PRESCRIBED INSTRUMENTS

CONTENTS 1. Policies – s. 22 of Act 2. Moderate and low drinking water threat policies 3. Monitoring policies 4. Directions 5. Prescribed period, s. 42.1 (2) (a) of Act 6. Exceptions, s. 22 (8.1) of Act 7. Records 8. Annual reporting Policies – s. 22 of Act 1. (1) The following wording is prescribed for the purposes of complying with subsection 22 (8.2) of the Act in respect of a policy described in paragraph 2 of subsection 22 (8.1) of the Act: Where [insert name of activity that is or would be a significant drinking water threat] [is/would be] a significant drinking water threat [if applicable, identify the specific areas and circumstances where this policy applies] and where the activity is governed by [insert name of the applicable prescribed instrument], the [insert name of the person or body responsible for making the decision to issue, otherwise create or amend the prescribed instrument] shall ensure that every decision to issue, otherwise create or amend the [insert name of the prescribed instrument] is designed to achieve the objectives set out in paragraph 2 of subsection 22 (2) of the Act. (2) No later than 30 days after the day this section comes into force, every source protection authority shall review the source protection plan for its source protection area and amend the plan to, (a) remove every significant threat policy or part of a significant threat policy that, (i) is in respect of a decision to issue, otherwise create or amend a prescribed instrument that does not prohibit a person from engaging in an activity that is or would be a significant drinking water threat, and (ii) does not comply with subsection 22 (8.2) of the Act; (b) unless an exception to paragraph 1 of subsection 22 (8.1) of the Act set out in section 6 applies, remove every significant threat policy or part of a significant threat policy that is in respect of a decision to issue, otherwise create or amend a prescribed instrument that prohibits a person from engaging in an activity that is or would be a significant drinking water threat if that person was engaged in that activity at that location immediately before the source protection plan took effect; (c) replace every significant threat policy or part of a significant threat policy removed under clause (a) or (b) with a policy or part of a policy, as the case may be, that is set out using the wording prescribed in subsection (1); and (d) remove every significant threat policy or part of a significant threat policy described in paragraph 1 of subsection 22 (8.1) of the Act that does not identify or that incorrectly identifies the significant drinking water threat activity, the prescribed instrument or the person or body who makes a decision to issue, otherwise create or amend the prescribed instrument and replace it with a policy or part of a policy that correctly identifies the significant drinking water threat activity, the prescribed instrument or the person or body who makes a decision to issue, otherwise create or amend the prescribed instrument, as the case may be. (3) No later than seven days after satisfying the requirements of subsection (2), a source protection authority shall, (a) give written notice to the Director that the requirements have been satisfied; and (b) publish the amended source protection plan on the Internet. (4) Subsection 42.1 (2) of the Act does not apply with respect to an amendment made to a source protection plan under this section. Moderate and low drinking water threat policies 2. (1) No later than 30 days after the day this section comes into force, every source protection authority shall review the source protection plan for its source protection area and amend the plan to remove every policy that is in respect of a decision to issue, otherwise create or amend a prescribed instrument and that is, (a) required under subsection 32 (1) of Ontario Regulation 287/07 (General) made under the Act to be identified as a moderate drinking water threat policy; or (b) required under subsection 32 (2) of Ontario Regulation 287/07 (General) made under the Act to be identified as a low drinking water threat policy. (2) No later than seven days after satisfying the requirements of subsection (1), a source protection authority shall, (a) give written notice to the Director that the requirements have been satisfied; and (b) publish the amended source protection plan on the Internet. Monitoring policies 3. (1) No source protection plan shall include a policy described in subparagraph 4 i or subparagraph 5 i of subsection 22 (2) of the Act in respect of an activity that is governed by a policy in respect of a decision to issue, otherwise create or amend a prescribed instrument. (2) No later than 30 days after the day this section comes into force, every source protection authority shall review the source protection plan for its source protection area and amend the plan to remove every policy prohibited by subsection (1). (3) No later than seven days after satisfying the requirements of subsection (2), a source protection authority shall, (a) give written notice to the Director that the requirements have been satisfied; and (b) publish the amended source protection plan on the Internet. Directions 4. The Director may give a source protection authority