Acts and Regulations

C-6.1 - Clean Water Act

Section 13
Disposition versions

Full text
Significant health risk posed by water
13(1)Repealed: 2017, c.2, s.3
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 costs 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, 8, 8.1 and 8.2 apply with the necessary modifications to an order made under this section.
1992, c.76, s.4; 2000, c.26, s.44; 2002, c.26, s.12; 2006, c.16, s.30; 2006, c.16, s.31; 2017, c.2, s.3
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.(puits privé)
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 costs 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, 8, 8.1 and 8.2 apply with the necessary modifications to an order made under this section.
1992, c.76, s.4; 2000, c.26, s.44; 2002, c.26, s.12; 2006, c.16, s.30; 2006, c.16, s.31
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 costs 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, 8, 8.1 and 8.2 apply with the necessary modifications to an order made under this section.
1992, c.76, s.4; 2000, c.26, s.44; 2002, c.26, s.12; 2006, c.16, s.30; 2006, c.16, s.31
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