was filed by the Registrar of Regulations on February 28, 2020.
Analysis of Regulatory Impact:
The proposed amendment will not increase costs of compliance under the Lakes and Rivers Improvement Act for dam owners.
Dam owners who satisfy all of the requirements in the regulation amendment will be relieved from the requirement to obtain approval under section 16 of the Lakes and Rivers Improvement Act, for certain low risk alterations, improvements and repairs to existing wetland conservation dams. This will reduce the cost of compliance for dam owners under the Lakes and Rivers Improvement Act and increase certainty for annual project planning.
Dam owners who satisfy all of the requirements in the regulation amendment will be relieved from the requirement to obtain approval under section 16 of the Lakes and Rivers Improvement Act, for certain low risk alterations, improvements and repairs to existing wetland conservation dams. This will reduce the cost of compliance for dam owners under the Lakes and Rivers Improvement Act and increase certainty for annual project planning.
Further Information:
Link to Environmental Registry
Proposal Number:
19-MNRF007
Posting Date:
March 15, 2020
Summary of Proposal:
The Lakes and Rivers Improvement Act provides the legislative authority to regulate the design, construction, operation, maintenance and safety of dams in Ontario.
Ontario Regulation 454/96 (Construction) outlines the circumstances in which Lakes and Rivers Improvement Act approval is required.
The Ministry is proposing to amend Ontario Regulation 454/96 (Construction) to enable an alternative form of regulatory oversight for undertaking low risk alterations, improvements and repairs to eligible wetland conservation dams. The amendment will establish eligibility criteria, Ministry standards and requirements that dam owners must satisfy in order to be relieved from the requirement to obtain approval under section 16 of the Lakes and Rivers Improvement Act, for certain low risk alterations, improvements and repairs to existing wetland conservation dams. The proposed amendment would be specific to wetland conservation dams and would not apply to other types of structures that may be subject to approval under the Lakes and Rivers Improvement Act (e.g., water crossings, bridges, culverts, causeways).
If passed, the proposed amendment would reduce regulatory burden to business while supporting the continued management of Ontario's wetlands. It would provide dam owners with increased project planning certainty, reduce costs of compliance under the Lakes and Rivers Improvement Act and allow the Ministry to maintain public and dam safety for low risk alterations, improvements and repairs to eligible wetland conservation dams.
Ontario Regulation 454/96 (Construction) outlines the circumstances in which Lakes and Rivers Improvement Act approval is required.
The Ministry is proposing to amend Ontario Regulation 454/96 (Construction) to enable an alternative form of regulatory oversight for undertaking low risk alterations, improvements and repairs to eligible wetland conservation dams. The amendment will establish eligibility criteria, Ministry standards and requirements that dam owners must satisfy in order to be relieved from the requirement to obtain approval under section 16 of the Lakes and Rivers Improvement Act, for certain low risk alterations, improvements and repairs to existing wetland conservation dams. The proposed amendment would be specific to wetland conservation dams and would not apply to other types of structures that may be subject to approval under the Lakes and Rivers Improvement Act (e.g., water crossings, bridges, culverts, causeways).
If passed, the proposed amendment would reduce regulatory burden to business while supporting the continued management of Ontario's wetlands. It would provide dam owners with increased project planning certainty, reduce costs of compliance under the Lakes and Rivers Improvement Act and allow the Ministry to maintain public and dam safety for low risk alterations, improvements and repairs to eligible wetland conservation dams.
Contact Address:
Stacey Vojtek
Policy Coordinator
Crown Lands Section, Crown Forests and Lands Policy Branch
Ministry of Natural Resources and Forestry
300 Water St
5th floor, North tower
Peterborough, ON K9J 3C7
Policy Coordinator
Crown Lands Section, Crown Forests and Lands Policy Branch
Ministry of Natural Resources and Forestry
300 Water St
5th floor, North tower
Peterborough, ON K9J 3C7
Effective Date:
February 28, 2020
Decision:
Approved