Policy Text:
a) Notwithstanding the definition of existing, where development is being proposed by one or more of the following applications:
a. A site specific amendment to a zoning by-law under subsection 34(10) of the Planning Act;
b. A site plan under subsection 41(4) of the Planning Act; or
c. A building permit under the Building Code Act,
a significant drinking water threat activity that is to be established as part of the proposed development may be considered existing for the purposes of
complying with the applicable significant drinking water threat policies, provided that:
i. The application was deemed to be complete by the applicable
approval authority as of the date this Source Protection Plan takes
effect; and
ii. The applicant has certified to the satisfaction of the implementing
body named in the applicable significant drinking water threat policy that a particular significant drinking water threat activity is to
be undertaken as part of the proposed development.
Where further development approvals are required to establish the development
and related significant drinking water threat activity proposed by such
application, that activity may also be considered as existing for the purposes of
determining whether those subsequent approvals comply with the applicable
significant drinking water threat policies.
The above noted transition provisions shall cease to apply where any of the
approvals or applications required to implement the proposed development
have been denied by the applicable approval authority and, where applicable,
the relevant appeal body, or have lapsed or been withdrawn
b) Notwithstanding the definition of existing, where a significant drinking water
threat activity is directly related to a land use permitted by existing zoning
and does not require any approvals under the Planning Act or Ontario
Building Code Act to be lawfully established on a property, such activity
shall be considered existing for the purposes of compliance with the
applicable significant drinking water threat policies. This provision shall cease to apply at such time as a Risk Management Inspector has
conducted a property specific assessment and documented the significant
drinking water threat activities that are undertaken or established on a
property as of that point in time, following which any significant drinking
water threat activity not so documented shall be considered new or future.
c) Notwithstanding the definition of existing, where a significant drinking water
threat activity is being proposed by way of a new or amended Prescribed
Instrument, it shall be considered existing for the purposes of complying
with the applicable significant drinking water threat policies provided that
the application for the new or amended Prescribed Instrument was deemed
to be complete by the applicable approval authority as of the date this
Source Protection Plan takes effect.