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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“air” means the atmosphere but does not include the atmosphere within a building or within the underground workings of a mine;(air)

“alteration” , when it refers to a watercourse or a wetland, means a temporary or permanent change made at, near or to a watercourse or wetland or to the water flow in a watercourse or wetland and includes(modification)

(a) any change made to existing structures in the watercourse or wetland including repairs, modifications or removal, whether the water flow in the watercourse or wetland is altered or not,

(b) the operation of machinery on the bed of a watercourse other than at a recognized fording place,

(c) the operation of machinery in or on a wetland,

(d) any deposit or removal of sand, gravel, rock, topsoil, organic matter or other material into or from a watercourse or wetland or within thirty meters of a wetland or the bank of a watercourse,

(e) any disturbance of the ground within thirty metres of a wetland or the bank of a watercourse, except grazing by animals, the tilling, plowing, seeding and harrowing of land, the harvesting of vegetables, flowers, grains and ornamental shrubs and any other agricultural activity prescribed by regulation for the purposes of this paragraph, that occur more than five metres from a wetland or the bank of a watercourse,

(f) any removal of vegetation from the bed or bank of a watercourse,

(g) any removal of trees from within thirty metres of the bank of a watercourse, and

(h) any removal of vegetation from a wetland or from within thirty metres of a wetland except the harvesting of vegetables, flowers, grains and ornamental shrubs and any other agricultural activity prescribed by regulation for the purposes of this paragraph, that occur more than five metres from a wetland;

“analyst” means an analyst designated under section 21;(analyste)

“animal” means a vertebrate, invertebrate or micro-organism whether living or dead, other than a human;(animal)

“approval” means an approval or certificate of approval granted or issued under this Act or the regulations that has not expired or been suspended or cancelled;(agrément)

“aquifer” means a geological formation from which ground water can be withdrawn;(nappe d’eau)

“body of water” means any body of flowing or standing water whether naturally or artificially created;(eau réceptrice)

“Committee” Repealed: 1992, c.76, s.1

“contaminant” means any solid, liquid, gas, micro-organism, odour, heat, sound, vibration, radiation or combination of any of them, present in the environment,(polluant)

(a) that is foreign to or in excess of the natural constituents of the environment,

(b) that affects the natural, physical, chemical or biological quality or constitution of the environment,

(c) that endangers the health, safety or comfort of a person or the health of animal life, that causes damage to property or to plant life or that interferes with visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property, or

(d) that is designated by the Minister of Health or the Minister as a contaminant under section 10,

and includes a pesticide;

“contaminated” Repealed: 1992, c.76, s.1

“contamination” Repealed: 1992, c.76, s.1

“danger of pollution” means(risque de pollution)

(a) an accumulation of material at a particular location,

(b) an artificial disturbance of land,

(c) a material storage or disposal facility,

(d) a transfer operation,

(e) a transport facility, or

(f) a pipeline, tank, drum, excavation, depression, pond or impoundment situated in or on the ground or in a building, whether natural or artificial and whether lined or unlined, for either storage or transport, as the case may be, of useful or waste materials,

that could through use or misuse, seepage, leaching, accidents, leaks, breaks, negligence, acts of animals or persons or acts of God release contaminants directly or indirectly into or upon the waters of the Province and any application or disposal of materials or chemicals that could, directly or indirectly, enter the waters of the Province;

“Designation Order” means an Order made under subsection 14(1), and includes any requirements imposed under subsection 14(3) in relation to that Order and, unless otherwise indicated, any description or plan of the protected area that is published, registered or filed under section 14 in relation to that Order;(décret de désignation)

“domestic wastewater” means the wastewater discharging from a residential building and wastewater of a like nature discharging from other buildings;(eaux usées domestiques)

“environment” means the air, water or soil;(environnement)

“ground water” means any flowing or standing water below the surface of the earth;(eaux souterraines)

“ground water recharge area” means the surface area of land that acts as a catchment to supply a body of water or an aquifer with ground water;(aire d’alimentation d’une nappe souterraine)

“industrial waste” means any liquid, solid or other waste, or any combination of liquid, solid or other waste, resulting from a process of industry or manufacture or the exploration for or development of a natural resource and includes(matières usées industrielles)

(a) storm water that has been contaminated through contact with useful or waste materials as a result of human activity, and

(b) useful or waste material from a danger of pollution that becomes a contaminant;

“inspector” means an inspector designated under section 17;(inspecteur)

“licence” means a licence issued under this Act or the regulations that has not expired or been suspended or cancelled;(licence)

“Minister” means the Minister of Environment and includes a person designated by the Minister to act on the Minister’s behalf;(Ministre)

“Minister of Health” includes a person designated by the Minister of Health to act on that Minister’s behalf;(ministre de la Santé)

“monitoring” means auditing of or obtaining and analyzing samples;(surveillance)

“municipality” means a city, town, village, rural community or local service district and includes a commission that provides water or wastewater services normally provided by a municipality;(municipalité)

“permit” means a permit issued under this Act or the regulations that has not expired or been suspended or cancelled;(permis)

“person” , in addition to the meaning ascribed to it by the Interpretation Act, includes a municipality, Her Majesty in right of Canada and Her Majesty in right of New Brunswick;(personne)

“pesticide” means a pesticide as defined in the Pesticides Control Act;(pesticide)

“potable water” means water at a point of consumption that is being supplied from a well, public water supply system or water supply system and is intended to be used for cooking or drinking by humans;(eau potable)

“public water supply system” means a public water supply system as defined by regulation;(installation d’approvisionnement public en eau)

“recognized fording place” means a ford as indicated on the most recent 1 to 50,000 scale maps of the National Topographic System or a place where persons have been fording a river, stream, creek or other flowing body of water for a period of at least five consecutive years;(endroit reconnu comme passage à gué)

“registration” means a registration under this Act or the regulations that has not expired or been suspended or cancelled;(immatriculation)

“release” , when used with reference to a contaminant, waste or other matter regardless of form, includes the discharging, emitting, leaving, depositing or throwing of the contaminant, waste or other matter and the doing of or the omission to do any other activity in respect of the contaminant, waste or other matter, with the direct or indirect result that the contaminant, waste or other matter enters into or upon water, whether or not the contaminant, waste or other matter previously existed in or upon the water;(déversement)

“sewage” Repealed: 1993, c.19, s.1

“sewage treatment facility” Repealed: 1993, c.19, s.1

“sewer” means a drain, pipe or conduit intended to convey wastewater or storm water;(égout)

“significant health risk” , when it refers to a risk posed by water, means the presence in water of a contaminant or waste or a class of contaminant or waste, the amount, concentration or level of which, when attained in water by itself or in combination with another contaminant, another waste or any substance, in the opinion of the Minister of Health, endangers the health of a person in the circumstances;(risque important pour la santé)

“soil” includes land, earth and the terrain;(sol)

“solid waste” means waste with insufficient liquid content to be free-flowing;(matières usées solides)

