Acts and Regulations

2016-67 - Clean Water Act

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NEW BRUNSWICK
REGULATION 2016-67
under the
Clean Water Act
(O.C. 2016-291)
Filed November 30, 2016
1Section 2 of New Brunswick Regulation 93-203 under the Clean Water Act is amended by repealing the definition “Provincial Analytical Services” and substituting the following:
“Provincial Analytical Services” means the laboratory operated by the New Brunswick Research and Productivity Council, or another laboratory that is approved by the Minister for the testing of water;(Services analytiques de la province)
2Subsection 5(3) of the Regulation is repealed.
3Section 6 of the Regulation is repealed and the following is substituted:
6Unless otherwise provided in the Act or this Regulation, the results of a test of a sample of water from a well are confidential and shall not be disclosed by the Minister, the Minister of Health, the Provincial Analytical Services, or any person employed by the Minister, the Minister of Health or the Provincial Analytical Services to a person other than the owner of the well unless
(a) the person requesting the results has obtained the written consent of the owner, or
(b) the disclosure is in an aggregate form and does not identify the individual well from which the sample was taken.
4Section 6.1 of the Regulation is repealed.
5Subsection 9(2) of the Regulation is repealed and the following is substituted:
9(2)If an owner of a regulated water supply system submits a sample of water for testing at a laboratory other than the Provincial Analytical Services, the laboratory shall disclose the results of the test to the Minister and the Minister of Health.
6The Regulation is amended by adding after subsection 9(2) the following:
9(2.1) A laboratory that performs a test referred to in subsection (2) shall disclose the results in a form and manner that is acceptable to the Minister or the Minister of Health, as the case may be.
7Section 10 of the Regulation is amended by striking out “may test” and substituting “may require additional testing of”.
8The Regulation is amended by adding after section 10 the following:
10.01(1)The Provincial Analytical Services shall disclose the results of a test performed on a sample of water referred to in subsection 5(1) or (2) or section 9 or 10 to the Minister and the Minister of Health.
10.01(2)The Provincial Analytical Services shall disclose the results of a test referred to in subsection (1) in a form and manner that is acceptable to the Minister or the Minister of Health, as the case may be.
10.02If section 6 or 10.01 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 6 or 10.01 prevails.
9This Regulation comes into force on December 1, 2016.