written directions specifying how to satisfy the requirements of sections 1 to 3. Prescribed period, s. 42.1 (2) (a) of Act 5. (1) For the purposes of clause 42.1 (2) (a) of the Act, the prescribed period is three years after the day the policy referred to in subsection 42.1 (2) of the Act takes effect. (2) Despite subsection (1), if a person or body was subject to section 43 of the Act, as it read immediately before its repeal, and the date specified in the source protection plan for the purpose of that section is later than January 1, 2027 and the person or body did not satisfy its obligation under that section before January 1, 2027, the prescribed period for the purposes of clause 42.1 (2) (a) of the Act is the period beginning on the day this section comes into force and ending on the date specified in the source protection plan. Exceptions, s. 22 (8.1) of Act 6. (1) Despite paragraph 1 of subsection 22 (8.1) of the Act, a source protection plan may include under that paragraph a significant threat policy that prohibits a person from engaging in an activity at a location even if that person was engaged in that activity at that location immediately before the source protection plan took effect, if that policy is in respect of a decision described in subsection 42.1 (1) of the Act with respect to a prescribed instrument mentioned in paragraph 9, 10, 11 or 13.1 of subsection 1.0.1 (1) of Ontario Regulation 287/07 (General) made under the Act. (2) Despite paragraph 1 of subsection 22 (8.1) of the Act, if a source protection plan includes a significant threat policy, other than a policy described in subsection (1), that took effect before January 1, 2027 and that is in respect of a decision to issue, otherwise create or amend a prescribed instrument and that prohibits a person from engaging in an activity at a location even if that person was engaged in that activity at that location immediately before the source protection plan took effect, the plan may continue to include such a policy but only until the end of the prescribed period described in subsection 5 (2). Records 7. (1) Every person or body that makes a decision to issue, otherwise create or amend a prescribed instrument shall create a written record demonstrating the manner in which they satisfied the requirements of section 42.1 of the Act, including by noting the following: 1. If the person or body was subject to the requirement set out in clause 42.1 (1) (a) of the Act in respect of the decision, whether the decision conformed to the prohibition described in paragraph 1 of subsection 22 (8.1) of the Act by refusing the instrument, by issuing an instrument that included a prohibition condition in respect of the significant threat activity or by other means. 2. If the person or body was subject to the requirement set out in clause 42.1 (1) (b) of the Act in respect of the decision, how the decision was designed to achieve the objectives set out in paragraph 2 of subsection 22 (2) of the Act, including any conditions that were included in the instrument to achieve those objectives. 3. For every instrument that must be reviewed under clause 42.1 (2) (a) of the Act, the outcome of the review, including, i. whether an amendment was necessary to ensure the instrument is designed to achieve the objectives set out paragraph 2 of subsection 22 (2) of the Act, ii. if an amendment was not necessary, why it was not necessary, and iii. if an amendment was necessary, what amendment was made. (2) A person or body that is required to create a record under subsection (1) shall, (a) in the case of a person or body that is not a public body, retain the record for two years after the day the record is created; and (b) in the case of a public body, retain the record for 15 years after the day the record is created. Annual reporting 8. (1) Every person or body that makes a decision to issue, otherwise create or amend a prescribed instrument that is subject to section 42.1 of the Act shall report the following information in writing annually to the relevant source protection authority: 1. The number of decisions made in the year in respect of the prescribed instrument that the person or body assessed to determine whether each decision is subject to subsection 42.1 (1) of the Act. 2. The number of decisions made in the year in respect of the instrument referred to in paragraph 1 that the person or body determined were subject to clause 42.1 (1) (a) of the Act. 3. The number of decisions made in the year in respect of the instrument referred to in paragraph 1 that the person or body determined were subject to clause 42.1 (1) (b) of the Act. 4. The number of decisions made in the year in respect of the instrument the person or body reviewed under subsection 42.1 (2) of the Act and the number of instruments they amended under clause 42.1 (2) (b) of the Act. 5. Any other information that the Director determines is necessary to demonstrate how the person or body satisfied the requirements of section 42.1 of the Act. (2) The person or body shall report the information set out in subsection (1) no later than, (a) for 2027, February 1, 2028; and (b) for each subsequent year, no later than February 1 in the following year. 9. Omitted (provides for coming into force of provisions of this Regulation).