“source” , when it refers to water, means the body of water from which the water is obtained for a well, public water supply system or water supply system;(source)

“source of contaminant” means any activity or any real or personal property that releases or might release a contaminant directly or indirectly into or upon water and includes a danger of pollution;(source de pollution)

“storm water” means rain water, or water resulting from the melting of snow and ice, that may contribute to the flow in a sewer;(eaux pluviales)

“surface water” means any flowing or standing water on the surface of the earth;(eau de surface)

“waste” includes rubbish, slimes, tailings, effluent, wastewater, fumes, smoke, other waste products of any kind and any other matter that is prescribed by regulation to be waste;(matières usées)

“wastewater” includes any industrial wastewater or domestic wastewater, whether treated or untreated, containing human, animal, vegetable or mineral matter in liquid or solid form, in suspension or in solution;(eaux usées)

“wastewater treatment facility” means all or any part of a structure or device or any combination of structures or devices that are used or intended to be used for the purpose of treating, monitoring or holding wastewater and includes pumps, buildings, piping, controls, other equipment and their appurtenances;(usine d’épuration des eaux usées)

“water” includes(eau)

(a) flowing or standing water whether on or below the surface of the earth, and

(b) the ice of any body of water;

“water supply system” means a works that conveys or is able to convey water for human consumption;(installation d’approvisionnement en eau)

“watercourse” means the full width and length, including the bed, banks, sides and shoreline, or any part, of a river, creek, stream, spring, brook, lake, pond, reservoir, canal, ditch or other natural or artificial channel open to the atmosphere, the primary function of which is the conveyance or containment of water whether the flow be continuous or not;(cours d’eau)

“waters of the Province” means all water in the Province of New Brunswick and, without restricting the generality of the foregoing, includes coastal water within the jurisdiction of the Province, ground water and surface water;(eaux de la Province)

“watershed” means the surface area contained within a divide above a specific point on a river, stream, creek or other flowing body of water;(bassin hydrographique)

“waterworks” means all or any part of a private, public, commercial or industrial works for the collection, production, treatment, storage, supply or distribution of water;(ouvrage d’adduction d’eau)

“well” means an artificial opening in the ground from which water is obtained or an opening made for the purpose of exploring for or obtaining water.(puits)

“wetland” means land that(terre humide)

(a) either periodically or permanently, has a water table at, near or above the land’s surface or that is saturated with water, and

(b) sustains aquatic processes as indicated by the presence of hydric soils, hydrophytic vegetation and biological activities adapted to wet conditions.

1989, c.53, s.1; 1989, c.55, s.25; 1992, c.76, s.1; 1993, c.19, s.1; 2000, c.26, s.44; 2003, c.5, s.1; 2005, c.7, s.11; 2006, c.16, s.30

APPLICATION OF ACT

Application

2Her Majesty in right of Canada and Her Majesty in right of New Brunswick are bound by the provisions of this Act.

1993, c.19, s.2

Conflict of law

3(1)Subject to subsection (2) and except where otherwise specified, if a conflict exists between this Act, including, without restricting the generality of the foregoing, an order under section 14, or any regulation made under this Act, and any other Act of the Legislature, whether public or private, or any regulation made under any other Act, this Act, including, without restricting the generality of the foregoing, an order under section 14, and any regulation made under this Act prevail.

3(2)If a conflict exists between this Act or any regulation made under this Act and the Health Act or any regulation made under the Health Act in a matter relating principally to public health, the Health Act and any regulation made under it prevail.

3(3)No order, direction or requirement issued, given or imposed and no prosecution commenced under this Act or any regulation made under this Act is invalid and no action taken by the Minister under this Act or any regulation made under this Act is unauthorized by reason only that it might also have been issued, given, imposed, commenced or taken under the Clean Environment Act or under any regulation made under the Clean Environment Act.

1989, c.53, s.2; 1990, c.35, s.1

ACTION BY THE MINISTER

Ministerial Order

4(1)Subject to subsection 12(3), the Minister may issue a Ministerial Order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:

(a) to control or reduce the rate of release of any contaminant or waste into or upon water;

(b) to eliminate the release of any contaminant or waste into or upon water

(i) permanently,

(ii) for a specified period, or

(iii) in the circumstances set out in the order;

(c) to alter the manner of release of any contaminant or waste into or upon water;

(d) to alter the procedures to be followed in the control, reduction or elimination of the release of any contaminant or waste into or upon water;

(e) to install, replace or alter any equipment or thing designed to control, reduce or eliminate the release of any contaminant or waste into or upon water;

(f) to install, replace or alter a wastewater treatment facility or waterworks in order to control, reduce, eliminate or remedy the release of a contaminant or waste into or upon water; and

(g) if a contaminant or waste has been released into or upon water, to carry out clean-up, site rehabilitation or other remedial action.

4(2)A Ministerial Order requiring the installation, replacement or alteration of a wastewater treatment facility or a waterworks may include

(a) a requirement that the person to whom the order is directed provide to the Minister such drawings, specifications and other information in relation to the facility as the Minister requires, and

(b) a compliance schedule requiring the completion of specified stages of construction or specified components or actions by specified dates.

4(3)A single Ministerial Order may deal with several contaminants or wastes or a combination of contaminants or wastes and may be directed to one or more persons.

4(4)A Ministerial Order shall be in writing and shall include reasons for the order.

4(5)When a Ministerial Order is served upon a person to whom it is directed, that person shall comply with the order.

4(6)A Ministerial Order remains in effect until rescinded by the Minister.

4(7)A person to whom a Ministerial Order is directed may appeal in the manner provided by regulation, but the initiation of an appeal does not abrogate the requirement to comply with the Ministerial Order.

4(8)A Ministerial Order is binding upon the heirs, successors, executors, administrators and assigns of the persons to whom it is directed.

1993, c.19, s.3

Other order by Minister

5(1)Subject to subsection 12(3), if, in the opinion of the Minister, the action taken under a Ministerial Order is not adequate, the Minister may, verbally or in writing, order the taking of such remedial action as the Minister considers necessary.

5(2)Subject to subsection 12(3), if a person to whom a Ministerial Order or an order under subsection (1) is directed fails or refuses to comply in whole or in part with the order or part of the order, the Minister, together with such persons, materials and equipment as the Minister considers necessary, may enter upon any land or premises, using the force the Minister considers necessary, and may take such further action the Minister considers necessary to effect compliance with or to carry out the order.

Liability

6(1)Upon written demand being made by the Minister, any cost, loss, expense, damages or charge incurred by the Minister while acting under section 5, including, without restricting the generality of the foregoing, the cost of providing water and the cost of all persons, materials and equipment employed and of repairing any damage done, shall be the liability of and paid by any person who failed or refused to comply with a Ministerial Order or an order made under subsection 5(1).

6(2)If more than one person has failed or refused to comply with a Ministerial Order or an order made under subsection 5(1), those persons are jointly and severally liable under subsection (1).

