Ontario Regulation 247/26 amends Ontario Regulation 387/04, the Water Taking and Transfer Regulation, under the Ontario Water Resources Act. The regulation creates a targeted exemption from the province’s water-taking requirements for certain early exploration activities conducted under the Mining Act. The changes establish circumstances in which water may be taken without the application of subsection 34(1) of the Ontario Water Resources Act, while imposing detailed safeguards intended to protect water resources, aquatic ecosystems and other water users.

The exemption applies to a person taking water for early exploration where the exploration activity is authorized under the Mining Act. There are two qualifying circumstances. First, the person must have submitted an exploration plan under section 78.2 of the Mining Act, with the plan in effect and the activity carried out in accordance with Ontario Regulation 308/12, Exploration Plans and Exploration Permits. Alternatively, the person may hold an exploration permit issued under section 78.3 of the Mining Act, provided the permit remains in effect and the activity complies with its terms and conditions and with Ontario Regulation 308/12.

The regulation establishes several conditions governing eligible water takings. Surface water may only be taken from a lake larger than 10 hectares, a pond that is not connected to a creek, stream or river, or a permanent stream with a stream order of three or higher. Where water is taken from a permanent stream, the instantaneous taking rate cannot exceed five per cent of the stream flow at the intake point. Before every taking, the stream flow must also be measured within the preceding seven days, with the measurement required to be representative of the flow on the day water is taken.

Aquatic protection measures are also mandatory. Every surface-water intake must have a fish guard, screen, covering, netting or another device preventing fish from entering the intake. Water that is returned must be discharged into the same watershed from which it was taken. Groundwater withdrawals cannot adversely affect surrounding groundwater or surface-water features, or the quantity or quality of water available to other users.

The regulation further requires erosion and sediment controls to minimize erosion, scouring and sedimentation associated with water discharges. Returned water cannot contain a visible petroleum hydrocarbon film or sheen, while discharge locations must be at least 30 metres from any water body.

Finally, operators must maintain daily records demonstrating compliance with the applicable conditions whenever water is taken. These records must be retained for the duration of the applicable exploration permit or plan. The regulation also defines “stream order” using the conventional classification system in which the smallest unbranched channels are first-order streams, with higher orders resulting from the joining of channels.

Ontario (247/2026) August 18, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.