Permit to take water

A buyer of an Ontario business that draws a lot of water may meet this permit. Section 34(1) of the Ontario Water Resources Act says that, subject to section 47.3 of the Environmental Protection Act, a person shall not take more than a stated amount of water on any day by any means except under a permit issued under section 34.1. Section 34(2) lists exceptions, some with conditions, such as taking water for domestic purposes, for watering livestock or poultry, or for firefighting or other emergency purposes. The ministry says some takings must instead be registered in the Environmental Activity and Sector Registry.

How the permit works

The Director may issue or renew a permit on application, and may amend or revoke one. A permit expires on the date set out in it. The ministry says an approved permit carries an expiry date and terms and conditions meant to protect water resources and other water users, and that an application may be refused for reasons including compliance or legal issues.

What to ask

• Does the business take enough water to need a permit, or does an exception apply?
• When does the permit expire, and what conditions does it set?
• How would the permit be amended if the business changes hands? Ask the ministry.

For a business in another province, check that province’s water law. For a fixed-asset business, see what to know before buying a manufacturer.