Regulation - LGIC

Streamlining permissions for water takings for construction site dewatering activities and foundation drains

Regulation Number(s):
O. Reg. 63/16
O. Reg. 387/04
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act, Ontario Water Resources Act
Summary of Proposal:
Please refer to the proposal posting on the Environmental Registry of Ontario (ERO # 019-6853)
Analysis of Regulatory Impact:
The proposed amendments are expected to reduce burden on the regulated community and help tackle the housing supply crisis by increasing the speed with which critical infrastructure can be built. This would positively impact all Ontarians. The proposed changes would provide certainty to businesses and developers on requirements and make it easier and faster for infrastructure and construction projects to get underway. The changes would also improve Ontario's overall competitiveness and ability to attract investment to the province.

The amendments will result in a higher number of temporary water taking activities being eligible for registration on the EASR. This will result in an overall reduction in the time, cost and resources that proponents spend on seeking environmental permissions from the ministry. Ontario previously moved lower volume temporary water takings to an EASR but has determined the restrictions were causing confusion about what was eligible and limiting registrations more than expected.

Water taking activities that are eligible for self-registration are required to meet rigorous requirements that are protective of the environment. The ministry retains the ability to inspect water taking activities to ensure compliance with legal requirements.

It is estimated that the proposed amendments may result in cost savings of $15,000 or more per project for proponents. Taking into consideration the current number of active Permits to Take Water for construction site dewatering, it is roughly estimated that the cost savings for the sector could be over $11 million.
Further Information:
Proposal Number:
Posting Date:
August 31, 2023
Comments Due Date:
October 30, 2023