Common Law
Government Agency: Provincial Courts
Goal: To protect the rights of the people.
Relevance to Landowner: All landowners bordering water
are entitled to have water flow through in its natural state (this relates
to both water quality and quantity).
Clean Water Act, R.S.O. 2005
Government Agency: MOE, CAs
Goal: To protect existing and future sources of drinking
water
Relevance to Landowner: Establishes plans for protection
of the raw water supply at the source. The Act is part of the province’s
larger multi barrier approach to protect drinking water and an overall
commitment to safeguard human health and the environment. May result in increased standards for
farm operations within protection zones
Conservation Authorities Act, R.S.O. 1990
Government Agency: MNR, CA's
Goal: To provide for the establishment of conservation
authorities (CAs) responsible for: conservation, restoration, development
and management of natural resources other than gas, oil, coal and minerals
within the jurisdiction of the CA; the prevention of floods, erosion
and pollution by controlling the flow of surface waters; the regulation
of building construction below the regional flood level and removal
of fill; the dumping of fill in partnership with municipalities and
the province of Ontario.
Relevance to Landowner: Regulations to control construction
or the placement of fill adjacent to a watercourse.
Drainage Act, R.S.O. 1990
Government Agency: OMAFRA
Goal: To provide landowners with a procedure to resolve
drainage problems through the establishment of communal drainage systems
called municipal drains. Also provides for the subsequent improvement,
repair and maintenance of municipal drains by the local municipality.
Relevance to Landowner: Provides financial assistance
for drain construction and maintenance.
General prohibition against the discharge of polluting substances into
a drain. Control activities in or near a drain and connections to a
drain.
Environmental Protection Act, R.S.O. 1990
Government Agency: MOE
Goal: To protect Ontario's land, water, and air resources
from pollution.
Relevance to Landowner: Contaminants are not allowed
to be discharged into the environment in excess of regulatory limits.
Governs the operation and management of some anaerobic digesters and
some receiving facilities that accept deadstock.
Fisheries Act, R.S.C. 1970
Government Agency: MNR, on behalf of DFO, MOE, EC
Goal: To conserve and protect fish, protect fish habitat
and prevent pollution.
Relevance to Landowner: General prohibitions against
discharging pollutants to a watercourse that would harm fish or fish
habitat. General prohibitions against stream alterations that would
harm fish habitat.
Food Safety and Quality Act
Government Agency: OMAFRA
Goal: To protect food safety
Gasoline Handling Act
Government Agency: MCBS
Goal: To protect land, surface and ground water resources
from damage by petroleum products.
Relevance to Landowner: Minimum standards are set regarding
farm fuel storage.
Health Protection and Promotion Act
Government Agency: MOHLTC
Goal: To minimize situations where human health may
be threatened.
Relevance to Landowner: Landowners whose operations
have created a health hazard, i.e. contaminated water, may be required
to correct the situation or cease activities causing the contamination.
Lakes and Rivers Improvement Act, R.S.O. 1990
Government Agency: MNR
Goal: To ensure flow and water level characteristics
of lakes and rivers are not altered to the point of placing other water
users at a disadvantage.
Relevance to Landowner: Any work forwarding, holding
back, or diverting water must receive prior approval from MNR.
Nutrient Management Act, R.S.O. 2002
Government Agency: OMAFRA, MOE
Goal: To provide for the management of materials containing
nutrients in ways that will enhance protection of the natural environment
and provide a sustainable future for agricultural operations and rural
development.
Relevance to Landowner: Establishes requirements for
nutrient management strategies and plan, and set backs for land application
near wells and surface water.
Ontario Water Resources Act, R.S.O. 1990
Government Agency: MOE
Goal: To protect the quality and quantity of Ontario's
surface and ground water resources.
Relevance to Landowner: General prohibitions against
discharging pollutants to surface or ground water.
Permits are required for the taking of large amounts of surface or ground
water, i.e. for irrigation. Regulations include well standards.
Pesticides Act, R.S.O. 1990
Government Agency: MOE
Goal: To protect Ontario's land, and surface and ground
water resources from damage due to improper use of pesticides.
Relevance to Landowner: Landowners involved in pesticide
application as part of a business (farming) are required to take a Grower
Pesticide Safety Course. Regulations are set regarding pesticide storage,
e.g. warning sign identifying the storage site, proper ventilation,
no floor drains, concrete impervious floors.
Planning Act, R.S.O. 1990
Government Agency: MMAH, Municipality
Goal: To provide a legislative framework for land use
planning: establish Provincial Policy Statements (e.g. Wetlands policy
statement) setting provincial policy for the planning of natural resources
and growth management: authorize municipalities to establish Official
Plans, zoning by-laws, site plan control, interim control by-laws; temporary
use by-laws, subdivision control.
Relevance to Landowner: Wetlands policy statement:
Wetlands are protected under the quthority of Section 3 of this Act.
Also under this Act, minimum setbacks may be established between watercourses
and structures. As well, minimum separation distances may be set for
manure storage or barns and neighbouring properties through Minimum
Distance Separation Standards.
Public Lands Act, R.S.O. 1990
Government Agency: MNR
Goal: Sets out the rules governing the administration
of crown land not under federal control. Protects and perpetuates public
lands and waters for the citizens of Ontario.
Relevance to Landowner: Requires a landowner to obtain
a work permit for any activity on shorelands adjacent to a navigable
water. Shore lands include public or private lands as well as areas
that are seasonally inundated with water. The bed of a navigable water
(below the high water mark) is considered to be public (Crown) land.
Public Transportation and Highway Improvement Act,
R.S.O. 1990
Government Agency: MTO
Goal: Generally sets out procedures and controls for
the construction, maintenance, drainage, construction/development adjacent
to highways etc. in Ontario.
Species at Risk Act (SARA), 2002
Government Agency: DFO
Goal: To protect many aquatic species including fish,
reptiles, marine mammals and molluscs.
**Legislation as of publication date: March, 2009
Best
Management Practices: Water Management