6(3)The Minister is liable for any unnecessary damage caused by any action taken by the Minister or by any person acting on behalf of the Minister under section 5.

1993, c.19, s.4

Remedial action by Minister

7(1)Subject to subsections (2) and 12(3), if the Minister, on reasonable and probable grounds, is of the opinion that a contaminant or waste is being directly or indirectly released into or upon water, the Minister, together with such persons, materials and equipment as the Minister considers necessary, may enter upon any land or premises, using the force the Minister considers necessary, and may take such further action the Minister considers necessary in order to control, reduce or eliminate the release of the contaminant or waste and remedy the situation.

7(2)The Minister shall act under subsection (1) only if the Minister is unable to determine the origin of the contaminant or waste or is of the opinion that the issuance of a Ministerial Order or another order would not immediately bring about the control, reduction or elimination of the release of the contaminant or waste or would not remedy the situation.

7(3)Action by the Minister under subsection (1) may include

(a) controlling or reducing the rate of release of the contaminant or waste,

(b) eliminating the release of the contaminant or waste,

(c) altering the manner of release of the contaminant or waste,

(d) altering any procedures followed in the control, reduction or elimination of the release of the contaminant or waste,

(e) installing, replacing or altering any equipment or thing designed to control, reduce or eliminate the release of the contaminant or waste,

(f) installing, replacing or altering a wastewater treatment system or a waterworks in order to control, reduce, eliminate or remedy the release of the contaminant or waste, and

(g) carrying out clean-up, site rehabilitation or other remedial action.

7(4)Action taken by the Minister under subsection (1) shall not

(a) affect the validity or force of any Ministerial Order or other order issued under this Act before, during or after the taking of the action, or

(b) subject to subsection (5), be deemed by any person or court to bear upon or affect the liability of any person for any cost, expense, loss, damages or charge resulting from or related to the release of the contaminant or waste.

7(5)The Minister is liable for any unnecessary damage caused by any action taken by the Minister or by any person acting on behalf of the Minister under subsection (1).

1993, c.19, s.5

RECOVERY

Recovery of costs, expenses, losses, damages or charges

8(1)If

(a) a contaminant or waste has been directly or indirectly released into or upon water,

(b) the Minister has incurred any cost, expense, loss, damages or charge that remains unrecovered in part or in whole with respect to the occurrence of an event described in paragraph (a), while acting under section 5 or 7, and

(c) the Minister has made a written demand under subsection 6(1) where applicable,

the unrecovered cost, expense, loss, damages or charge may be recovered by the Minister by action in a court of competent jurisdiction as a debt owed to Her Majesty in right of the Province.

8(2)No person shall make a claim for or seek to recover any cost, expense, loss, damages or charge incurred with respect to the occurrence of an event described in paragraphs (1)(a) and (b) unless that person first delivers to the Minister written notice of the action to be taken.

8(3)Within sixty days after receipt of a notice under subsection (2), the Minister may deliver written directions to the person who delivered the notice, requiring the person to amend pleadings where applicable and to take such further steps as are set out in the directions to claim and seek to recover any cost, expense, loss, damages or charge incurred by the Minister that remains unrecovered.

8(4)If another person has commenced an action that includes a claim on behalf of Her Majesty in right of the Province, the Minister may take the steps necessary to assume carriage of the action in order to recover the cost, expense, loss, damages or charge referred to in subsection (1).

8(5)If an event described in paragraphs (1)(a) and (b) occurs and a person to whom a Ministerial Order or an order under subsection 5(1) is directed is the insured under an insurance policy that provides for coverage for any loss or damage resulting from such event, the insurer shall pay to the Minister any cost, expense, loss, damages or charge incurred by the Minister while acting under subsection 5(2).

8(6)The Minister may enter into an agreement to share the proceeds of an insurance policy to which the Minister is entitled under subsection (5) on a pro rata basis or such other basis as the Minister considers appropriate with other persons who have incurred any cost, expense, loss, damages or charge in the circumstances described in subsection (5) and the insurer shall pay the proceeds in accordance with the agreement.

8(7)If an insurer has made a payment under subsection (5) or (6), the payment shall be deemed to be a payment with respect to loss or damage resulting from the event for which coverage was in effect.

8(7.1)Nothing in this section shall be deemed to require an insurer to pay the Minister or any other person a sum or sums totalling in excess of the coverage limits of an insurance policy.

8(8)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the cost, loss, expense, damages or charge referred to in paragraph (1)(b) is, without proof of the appointment, authority or signature of the person purporting to have signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary, proof

(a) of the amount of the cost, loss, expense, damages or charge set out in the certificate, and

(b) that the cost, loss, expense, damages or charge was made necessary or caused by the release of a contaminant or waste to which the claim or action relates.

8(9)The provisions of this section apply, with the necessary modifications, to any cost, loss, expense, damages or charge incurred by the Minister with respect to the occurrence of an event described in paragraph (1)(a) while acting under a regulation under this Act.

1989, c.53, s.3; 1993, c.19, s.6

GENERAL

Crown control of water

9The control of all water within the confines of the Province is declared to be, and to have been at all times past, vested in the Crown in right of the Province and no right to use or divert water can be acquired by prescription.

Orders relating to contaminant or waste in or upon water

10(1)The Minister of Health may by order designate as a contaminant a solid, liquid, gas, micro-organism, odour, radiation or combination of any of them, when in or upon potable water or any class of potable water.

10(2)The Minister may by order

(a) designate as a contaminant a solid, liquid, gas, micro-organism, odour, heat, sound, vibration, radiation or combination of any of them, when in or upon water that is not potable water or a class of water that is not potable water, and

(b) establish the maximum amount, level or concentration of a contaminant or waste or a class of contaminant or waste that is permissible, either alone or in combination with another contaminant, another waste or any substance, in or upon water that is not potable water or a class of water that is not potable water.

10(3)The Regulations Act does not apply to orders made under this section.

1989, c.55, s.25; 1992, c.76, s.2; 2000, c.26, s.44; 2006, c.16, s.30

Testing of water

11(1)Every person who bores, drills, digs or redrills the well of another person shall

(a) not more than thirty days after the completion of the boring, drilling, digging or redrilling, file with the Minister a water well driller’s report in accordance with the regulations, and

(b) pay the fee prescribed by regulation for the testing required under paragraph (2)(a).

11(2)The owner of a well that has been bored, drilled, dug or redrilled by another person shall

(a) have a sample of the water from the well tested for the presence of inorganic substances and micro-organisms, and

(b) give notice of the test results to consumers and intended consumers of the water,

in accordance with the regulations.

11(3)Every owner of a public water supply system shall have the water in the public water supply system tested in accordance with the regulations.

Authority or permission under Act of Legislature

12(1)No person shall directly or indirectly release a contaminant or waste or a class of contaminant or waste into or upon water if to do so would or could

(a) affect the natural, physical, chemical or biological quality or constitution of water,

(b) endanger the health, safety or comfort of a person or the health of animal life,

(c) cause damage to property or plant life, or

(d) interfere with visibility, the normal conduct of transport or business or the normal enjoyment of life or property,

unless the person is acting under and in compliance with authority or permission given under an Act of the Legislature.

