Regulation - LGIC

Proposed regulatory amendments to streamline the approvals process for alterations to municipally owned sewage and water distribution works that are part of transit projects

Regulation Number(s):
208/19
172/03
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act; Safe Drinking Water Act
Summary of Proposal:
The proposed amendments to O. Reg 208/19 and O. Reg. 172/03 will enable changes to streamline approvals for sewage and water distribution works built to support transit projects, helping to deliver this critical infrastructure faster while maintaining environmental safeguards.

The proposed changes would preauthorize Metrolinx and other transit authorities to make alterations to sewage or water distribution works under the authority of a municipality's Consolidated Linear Infrastructure (CLI) Environmental Compliance Approvals (ECAs) or drinking water works permit (DWWP), for works that will eventually be owned by the municipality. This will help get important transit projects built faster while maintaining environmental oversight. Currently, only developers are preauthorized to do this type of work. In cases where a CLI ECA or DWWP is in place, there is an agreement with the municipality and the works will be eventually transferred to municipal ownership.

Currently, transit authorities such as Metrolinx are not designated as "prescribed persons" under O. Reg. 208/19 and water distribution works constructed by Metrolinx constructs are not defined as part of a municipal drinking water system under O .Reg. 172/03. This means transit authorities are not pre-authorized to do this type of work and must apply for separate approvals.

Designating transit authorities such as Metrolinx as "prescribed persons" under O. Reg. 208/19 and defining water distribution works that Metrolinx constructs as part of a municipal drinking water system under O .Reg. 172/03, would eliminate the need for separate applications to the ministry. It would save businesses and government, time, money, and resources by streamlining processes and reducing delays for routine, low-risk activities such as building and altering sewage and water distribution works for transit projects.

Sewage and water distribution works that will not eventually be transferred to municipal ownership will continue to require separate approvals from the ministry and will not be pre-authorized under the above-mentioned municipal approvals.

The proposed amendments would maintain environmental protection as any sewage or water distribution works that are part of transit projects would have to meet the strict requirements under the municipality's CLI ECA or DWWP. This includes design criteria, operation and maintenance criteria, monitoring requirements, complaint management provisions and annual reporting. CLI ECAs and DWWPs are also reviewed by the ministry on a regular cycle to confirm that works comply with the latest standards and requirements to maintain protection of the public and environment.

To see the rest of the posting, see ERO posting 019-8728.
Analysis of Regulatory Impact:
The proposed regulatory amendments are expected to reduce regulatory burden for municipalities and transit authorities by eliminating duplicative approval requirements. Municipalities, Metrolinx and other transit authorities are expected to save time and money as individual applications will no longer be required for sewage and water distribution works that eventually will be owned by the municipality, enabling public transit projects to be expedited. This will reduce burden on transit authorities and allow important transit projects to start sooner while maintaining environmental protection by requiring sewage and water systems to meet the ministry's strict requirements.
Further Information:
Proposal Number:
24-MECP013
Posting Date:
September 27, 2024
Comments Due Date:
November 11, 2024