Conservation Authorities Act
Loi sur les offices de protection de la nature

ONTARIO REGULATION 152/91

Amended to O.Reg. 180/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — LAKEHEAD REGION

Note: This Regulation was revoked on May 4, 2006. See: O.Reg. 180/06, s.13.

This Regulation is made in English only.

1.In this Regulation,

“Authority” means the Lakehead Region Conservation Authority;

“building or structure” means a building or structure of any kind;

“fill” means earth, sand, gravel, rubble, rubbish, garbage, or any other material whether similar to or different from any of the aforementioned materials, used or capable of being used to raise, lower or in any way affect the contours of the ground;

“fill line” means any line designated as such on the maps referred to in the schedules;

“regional storm” means,

(a)for the main channel of the Kaministiquia River, a rainfall, snowmelt or combination of rainfall and snowmelt producing a peak flow that has the probability of occurrence of 1 per cent during any one year,

(b)for rivers, streams and watercourses other than the main channel of the Kaministiquia River, a storm producing in a twelve-hour period, on a drainage area of,

(i)twenty-five square kilometres or less, a rainfall that has the distribution set out in Table 1, or

(ii)more than twenty-five square kilometres, a rainfall such that the number of millimetres of rain referred to in each case in Table 1 shall be modified by the percentage amount shown in Column 2 of Table 2 opposite the size of the drainage area set out opposite thereto in Column 1 of Table 2;

“river”, “lake”, “creek”, “stream” or “watercourse” means any river, lake, creek, stream or watercourse under the jurisdiction of the Authority.

table 1

15 mm of rain in the first hour
20 mm of rain in the second hour
10 mm of rain in the third hour
3 mm of rain in the fourth hour
5 mm of rain in the fifth hour
20 mm of rain in the sixth hour
43 mm of rain in the seventh hour
20 mm of rain in the eighth hour
23 mm of rain the ninth hour
13 mm of rain in the tenth hour
13 mm of rain in the eleventh hour
8 mm of rain in the twelfth hour

TABLE 2

Column 1 / Column 2
Drainage Area (km2) / Percentage
26 to 50 both inclusive / 97
51 to 75 both inclusive / 94
76 to 100 both inclusive / 90
101 to 150 both inclusive / 87
151 to 200 both inclusive / 84
201 to 250 both inclusive / 82
251 to 375 both inclusive / 79
376 to 500 both inclusive / 76
501 to 750 both inclusive / 74
751 to 1000 both inclusive / 70
1001 to 1250 both inclusive / 68
1251 to 1500 both inclusive / 66
1501 to 1800 both inclusive / 65
1801 to 2100 both inclusive / 64
2101 to 2300 both inclusive / 63
2301 to 2600 both inclusive / 62
2601 to 3900 both inclusive / 58
3901 to 5200 both inclusive / 56
5201 to 6500 both inclusive / 53
6501 to 8000 both inclusive / 50

O.Reg. 152/91, s.1.

2.The areas described in the Schedules are areas in which, in the opinion of the Authority, the control of flooding or pollution or the conservation of land may be affected by the placing or dumping of fill. O.Reg. 152/91, s.2.

3.Subject to section 4, no person shall,

(a)construct any building or structure or permit any building or structure to be constructed in or on a pond or swamp or in any area susceptible to flooding during a regional storm;

(b)place or dump fill or permit fill to be placed or dumped in the areas described in the Schedules whether such fill is already located in or upon such area, or brought to or on such area from some other place or places; or

(c)straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse. O.Reg. 152/91, s.3.

4.Subject to the Ontario Water Resources Act or to any private interest, the Authority may permit in writing the construction of any building or structure or the placing or dumping of fill or the straightening, changing, diverting or interfering with the existing channel of a river, creek, stream or watercourse to which section 3 applies, if, in the opinion of the Authority, the site of the building or structure or the placing or dumping and the method of construction or placing or dumping or the straightening, changing, diverting or interfering with the existing channel will not affect the control of flooding or pollution or the conservation of land. O.Reg. 152/91, s.4.

5.No person shall commence to construct any building or structure or dump or place fill or straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse in any area to which section 3 applies before permission to do so has been obtained under section 4. O.Reg. 152/91, s.5.