Authority or permission under Act of Legislature

12(2)Subject to subsection (3), an order may be issued and any other action may be taken by the Minister under this Act or the regulations respecting the release of a contaminant or waste notwithstanding that the release is or may be caused or permitted by a person acting under authority or permission given under an Act of the Legislature and notwithstanding that such person is or may be acting in compliance with such authority or permission.

Pesticides Control Act exemptions

12(3)The Minister of Health or the Minister shall not make an order or take action respecting the release of a contaminant or waste under subsection 4(1), 7(1), 13(3), 13(4), 13(5) or 14.4(1) if

(a) the Minister has made an order under section 25 of the Pesticides Control Act,

(b) an inspector appointed under the Pesticides Control Act has made an order under subsection 28(1) of that Act, or

(c) the Director of Pesticides Control has taken steps under subsection 30.1(2) of the Pesticides Control Act,

respecting the contaminant or waste.

1989, c.53, s.4; 1992, c.76, s.3; 1993, c.19, s.7; 2000, c.26, s.44; 2006, c.16, s.30

Significant health risk posed by water

13(1)In this section

“private well” means a well from which the water is used only by the owner or the owner’s immediate family for the purposes of the owner or the owner’s immediate family.

13(2)No person shall supply water or permit water to be supplied to consumers from a well, public water supply system or water supply system, except a private well, if the water poses a significant health risk.

13(3)Subject to subsection 12(3), if the Minister of Health determines upon testing or believes, on other reasonable and probable grounds, that water in a well, public water supply system or water supply system, except a private well, poses a significant health risk because of the presence of a contaminant in the water at the source, the Minister

(a) shall make such order as the Minister considers advisable and necessary in order to ensure that

(i) access to the source of the water is closed or barred, temporarily or permanently,

(ii) water is temporarily or permanently provided, and

(iii) the significant health risk is eliminated, if the Minister is satisfied, after consulting with the Minister of Health, that it would be possible and practicable to do so, and

(b) may order the owner of the well, public water supply system or water supply system

(i) to install a new permanent well or to provide an alternate source that provides water of a quality and quantity at least equivalent to and that is as convenient as the water provided before the significant health risk occurred for all consumers of the water, if the Minister is satisfied, after consulting with the Minister of Health, that it would be impossible or impracticable to eliminate the significant health risk, and

(ii) to take such further measures as the Minister considers advisable and necessary.

13(4)Subject to subsection 12(3), if the Minister of Health determines upon testing or believes, on other reasonable and probable grounds, that water in a well, public water supply system or water supply system, except a private well, poses a significant health risk because of the presence of a contaminant in the water at the point of consumption, the Minister of Health

(a) shall make such order as that Minister considers advisable and necessary in order to ensure that

(i) access to the source of the water is closed or barred, temporarily or permanently,

(ii) water is temporarily or permanently provided, and

(iii) the significant health risk is eliminated, if satisfied that it would be possible and practicable to do so, and

(b) may order the owner of the well, public water supply system or water supply system

(i) to give notice to all the consumers of the water of the significant health risk posed by it in accordance with directions set out in the order within the time period stipulated in the order,

(ii) to provide safe water temporarily, at the owner’s expense, to all the consumers of the water in amounts sufficient to enable the consumers adequately to meet their requirements until the significant health risk is eliminated,

(iii) to install a new public water supply system or water supply system that provides water of a quality and quantity at least equivalent to and that is as convenient as the water provided before the significant health risk occurred for all consumers of the water, if that Minister is satisfied that it would be impossible or impracticable to eliminate the significant health risk, and

(iv) to take such further measures as the Minister of Health considers advisable and necessary.

13(5)Subject to subsection 12(3), if the Minister of Health determines upon testing or believes, on other reasonable and probable grounds, that water in a well, public water supply system or water supply system, except a private well, may in the circumstances pose a significant health risk in the future

(a) at the source, the Minister may make such order and take such measures as the Minister considers advisable and necessary in order to ensure that the possible future significant health risk is prevented, eliminated, minimized or otherwise appropriately dealt with and the quality of the water is improved if necessary, and

(b) at the point of consumption, the Minister of Health may make such order and take such measures as that Minister considers advisable and necessary in order to ensure that the possible future significant health risk is prevented, eliminated, minimized or otherwise appropriately dealt with and the quality of the water is improved if necessary, including the making of an order described in subparagraph (4)(b)(i) or (ii) with the necessary modifications.

13(6)If the Minister of Health determines upon testing or believes, on other reasonable and probable grounds, that water in a private well poses a significant health risk, that Minister shall, in accordance with the regulations, notify the owner of the well of the results of the testing or the other grounds for the belief and of the nature of the significant health risk.

13(7)If the Minister of Health has given notice in accordance with subsection (6) to the owner of a private well that poses a significant health risk, the Minister of Health and the Minister shall not be liable for any cost, expense, loss, damages or charge arising from the significant health risk, while it is restricted to the water in the private well, by reason only that neither Minister has made an order or taken other measures under this Act in relation to the significant health risk.

13(8)Sections 5, 6 and 8 apply with the necessary modifications to an order made under this section.

1992, c.76, s.4; 2000, c.26, s.44; 2006, c.16, s.30

Potable Water Advisory Committee

13.1(1)In this section

“Chief Medical Officer” means the Chief Medical Officer referred to in section 3 of the Health Act or the person designated by the Minister of Health to act on behalf of the Chief Medical Officer;

“Committee” means the Potable Water Advisory Committee established under this section.

13.1(2)There shall be a Committee to be known as the Potable Water Advisory Committee.

13.1(3)The Committee shall consist of six persons, of whom

(a) one shall be the Chief Medical Officer, who shall be chairperson,

(b) two shall be employees of the Department of Environment, who shall be appointed by the Minister,

(c) two shall be employees of the Department of Health, who shall be appointed by the Minister of Health, and

(d) one shall be a member of the New Brunswick Medical Society, who shall be appointed by the Minister of Health.

13.1(4)The Committee shall make recommendations to the Minister of Health and to the Minister

(a) after taking into consideration the results of sampling and testing, the factors relevant to a particular situation, the nature of the contaminant, technical information, materials and advice available from expert sources and consultations with the owner of a well, public water supply system, water supply system or source from which water is obtained, in relation to the amount, concentration or level of a contaminant or class of contaminant which, when attained in the water by itself or in combination with other substances, renders the water a significant health risk,

(b) in relation to the appropriate measures to be taken by the owner of a well, public water supply system, water supply system or source to prevent the state of water from developing into a significant health risk or, if a significant health risk has developed, to deal effectively and appropriately with the risk,

(c) in relation to the manner of giving notice by an owner under subparagraph 13(4)(b)(i) and the information to be included in the notice, and

(d) in relation to any other matter established by regulation.

