Policy Edit

Policy Id:

SPR/SPA:

Risk:

Implementing Body

Legal Effect

Policy Tool

Threat Type

Status

Comment

Policy Text:

i) 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. Approval of development in a site plan control area 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:
a. The application was deemed to be complete by the applicable
approval authority as of the date this Source Protection Plan takes
effect; and
b. 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the relevant appeal body, or have lapsed or been withdrawn.

ii) Notwithstanding the definition of existing, where a significant drinking water
threat activity is directly related to a land use permitted by existing zoning and
such activity 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.

iii) Notwithstanding the definition of existing or the provisions contained in
subsection i) or ii) of OC-CW-1.2, where 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, any significant drinking water threat activity not so
documented shall be considered new or future from that point forward.

iv) 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.

Monitoring Text:

N/A