6.(1)A signed application for permission to construct a building or structure shall be filed with the Authority and shall include,

(a)four copies of a plan of the property showing the proposed location of the building or structure, its elevation and the proposed final grade plan;

(b)four copies of a complete description of the type of building or structure to be constructed, including drainage details;

(c)four copies of a statement of the dates between which the construction will be carried out; and

(d)four copies of a statement of the proposed use of the building or structure following completion of the construction. O.Reg. 152/91, s.6(1).

(2)A signed application for permission to place or dump fill shall be filed with the Authority and shall include,

(a)four copies of a plan of the property on which the fill is to be placed, showing the proposed location of filling, the depth to which it is proposed to fill and the proposed final grade of the land when filling is completed;

(b)four copies of a complete description of the type of fill proposed to be placed or dumped;

(c)four copies of a statement of the dates between which the placing or dumping will be carried out; and

(d)four copies of a statement of the proposed use of the land following completion of placing or dumping. O.Reg. 152/91, s.6(2).

(3)A signed application for permission to straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream, watercourse shall be filed with the Authority and shall include,

(a)four copies of a plan on which shall be shown in plan view and cross section the details of such straightening, change, diversion or interference;

(b)four copies of a description of the protective measures to be undertaken;

(c)four copies of a statement of the dates between which the straightening, changing, diverting or interfering will be carried out; and

(d)four copies of a statement of the purpose of the proposed work. O.Reg. 152/91, s.6(3).

7.The Authority may, at any time, withdraw any permission given under this Regulation if, in the opinion of the Authority, the conditions of the permit are not complied with. O.Reg. 152/91, s.7.

8.Members of the staff of the Authority are appointed as officers to enforce this Regulation. O.Reg. 152/91, s.8.

Schedule 1

That part of the watershed of the Current River, in the City of Thunder Bay, being composed of the following part of lot:

Mining location 7, Savigny’s Survey

as shown on a map filed in the Regional Office of the Ministry of Natural Resources in Thunder Bay as No. LKD 1-1 and identified by a stamp of the Registrar of Regulations dated the 5th day of September, 1990.

O.Reg. 152/91, Sched.1.

Schedule 2

1.That part of the watershed of the Kaministiquia River east of Highway 61 in the City of Thunder Bay, formerly the City of Fort William, and being composed of the following lots and parts of lots:

Concession / Lot
1 / 1
2
4
5
6
7
8
9
10
A / 1
2
3
B / 3
C / 4
5
6
7
8
9
10
D / 1
2
3
4
5
6
7
8
9
E / 1
2
3
4
5
6
7
F / 4
5
6
7
G / 1
2
3
5
6
H / 1
2
3
4
K / 1
9
10
16
17

Part of the Old Town Plot of Fort William.

2.That part of the watershed of the Kaministiquia River east of Highway 61, in the City of Thunder Bay, formerly the Township of Neebing, and being composed of the following lots and parts of lots:

Concession / Lot
1 N.K.R. / 11
12
1 S.K.R. / 11
12

as shown on maps filed in the Regional Office of the Ministry of Natural Resources in Thunder Bay as Nos. LKD-2-1 to LKD-2-24 both inclusive and identified by a stamp of the Registrar of Regulations dated the 5th day of September, 1990.

O.Reg. 152/91, Sched.2.

Schedule 3

1.That part of the watershed of the Kaministiquia River west of Highway 61 in the City of Thunder Bay, formerly the Township of Neebing, and being composed of the following lots and parts of lots:

Concession / Lot
1 N.K.R. / 12
13
14
15
16
17
18
19
20
21
22
23
24
25
1 S.K.R. / 11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

2.That part of the watershed of the Kaministiquia River west of Highway 61 in the Township of Paipoonge and being composed of the following lots and parts of lots:

Concession / Lot
1 N.K.R. / 7
8
9
10
11
12
1 S.K.R. / 1
2
3
4
5
6
7
8
9
10
11
12
2 S.K.R. / 3
4
5
A N.K.R. / 1
2
3
4
5
6
7
8
A
A S.K.R. / 9
10
11
B / 4
5

as shown on maps filed in the Regional Office of the Ministry of Natural Resources in Thunder Bay as Nos. LKD-3-1 to LKD-3-33 both inclusive and identified by a stamp of the Registrar of Regulations dated the 5th day of September, 1990.

O.Reg. 152/91, Sched.3.