13.1(5)At its first meeting, the Committee may by a majority of all its members establish the number that constitutes a quorum, and may change that number in the same manner.

13.1(6)To carry out its duties, the Committee may make its own rules of procedure.

13.1(7)The Committee may sit when and if it considers it necessary in order to perform its duties under this section.

13.1(8)The Committee may consult with the owner of a well, public water supply system, water supply system or source, the water from which is the subject of consideration by the Committee, in order to arrive at recommendations in relation to the water.

13.1(9)The Minister of Health and the Minister may from time to time engage as advisers to the Committee persons having special knowledge concerning any matter relating to water.

13.1(10)The Minister of Health and the Minister may pay a reasonable remuneration to and reasonable travelling and out-of-pocket expenses necessarily incurred by members of the Committee who are not employees of the Province.

13.1(11)The Minister of Health and the Minister may pay reasonable travelling and out-of-pocket expenses necessarily incurred by persons appearing before the Committee.

1992, c.76, s.5; 2000, c.26, s.44; 2006, c.16, s.30

Protected areas

14(1)The Minister, with the approval of the Lieutenant-Governor in Council, may by a Designation Order designate as a protected area all or any portion of a watershed, aquifer or ground water recharge area that is used as a source of water for a public water supply system.

14(2)The Minister shall provide for a commencement date in a Designation Order.

14(3)The Minister may impose requirements in a Designation Order respecting one or more of the following:

(a) the prohibition, control or limitation of any activity or thing that might impair the quality or the quantity of the water in a protected area;

(b) the allocation of the use of the water in a protected area;

(c) the prohibition, control or limitation of the use of the land in a protected area;

(d) terms and conditions respecting the land or the water in a protected area; or

(e) standards for the purpose of protecting the quality and quantity of the water in a protected area and methods of enforcing the standards.

14(4)A Designation Order shall include

(a) a schedule of any requirements imposed under subsection (3), and

(b) a description or plan of the protected area.

14(5)The Minister shall, before the commencement date of a Designation Order,

(a) file a copy of the Order in the head office of the Department of Environment and in the regional office of the Department of Environment situated most closely to the protected area,

(b) register in the registry office of Service New Brunswick for the county or counties in which the protected area is situated, a copy of the Order accompanied by a plan that bears

(i) the current Service New Brunswick parcel identifier numbers of every parcel of land situated wholly or partially within the boundaries of the protected area, and

(ii) any other information that the Minister considers appropriate, and

(c) publish a notice at least once in one or more newspapers published in the county or counties in which the protected area is situated or, if no newspaper is published in that county or counties, in a newspaper published in the Province and having general circulation in that county or counties.

14(6)A notice referred to in paragraph (5)(c) shall include a description or plan of the protected area and shall indicate that a schedule of any requirements imposed under subsection (3) may be inspected at the head office of the Department of Environment and at the regional office of the Department of Environment specified in the notice.

14(7)The Minister shall maintain a general register of Designation Orders at the head office of the Department of Environment and shall maintain a regional register of Designation Orders at each regional office referred to in notices published under paragraph (5)(c) and the general and regional registers shall be open for inspection during normal business hours.

14(8)A person who, on the commencement date of a Designation Order, owns or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (3) shall begin complying with those requirements on the commencement date of the Order and shall continue to comply with all requirements except those from which the person has been granted an exemption.

14(9)A person who, after the commencement date of a Designation Order, acquires, proposes or commences to develop, construct, operate or maintain an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (3) shall comply with all the requirements except those from which the person has been granted an exemption.

1993, c.19, s.8; 1998, c.12, s.11; 2000, c.26, s.44; 2003, c.5, s.2; 2006, c.16, s.30

Protected areas

14.1(1)A person who owns, acquires or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection 14(3) may ask the Minister to grant an exemption by delivering a request for an exemption to the Minister, at any time after the Order is made, on a form provided by the Minister.

14.1(2)Upon receipt of a request under subsection (1), the Minister may,

(a) on a form provided by the Minister, grant an exemption in accordance with the regulations, permitting the development, construction, operation or maintenance of all or part of an activity, thing or use that is prohibited, controlled or limited by a requirement imposed in relation to a Designation Order, during a specified or an indefinite period of time as is set out in the exemption, subject to such requirements as the Minister may impose,

(b) acquire all or a portion of the land where the activity, thing or use is being developed, constructed, operated or maintained, or

(c) on a form provided by the Minister, refuse the request.

14.1(3)The Minister shall specify in an exemption the name of the person or persons or the class of persons to whom all or any specified portion of the exemption applies, and the exemption or portion of it, as the case may be, shall apply

(a) unless otherwise specified, to the heirs, assigns, successors, executors and administrators of those persons, and

(b) where specified, to the employees and agents of those persons.

14.1(4)The Minister shall set out in an exemption the Service New Brunswick parcel identifier number or numbers of the land to which it relates and any requirements imposed in relation to the exemption and shall include in or with it a description or plan of the land.

14.1(5)The Regulations Act does not apply to an exemption.

14.1(6)Subsection 14(5) does not apply to an exemption.

14.1(7)Notwithstanding subsection (6), an exemption and the accompanying description or plan may be filed in a registry office referred to in paragraph 14(5)(b).

14.1(8)A person who is required to comply with requirements that are imposed in relation to an exemption shall comply with the requirements.

14.1(9)A person who owns, acquires or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by a requirement imposed in relation to the order filed as New Brunswick Regulation 90-136 may apply for an exemption from that requirement in accordance with subsection (1), but the person shall continue to comply with all requirements imposed in relation to the order except those from which the person has been granted an exemption.

14.1(10)Subsections (2) to (8) apply with the necessary modifications to

(a) an exemption applied for under subsection (9),

(b) a notice requesting an exemption from the order filed as New Brunswick Regulation 90-136 that was received by the Minister before the commencement of this subsection but more than sixty days after the commencement date of the order and to any exemption granted in relation to it after the commencement of this subsection, and

(c) persons, activities, things and uses in relation to which an exemption referred to in paragraph (a) or (b) is granted.

1993, c.19, s.9; 1998, c.12, s.11; 2003, c.5, s.3

Protected areas

14.11(1)The Minister may delegate to an appropriate municipal employee the Minister’s authority to grant or refuse exemptions under subsection 14.1(2) for exemption requests made under subsection 14.1(1).

14.11(2)A delegation under subsection (1) shall be in writing.

14.11(3)In a delegation under this section the Minister shall

(a) establish the manner in which the delegate is to exercise the delegated authority, and

(b) impose on the delegate any limitations, terms, conditions and requirements that the Minister considers appropriate.

14.11(4)A delegate under this section shall exercise the delegated authority in the manner established in, and in accordance with any limitations, terms, conditions and requirements imposed in the delegation.

