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Source Water Protection Permits – Section 59 Process

Source Water Protection Permit (Section 59 Notice)

A source water protection permit called a Section 59 Notice under the Clean Water Act (2006) identifies whether a proposed land development application or change in activity complies with the Mattagami Region Source Water Protection Plan policies.  Developers are required to obtain a permit from a City of Timmins Risk Management Official or Inspector before the  municipality processes an application to develop land in areas where drinking water is vulnerable.

The permit notice or letter provided from the City of Timmins Risk Management Official will identify if activities related to a development proposed under the Planning ActCondominium Act or the Ontario Building Code are:

  • prohibited under section 57 of the Clean Water Act
  • require a risk management plan under section 58 of the Clean Water Act (and the plan has been agreed to or established)
  • or do not require anything under Part IV of the Clean Water Act

In order to ensure that applications are not inadvertently approved without complying with Source Protection Plan policies, the municipality screens planning applications to determine if the proposed activities are subject to these provisions of the Clean Water Act.

Download the Section 59 Screening Process (pdf)

When is a Source Protection Permit required?

A Source Protection Permit or Section 59 Notice may be required in the following vulnerable drinking water protection zones:

If the City of Timmins planning staff or building official says that your application is affected by a source protection plan policy, you’ll need to fill out a Restricted Land Use Review application.

Download the Restricted Land Use Review Application for Section 59 Notice (pdf)

After the RMO receives your completed application, they will review it, the source protection plan policies, and mapping for your property. Based on that information, the RMO will
determine what, if any, further action is required to reduce the threat to the City’s municipal drinking water source, and will issue you a notice of their decision.

What are the Possible Outcomes of the Application for a Permit?

Source Protection Plan Policies does not apply
Your proposed activity can proceed as there is no requirement under the Mattagami Region Source Protection Plan at this time.

Risk Management Plan required

If the threat of your activity can be managed to reduce the risk to the drinking water source, your local RMO will work with you to develop risk management measures and establish a Risk Management Plan. Your proposed activity cannot proceed until this plan is in place.

If your proposed activity poses a significant threat to source water that cannot be safely managed, it may be prohibited under the Mattagami Region Source Protection Plan. Prohibition is only used in rare cases.