Is there any opportunity to appeal the source protection plan?
The Source Protection Advisory Committee recommended that once the plan is finalized, the Source Protection Planning Committee submits it to the Board of Directors of the Conservation Authority which then submits it to the Ministry of Environment for approval. If the Plan gets approved and your concerns have not been addressed, one option would be to appeal the plan. The right to appeal will be limited and has not been defined in the Advisory Committee’s report. However, it is expected that the legislation will set out some right of appeal. In addition, there will be limited rights also to appeal provincial and municipal decisions that are inconsistent with the plan. For example, if a Permit to Take Water was issued which was not consistent with the plan, it is expected there will be a right to appeal. The same right applies to Official Plans as well. Where there is a risk to human health, it is recommended that Source Protection Plans supersede other legislation. Otherwise, provincial
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