2004, c.22, s.1

Protected areas

14.2(1)Land shall be deemed not to be injuriously affected by reason only that

(a) all or any portion of it is designated or is adjacent to land that is designated as a protected area under section 14, or

(b) the Minister imposes any requirement under section 14 in relation to all or any portion of it or to land adjacent to all or any portion of it,

and no compensation shall be paid to the owner of land or any person having any interest in land by reason only that the land or any portion of it is, or is adjacent to, land that is so designated or in relation to which such a requirement is imposed.

14.2(2)If a conflict exists between this section and any other provision of this Act, this section prevails.

1993, c.19, s.9

Protected areas

14.3The Minister shall register, in accordance with paragraph 14(5)(b), a copy of the order filed as New Brunswick Regulation 90-136 in the registry office of Service New Brunswick for the county or counties in which are situated the protected areas to which that Regulation relates.

1993, c.19, s.9; 1998, c.12, s.11

Protected areas

14.4(1)Subject to subsection 12(3), if the Minister is satisfied, on reasonable and probable grounds, that a person is required to comply and is failing or refusing to comply, in whole or in part, with a Designation Order or with requirements imposed in relation to an exemption or to the order filed as New Brunswick Regulation 90-136, the Minister may

(a) order the taking of such action as the Minister considers necessary to effect compliance with or to carry out the order or requirements, as the case may be, and

(b) together with such persons, materials and equipment as the Minister considers necessary, enter upon the land or premises to which the order or requirements relate, using the force the Minister considers necessary, and take such further action the Minister considers necessary to effect compliance with or to carry out that order or the requirements, as the case may be.

14.4(2)Section 6 applies with the necessary modifications where the Minister has made an order or taken action under this section.

1993, c.19, s.9

Alteration of watercourse or wetland

15(1)A person planning a hydro-electric power project, a control dam, a river diversion, a drainage diversion or any other project or structure that alters a watercourse or a wetland or diverts all or part of a watercourse or the water flowing in a watercourse or a wetland shall, before undertaking or proceeding with the project,

(a) provide the Minister with copies of the plans and such other documents or information as the Minister may require, and

(b) subject to subsection (1.1), obtain a permit issued by the Minister.

15(1.01)The Minister may impose such terms and conditions as the Minister considers appropriate on a permit issued under paragraph (1)(b), including those requiring the maintenance of a designated rate of water flow.

15(1.1)Paragraph (1)(b) does not apply to a person or a member of a class of persons who is exempted, in accordance with the regulations, from the requirement to obtain a permit or for whom the requirement has been waived in accordance with the regulations.

15(1.2)The owner of a project or structure referred to in subsection (1) shall ensure that all the original specifications of the project or structure that were provided to the Minister under subsection (1), any terms and conditions imposed on any permit issued in relation to the project or structure and any additional or amended specifications subsequently approved by the Minister upon the request of the holder of the permit, are met at all times.

15(2)The owner of a project or structure referred to in subsection (1) or any other structure that lies within or crosses all or part of a watercourse or wetland shall maintain the project or structure in good repair at all times.

15(3)Subject to the regulations, the Minister at any time may

(a) order an inspection, by an inspector, of any project or structure referred to in subsection (2),

(b) order the owner or operator of the project or structure to provide such drawings, specifications and other documents and information as the Minister requires,

(c) order the owner, operator or another person to carry out, at the expense of the owner or operator, such repairs or modifications to the project or structure as the Minister considers necessary, and

(d) order the owner or operator to meet any terms and conditions imposed on any permit issued in relation to the project or structure, to meet any of the original specifications or to meet any additional or amended specifications that were approved by the Minister upon the request of the holder of the permit.

1990, c.35, s.2; 1993, c.19, s.10; 2003, c.5, s.4

Well-drilling

16Subject to the regulations, no person shall

(a) engage in the business of well-drilling,

(b) undertake the boring, drilling, digging or redrilling of a well on lands of which that person is not the owner or lessee, or

(c) undertake an operation incidental to the reconditioning or abandonment of a well on lands of which that person is not owner or lessee,

unless that person is the holder of the appropriate registration, licence, permit or approval in accordance with the regulations.

Designation and powers of inspectors

17(1)The Minister may designate persons as inspectors for the purposes of this Act.

17(2)An inspector, at any reasonable time and upon presentation of proof of identification on a form provided by the Minister, may, for the purpose of administering this Act,

(a) enter any area, land, place or premises where the inspector reasonably believes a contaminant or waste was or is being or will be produced, in, into or from which the inspector reasonably believes a contaminant or waste was or is being or will be released or that otherwise did pose, poses or could pose a threat to the allocation, quality or quantity of water and inspect the area, land, place or premises,

(b) inspect any structure, installation, operation, plant or machinery, inspect and test any process of production or manufacture and any raw or manufactured substance or material used in or relating to the process that the inspector reasonably believes has been, is or will be producing or releasing a contaminant or waste or otherwise did pose, poses or could pose a threat to the allocation, quality or quantity of water and take samples of discharges, deposits, effluents or emissions,

(c) take samples of any substance or material,

(d) enter any area, land, place or premises where the inspector reasonably believes that water has been, is being or will be used, contaminated or diverted contrary to the provisions of this Act or the regulations,

(e) inspect any structure, installation, operation, plant or machinery and inspect and test any process of production or manufacture to determine whether water has been, is being or will be used, contaminated or diverted contrary to the provisions of this Act or the regulations, and

(f) enter and inspect any area, land, place or premises that is wholly or partly situated on or in an area designated as a protected area under a Designation Order or under the order filed as New Brunswick Regulation 90-136 and

(i) inspect any structure, installation, operation, plant or machinery that is situated wholly or partly on or in the area, land, place or premises, or

(ii) inspect and test any air, water, soil, contaminant, waste, other material regardless of form or process of production or manufacture that is situated wholly or partly on or in the area, land, place or premises.

17(3)An inspector shall not enter a private dwelling for the purposes of this section unless the inspector

(a) is acting in an emergency situation,

(b) has the consent of a person who appears to be an adult and an occupant of the dwelling, or

(c) obtains an entry warrant in accordance with the Entry Warrants Act.

17(4)An inspector may detain for the purposes of evidence

(a) any object, substance or material or a sample of any object, substance or material, and

(b) any documentary material regardless of physical form or characteristics,

which the inspector discovers while acting under this section and believes, on reasonable grounds, may afford evidence of a violation of a provision of or a failure to comply under this Act or the regulations.

1989, c.53, s.5; 1993, c.19, s.11

Assistance to inspectors

18The owner or person in charge of any area, land, place or premises and any employees or agents of the owner or person in charge shall give all reasonable assistance to an inspector to enable the inspector to carry out the inspector’s duties under this Act and shall furnish the inspector with such information as the inspector may reasonably require.

Obstruction or hindrance of inspectors

19No person shall obstruct or hinder an inspector in the carrying out of the inspector’s duties under this Act.

Statements to inspectors

20No person shall knowingly make a false or misleading statement, either orally or in writing, to inspectors or other persons engaged in carrying out their duties under this Act.

