Ontario: Regulation Adds to List of Activities Exempt From Requirement to Obtain a Sewage Works Environmental Compliance Approval

The Ontario government recently published amendments to the Ontario Water Resources Act Regulation. 525/98 to add to the list of activities exempt from obtaining an approval for sewage works. The exemptions apply to:

• The use, operation, establishment, alteration, extension or replacement of or a change in a service connection.•
• The use, operation, establishment, alteration, extension or replacement of or a change in an appurtenance of a sewer, if the appurtenance does not disrupt the operation of the sewage works of which the sewer is a part.
• The relining of a sewer if the new lining does not disrupt the operation of the sewage works of which the sewer is a part.
  
• The replacement of an existing sewer with a new sewer that has similar dimensions and performance criteria and that is in the same or approximately the same location, if the existing sewer was used, operated, established, altered or extended in accordance with an approval granted by a Director.

The amending regulation, which also provides definitions for several terms applicable to sewers, sewage works and watermains, makes clear that an exemption does not relieve a person of any other legal duty or obligation, including a duty or obligation arising under an existing approval.