Appeal of order requiring Permit to Take Water for engineered dam dismissed; dam impounds water.
The appellants appealed a Director's Order requiring them to submit an application for a Permit to Take Water (PTTW) for an engineered dam constructed on their property.
The appellants argued that the dam did not "take" water but merely received it, and that it was constructed for flood control and wetland conservation, thereby exempting it from the PTTW requirement.
The Tribunal accepted expert evidence that the dam impounds more than 50,000 litres of water per day, meeting the statutory definition of a water taking under the Ontario Water Resources Act.
The Tribunal found no applicable exemptions and upheld the requirement to apply for a PTTW, though it removed a condition requiring the appellants to submit a notarized agreement with a neighbouring golf course as part of the application.
Sherk v. Ontario (Environment, Conservation and Parks), 2023 CanLII 5412