Designation of analysts

21The Minister may designate persons as analysts for the purposes of this Act.

Evidence in prosecution

22(1)In a prosecution with respect to an offence under this Act or the regulations,

(a) a statement purporting to be signed by the Minister that a person does not hold a registration, licence, permit or approval under this Act or the regulations with respect to an activity designated in the statement, or

(b) a registration, licence, permit, approval, order, notice, certificate, plan or any other document purporting to be signed by the Minister or a certified copy of the document,

shall be

(c) received in evidence by any court in the Province without proof of the appointment, authority or signature of the person purporting to have signed it or the person purporting to have certified the copy,

(d) in the absence of evidence to the contrary, proof of the facts stated in the document, copy or statement, and

(e) where the name of the person referred to in the document, copy or statement is that of the accused, in the absence of evidence to the contrary, proof that the person named in the document, copy or statement is the accused.

22(2)A document, copy or statement referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceedings, given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the document, copy or statement.

22(3)Subject to subsection 23(2), a person against whom a document, copy or statement referred to in subsection (1) is produced may, with leave of the court, require the attendance of a person designated by the Minister for purposes of cross-examination.

Certificate of analyst

23(1)Subject to this section, a certificate of an analyst stating that the analyst has analyzed or examined a sample submitted to the analyst by an inspector and stating the result of the analyst’s analysis or examination is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and in the absence of evidence to the contrary is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.

23(2)The party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for purposes of cross-examination.

23(3)A certificate shall not be received in evidence under subsection (1) unless the party intending to produce it has given reasonable notice of the intention, together with a copy of the certificate, to the party against whom it is intended to be produced.

Service

24(1)An order, notice or other document that is to be given to or served upon a person shall be sufficiently given or served

(a) if it is served in the manner in which personal service may be made under the Rules of Court,

(b) if it is mailed prepaid registered mail to the last or usual address of that person,

(c) if it is mailed prepaid registered mail to the last address of that person reported to the Minister under this Act or the regulations, or

(d) if it is served in any other manner or place prescribed by the regulations.

24(2)Service by prepaid registered mail shall be deemed to be effected five days after the date of mailing.

OFFENCES AND PENALTIES

Offences and penalties

25(1)Subject to subsection (3), a person who violates any provision of this Act or the regulations or fails to comply with an order issued under this Act or the regulations, with a term or condition of an approval, registration, licence or permit granted or issued under this Act or the regulations or with a prohibition, control, requirement, limitation, allocation, term, condition or standard relating to a designation made under this Act or the regulations commits an offence and is liable, on summary conviction,

(a) in the case of an individual, to a fine of not less than five hundred dollars and not more than fifty thousand dollars, and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act, and

(b) in the case of a person other than an individual, to a fine of not less than one thousand dollars and not more than one million dollars.

25(2)If a violation of a provision of or a failure to comply under this Act or the regulations continues for more than one day, the fine payable shall be the product of

(a) the fine imposed under subsection (1), and

(b) the number of days on which the violation or failure continues.

25(3)If a person commits an offence under this Act that is also an offence under the Pesticides Control Act, the person, if charged, shall be charged under the Pesticides Control Act.

1993, c.19, s.12

Offences and penalties

26(1)Where, in the opinion of a judge, a person charged with an offence under this Act or the regulations has committed the offence for financial advantage or to avoid the financial burden of compliance with this Act or the regulations, the judge may, notwithstanding any maximum fine set for that offence under subsection 25(1) or (2),

(a) where the offence was committed for financial advantage, impose such fine as will ensure that no financial advantage is gained from the commission of the offence, or

(b) where the offence was committed to avoid the financial burden of compliance with this Act or the regulations, impose such fine as is appropriate in the circumstances.

26(2)A judge shall not impose a fine under subsection (1) unless the prosecutor has, before the time set for the person charged to appear in court, notified the person that a fine under subsection (1) will be sought if the person is convicted.

Absolute liability offence

27Every person other than an individual who commits an offence under this Act or the regulations commits an absolute liability offence.

Proceedings limitation period

28Proceedings with respect to an offence under this Act or the regulations may be instituted at any time within two years after the time when the subject matter of the proceedings arose.

Restraining action by Minister

29A provision of this Act or the regulations or a direction, determination, order, notice, registration, licence, permit, approval or requirement given, made, issued, served, granted or imposed by the Minister or the Lieutenant-Governor in Council that is contravened may, in addition to any other remedy and to any penalty imposed by law, be restrained in an action at the instance of the Minister.

Effect of Act on civil remedy

30No civil remedy for an act or omission is suspended or affected by reason that the act or omission is an offence under this Act.

LAND AND WATER
ADVISORY COMMITTEE

Land and Water Advisory Committee

31(0.1)In this section and in section 32

“Committee” means the Land and Water Advisory Committee established under this section.

31(1)There shall be a Committee to be known as the Land and Water Advisory Committee.

31(2)The Lieutenant-Governor in Council shall appoint persons who

(a) are employed by the Province, and

(b) represent departments, commissions, offices or other bodies that have a direct interest in land and water use,

as members of the Committee.

31(3)The Lieutenant-Governor in Council shall designate a member of the Committee to be chairperson and another member to be vice-chairperson.

31(4)A majority of the members of the Committee including the chairperson or the vice-chairperson constitute a quorum.

31(5)To carry out its duties, the Committee may make its own rules of procedure.

31(6)The members of the Committee shall be appointed and hold office at the pleasure of the Lieutenant-Governor in Council.

1989, c.53, s.6; 1992, c.76, s.6

Duties and powers of Committee

32(1)In this section

“department” means a department, commission, office or other body that is represented on the Committee by a member.

32(2)The duties of the Committee are

(a) to share among its members information respecting the activities of the departments that relate to land and water use,

(b) to make recommendations to the Minister concerning land and water use policies,

(c) to develop methods to avoid and resolve conflicts and problems concerning land and water use,

(d) to review the content and operation of this Act and the regulations and recommend to the Minister any amendments that, in the opinion of the Committee, would increase its effectiveness,

(e) at the request of the Minister, to investigate, report on to the Minister and advise the Minister concerning any matter coming within this Act, and

(f) to perform such other duties as are established by regulation.

32(3)The Committee may sit when and if it considers it necessary to receive submissions from any person concerning any matter coming within this Act.

32(4)The Minister may pay reasonable travelling and out-of-pocket expenses necessarily incurred by any person appearing before the Committee.

32(5)The Minister may from time to time engage the services of persons having special knowledge concerning any matter being studied, investigated or reported on by the Committee.

32(6)The Committee shall submit an annual report of its activities to the Minister, who shall lay the report before the Legislature.

ADMINISTRATION

Administration of Act and designation of persons

33The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf.

Agreements by Minister

34(1)The Minister may, with the approval of the Lieutenant-Governor in Council, enter into agreements with one or more of the following:

(a) Canada;

(b) a province or territory;

(c) a state of the United States of America;

(d) a municipality; and

(e) any person.