Schedule 4

1.That part of the watershed of the McIntyre River in the City of Thunder Bay, formerly in the City of Fort William, and being composed of the following lots and parts of lots:

Concession / Lot
4 / 1
2

2.That part of the watershed of the McIntyre River in the City of Thunder Bay, formerly in the Township of McIntyre, and being composed of the following lots and parts of lots:

Section / Quarter
7 / N.E. ¼
N.W. ¼
S.E. ¼
S.W. ¼
9 / N.E. ¼
S.W. ¼
15 / N.W. ¼
17 / N.E. ¼
N.W. ¼
S.E. ¼
S.W. ¼
40 / N.W. ¼
S.W. ¼
41 / N.E. ¼
S.E. ¼
S.W. ¼
50 / N.W. ¼
S.W. ¼
53 / N.W. ¼
S.W. ¼
Concession / Lot
A / 12
13
14
15
16
17
18
19
20
21
22
23
B / 10
13
14
15
16
17
18
19
20
Mining Location
K
I
A1
A2
22 – White’s Survey
23 – White’s Survey
24 – White’s Survey
25 – White’s Survey
26 – White’s Survey
A – Savigny’s Survey
M – Savigny’s Survey
O – Savigny’s Survey
P – Savigny’s Survey
Q – Savigny’s Survey
H – Scott’s Survey
L – Scott’s Survey
N – Scott’s Survey
Section / Quarter
7 / N.E. ¼
N.W. ¼
S.E. ¼
S.W. ¼
9 / N.W. ¼
S.W. ¼
15 / N.W. ¼
17 / N.E. ¼
N.W. ¼
S.E. ¼
S.W. ¼
40 / N.W. ¼
S.W. ¼
41 / N.E. ¼
S.E. ¼
S.W. ¼
50 / N.W. ¼
S.W. ¼
53 / N.W. ¼
S.W. ¼

3.That part of the watershed of the McIntyre River in the City of Thunder Bay, formerly in the City of Port Arthur, and being composed of the following lots and parts of lots:

Section / Quarter
40 / N.E. ¼
S.E. ¼
50 / N.E. ¼
S.E. ¼
52 / S.W. ¼
53 / S.E. ¼

as shown on maps filed in the Regional Office of the Ministry of Natural Resources in Thunder Bay as Nos. LKD-4-1 to LKD-4-49 inclusive and identified by a stamp of the Registrar of Regulations dated the 5th day of September, 1990.

O.Reg. 152/91, Sched.4.

Schedule 5

1.That part of the watershed of the McVicar Creek in the City of Thunder Bay, formerly in the City of Port Arthur, and being composed of the following lots and parts of lots:

Mining Location
W – Savigny’s Survey
X – Savigny’s Survey
9
10
Section
34
35
36
39

Part of the Old Town Plot, Prince Arthur’s Landing.

2.That part of the watershed of the McVicar Creek in the City of Thunder Bay, formerly in the Township of McIntyre, and being composed of the following lots and parts of lots:

Mining Location
15 – Savigny’s Survey
16 – Savigny’s Survey
17 – Savigny’s Survey
Section / Quarter
18 / N.E. ¼
N.W. ¼
S.W. ¼

as shown on maps filed in the Regional Office of the Ministry of Natural Resources in Thunder Bay as Nos. LKD-5-1 to LKD-5-22 both inclusive and identified by a stamp of the Registrar of Regulations dated the 5th day of September, 1990.

O.Reg. 152/91, Sched.5.

Schedule 6

That part of the watershed of the Mosquito Creek in the City of Thunder Bay, formerly the Township of Neebing, and being composed of the following lots and parts of lots:

Concession / Lot
1 S.K.R. / 11
12
13
2 S.K.R. / 11
12
13
14
15
3 S.K.R. / 11
12
13
14
15
16
17
18
19

as shown on maps filed in the Regional Office of the Ministry of Natural Resources in Thunder Bay as Nos. LKD-6-1 to LKD-6-14 both inclusive and identified by a stamp of the Registrar of Regulations dated the 5th day of September, 1990.

O.Reg. 152/91, Sched.6.

Schedule 7

1.That part of the watershed of the Neebing River in the City of Thunder Bay, formerly in the City of Fort William, and being composed of the following lots and parts of lots:

Concession / Lot
3 / 1
2
3
4
5
6
7
8
9
10
4 / 1
H / 9
10
I / 7
8
9

2.That part of the watershed of the Neebing River in the City of Thunder Bay, formerly in the Township of Neebing, and being composed of the following lots and parts of lots:

Concession / Lot
3 / 15
16
17
18
19
20
4 / 11
12
13
14
15
20
21
22
23

as shown on maps filed in the Regional Office of the Ministry of Natural Resources in Thunder Bay as Nos. LKD-7-1 to LKD-7-9 and identified by a stamp of the Registrar of Regulations dated the 5th day of September, 1990.

