R. W. TOMLINSON LIMITED - Permit to take water

Instrument type: Permit to take water

ERO number
026-0903
Ministry reference number
1000473260
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
September 2, 2026 - October 2, 2026 (30 days) Closed
Last updated

This consultation was open from:
September 2, 2026
to October 2, 2026

Decision summary

Permit to Take Water No. P-300-6338405899 (Version 2)has been issued to R. W. TOMLINSON LIMITED, for aggregate extraction. Water will be taken from one pond in Loyalist, Ontario.

Location details

Site address

6595 COUNTY ROAD 2
Loyalist, ON
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

View this location on a map opens link in a new window

Proponent(s)

R. W. TOMLINSON LIMITED
100 Citigate Drive
Nepean, ON
K2J6K7
Canada

Decision details

Permit to Take Water No. P-300-6338405899 (Version 2) has been issued to R. W. TOMLINSON LIMITED, for aggregate extraction. Water will be taken from one pond in Loyalist, Ontario.

Details of the water taking are as follows:

Application type – Amendment

Source name: Quarry Sump

  • purpose: aggregate extraction - dewatering
  • maximum rate per minute (litres): 2566
  • maximum number of hours of taking per day: 24
  • maximum volume per day (litres): 3,695,040
  • maximum number of days of taking per year: 365
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of taking: 5 years

Issued Permits to Take Water can be viewed and downloaded at Access Ontario, by searching the approval number, P-300-633840589, in the search field located at the top of the map, see "I want to...Search by Approval Number", here: Access Environment

Access Environment displays the following information:

  • business name
  • facility address and location on an interactive map
  • type of approval or registration from the ministry (view a PDF copy)
  • date of issue
  • status of the approval (approved, amended, revoked and/or replaced)
  • status of the registration (registered, suspended, removed)

Comments received

Through the registry

0

By email

0

By mail

0

Effects of consultation

Comments relevant to the water taking proposal were considered as part of the review of the application. These comments were received under ERO proposal 026-0257, which pertained to the water taking for R.W. Tomlinson's Loyalist Quarry for dewatering, under Application Ref. No. 1000473260.

The main concerns raised were regarding the following:

  • the volume and purpose of the taking
  • the destination of the pumped water and potential loss of water from the watershed
  • effects of long-term dewatering on groundwater, private wells and surface water
  • cumulative impacts with other water takings
  • the Category 3 classification
  • monitoring and reporting conditions
  • the length of the permit term

In consideration of these comments, the technical information associated with this taking was reviewed, and it was determined that the risk to groundwater, surface water and other water users is low. The quarry is excavated in dense limestone that yields little water, so most of what collects in the sump comes from precipitation and runoff. The taking is not expected to affect private wells in the area, and the potential for cumulative impacts was determined to be low.

Dewatering keeps the quarry floor safe and dry as extraction progresses. The collected water is treated in sewage works authorized under an Environmental Compliance Approval and then returned to Wilton Creek, so the taking causes no net loss from the watershed or the Lake Ontario basin. Pumping typically peaks after rainfall and during spring snowmelt, and the permitted maximum is not expected to be reached every day.

Regarding the Category 3 classification, Category 3 applications cover a broad range of risk levels. The Category 3 designation in itself should not be interpreted to indicate that a particular proposal poses an unacceptable risk to the environment, rather it simply indicates that the proposed activity did not meet eligibility requirements for Category 1 or 2 proposals and, as such, requires a supporting technical study to be submitted and reviewed by ministry staff.

Testing and observations at the site have shown no effect on Wilton Creek and minimal change in groundwater near the quarry. Monitoring and reporting conditions have been included in the permit to ensure that local water levels continue to be tracked on an ongoing basis.

In determining the length of permit term and the associated permit conditions, the Ministry assesses a variety of risk factors pertaining to the surrounding environment and other users of a water resource. This assessment includes consideration of the nature of the taking, the hydrogeological setting, and the potential for impacts. The Ministry’s adaptive management approach, and the associated Director authority under the Ontario Water Resources Act, ensure that permits can be reviewed and amended as required at any time.

Through its review of the application, supporting technical information, and consideration of comments received, Ministry staff are satisfied that the permit, as issued, is protective of the water resource and surrounding water users.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Client Services and Permissions Branch
Address

40 St. Clair Avenue West
Floor 2
Toronto, ON
M4V 1M2
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from November 10, 2026 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)

Issuing authority
Ajay Persaud
Director

Permit to Take Water Unit - Environmental Permissions Branch - Ministry of the Environment, Conservation and Parks
40 St Clair Ave West
5th Floor
Toronto, ON
M4V 1M2
Canada

289-200-0589

Proponent(s)

R. W. TOMLINSON LIMITED
100 Citigate Drive
Nepean, ON
K2J6K7
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
026-0903
Ministry reference number
1000473260

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
026-0903
Ministry reference number
1000473260
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

September 2, 2026 - October 2, 2026 (30 days)

Proposal details

This proposal is for an amendment to Permit to Take Water No. P-300-6338405899 for R. W. TOMLINSON LIMITED. Water will be taken from one pond for aggregate extraction, dewatering in Loyalist, Ontario. R. W. TOMLINSON LIMITED is proposing to increase the daily water taking volumes. Details of the water taking are as follows:

Application type – Amendment

Source Name: Quarry Sump

  • Purpose: aggregate extraction - dewatering
  • Maximum rate per minute (litres): 2566
  • Maximum number of hours of taking per day: 24
  • Maximum volume per day (litres): 3,695,040
  • Maximum number of days of taking per year: 365
  • Earliest calendar date of taking (mm/dd): 01/01
  • Latest calendar date of taking (mm/dd): 12/31
  • Period of taking: 10 years

There are 3 categories of Permit to Take Water application:

  • Category 1 applications are considered low-risk and are unlikely to pose unacceptable impacts
  • Category 2 applications require a Qualified Person to undertake a scoped scientific evaluation to ensure the withdrawal of water does not result in unacceptable impacts or interference with other users. The evaluation should also demonstrate that the taking meets one of the Category 2 criteria
  • Category 3 applications must submit a detailed hydrogeological study and/or surface water study prepared by a Qualified Person for ministry review. The study will evaluate the potential for unacceptable impacts resulting from the water taking

According to the application criteria presented in the Permit to Take Water application guide, the proposed water taking qualifies as a Category 3 application. Any proposals for groundwater or surface water takings that do not meet the Category 1 or Category 2 application criteria are considered to be Category 3 applications. 

For more information, refer to the Permit to Take Water application guide using the website link below: Guide to Permit to take water application form | ontario.ca

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Client Services and Permissions Branch
Address

40 St. Clair Avenue West
Floor 2
Toronto, ON
M4V 1M2
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from September 2, 2026
to October 2, 2026

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