Regulatory Corner - October 2022

International (Australia) – Australian National Committee on Large Dams Guidelines on Risk Assessment (2022)

(ANCOLD) released its Guidelines on Risk Assessment (2022), which replaces ANCOLD’s 2003 Guidelines document.  ANCOLD reports that the 2022 version contains various updates that take into account developments in risk analysis methods and risk evaluation and from experience applying the 2003 Guidelines. ANCOLD notes that deciding on the tolerability of risk is one of the key functions of regulators.

The Guidelines are available at https://www.ancold.org.au/

Ontario – Conservation Authorities Act

Dam owners in Ontario often require regulatory approval from local conservation authorities that have certain water management jurisdictions in parts of the province, or dam owners collaborate with conservation authorities that own or manage dams.

On August 30, 2022, the Province announced that administration of the Conservation Authorities Act had been transferred back in full to the Ministry of Natural Resources and Forestry (MNRF), after administration of the legislation had been shared between MNRF and the Ministry of Environment, Conservation and Parks for the period of 2018 to 2022.

Ontario – Permit to Take Water Exemption Proposal

Ontario’s Ministry of Environment, Conservation and Parks (MECP) posted a September 15, 2022 notice to the Province’s Environmental Registry to advise that a decision has not yet been made on the October 2020 proposal to generally exempt dams from requiring “permits to take water” under the Ontario Water Resources Act. Ontario dam owners have long requested this regulatory exemption, especially the waterpower sector.

Further details on the policy proposal are available at https://ero.ontario.ca/index.php/notice/019-2517