O.Reg. 152/91, Sched.7.

Schedule 8

1.That part of the watershed of the Neebing River in the City of Thunder Bay, formerly in the Township of Neebing, and being composed of the following lots and parts of lots:

Concession / Lot
4 / 21
22
23
5 / 20
21
22
23
24
25

2.That part of the watershed of the Neebing River in the City of Thunder Bay, formerly in the Township of McIntyre, and being composed of the following lots and parts of lots:

Concession / Lot
A / 28
29
30
31
32
B / 28
29
30
Section / Quarter
10 / N.W. ¼
S.W. ¼
11 / N.E. ¼
26 / N.E. ¼
N.W. ¼
27 / S.W. ¼
29 / S.E. ¼
30 / S.W. ¼
31 / N.E. ¼
S.E. ¼
32 / N.W. ¼
S.W. ¼
42 / N.E. ¼
N.W. ¼
S.E. ¼
S.W. ¼
44 / N.W. ¼
45 / N.E. ¼
N.W. ¼
S.E. ¼
S.W. ¼
46 / N.E. ¼
N.W. ¼
47 / N.E. ¼
N.W. ¼
S.E. ¼
Mining Location
Cochrane Location
Crown Location A
Langlois Location
Van Koughnett Location
Woods Location
1 – Francis’ Survey
2 – Francis’ Survey
27 – White’s Survey
28 – White’s Survey
29 – White’s Survey
30 – White’s Survey
31 – White’s Survey
32 – White’s Survey
A – Lindsay’s Survey
C – Lindsay’s Survey
C – Lindsay’s Survey
E – Scott’s Survey
F – Scott’s Survey
H – Scott’s Survey

as shown on maps filed in the Regional Office of the Ministry of Natural Resources in Thunder Bay as Nos. LKD-8-1 to LKD-8-50 and identified by a stamp of the Registrar of Regulations dated the 5th day of September, 1990.

O.Reg. 152/91, Sched.8.

Schedule 9

1.That part of the watershed of Pennock Creek in the City of Thunder Bay, formerly the Township of Neebing, and being composed of the following lots and parts of lots:

Concession / Lot
2 / 18
19
20
21
22
23
24
25
3 / 18
19
20
22
23
24
25

2.That part of the watershed of Pennock Creek in the Township of Paipoonge and being composed of the following lots and parts of lots:

Concession / Lot
2 / 1
2
3
4
5
6
7
8
9
10
11
3 / 10
11

as shown on maps filed in the Regional Office of the Ministry of Natural Resources in Thunder Bay as Nos. LKD-9-1 to LKD-9-15 both inclusive and identified by a stamp of the Registrar of Regulations dated the 5th day of September, 1990.

O.Reg. 152/91, Sched.9.

Schedule 10

1.That part of the watershed of the Whitefish River within the Township of Paipoonge and being composed of the following lots and parts of lots:

Concession / Lot
C / 10
11
D / 10
11
E / 9
10
11
F / 8
9
10
11

2.That part of the watershed of the Whitefish River within the Township of O’Connor and being composed of the following lots and parts of lots:

Concession / Lot
1 / 5
6
2 / 4
5
6
3 / 1
2
3
4
5
4 / 1

3.That part of the watershed of the Whitefish River within the Township of Gillies and being composed of the following lots and parts of lots:

Concession / Lot
4 / 12
5 / 8
9
10
11
12
6 / 5
6
7
8

as shown on maps filed in the Regional Office of the Ministry of Natural Resources in Thunder Bay as Nos. LKD-10-1 to LKD-10-11 both inclusive and identified by a stamp of the Registrar of Regulations dated the 5th day of September, 1990.

O.Reg. 152/91, Sched.10.

Schedule 11

That part of the watershed of the Wolf River in the Township of Dorion and being composed of the following lots and parts of lots:

Concession / Lot
1 / 11
12
2 / 12
13
3 / 12
13
14

as shown on maps filed in the Regional Office of the Ministry of Natural Resources in Thunder Bay as Nos. LKD-11-1 to LKD-11-5 both inclusive and identified by a stamp of the Registrar of Regulations dated the 5th day of September, 1990.

O.Reg. 152/91, Sched.11.

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