Policy Text:
In accordance with Section 59(1) of the Clean Water Act, all land uses set out within the official plans or zoning by-laws for the municipalities where this Source Protection Plan is in effect, are designated as restricted land uses in all areas where designated threats are or would be significant. In effect, a person shall not construct or change the use of a building in any location, or make an application under the Planning Act or Condominium Act where Section 57 (Prohibition) or Section 58 (Risk Management Plan) applies unless the risk management official issues a notice under s. 59 to the person.
Despite the above policy, a Risk Management Official may issue written direction specifying the circumstances under which a planning authority or building official may be permitted to make the determination that a site specific land use is not designated for the purposes of Section 59. Where such direction has been issued, a site-specific land use that is the subject of an application for approval under the Planning Act or Condominium Act, or for a permit under the Building Code Act, is not designated for the purposes of Section 59, provided that the planning authority or building official, as the case may be, is satisfied that:
• The application complies with the circumstances specified in the written direction from the Risk Management Official; and
• The applicant has demonstrated that a significant drinking water threat activity designated for the purposes of Section 57 or 58 will not be engaged in, or will not be affected by the application.