34(2)An agreement under subsection (1) shall carry out the intent of this Act and may establish intergovernmental or other committees to co-ordinate and implement programs relating to the objectives of this Act and to maintain continuing consultation and advise on policies and programs relating to the objectives of this Act.

Registrations, licences, permits and approvals

35Where a registration, licence, permit or approval is required under this Act or the regulations the Minister may issue, transfer, suspend, cancel, renew or reinstate the registration, licence, permit or approval in accordance with the regulations.

Registers

36The Minister shall maintain a register in the form considered suitable by the Minister in which is to be entered, with respect to each application for a registration, licence, permit or approval under this Act or the regulations, such information as the Minister considers appropriate.

Inspection of registers

37The register kept under section 36 shall be open for inspection at the Minister’s office during normal business hours by any person on payment of the fee established by regulation.

Fees, rentals and charges

38An applicant, a person who takes any proceedings, a holder of a registration, licence, permit or approval and a person who uses or diverts water shall pay the fees, rentals and charges established by regulation in the manner established by regulation.

Appeals

39A person whose registration, licence, permit or approval has been suspended or cancelled or whose application for a registration, licence, permit or approval or for the transfer, renewal or reinstatement of a registration, licence, permit or approval has been refused may appeal the suspension, cancellation or refusal in accordance with the regulations.

REGULATIONS

Regulations

40The Lieutenant-Governor in Council may make regulations

(a) Repealed: 1992, c.76, s.7

(a.1) prescribing agricultural activities for the purposes of paragraph (e) or (h) in the definition “alteration”;

(b) prescribing any matter to be waste;

(c) respecting the release, handling, disposal or removal of any class of, or any, contaminants, wastes, gases, liquids or solids into, from or upon water;

(d) regulating, controlling, prohibiting, directing or providing for the withdrawal, use, storage and handling of water;

(e) providing for the appeal of an order, designation or decision made under this Act or the regulations;

(f) respecting the manner of appeal from orders, designations or decisions made under this Act or the regulations;

(g) respecting the responsibility for and the payment and recovery of any cost, expense, loss, damages or charge incurred by the Minister or any person, including the cost, expense, loss, damages or charge incurred by all persons, materials and equipment employed and by repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing coming within this Act or the regulations;

(h) respecting the carriage, conduct and settlement of claims and actions relating to matters coming within this Act and the regulations;

(i) respecting the procedure for the collection of costs, expenses, losses, damages and charges incurred by the Minister while acting under this Act or the regulations, including the sharing of proceeds where the amount available or the amount collected is not sufficient to satisfy all claims;

(j) regulating, controlling, prescribing and providing for methods, standards or tests for determining the amount, concentration, level or presence of any contaminant or waste or any class of contaminant or waste in or upon water;

(k) respecting the establishment of a water classification system;

(l) respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold, having renewed, having reinstated or transferring a registration, licence, permit or approval;

(l.1) respecting the matters in relation to which the Potable Water Advisory Committee makes recommendations under section 13.1;

(m) respecting the designation of all or any portion of a watershed, aquifer or ground water recharge area as a protected area and the prohibition of, control of, limitation of, allocation of or imposition of terms, conditions or standards respecting any activity, thing or water or land use within the area so designated, for the purpose of protecting the quality or quantity of the water in the protected area;

(n) regulating, controlling, prohibiting, directing or providing for the location, construction, testing, alteration, modification, use, operation, repairing, monitoring, inspection, discharge or removal of sources of contaminant, dangers of pollution, waterworks, hydro-electric projects or control dams;

(o) regulating, controlling, prohibiting, directing or providing for river diversions, drainage diversions or alterations or diversions of all or part of a watercourse or wetland or the water flowing in a watercourse or wetland;

(p) regulating, controlling or prohibiting the erection or placing of structures of any kind on the ice of a body of water, including providing for the removal of structures erected or placed contrary to the regulations;

(q) regulating, controlling, prohibiting, directing or providing for the location, construction, testing, alteration, modification, operation, repairing, inspection or removal of structures or things that lie within or cross or that may lie within or cross a watercourse or wetland;

(r) designating or authorizing the Minister to designate an area subject to flooding as a flood hazard area and prohibiting, restricting or limiting or authorizing the Minister to prohibit, restrict or limit any construction or development within or any alteration to the area so designated that would increase the risk or magnitude of flooding or would in any way alter or divert the flow of water within the area at any time;

(s) establishing an advisory board in relation to

(i) the location, spacing, construction, testing, alteration, repairing, sealing, capping and abandoning of wells, and

(ii) the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the construction, testing, altering, reconditioning, repairing, sealing, capping or abandoning of wells;

(t) respecting the location, spacing, construction, testing, alteration, reconditioning, repairing, sealing, capping and abandoning of wells and the materials, methods and equipment used in constructing, testing, altering, reconditioning, repairing, sealing or capping wells;

(u) respecting the content of, timing of, publishing of, service of or any other matter relating to any notice, order or other document that is required to be given or served under this Act or the regulations;

(v) establishing the duties of the Land and Water Advisory Committee;

(w) respecting the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals;

(w.1) respecting the exemption of persons or classes of persons from the requirement to obtain a permit under this Act and respecting the waiver for persons or classes of persons of the requirement to obtain a permit under this Act;

(x) establishing or authorizing the Minister to impose terms and conditions upon which registrations, licences, permits and approvals may be refused, issued, transferred, held, suspended, cancelled, renewed and reinstated;

(y) establishing fees and the manner of payment of fees to be paid upon the application for, and upon the issuance, transfer, renewal and reinstatement of, registrations, licences, permits and approvals;

(z) establishing fees, rentals and charges and the manner of payment of fees, rentals and charges to be paid under this Act and the regulations;

(z.1) respecting forms for the purposes of this Act and the regulations;

(aa) respecting the duties and powers of inspectors and analysts, the taking of samples and the analysis of substances for the purposes of this Act and the regulations;

(bb) respecting the records to be kept, the returns to be made and the information to be given by an owner or operator, or both, of a source of any class of, or any, contaminant, waterworks, well, public water supply system or water supply system or by any person or class of person who handles, releases, removes or disposes of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon water;

(cc) respecting the confidentiality of documents and other information filed or submitted under this Act and the regulations, the period during which the documents and information are to be confidential and the persons to whom the documents and information may be disclosed; and

(dd) defining public water supply system for the purposes of this Act and the regulations.

1989, c.53, s.7; 1990, c.35, s.3; 1992, c.76, s.7; 1993, c.19, s.13; 2003, c.5, s.5

COMMENCEMENT

Commencement

41This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

N.B. Sections 1-10, 11(1), 12-40 of this Act were proclaimed and came into force July 1, 1990.

N.B. Subsections 11(2) and (3) of this Act were proclaimed and came into force February 15, 1994.

N.B. This Act is consolidated to June 22, 2006.

c-6.1 - Clean Water Act

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