Acts and Regulations

2002-13 - Water Classification

Section 7
Disposition versions

Full text
Classification of lakes, ponds and impoundments
7(1)Subject to subsections (1) and (2), on the commencement of this Regulation, the water of all lakes, ponds and impoundments shall be classified as AL class, if the water is not already classified as AP class.
7(2)Subsection (1) does not apply to excavations or containment structures used for the purpose of ponds on golf courses or for the purpose of wastewater treatment, ponds constructed for fish culture, agricultural purposes or fire protection or other artificially created ponds.
7(3)The Minister, with the approval of the Lieutenant-Governor in Council and in accordance with this Regulation, may in the Minister’s discretion in or by a Water Classification Order exclude from the AL class
(a) the water of any lake or pond or all lakes or ponds to which subsection (1) applies and that are located partly or wholly within a wetland that is being used or is to be used for peat extraction, and
(b) the water of any impoundments to which subsection (1) applies,
and paragraphs 10(1)(a) and (c) apply with the necessary modifications to such an order.
7(4)The water of any lake, pond or impoundment to which an order made under subsection (3) applies may, in the Minister’s discretion, with the approval of the Lieutenant-Governor in Council and in accordance with this Regulation, subsequently be designated as AL or any other class of water in or by a Water Classification Order and sections 3 to 5 and 8 to 10 apply with the necessary modifications to such an order.
Classification of lakes, ponds and impoundments
7(1)Subject to subsections (1) and (2), on the commencement of this Regulation, the water of all lakes, ponds and impoundments shall be classified as AL class, if the water is not already classified as AP class.
7(2)Subsection (1) does not apply to excavations or containment structures used for the purpose of ponds on golf courses or for the purpose of wastewater treatment, ponds constructed for fish culture, agricultural purposes or fire protection or other artificially created ponds.
7(3)The Minister, with the approval of the Lieutenant-Governor in Council and in accordance with this Regulation, may in the Minister’s discretion in or by a Water Classification Order exclude from the AL class
(a) the water of any lake or pond or all lakes or ponds to which subsection (1) applies and that are located partly or wholly within a wetland that is being used or is to be used for peat extraction, and
(b) the water of any impoundments to which subsection (1) applies,
and paragraphs 10(1)(a) and (c) apply with the necessary modifications to such an order.
7(4)The water of any lake, pond or impoundment to which an order made under subsection (3) applies may, in the Minister’s discretion, with the approval of the Lieutenant-Governor in Council and in accordance with this Regulation, subsequently be designated as AL or any other class of water in or by a Water Classification Order and sections 3 to 5 and 8 to 10 apply with the necessary modifications to such an order.